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Terms & Conditions

1.INTRODUCTION

Welcome to Galleon Mercado ("Site"). Please read the following Terms of Conditions carefully before using this Site or opening a Galleon Mercado account ("Account) so that you are aware of your legal rights and obligations with respect to Sterling Galleon Corp. and its affiliates and subsidiaries (individually and collectively, "Galleon Mercado", "We", "Us" or "Our"). The service we provide or make available include (a) the Site, (b) the services ("Services") provided by the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Galleon Mercado.

Galleon Mercado is an online platform for selling goods and services between the buyer ("Buyer") and the seller ("Seller") (collectively "You" , "Users" or "Parties"). The actual contract for sale is directly between Buyer and Seller. Galleon Mercado is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transactions will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Galleon Mercado is not involved in the transaction between Users. Galleon Mercado may or may not pre-screen Users or the Content or information provided by Users. Galleon Mercado reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6 herein. Galleon Mercado cannot ensure that Users will actually complete a transaction.

Before becoming a User of the Site, Terms and Conditions must be read and accepted to declare consent in order for processing of personal data as described in the Privacy Policy linked hereto.

Galleon Mercado reserves the rights to amend these Terms and Conditions at any time. These changes will be reflected in the Website and an announcement will be posted regarding the changes. Generic emails will be sent to registered users as well. Please be reminded that continued use of the Website replicates that the users agree to the changes imposed therein.By accepting this Terms and Conditions, the User has accepted and agreed to be bound by the policies set forth in the following policies:

The use of this Website affirms that the Website user is at least 18 years of age. Persons who are not capable of forming binding legal contracts (i.e. minors) and wish to make a transaction, the parents or legal guardian should make the transaction on his behalf. This should be made possible with the parent or the legal guardian registering in the Website prior to purchase. We reserve the right to terminate any account should we discover that the user is a minor. For business entities who wish to enter into a transaction, a duly authorized representative can register on the entity's behalf granted that this person is of legal age and are duly authorized by the entity to form binding contracts with the Company.

By clicking accept, you confirm that you have read the Terms and Conditions, that you understand them and that you agree to be bound by them.

The use of this Website requires the User to maintain the confidentiality of username and password. It is the User’s sole responsibility to safe-keep the password and he or she is responsible for all the activities that occur under this name. Furthermore, it is imperative that Users provide accurate details in the registration form. Failure to comply may result in the suspension and deactivation of accounts. Galleon Mercado reserves the rights to enforce such actions to accounts with untrue, inaccurate, and incomplete data. In the event that a website user believes that his or her account has been compromised, please send us an email right away at [email protected].

2. PRIVACY POLICY

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at http://mercado.galleon.ph/document/privacy-policy. If you intend to connect to, access or use the Site, or provide or make available to us any personal information, you must first read and accept the Privacy Policy.

If you intend to connect to, access or use the Site, or provide or make available to us any personal information, you must first read and accept the Privacy Policy.

3. LIMITED LICENSE

Galleon Mercado grants you a limited and revocable license to access and use the Services subject to the Terms and Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property") displayed in the Site are the property of Galleon Mercado and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website.

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms and Conditions. Galleon Mercado reserves all rights to the software not expressly granted by Galleon Mercado hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Galleon Mercado.

5. ACCOUNTS AND SECURITY

Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. Galleon Mercado, in its sole discretion, finds offensive or inappropriate, has the right to suspend or terminate your Account.

You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Galleon Mercado of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Galleon Mercado will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

You agree that Galleon Mercado may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Galleon Mercado deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms and Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behaviour that is harmful to other Users, third parties, or the business interests of Galleon Mercado.

Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Galleon Mercado may terminate your Account immediately with or without notice.

Users may terminate their Account if they notify Galleon Mercado in writing (including via email at [email protected]) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Galleon Mercado after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms and Conditions. Galleon Mercado shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Galleon Mercado.

6. TERMS OF USE

The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms and Conditions or if you fail to comply with any of these Terms and Conditions. In any such event, Galleon Mercado may affect such termination with or without notice to you.

You agree not to:

  • upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy
  • upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
  • use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • remove any proprietary notices from the Site;
  • cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Galleon Mercado;
  • use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
  • use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
  • open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms and Conditions;
  • access the Galleon Mercado platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
  • manipulate the price of any item or interfere with other User's listings;
  • take any action that may undermine the feedback or ratings systems;
  • attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Galleon Mercado with respect to the Services and/or data transmitted, processed or stored by Galleon Mercado;
  • harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
  • upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
  • upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
  • interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
  • use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
  • use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
  • use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
  • infringe the rights of Galleon Mercado, including any intellectual property rights and any passing off of the same thereof;
  • use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
  • list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the User from whom such Content originated. This means that you, and not Galleon Mercado, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Galleon Mercado be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

You acknowledge that Galleon Mercado and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Galleon Mercado and its designees shall have the right to remove any Content (i) that violates these Terms and Conditions; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Galleon Mercado or submitted to Galleon Mercado, including, without limitation, information in Galleon Mercado Forums and in all other parts of the Site.

