Terms and Conditions
Welcome to effortlessliving.ph
Effortless Living is an online platform that offers and provides authentic yoga for beginners and answers every individual’s question about the mystery of life. We can be reached via e-mail at [email protected]
1. effortlessliving.ph: Effortless Living
1.2 Guidelines to the use of Effortless Living: You consent to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the access to effortlessliving.ph and/or use of the Services, as well as any amendments to the aforesaid, issued by us, periodically. We reserve the right to review and revise these guidelines, notices, standard operating rules and procedures, policies, guidelines, and similar instructions at any time and you are deemed to be aware of and bound by any changes/modifications/alterations to the foregoing upon their posting on Effortless Living.
1.3 We reserve the right to upgrade, modify, discontinue or suspend the provision of or eliminate, whether in part or in whole these Terms at any time without notifying you by posting changes/modifications/alterations on Effortless Living. You are responsible for regularly checking information published on Effortless Living to obtain timely notification/s of such changes. Your continued use of Effortless Living after changes shall have been posted constitutes your acceptance of the amended Terms.
1.4 In order for you to use the Effortless Living, you must be of legal age.
1.5 Restricted activities: You consent NOT to:
• (a) impersonate any person or entity or to wrongly state or otherwise fake your affiliation with any person or entity;
• (b) use effortlessliving.ph or Services or unlawful purposes;
• (c) attempt to gain prohibited access to the effortlessliving.ph or otherwise obstruct or disrupt other computer systems or networks connected to effortlessliving.ph or Services;
• (d) post, promote or transmit through Effortless Living or Services any Prohibited Materials;
• (e) interfere with another’s operation and utilization of Effortless Living or Services;
• (f) upload or use, in any way, any material or software that contains or involves your use, delivery or transmission of any viruses, or other destructive, malicious, or corrupting code, agent, program or macros, unsolicited emails, trojan horses, trap doors, back doors, worms, easter eggs, cancelbots, time bombs, or computer programming routines that are intended to damage, surreptitiously intercept, detrimentally interfere with, or expropriate any data, system, or personal information or may impair, tamper or corrupt Effortless Living’s data or damage or interfere with the processes/operations of another customer’s computer, hardware or mobile device or Effortless Living or Services; and
• (g) use Effortless Living or Services other than in conformance with the prescribed/acceptable and standard policies of any connected computer networks, any valid/applicable Internet standards and any other valid/applicable laws.
1.6 Right, but not obligation, to monitor content: Effortless Living reserves the right, but shall not be liable and obliged to:
• (a) Monitor, screen, filter, or otherwise control any activity, content or material on Effortless Living and/or through the Services. Effortless Living operators may in their sole and absolute discretion, probe any attempt to harm or violate the terms and conditions contained herein and may take any legitimate action it deems lawful and appropriate;
• (b) prevent or restrict access of any Customer to Effortless Living and/or the Services;
• (c) report any activity it suspects to be in violation of any applicable law, regulation, or statute to the suitable authorities and to cooperate with such authorities/legal entities; and/or
• (d) to request any data and information from you in connection with your access of Effortless Living and/or use of the Services at any time and to apply our right under this paragraph if you so refuses to divulge such information and/or data or if you provide or if we have reasonable or legal grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
1.7 You hereby grant to us an irrevocable, royalty-free, assignable, worldwide, sublicensable license/permit to utilize any information or material submitted to us or Effortless Living for the purpose of use on Effortless Living or for general marketing (by any manner and in any medium) of our services. You agree that you waive your moral rights to be identified as the author/contributor and we may edit your submission.
1.8 Commentary and other materials posted on Effortless Living are not for purpose of recommendation on which reliance should be placed. We therefore disclaim all liability and responsibility that may arise from any reliance placed on such data/information or materials by any visitor to Effortless Living, or by anyone who may be has knowledge of any of its contents.
1.9 You agree to comply at all times with any instructions for use of Effortless Living which we make on a recurring basis.
2. GUIDELINES ON REGISTRATION FOR Effortless Living SERVICE
2.2 As soon as you have registered with Effortless Living, you will be asked to create a username for, and assign a password to your Account. Make sure to keep your password confidential and immediately notify us if any unauthorized third party/entity becomes aware of that password or if there is any breach of security such as the unauthorized use of your email address or your Effortless Living Account. You agree that any person to whom your user name or password is disclosed is given the authority to act as your agent/representative for the purposes of using (and/or transacting via) your Effortless Living Account. Know that you are wholly responsible if you do not maintain the confidentiality of your password.
