These Terms and Conditions (“Terms and Conditions”) apply to your access to and use of the realbahay.com or realbahay.ph website, RealBahay mobile application (“Mobile Application”), and other online products, services, email newsletters, subscriptions, programs, or digital properties (collectively, our “Online Services”) provided by RealBahay Servicing LLC and its affiliates, including but not limited to RealBahay IP Holder LLC, and RealBahay Franchising LLC (collectively, “RealBahay,” “us,” “we,” or “our”). These terms do not apply to any third-party sites not owned and operated by RealBahay, including certain franchisee sites, which may have their own terms and conditions that govern their services. You visit such third-party sites at your own risk. RealBahay has no responsibility for the content, policies or actions of any third-party sites and does not sponsor, endorse, affiliate or associate with any materials displayed on or accessible through such third-party sites. By installing, accessing or using the Online Services, you are entering into a binding agreement with us. Your use of the Online Services constitutes your acknowledgement that you have the legal authority to bind yourself and constitutes your acceptance of this Terms and Conditions. You acknowledge that you have read and agree to be bound by this Terms and Conditions and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Online Services. If you do not agree to these Terms and Conditions, please do not use our Online Services or order, receive, or use products made available through the Online Services (collectively, the “Products”).

RealBahay may, at any time, revise or modify these Terms and Conditions or impose new conditions for use of the Online Services. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on our website or by email. Any use of the Online Services by you after such notice shall constitute your acceptance of such changes, revisions, or modifications. It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes or replacements.

Please read these Terms and Conditions carefully to ensure that you understand each provision. You must read and agree to these Terms and Conditions before using any Online Services. If you do not agree, you may not use the Online Services. Your use of any Online Service constitutes your agreement to these Terms and Conditions.

Privacy Policy

Please review our Privacy Policy located at Privacy Policy, incorporated into these Terms and Conditions, which explains and governs (i) what personal information we collect in connection with our Online Services, (ii) the purposes of our collection of that information, (iii) how the information you provide to RealBahay is collected and may be used, and (iv) your privacy rights with respect to personal information we collect about you. You understand that by using the Online Services, you give consent to the collection, use and disclosure of your personally identifiable information in accordance with our Privacy Policy. To learn more about how to exercise any privacy rights which may apply, please visit our Privacy Policy for further details.

Registration

By registering and/or participating in the Online Services, you agree and represent as follows:

1. You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
2. If you are between the ages of 13 and 18, you may only use the Online Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. The Online Services are not targeted towards, nor intended for use by, anyone under the age of 13.
3. All information you submit to us or in connection with the Online Services is accurate and complete and you will maintain and promptly update any profile supplied to us to ensure accuracy at all times.
4. Depending on your opt-in and opt-out selections and email preferences, you may be contacted via Email, SMS and/or text messaging by us, including push notifications, and by third parties if relevant, regarding our Online Services in any respect, including with respect to marketing and sales materials. You understand and consent that in the event you opt-in to receive text messages, you may receive text messages at the number you have supplied from an automated system. Message and data rates may apply. Your consent to these terms is not required to make a purchase. You may opt out, withdraw or change your consent at any time.
5. You may be able to purchase Products through the Online Services. To do so, you may need to give us certain information relevant to your purchase, including, without limitation, your credit or debit card number, your billing address or zip code, the expiration date of your credit or debit card, the name on the credit or debit card as your location information.

Restrictions on Use of Materials

You may print copies of the information on the website for your own personal use and store the files on your computer for personal use. You acknowledge that RealBahay exclusively owns the copyrights on all text and graphics and is the owner of all trademarks used on or in connection with the Online Services. This means that you may not distribute text or graphics to others without the express written consent of RealBahay. In addition, you may not, without our permission, copy or distribute this information, use our trademarks, or modify or reuse our text or graphics. RealBahay reserves all rights not expressly granted in these Terms & Conditions.

User Information, Accounts, Passwords, and Security

Certain areas of the Online Services may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Online Services or any features at all.

If the Online Services require you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address, valid phone number and choose a password. You may also be prompted to grant us access to your location. While sharing location information with us is not required to download and use the Online Services, some features of the Online Services may not be available without sharing such information. It is entirely your responsibility to maintain the security and confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Online Services. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

RealBahay Promotional Terms & Conditions

Outside of the Philippines

Unless otherwise specified, the Online Services are presented solely in the Philippines, its territories, possessions and protectorates. RealBahay makes no representation that materials in the Online Services are appropriate or available for use in other locations. You may not use these Online Services or export any portion of them in violation of the Philippines export laws and regulations. If you access the Online Services from locations other than the Philippines, you are responsible for compliance with all applicable local laws.

