Terms of Service
Last updated: 02-09-2019
This www.juul.ph website, all related content, , and associated services (each and collectively the “Site”), is a service owned and operated by Better For You Corporation (“BFY Corporation,” “BFY,” “us”, “we” or “our”). BFY has adopted these Terms of Service to inform you of your rights and obligations when using the Site (“Terms of Service” or “Terms”).
By using, accessing or browsing the Site, you signify that you have read and understood these Terms of Service and agree to be bound by the same. Upon your use of the Site, these Terms of Service shall be a binding agreement between you and BFY Corporation. If you do not agree, do not fully understand or have reservations with respect to any provision of these Terms of Service, please exit this Site.
ELIGIBILITY AND WARNING
This Site is intended solely for the use of an individual at least twenty-one (21) years of age.
This Site contains age-regulated products, which may include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. An age check will occur during the registration process in order for you to confirm that you are not in violation of these Terms and can participate in any promotions or offers from this Site.
No tobacco-based or nicotine e-liquid product should be considered safe. We encourage you to do your own research regarding vapor products and what is right for you. If you have any health concerns about use of products offered in this Site or any other nicotine delivery or tobacco product, we recommend that you immediately consult with your physician. Inhalation from these products may aggravate pre-existing respiratory or heart conditions. Additionally, ingestion of nicotine, at any level, may cause other conditions (such as increase in your heart rate and blood pressure, dizziness, nausea, and stomach pain). If you do not currently use nicotine-containing products, we recommend that you do not start.
By creating and maintaining an account with this Site, you represent and warrant that you possess the foregoing eligibility requirements. You likewise expressly authorize us to use all necessary means to verify your age and identity with any third-party providers of information.
REGISTRATION AND APPLICATION
In creating your account, you agree to provide the true, current, complete and accurate information about yourself in the registration or application form. If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to cancel your registration, reject any application you have submitted, and restrict your future use of this Site and our products and services. We also reserve the right to reject any registration, deny access to the Site and/or decline any purchase of products or services in violation of these Terms of Service.
You agree to pay for all purchase orders you place through the Site.
Except where stated otherwise, the prices displayed for the products offered in this Site represent the full retail price listed on the product itself. All prices are quoted and payable in Philippine Pesos, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed. Your purchases may also be subject to sales tax, value-added tax, or other applicable taxes or duties at the point of sale. Payment of taxes and duties due are your responsibility and we shall not be responsible for your failure to pay such taxes or duties, unless such sales taxes or duties are collected by us at the time of your purchase, in which case we will submit your taxes and/or duties to the appropriate authority on your behalf.
In the event that you dispute the amount or validity of any payments made to us through this Site, you must notify us in writing of any such dispute within ten (10) days of payment, by mail or by email at the address or email address listed below. You expressly agree that your failure to notify us of any dispute within such period will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by us in the event of your failure to make payment for your purchases.
Cancellation of Orders
After placing your order, you have 45 minutes to cancel by going to your account page and clicking cancel order. After 45 minutes of placing your order, no refunds request will be accepted.
Payment and Delivery
You acknowledge and agree that any or all of your purchase orders and payments may be processed by third party providers, such as aCommerce, Inc., who are responsible for fulfilling and delivering your orders.
Subject to BFY’s (JUUL) Return Policy, you have the right to return new and unused product purchased through the Site for a refund up to seven (7) days following the receipt of the item purchased. To exercise such right, you must inform us of your decision to return by contacting our Support Hotline. We will reimburse all payments received from you, including the costs of shipment, within fourteen (14) days from our receipt of the returned product. However, we will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase. No refunds will be issued for products not returned within fourteen (14) days of notifying us that you would like to return a product for refund. You agree that you will be responsible for the cost of return shipment.
Because of the nature of the products, and for sanitary reasons, we will accept returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken, we will be unable to accept the returned product and we will not issue a refund.
In no event will we accept return of and/or issue any refund for purchases made other than through this Site, including purchases made from an authorized BFY retailer. Products purchased through an authorized BFY retailer must be returned and refunded through the location at which the products were purchased.
DAMAGED / INCOMPLETE / INCORRECT ORDERS
You have a legal guarantee of conformity in connection with the products purchased through the Site. You agree to immediately inspect any goods purchased upon receipt. Please report damaged, incorrect, or incomplete orders to us immediately.
We do not repair damaged devices nor do we provide spare parts for repair.
