Terms and Conditions

1. OVERVIEW

1.1 Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the eljansports.com website ("Service", "Site") operated by Eljan Sports ("us", "we", or "our").

 

1.2 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms, including those additional policies referenced herein, and/or available by hyperlink. If you disagree with any part of the terms then please refrain from using or accessing the Service.

 

1.3 In agreeing to these Terms, you also agree to our Privacy Policy and Returns and Exchanges Policy. Please carefully read the Privacy Policy and the Returns and Exchanges Policy before accepting these Terms.

 

 

2. WEBSITE

2.1 Although we strive to keep the information present in the Site to be accurate, complete, and current, we do not guarantee that all the information available in the Site will be accurate, complete, and current at all times.

 

2.2 We reserve the right to modify or discontinue the contents and/or services of this Site at any time without prior notice. We are not obligated to inform you about any changes that were made in the Site’s contents and/or services.

 

2.3 Although we strive to keep the Site accessible 24 hours a day, we do not guarantee the availability of the Site and that your use of the Site will be uninterrupted or error-free. We are not liable for any loss that may occur during any downtime or interruptions that may occur to the Site.

 

2.4 We reserve the right to suspend the availability of the Site without prior notice for any reason, which may include but is not limited to maintenance, repairs, and addition or removal of Site functions.

 

2.5 Although we strive to make the Site as accessible as possible to all platforms, we do not guarantee the Site’s compatibility with any hardware and software which you may use. We are not responsible for any damages that may occur to any computer equipment, software, data, or any other property that may result from your usage of the Site.

 

2.6 You may not in any way use this Site or any if its contents in performing actions that:

a)  are illegal or may violate any laws in any applicable jurisdiction;

b)  are fraudulent or to commit any form of fraud and/or deception; or

c)   are harmful and/or damaging to any party.

 

 

3. ACCOUNTS

3.1 You are responsible for providing us information that is accurate, complete, and current at all times. We are not responsible for any incident that may occur due but not limited to the lack of and/or inaccurate information provided to us.

 

3.2 You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

3.3 You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

 

4. ORDERING AND PAYMENT

4.1 We process orders through the information that you have provided to us and we are not liable for any incidents that may occur due but not limited to the lack of and/or inaccurate information provided. We handle your personal information in accordance to our Privacy Policy.

 

4.2 We reserve the right to not accept orders if you have violated any of the Terms or if we have determined that the order could not be completed for any reason, which includes but is not limited to undeliverable addresses.

 

4.3 We are not liable for any delays or interruption of services which may occur which are beyond our control. These reasons include but are not limited to: natural disasters, fires, explosions, earthquakes, drought, tidal waves and floods, national emergencies, war, hostilities, invasion, rebellion, revolution, insurrection, civil war, riot, commotion, strikes, lock outs or disorder, acts or threats of terrorism, or any acts of force majeure.

 

4.4 We will only process orders that are fully paid. We reserve the right to obtain validation of your payment before processing the order.

 

4.5 We process payments through third-party services (Paypal, Bank Deposits, etc.). Eljan Sports will not personally request for your payment account passwords or credit card information. Please refrain from supplying payment account passwords or credit card information to any party claiming to be part of Eljan Sports and notify us immediately if this may occur.

 

4.6 You acknowledge that you are fully permitted to use any account or credit cards that you use to pay for your orders. You are fully responsible for safeguarding your payment account and/or credit card information.

 

4.7 If you discover that there was a mistake within the shipment you receive, please refer to our Returns Policy.

 

 

5. REVIEWS, COMMENTS, AND OTHER CONTENT

5.1 If you post or submit any comments or material to us, whether it is at our request or by your own volition, you agree that you grant us the right to without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments or materials that you forward to us. We are and shall be under no obligation to:

1)  maintain any comments or materials in confidence;

2)  to pay compensation for any comments or materials; or

3)  to respond to any comments.

 

5.2 We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

5.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

6. TERMINATION

6.1 We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation your breach of the Terms.

 

6.2 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

6.3 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

 

7. THIRD-PARTIES

7.1 Our Site may contain links to third-party web sites or services that are not owned or controlled by us.

 

7.2 We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

7.3 We strongly recommend that you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

 

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 The Site is provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. You expressly agree that your use of the Site is at your own risk.


8.2 To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site.


8.3 Eljan Sports makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.


8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Eljan Sports for death or personal injury as a result of the negligence of Eljan Sports or that of its employees.

 

 

9. INDEMNITY

9.1 You agree to indemnify and hold Eljan Sports and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against Eljan Sports arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

 

 

10. GOVERNING LAW

10.1 These Terms shall be governed and construed in accordance with the laws of the Philippines. You agree to submit to the exclusive jurisdiction of the Philippines courts to settle any dispute which may arise under these Terms.

 

 

11. SEVERABILITY

11.1 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

 

12. CHANGES TO TERMS OF SERVICE

12.1 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

12.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

 

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us through any of the following methods:

Contact Numbers: (632) 990-1656, (632) 990-1658

Email Address: customerservice@eljansports.com

Mailing Address: #76 Mendez Road, Brgy. Baesa, Quezon City, Metro Manila, Philippines 1106