Submitted Content

All comments, suggestions, feedback, ideas, notes, drawings, concepts, recipes or other information disclosed or offered to RealBahay through the Online Services or in response to solicitations in the Online Services (collectively “Feedback”) shall be deemed and shall remain the property of RealBahay. By submitting any Feedback, you consent to its use by RealBahay, including, but not limited to, its publication or placement on the Online Services. You understand and acknowledge that RealBahay has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to the Feedback you may submit. You further understand and acknowledge that RealBahay will only accept Feedback under these terms.

In addition, any Feedback you submit to RealBahay is not confidential and RealBahay assumes no obligation of confidentiality with regard to your Feedback. Without limitation, RealBahay shall exclusively own all rights in and to the Feedback and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback.

Mobile Applications

In order to use Online Services made available through the Mobile App, you must have a compatible mobile device; RealBahay does not warrant that the Mobile App will be compatible with your mobile device.

If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and its subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms & Conditions against you. However, these third-party beneficiaries are not a party to these Terms & Conditions and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service. The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge and agree that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

The Mobile App and all content, information, and other materials featured, displayed, contained, and available on or through the Mobile App is owned by or licensed to RealBahay and is protected by the Philippines and international copyright, trademark, trade dress, patent, and/or other intellectual property laws. Subject to your compliance with these Terms and Conditions, RealBahay grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Mobile App for noncommercial purposes only. You may not otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Mobile App or the content available through the Mobile App. For validation purposes, in some instances you may be required to have geolocation services enabled on your device in order to complete your purchases using mobile payment services in the application.

Online and Mobile Ordering

RealBahay may offer you the ability to order online from participating locations. The following terms in this paragraph apply only to orders placed through the Online Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Online Services. You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. We use third party providers and may accept various third-party services to process payments. We do not store your credit card information, but we do store a secure token generated by the third-party payment provider for customer service purposes. The store location identified when you place your order is responsible for fulfilling your order and for responding to any questions or other communications regarding your order. Pricing may vary by RealBahay location, in RealBahay sole discretion. Discounts, coupons and other offers may not be able to be combined with ordering through the Online Services, in RealBahay sole discretion. Not every participating location may have all identified menu items available through the Online Services. The Online Services may allow you to customize your order. You may be able to, and in some circumstances, may be required to, use your Rewards account, as defined below, or be required to sign up for Rewards, in connection with certain ordering through the Online Services, in which case the Rewards terms will also apply.

Third Party Content, Products and Services (including Advertising and Promotions)

RealBahay may provide third party content on the Online Services (including embedded content) and links to web pages and content of third parties, including RealBahay branded, co-branded and/or our franchisee(s)' content and/or web pages (collectively, “Third Party Content”). We may also make our Online Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third-party sites/services govern such third-party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any Online Service does not imply RealBahay endorsement, affiliation or adoption of the Third Party Content or service, and RealBahay makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such third-party services. You acknowledge and agree that RealBahay is not responsible or liable in any manner for Third Party Content or services.

Indemnification

You agree to indemnify, defend, and hold RealBahay and its officers, directors, employees, agents, licensors, and service providers (collectively, the “RealBahay Parties”) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Online Services, Rewards, or any other RealBahay programs.

Disclaimer of Warranties

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND REALBAHAY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RealBahay DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE SERVICES, SMASHREWARDS, OR ANY OTHER REALBAHAY PROGRAM. REALBAHAY DOES NOT GUARANTEE THAT THE ONLINE CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, REALBAHAY WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

Limitation of Liability

IN NO EVENT WILL THE RealBahay PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE SERVICES, SMASHREWARDS, ANY OTHER REALBAHAY PROGRAM, OR ANY TEXT MESSAGE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK.

BY USING THE ONLINE SERVICES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE ONLINE SERVICES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS (₱3,000), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS (₱3,000), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE REALBAHAY PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH APPLICABLE LAW.

Governing Law; Arbitration

Entire Agreement

These Terms and Conditions, together with the RealBahay Privacy Policy at Privacy Policy, which are incorporated herein by reference, and any other terms and conditions that are posted on RealBahay website from time to time, constitute the sole and entire agreement between you and RealBahay with respect to the Online Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Online Services.

Questions

If you have any questions regarding the Online Services including the Website, Mobile App, Rewards and/or these cookie Policies, please contact us at maricho.alferez1205@gmail.com.

Changes To This Policy

We reserve the right, at our sole discretion, to modify or replace these Privacy Policies by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Privacy Policies.