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Terms & Conditions

TERMS AND CONDITIONS

The following terms and conditions (the “Agreement”) constitute an agreement between Hyperspotters Limited (“Hyperspotters”, “we”, “us” or “our”) and you (“you”, “your” or “User”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By using our Service, you acknowledge that you have read, understood and agree to be bound by the Agreement. Please read them carefully. If you do not agree with the Agreement, please do not access or use the Service.

General

  • Hyperspotters provides an online marketing platform Internet where third party merchants or retailers (“Merchants”) can offer products (“Products”) to and transact with the Users of the Service, wherein Hyperspotters facilitates payments in behalf of the Merchants and provides all relevant services required to fulfill the order requests of Users.

Eligibility

  • The access and use of the Service by any minor under the age of 13 is prohibited. The Service is not available to Users suspended or removed from the system by Hyperspotters.

Membership

  • To gain access and use some portions and features of the Service, you will need to register as a member. Registering as a member requires you to expressly signify your acceptance of the Agreement.
  • All information provided during registration must be true, complete and accurate. Hyperspotters has the right to suspend or terminate the account of any User whose information is proven to be untrue, incomplete and inaccurate, or is suspected to be untrue, incomplete and inaccurate.

Accounts

  • You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately of any unauthorized use of your account or breach of security.
  • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Shopping

  • Hyperspotters operate on a first-come, first-served basis policy. Therefore, items in stock may currently appear on your Cart but can be purchased by another customer who was first able to complete the check-out and payment procedures. However, any stock from cancelled orders go back to the Site the next day and may be purchased by you or any other customer subject to the completion of our check-out and payment procedures.
  • Once your transaction is processed and completed, you will receive an Order Acknowledgement email. This email indicates that Hyperspotters has received your order for processing. Once order has been dispatched, a second Shipping Acknowledgement email may be sent by Hyperspotters to the User.
  • The User shall pay for the Product in full at the time of ordering by supplying us with a valid credit or debit card, over the counter at the User’s chosen bank or non-bank center within the time frame provided by Hyperspotters, or cash in the exact amount upon delivery (Cash-on Delivery).
  • Hyperspotters reserves the right to decline an order request in the event that we are unable to obtain authorization for payment, account is suspected as fraudulent, shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards.
  • Further, we may refuse to process an order at any time for any reason at our sole discretion. Unprocessed orders will be terminated by Hyperspotters.
  • Orders are considered completed when the package is dispatched and a shipping acknowledgement email with a tracking number is sent to the User if tracking is available.
  • Inventory levels fluctuate from day-to-day. In rare cases, you may have been able to place an order online for a product portrayed as having stock, but once we attempt to process and find out that the product is sold out. In cases like these, we will notify you via email.
  • Hyperspotters takes extra measures to provide you with accurate information on products we offer on the web site. Hyperspotters does not guarantee, however, that the information is error-free, current, complete or reliable.
  • Hyperspotters displays the colors of products as accurately as possible, however, we cannot guarantee the quality of the User’s computer monitor.

Pricing

  • All prices stated on the site are inclusive of government taxes but exclusive of shipping fees.
  • Hyperspotters tries to give the most accurate and up-to-date pricing information on the site but cannot guarantee being 100% error-free. If you have placed an order for a product whose price was posted incorrectly, we will either not process or cancel your order. Should this happen, we will notify you via email.

Shipping and Delivery

  • Hyperspotters aims to deliver your orders 3 to 5 business days after every successful payment for Metro Manila orders, 5 to 8 business days for provincial orders, and 15 business days for out-of-delivery zones such as remote or inaccessible areas. Hyperspotters delivers from Monday to Friday. Please remember that we do not deliver Saturdays, Sundays and Holidays. There are special cases where in Hyperspotters delivers on a Saturday. 
  • Hyperspotters delivers Nationwide . Any order request with a shipping address located outside of the Philippines will not be fulfilled.
  • When order is received, the recipient is required to sign the Delivery Receipt acknowledging that the items were received in good condition.
  • A representative may receive the User’s package as long as authorization and a valid ID are provided.
  • Cancellation is allowed if the items are not yet scheduled for pick-up or has not been prepared yet. Cancellation fee of 5% of the amount of the total order applies.
  • Any guarantees made as to delivery times are subject to delays resulting from unforeseen events or force majeure.