You acknowledge, consent to and agree that Galleon Mercado may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Galleon Mercado or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Galleon Mercado, its Users and/or the public.

7. VIOLATION OF OUR TERMS AND CONDITIONS

Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

  • Listing deletion
  • Account suspension and subsequent termination
  • Criminal charges
  • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

If you believe a User on our Site is violating these Terms and Conditions, please contact [email protected].

8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

The Users are independent individuals or businesses and they are not associated with Galleon Mercado in any way. Galleon Mercado is neither the agent nor representative of the Users and does not hold and/or own any of the merchandise listed on the Site. If you are an intellectual property right owner ("IPR Owner") or an agent duly authorised by an IPR Owner ("IPR Agent")) and you believe that your right or your principal's right has been infringed, please notify us in writing by email to [email protected] and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Galleon Mercado will respond to your complaint as soon as practicable.

Complaints under this Section 8 must be provided in the form prescribed by Galleon Mercado, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively,"Informant"); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Galleon Mercado to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owners behalf to the complaint.

9. PURCHASE AND PAYMENT

Galleon Mercado supports one or more of the following payment methods:

  • Paypal and Credit card payments
  • Bank payment/transfer to BDO account of Galleon Mercado
  • Dragonpay

Galleon Mercado takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased.

At the moment,Galleon Mercado is only able to make payment to Users via bank transfer. Hence, Users are required to provide Galleon Mercado with his/her banking details in order to receive payments i.e. from the sale of items or refund from Galleon Mercado.

10. DELIVERY

Galleon Mercado will inform Seller once payment of the buyer is verified. Unless otherwise agreed with Galleon Mercado, Seller should then make the necessary arrangements to have the order delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

Seller must use his/her best effort to ensure that Buyer receives the purchased items.

Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failed to be delivered, Users acknowledge and agree that Galleon Mercado will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute. Galleon Mercado will however arbitrate in case Buyer and Seller is not able to resolve matters.

11. CANCELLATIONS, RETURNS AND REFUNDS

Cancellations

Orders can only be cancelled when the items are not yet handed over to the delivery courier by the Seller. Cancellations can be requested by:

  • Buyer - must contact the Seller and request for the cancellation of order.
  • Seller - may initiate cancellation but may be penalized if the percentage of cancelation is found too high.
  • Galleon Mercado - will initiate cancellation for unfulfilled orders and orders with no payment made.
  • All Digital Goods cannot be cancelled once it has been sent. Digital goods includes but not limited to mobile top-up cards, audio or video recording or software

Returns / Replacements

Orders can be returned if Seller agrees to the return of the item. Buyer may request return or replacement by contacting Seller. Shipping costs in returning the item should be agreed upon by Buyer and Seller. Shipping cost for the delivery of any replacement should be agreed upon by Buyer and Seller.
Buyer and Seller should refer to Seller's product policies ("Customer Service Policies") displayed on the Site as a basis for return or replacement. Buyer may return an order when the following conditions are met:

  • Damaged Item
  • Defective Item
  • Wrong item delivered
  • Missing items/parts
  • Does not fit
  • Used items
  • Items not as advertised
  • Item may not be authentic
  • Expired product

The following may not be returned or replaced depending on Seller:

  • Goods that are perishable or may otherwise deteriorate or expire rapidly, such as groceries;
  • Goods that are not suitable for return due to health protection or hygienic reasons, such as cosmetics, swimwear and underwear.

Disputes

In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions. If the dispute cannot be resolved by mutual discussions after three (3) business days, Users may contact Galleon Mercado to arbitrate and provide a resolution within two (2) business days.

Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Galleon Mercado or its Affiliates (except where Galleon Mercado or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

Refunds

Galleon Mercado will provide refunds to Buyers via Bank transfer for Cancellations and Disputes. Galleon Mercado shall have no liability for refunds offered by Seller in excess of the purchase price.

Refunds is initiated when the following conditions are met:

  • Order is cancelled by Seller
  • Order is cancelled by Buyer and Seller approves
  • Products not delivered by seller
  • Disputes in favor of Buyer

12. FEEDBACK

Galleon Mercado welcomes information and feedback from our Users which will enable Galleon Mercado to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i)     Feedback may be made in writing through email or using the feedback form found on the website.
(ii)     Anonymous feedback will not be accepted.
(iii)    Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv)    Vague and defamatory feedback will not be entertained.

13. DISCLAIMER

The Services are provided "as is" and without any warranties, claims or representations made by Galleon Mercado of any kind either expressed, implied or statutory with respect to the services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, Galleon Mercado does not warrant that the services, this site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Site and/or the Server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

You acknowledge that the entire risk arising out of the use or performance of the Site and/or the Services remains with you to the maximum extent permitted by applicable law.

