Welcome to the SUNNIES BY CHARLIE INC. (“Sunnies”) website. By using the website and its related services, products, and software (collectively, the "Website"), you agree to be bound by these terms and conditions of use ("Terms and Conditions"). You also accept the Terms and Conditions when you create an account, sign in as a guest, or log in to the Website. Additional or separate terms may apply to your interactions with your use of individual services or features available on the Website, such as comments and reviews. To the extent that the provisions of any additional or separate terms conflict with these Terms and Conditions, the provisions of the additional or separate terms will govern. Sunnies may make changes to the Website and the Terms and Conditions and render them effective immediately upon posting in the Website without prior notice. It is your responsibility to review the Terms and Conditions for updates or changes. If you do not agree with the Terms and Conditions, you should not use the Website for any purpose therefore.
Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly”, or any references to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Sunnies and the provision which is more favorable to Sunnies shall prevail.
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions.
The Customer may pay for the Product, together with all taxes, duties, packing and delivery charges using any of the payment methods prescribed by Sunnies and indicated on the appropriate pages of the Online Store from time to time. Sunnies reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason.
The Intellectual Property in and to the Online Store and the materials found thereon are owned, licensed to or controlled by Sunnies and its licensors or service providers. Unless the prior written authorization of Sunnies or the appropriate copyright or trademark owners has been obtained, no part or parts of the Online Store, the Website or the materials found thereon may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment. Neither shall the Customer remove or alter the trademarks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products without the aforementioned prior written authorization of Sunnies or the appropriate copyright or trademark owners. Nothing in the Online Store, the Website and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any materials or trademarks displayed on the Online Store or Website, without the prior written authorization of Sunnies or the appropriate copyright or trademark owners. Sunnies reserves the right to enforce its Intellectual Property Rights and those of its licensors or service providers to the fullest extent of the law.
Sunnies shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions or any part thereof, or for any inaccuracy, unreliability or unsuitability of the Online Store's or Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Sunnies’ reasonable control.
Sunnies’ failure to enforce these Terms and Conditions shall not constitute a waiver of these terms or of any continuing or succeeding breach of such provision, or a waiver of such provision, or a waiver of any right under these Terms and Conditions, and such failure shall not affect the right of Sunnies to later on enforce the same.
If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force and continue to be binding.
These Terms and Conditions shall be governed by, and construed in accordance with the laws of Philippines. Any legal action arising from these Terms and Conditions initiated by a party shall be brought exclusively in the proper courts of Quezon City, Metro Manila, and the prevailing party shall be entitled to reasonable attorney’s fees.
Sunnies reserves the right to amend these Terms and Conditions at any time by posting said amendments on the Online Store or by using such other method of notification as it may determine. Customers who make purchases of Sunnies’ Products through the Online Store must read and agree to the latest Terms and Conditions in force at the time their Orders are placed and shall be bound thereby. Customers who successfully place Orders in this manner are deemed to have accepted the Terms and Conditions in force at the time the Orders are placed.
These Terms and Conditions of Sale shall constitute the entire agreement between Sunnies and the Customer relating to the subject matter hereof, and supersedes and replaces in full all prior understandings, communications and agreements whatsoever with respect to the subject matter hereof.
Sunnies ensures that all information collected will be safely and securely stored. Sunnies achieves this purpose by restricting access to personal information and maintaining technology products to prevent unauthorized computer access. Sunnies likewise utilizes Secure Sockets Layer (“SSL”) security protocols to manage and secure server authentication, client authentication and encrypted communication between servers and clients. To secure online payments, Sunnies utilizes fraud detection tools to monitor fraudulent activities or discrepancies in account information, and the 3-D Secure protocol to serve as an additional security layer for online credit card transactions.
Nonetheless, the Customer is responsible for maintaining the confidentiality of his or her Account, Password, and other personal information, and Sunnies shall not be held liable or responsible in any manner for any breach of security or unauthorized access or use of the Customer’s Account resulting from the Customer’s failure to maintain the confidentiality of such information. Sunnies is entitled to treat any use or access of the Online Store under a Customer’s Account as being made by the Customer himself and no other person, and that likewise any information, data or communications referable to the Customer’s Account shall be deemed to have been supplied by the Customer himself and no other person. Sunnies shall likewise be fully indemnified by the Customer against any action and for all losses attributable to any use of the Online Store referable to said Customer’s Username and Password.
If it is believed that the privacy of a Customer’s Account has been breached, it is recommended that Customer contact Sunnies immediately by e-mail at firstname.lastname@example.org.
Customers may update their personal information at any time by accessing their Account through the Online Store. If one does not have an Account, he or she may create one by following the instructions on Registration found on the Terms and Conditions of the Online Store or posted on the website itself.
