1. Definition of Terms
For purposes of these Terms and Conditions, the following terms or words or phrases shall mean or be understood as follows:
2. Purchase of Products
2.1. Product Description. Each Product on the website comes with detailed information which can also be found on the policy schedule containing the comprehensive schedule of benefits, benefit coverage limit, and general exclusions among others. Should the Product delivered to you do not correspond to the description listed on the website, you may proceed as provided in Clause 5 of these Terms of Sale.
2.2. Product Price. The price for each Product shall be listed on the website at the time of quotation and/or purchase. Seller strives to provide the correct price for each Product, however, mistakes may happen. In case of pricing mistake or error, You may notify the Seller through [email protected] with the attached proof of purchase reflecting the amount being disputed. All prices are subject to taxes unless otherwise stated. Seller reserves the right to change the product price at any time without any reason and without any prior notice.
2.3. Order Placement. You may place an Order by filling up and submitting the order form and providing the payment information on the website found at www.fpgins.com/ph. An Order placed through unofficial channels or by illegitimate means shall not be honored by Seller.
2.4. Processing of Order. Any Order you make shall be deemed to be accurate, binding, and complete. Subject to Seller’s discretion, you may request to revise or cancel an order and Seller may accommodate your request based on implementing rules and regulations by the Insurance Commission (IC).
2.5. Acceptance of Order. Each Policy issued shall be subject to Seller’s acceptance at its sole discretion and each accepted Order shall constitute a separate Policy Schedule. The Seller reserves the right to decline or cancel an order for any valid reason at any given time.
3.1. Modes. You may pay for the Product through any of the payment modes allowed by Seller. However, your payment will only be credited or accepted when Seller accepts your Order. Seller may impose additional terms or change the payment modes at any time at its discretion.
3.2. Limitation of Liability. You agree that you are subject to the user agreement of your chosen payment mode and that you may not hold the Seller liable for any failure, disruption or error made by the service provider of your chosen payment mode.
3.3. Non-Payment. If you fail to pay pursuant to the Terms and Conditions of the payment mode you chose or your payment is cancelled for any reason, Seller shall have the right to cancel the Product or hold issuance of the Policy without prejudice to any other right or remedy.
4.1. Place of Delivery. The Product shall be sent to the e-mail address specified in your Order. A delivery shall only be made within the specific e-mail address. Once designated, the place of delivery shall not be changed unless Seller expressly agrees in writing.
4.2. Failed Delivery. Should the delivery of the Product fail due to your fault or negligence, Seller may terminate the Sales Contract without waiving any of its rights or remedies.
5. Inquiry or Complaint
5.1. Inquiry. Should you have any question, you may contact the Seller through the Customer Care at [email protected].
5.2. Complaint. Within three (3) days from delivery of the Product and immediately upon discovery, you must contact the Seller as stated above and notify it of your complaint regarding any of the following:
5.3. Seller’s Action. Seller shall endeavor to reply and act on your complaint within thirty (30) days. Should more time be needed, Seller may ask you for an extension of another thirty (30) days or as needed in the event of an investigation.
5.4. Refund. Should you be entitled to a refund of the Product purchased, the refund shall be made through a check which shall be made to the person named as payee (or depositor in case of bank deposit) in the payment mode you used to pay for your order of the Product. Seller may change the refund process at any time at its discretion. While Seller aims to effect a refund at the soonest possible time, the processing of your refund may take time.
6. Title and Risk
6.1. Seller’s Reservation. Seller reserves the right of possession or ownership in the Product despite its delivery to a carrier for the purpose of transmission to you until Seller has received notification from the payment service provider you chose that it has cleared payment (or, deposit) of your full payment for the Product. The Product is at Seller’s risk until its ownership is transferred to you.
6.2. Your Commitment. You commit that you shall ensure that full payment for the Product is processed within a reasonable time. You also commit that you will safely keep the Product as bailee for Seller; and that, within three (3) days from your receipt of any inquiry from Seller or the occurrence of any event which may affect Seller’s rights in the Product, you will immediately reply to Seller or notify Seller of such an event.
6.3. Your Responsibility. You shall be solely responsible for any transaction between you and your external providers such as but not limited to, your internet service provider, your credit card company, and all other third party institutions, financial or otherwise, which you use in relation to Seller’s online store. You agree not to implead and hold us free and harmless from any dispute or issue between you and said external provider.
You agree and understand that transmission of instruction, information or communication over the Internet may be subject to interruption, transmission blackout and delayed transmission due to the Internet traffic or incorrect data transmission due to the public and open nature of the Internet or otherwise. Seller shall not be responsible or liable for any loss of accuracy or timeliness of any communication or transactions conducted through the online store arising from or in relation to any malfunctions in communication facilities that are out of control of the Seller.
You agree and acknowledge that complete privacy, confidentiality and security is not yet possible over the Internet and that your privacy and confidentiality cannot be guaranteed. Therefore, Seller shall not be responsible or liable for any harm or loss that you, or any other person, may suffer in any connection with your access to, or use of, the online store.
7. Limitation of Liability
7.1. Extent. Seller shall, in no event, be liable to you for indirect, incidental, punitive, special, or consequential damages, or damages for loss of profit, revenue, or use, arising out of or in connection with these Terms of Sale. To the extent permitted by law, Seller’s liability for damages arising out of or in connection with these Terms of Sale shall not exceed the purchase price of the product.
8. Contract Termination
8.1. Upon your request. Subject to Seller’s discretion, you may request to terminate the Policy and Seller will strive to accommodate your request on a commercially reasonable effort basis.
8.2. Upon Seller’s determination. Without prejudice to any other right, Seller may terminate the Policy by notifying you in writing at any time should any of the following happen or be present:
9. General Provisions
9.1. Entire Agreement. These Terms of Sale constitute the full and complete agreement between you and Seller. Should there be a prior agreement, representation, or understanding whether written or verbal, this Agreement shall supersede it.
9.2. Revision. Any revision, waiver, or cancellation of any term or condition in these Terms of Sale must be in writing.
9.3. Language. Any communication between you and Seller shall and can be made in both the English and Filipino languages only.
9.4. Governing Law. This Agreement shall be governed by and interpreted under Philippine laws, which shall prevail in the event of any conflict of laws.
9.5. Severability. Should any part of this Term be declared contrary to law or unenforceable, then such part shall be deemed severable from the rest of the Terms and the remaining parts deemed in full force and effect.
9.6. Venue. Should there be any dispute arising from or in relation to these Terms of Sale, both you and Seller agree that a complaint shall only be filed in the proper court or quasi- judicial agency located in Makati City, Metro Manila.