Galleon Mercado has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for: (a) the fitness for purpose, existence, quality, safety or legality of items available via the Services; or (b) the ability of Sellers to sell items or of Buyers to pay for items.

If there is a dispute involving one or more users, such users agree to resolve such dispute between themselves directly and, to the maximum extent permitted by applicable law, release Galleon Mercado and its affiliates from any and all claims, demands and damages arising out of or in connection with any such dispute.

14. EXCLUSIONS AND LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Galleon Mercado be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:

(i) (a) loss of use; (b) loss of profits; (c) loss of revenues; (d) loss of data; (e) loss of goodwill; or (f) failure to realise anticipated savings, in each case whether direct or indirect; or
(ii)  any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this site or the services, including, without limitation, any damages resulting therefrom, even if Galleon Mercado has been advised of the possibility of such damages.

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services is to request for termination of your account and/or discontinue any use of the Services. If, notwithstanding the previous sections, Galleon Mercado is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, its liability to you or to any third party is limited to the lesser of any amounts due and payable to you pursuant to the Galleon Mercado guarantee.

Nothing in these terms of Service shall limit or exclude any liability for death or personal injury caused by Galleon Mercado's negligence, for fraud or for any other liability on the part of Galleon Mercado that cannot be lawfully limited and/or excluded.

15.YOUR CONTRIBUTION TO THE SERVICES

LICENSE FOR CONTENT

Seller grants, as well as represents and warrants that it has the right to grant to Galleon Mercado and its Affiliates a royalty-free, non-exclusive, worldwide, sublicensable, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, commercially or non-commercially exploit in any manner, incorporate and imbed into other works, and distribute Seller Content throughout the Site and all Affiliate properties.

LICENSE FOR MARKS

Seller hereby grants Galleon Mercado, its Affiliates and marketing partners a non-exclusive, royalty-free, non-transferable license to publish, use, reproduce, distribute, transmit, and display Seller's name, trademarks, service marks and logos ("Seller's Marks") during the Term in connection with, or for the promotion of, the Marketplace Program or for internal purposes. All such uses of the Seller's Marks will be subject to the brand guidelines which Seller provides to Galleon Mercado considered confidential by Galleon Mercado and may be disseminated or used by Galleon Mercado without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Galleon Mercado is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Galleon Mercado responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Galleon Mercado. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Galleon Mercado has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Galleon Mercado shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Galleon Mercado may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms and Conditions.

16. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(i) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms and Conditions and to comply with its terms; and
(ii) you will use the Services for lawful purposes only and in accordance with these Terms and Conditions and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

17. FRAUDULENT OR SUSPICIOUS ACTIVITY

If Galleon Mercado, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Galleon Mercado, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(i)   We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(ii)   We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Philippines or elsewhere and directed to Galleon Mercado;
(iii)   We may refuse to provide the Services to you now and in the future;
(iv)   We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Galleon Mercado or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

"Claims" will mean any and all foreseeable or unforeseeable and alleged or actual actions, causes of action (whether in tort, agreement or strict liability, and whether in law, equity, statutory or otherwise), claims, demands, lawsuits, legal proceedings, administrative or other proceedings or litigation

"Reversal" means the reversal of a payment by Galleon Mercado because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Galleon Mercado, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms and Conditions or any other Galleon Mercado policy, or (e) Galleon Mercado decided a Claim against you.

18. INDEMNITY

You agree to indemnify, defend and hold harmless Galleon Mercado, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Galleon Mercado or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Galleon Mercado Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Galleon Mercado, (d) your violation or breach of any term of these Terms and Conditions or any policy or guidelines referenced herein, (e) your use or misuse of the Services, or (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

19. SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

20. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed.

Any dispute arising from or relating to these terms and conditions, including any question regarding its existence, validity of termination, shall finally be settled by arbitration in Makati City, Philippines using the English language. Any arbitration award shall be final and binding upon the parties, shall be the exclusive remedy between the parties and may be enforced by judgment of a competent court having jurisdiction

21. GENERAL PROVISIONS

Galleon Mercado reserves all rights not expressly granted herein. Galleon Mercado may modify these Terms and Conditions at any time by posting the revised Terms and Conditions on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms and Conditions.You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations. Nothing in these Terms and Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and Galleon Mercado, nor does it authorise you to incur any costs or liabilities on Galleon Mercado’s behalf.The failure of Galleon Mercado at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms and Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except for Galleon Mercado's affiliates and subsidiaries (and each of Galleon Mercado's and its affiliates' and subsidiaries' respective successors and assigns).The terms set forth in these Terms and Conditions and any agreements and policies included or referred to in these Terms and Conditions constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms and Conditions the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms and Conditions may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation to the Anti-Graft and Corruption Act of the Philippines and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements. If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contacts us at: [email protected].

LEGAL NOTICES

Please send all legal notices to [email protected] and Attention it to the “General Counsel”.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.