The Online Store may contain links to other websites that may not be operated or owned by Sunnies. Sunnies is not responsible for the privacy practices, advertising, products or the content of such websites that are not owned or operated by it. Links that appear on the Online Store are not to be necessarily be deemed by implication to be owned or operated or endorsed by, or affiliated with Sunnies. It is encouraged that the Customer review the separate privacy policies of each of these websites.
Customers may subscribe to Sunnies’ newsletter (“the Newsletter”) by filling out the newsletter subscription form on the Website. This will allow the Customer to receive on-line exclusive information about special offers, media events, new products and much more. Customers wishing to stop receiving future deliveries of the Newsletter may simply unsubscribe at any time through the Website or by clicking the “unsubscribe” link available in every e-mail from the Newsletter.
Sunnies has the right to disclose the personal information collected by it to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if there are reasonable grounds to believe that disclosure of said information is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory under law, or for complying with the legal orders, or cooperating with investigations conducted of any nature by the proper authorities. To the extent permissible by applicable law, the Customer agrees not to take any action and/or waives his or her rights to take any action against Sunnies for the disclosure of any personal information under these circumstances.
For valuable consideration, receipt and sufficiency of which is hereby acknowledged, I hereby grant Sunnies, its parents, subsidiaries, affiliates, agents, and assigns (collectively "Sunnies”) the absolute and irrevocable right and permission to use, re-use, publish, re-publish, publicly display, perform, transmit, exhibit, and reproduce my name, address, e-mail address, statements, video, voice, photograph, or other likeness, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs, video, or images, in any medium (whether now known or hereafter invented) and for any and all purposes, including but not limited to advertising, publicity, promotion, contests, packaging, and trade, throughout the world without restriction as to manner, frequency, or duration of usage. I agree that my name, address, e-mail address, statements, video, voice, photograph, or other likeness may be used with whatever visuals, copy, or other elements Sunnies may determine, in its sole discretion, for all media usage (including, but not limited to, usage on the Internet), and that nothing herein shall obligate Sunnies to use my name, address, e-mail address, statements, video, voice, photograph, or other likeness. I acknowledge that any and all contents uploaded by me on this Website (the “Content”) will be subject to Sunnies’ prior approval. Content must not be offensive, insulting, defamatory, slanderous, pornographic, vulgar, obscene, or blasphemous, may not in any way violate principles of public order and morality or potentially cause damage in any way to minors; may not contain religious or political declarations, nor may not be illegal for any reason in any jurisdiction. Content must not cause either directly or indirectly damages to any third parties, or solicit illegal behavior. Furthermore, Content must not violate the laws in force – including but not limited to copyright law and data protection law – or contain distinctive marks, intellectual or industrial property rights or other third-party rights; must not include content protected under copyright without express authorization from relevant copyright holder. Contents may not contain trademarks other than Sunnies, must not contain viruses or any software aimed at damaging or interfering in any way with this Website, including software interfering with the functionalities of the Sunnies or its service provider’s’ servers, software to grant access to data or other information and communications stored in such servers. Content must not contain advertising or promotional materials or other messages not relevant to the brand. In Sunnies sole opinion, content which does not meet any of these requirements and/or which Sunnies deems negative, offensive or controversial in any way, will be disqualified and blocked from public view. I acknowledge that any illegal behavior as well as any behavior that may result in danger to third party will be reported to the competent authorities. I further agree that all materials produced pursuant to this Authorization and Release are and shall remain the sole and exclusive property of Sunnies, and that I will not receive any kind of payment, remuneration, compensation or consideration of any kind. I represent and warrant that I have the right to grant Sunnies the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. I hereby waive any right I may have to inspect and approve the finished product and the advertising/publicity copy that may be used, and hereby release and discharge, indemnify and hold harmless Sunnies and its officers, directors, employees, contractors, agents, and any designees, including without limitation, Sunnies licensees, successors, and assigns, from and against any and all liabilities, losses, claims, demands, costs (including without limitation attorneys fees) and expenses arising out of or in connection with any use granted hereunder, including but not limited to any claims for defamation, invasion of privacy, right of publicity or copyright infringement. Regarding statements or representations attributable to me and provided by me, I hereby warrant and represent that such statements or representations accurately reflect my true and honest experience and/or belief. I agree to execute such additional documents confirming this as Sunnies may reasonably require. I represent that I am over the age required by law to enter into binding agreements, that all the people shot in the video/photographs are over the age required by law and that I have no conflicting contractual obligations that would interfere with my granting the rights herein granted. If I am under age, I represent that I was assisted by my parent or legal guardian and that such parent or guardian’s consent was obtained on my behalf to the terms and conditions of this Authorization and Release. If I am underage but either do not have a parent or legal guardian, or have not obtained their consent to be bound by these terms and conditions, I acknowledge that I am not allowed to, and shall not enter the Website nor use the same for any purpose, and upon Sunnies’ reasonable belief and information that in fact I am underage, Sunnies reserves the right to take all reasonable steps to modify or remove Content which I uploaded to the Website and do all other acts and deeds necessary to protect its interests. Sunnies further reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
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