PRODUCT RESALE OR OTHER EXPLOITATION PROHIBITED
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of the products and services offered in this Site without prior written permission of BFY. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any products or services offered in this Site for commercial purposes without such prior written permission will void any warranty and may be subject to civil and/or criminal action, as prescribed by law.
You agree that the following personal information (hereinafter referred to as “Personal Information”):
- Full name, address, contact numbers, birth date and/or age employment information, bank account details, financial account information, financial history and details of government-issued identifications (if necessary for verifying that the user is of legal age);
- other information from which your identity may not be apparent or which may not reasonably and directly identify you, such as, but not limited to, records of your visits and information you submit when using the Site; and
- information from third parties, in each case with the consent and authority from the user; and
- traffic and usage information generated from your visits to the Site.
a. The Personal Information may be collected through the following means: cookies, flash cookies, general log information, information obtained from your employer, and referral information from third-party websites.
b. The Personal Information may be disclosed to the following: (a) BFY’s principal or partners, affiliates and subsidiaries, agents (including collection agencies), and subcontractors, which are necessary for the conduct of BFY’s business and on a need-to-know basis; (b) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering, or other crimes, and for other lawful purposes; and (c) other entities as may be required by law or as public interest may warrant. In the event that your Personal Information is shared to any third party for the purposes described above, such sharing shall be subject to a data sharing agreement or an outsourcing agreement which shall require, among others, that such third party is bound to exercise the same diligence in the protection of such Personal Information. In the event that you wish to withhold your consent to any such processing or sharing, such request shall be deemed as a request for the deletion of your account and the consequent termination of your transactions in accordance with the terms and conditions of the agreements you accepted and executed. Any such request shall be directed to BFY’s Data Privacy Officer at the address and numbers provided below.
c. We may use your Personal Information or other internet usage data as may be require in connection with the conduct of the BFY’s business, such as, but not limited to: (i) identify you as user of the Site; (ii) contact you in relation to your registered account or requested information; (iii) processing registration of your account; (iv) user profiling; and (v) to maintain internal records.
d. We shall retain your Personal Information (i) for the duration of your activities and transactions in connection with the products and services availed; (ii) for the establishment, exercise or defense of a legal claim; (iii) for legitimate business purposes; or (iv) in instances required by law. Your Personal Information shall then be disposed in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interest.
By submitting content to the Site, you expressly agree to the following:
a. You retain all ownership rights to the content you have uploaded on the Site.
c. You are solely responsible for the content and information you make available through or in connection with our products and services. We will not be liable for any use or misuse of your personal data by others.
d. All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with the Site’s services is the sole responsibility of the person from whom that content originated. We will not be responsible for any error in or omission of any information or content posted by a user.
RESPONSIBILITY FOR ACCOUNT
You are solely responsible for maintaining the confidentiality of your username, password, account and any other login or authentication and validation information you created or provided to the Site (“Unique User Credentials”). By creating and maintaining your account, you agree to honor all activities performed and obligations contracted using your account.
You agree and confirm that any use of your Unique User Credentials shall at all times be presumed to be access by you and, if by a third party, with your consent and authority. Any and all activities or transactions using your Unique User Credentials shall be valid and binding transactions created, committed and performed by you. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless BFY from any damages that arise out of or in relation to use of your account.
If there is an unauthorized use of your account or a breach of its security, you hereby undertake to notify BFY of the relevant circumstances thereof immediately.
By registering and obtaining an account, you affirm that you will follow the Terms of Service of this Website and your registration constitutes your consent to enter into agreements with us electronically.
LIABILITY FOR ACCOUNT MISUSE
We will not be liable for any loss that you may incur as a result of someone else using any of your account or Unique User Credentials, either with or without your knowledge. You could be held liable for losses incurred by us due to a third party using your account or Unique User Credentials.
While adequate safeguards as required under the Data Privacy Act of 2012 are implemented, we do not give any guarantee or warranty with respect to the same. You hereby acknowledge that you provide your Personal Information at your own risk.