Promotions

  • Hyperspotters holds promotions, rewards programs and other incentivizing mechanisms, as we see fit. These promotions are not held on a regular or permanent basis, and are not always made available for all Users to participate in. 
  • Hyperspotters reserves the right to modify or terminate our promotions at any time.

Return Policy

  • Due to the nature of our products, Hyperspotters has a no-return policy.
  • However, if the User still insists to request for a return of an item, it must be done within 5 calendar days of receiving the item by emailing at info@hyperspotters.com.
  • Items are allowed for return and exchange if they are incorrect, expired, defective, or damaged. The items must be in original saleable condition. Otherwise, the courier may have the right to refuse if the packaging does not meet their requirements.
  • Hyperspotters will inspect your item to ensure the User’s complaints are valid. Within five (5) business days, Hyperspotters will conduct an evaluation if the return is valid and notify you that we are processing your replacement if so. If a return is invalid, we will notify you as well and send the item back to you.
  • Once the Quality Assurance team has confirmed that the User’s item for return as being valid, the User will be issued a credit voucher from Hyperspotters with a unique number in the same amount as the returned item.
  • All refunds will be in the form of vouchers issued by Hyperspotters. No cash refunds will be facilitated.

Intellectual Property Rights

  • Hyperspotters owns all material and information on the site. This includes but is not limited to software, designs, images, photographs, text, graphics, illustrations, logos, patents, copyrights, trademarks, service marks, audio, video, music and all other intellectual property rights related thereto, including all code in the website.
  • Use of Hyperspotters’ Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You agree not to reproduce, distribute, sell, license, rent, modify, transmit, publish, adapt, edit or create derivative works from Hyperspotters Content and all materials accessible on the Service. 

Limitation of Liability

  • You agree that in no event shall Hyperspotters, its affiliates, officers, directors, employees, agents, suppliers be liable to you for any direct, indirect, special, consequential, economic, exemplary, incidental, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or directly or indirectly related to:
    • (i) The products made available or purchased through the Service, including any damages or injury arising from any use of such products 
    • (ii) The use of or inability to use the Service or any other information access through the Service 
    • (iii) any conduct or content of any third party on the Service
    • (iv) The legality, accuracy, reliability, quality or authenticity of Hyperspotters’ content, advertisements, services or products provided by any party through the Site
  • Under no circumstances shall Hyperspotters be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your accounts.
  • Hyperspotters’ liability to the User for direct damages for any claim related to any of the foregoing shall in no event exceed the amount which you have paid to the site in conjunction with the product under which such claim first arose.
  • Hyperspotters will not be liable for any breach or hindrance in its performance due to any cause beyond its control, including, but not limited to natural disasters, unavoidable accidents, riots, national emergencies and terrorism.
  • Under no circumstances shall Hyperspotters be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your accounts.

Indemnification

  • You agree to defend, indemnify and hold harmless Hyperspotters, its affiliates, officers, directors, employees, agents, suppliers, from and against any and all fines, penalties, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ and experts’ fees) arising out of:
    • (i) your use and access of the Service 
    • (ii) any product you purchase from the Service 
    • (iii) your violation of any term in this Agreement 
    • (iv) your violation of any third-party right, including without limitation any right of privacy or intellectual property right 
    • (v) fraud you commit, or your intentional misconduct or gross negligence.

Exclusions

  • Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Modified Terms

  • We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  • By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Agreement and Severability

  • This Agreement shall constitute the entire agreement between you and Hyperspotters concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us.

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