RESTRICTIONS ON USE
You agree to abide by all applicable terms and conditions, laws and regulations in your use of the Site, its products and services. In addition, you agree that you will not do any of the following:
a. register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
b. post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else's rights or is protected by any copyright or trademark, or otherwise violates the law;
c. post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type;
d. post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
e. use the information or content on the Site to send unwanted messages to any other user;
f. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
g. post or otherwise make publicly available on the Site any personal or financial information of any third party;
h. solicit passwords or personally identify information for commercial or unlawful purposes;
i. use the Site or our products and services in any manner that could damage, disable, overburden or impair the Site;
j. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means, including the use of automated scripts; or
k. post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
With the creation of an account you agree that we may send to you electronic notices or other communication regarding this Site and you are representing that you are of legal age to receive such communications. These types of electronic communications will be sent to the email address that you provided during registration. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.
With respect to any Marketing Communication, all product materials are not intended to imply that JUUL Products have been evaluated by the Food and Drug Administration. JUUL Products are not intended to diagnose, treat, cure, or prevent any disease.
NO WARRANTY; ERRORS
THE PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, BFY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER RELATED TO THE USE OF THIS SITE OR PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, AVAILABILITY, PAYMENT OR REALIZATION OF TRANSACTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BFY OR THROUGH ANY BFY PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BFY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT THE PRODUCTS AND SERVICES, AND THIS SITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS, INCLUDING PRODUCT OR DEVICE LEAKING; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS OR SERVICES, OR THIS SITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT GUARANTEE AND PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND ITS PRODUCTS AND SERVICES.
WE SHALL NOT BE RESPONSIBLE FOR WHAT USERS POST ON THE SITE OR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT UPLOADED BY OTHER USERS ON THE SITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ITS PRODUCTS OR SERVICES.
BFY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BFY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by BFY. We advise consumers to be cautious when purchasing JUUL products from unauthorized resellers as the quality, reliability and safety of these products are uncertain and, in some cases, may expose the user to serious dangers not encountered with genuine JUUL products.
Any product purchased outside of BFY runs the risk of being counterfeit and is not guaranteed under our warranty, incorporated into these Terms of Service by reference. BFY shall have no responsibility or liability for any products purchased outside of this Site and/or authorized retailers.
BFY will not assist with resolving issues pertaining to the purchase of counterfeit products nor will BFY provide refunds for such purchases.
We may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms of Service.
Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to us or any third party.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BFY, ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
BFY, ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, OR ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR LOSS OR DAMAGE OF ANY KIND WHICH YOU MAY SUFFER AS A RESULT OF BEING A MEMBER OF THE SITE, EXCEPT WHERE SUCH LOSS OR DAMAGE ARISES FROM OUR BREACH OF THESE TERMS OF SERVICE OR WAS CAUSED BY GROSS NEGLIGENCE, WILLFUL DEFAULT OR FRAUD BY BFY OR ITS EMPLOYEES. WE SHALL ALSO NOT BE RESPONSIBLE FOR ANY BREACH OF THESE TERMS OF SERVICE ARISING FROM CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL.
LIABILITY FOR BREACH
You shall be liable for any loss or damage suffered by us and/or its users as a result of:
a. your breach of these Terms of Service or any agreement you have entered into pursuant to the Site’s services;
b. your fraudulent use of the Site; and
c. your provision of inaccurate, false or fraudulent data.
INTELLECTUAL PROPERTY RIGHTS
The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to BFY, subject to copyright and other intellectual property rights under the laws of the Philippines, foreign laws and international conventions. This Site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. You may not use, copy, or distribute of any of the Marks found on the Site unless otherwise expressly permitted.
CHANGES TO TERMS OF SERVICE
We reserve the right to make changes to these Terms of Service (“Updated Terms”) at any time. Unless the changes in the Terms of Service are for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective by posting the Updated Terms on the Site.
Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
In the event that any provision of these Terms of Service is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms of Service shall not be affected.
You agree that all documents or notices may be delivered to you electronically, through your e-mail address provided upon registration. Accordingly, you recognize and acknowledge that it is your sole responsibility to update us with your current e-mail address. We shall not be liable for any claim of loss or damage for failure to receive notices.
Subject to applicable law, all disclaimers, indemnities and exclusions in these Terms of Service shall survive termination of this agreement.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
These Terms of Service are governed by and construed in accordance with Philippine law. All matters, claims or disputes arising out of or in connection with these Terms of Service, shall be submit to the exclusive jurisdiction of the courts of Pasig City.
Better For You Corporation
Address: 40th Floor Robinsons Equitable Tower, ADB Ave. corner Poveda Road, Ortigas Center, Pasig City, 1605 Metro Manila, Philippines
Support Hotline Number: +63 25169800