2.3 Your registration requires a valid and active personal email address that you access regularly, so that, among other things, regular Effortless Living administration notifications via email can be sent to you. Note that any other Effortless Living Accounts which may have been registered with another person’s email address or with temporary email addresses may be voided without notice. If for some reason we suspect of any irregularities, we will require you to validate Accounts at registration or if we suspect that you have been accessing Effortless Living through an invalid email address.
2.4 When you sign up, and whenever you log on to your Effortless Living Account thereafter, you may opt to sign up to receiving, and to opt out of receiving, information emails (such as newsletters, information on deals, recommendations, offers, etc). You may opt to unsubscribe from such information emails at any time. Instructions to this are likewise provided to you.
2.5 Although we save the information relating to any order that you submit to Effortless Living to purchase one of the products listed on Effortless Living, we, for security reasons, inhibits you to directly get this information. You may access and view this information by logging in to your Effortless Living Account. You can view information relating to your completed, open or recently forwarded/delivered orders -- which you can also track.
3. USE OF SERVICES
3.2 Restrictions: Use of the Effortless Living services is limited to registered Customers that are of legal age and possesses the legal capacity to transact and form contracts under any applicable law. Customers who will be found out to have breached of the terms and conditions contained herein Effortless Living and Customers who have been temporarily or permanently suspended from use of any of the Effortless Living Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
• (a) Access effortlessliving.ph and/or use the Services in a lawful manner and only for legitimate purposes at all times. You further consent to conduct any activity relating to Effortless Living Services in good faith; and
• (b) to ensure that any information or data you forward to us or post or cause to appear on Effortless Living in connection with the Services is accurate and consent to take sole responsibility for such information and data.
3.4 Prices of Products: Unless otherwise stated, all prices are subject to taxes. We reserve the right to amend the Listing Prices at any time without giving any explanation or prior notice.
3.5 Product description: While we make every effort to provide an exact description of the listed Products, we do not guarantee that such description is complete, current or free from error.
3.6 Third Party/entity Vendors/Sellers: You acknowledge that parties other than Effortless Living (i.e. Third Party/entity Vendors/Sellers) list and sell Products on Effortless Living. Whether a particular Product is listed for sale on effortlessliving.ph by Effortless Living or a Third Party/entity Vendor/Seller may be stated on the webpage listing that Product. For the avoidance of doubt, each consentment entered into for the sale of a Third Party/entity Vendor’s/Seller’s Products to a Customer shall be a consentment entered into directly and only between the Third Party/entity Vendor/Seller and the Customer.
4. ORDERING AND PAYMENT
4.1 Before you place an Order, you are required to register in accordance to guidelines stipulated Clause 2.
4.3 Once you selected a Product and ready to place your Order, you will then be shown the breakdown of charges that you must pay -- which may include the prescribed Value Added Tax (VAT), and any added and/or applicable delivery charges. All amounts are stated in Philippine Pesos unless otherwise stipulated.
4.4 You shall pay for the Product (your Order) in full at the time of ordering by providing to us your debit or credit card details from a debit or credit card company acceptable to us or by PayPal which we require in order to process and complete your Order. Alternatively, you may pay by any method that we will advise as acceptable to us. However, know that, for any reason, we shall not be bound to supply before we have received cleared funds in full. Our Payment Service Provider will be in charge to receive and process your credit card payments. Depending on the findings of a credit check, we reserve the right not to proceed with offering you certain forms of payment and inhibit referring you to our other forms of payment.
4.5 In the event that you’ll be asked for details of a payment card, you attest that you are fully entitled to use that account/card. The account or card must have funds sufficient to cover the calculated payment to us.
4.6 You undertake that all payment details you provide to us for the purpose of ordering/purchasing the Product from Effortless Living will be correct, that the debit or credit card, or account or other payment channel which you use is your own and that there are sufficient funds or credit facilities to cover the total cost of the Product. We likewise reserve the right to obtain validation of your payment details before providing you with the Product.
4.7 Until we have accepted your Order, we shall not be obliged to sell and deliver the Product to you. Unless expressly stating that we accept, process and complete your order, a letter, email, fax or other Acknowledgement of your Order by us is purely for purpose of information and does not signify the Confirmation of Order.
Acceptance shall take place when we expressly accept your Order by means of an official notification via email to you, in the form of an official Effortless Living document, the "Confirmation of Order," where it will be stated that we are accepting your Order. In that same official notification, we may indicate the Order reference number and details of the Product you have ordered/purchased. We may in our discretion decline to accept an Order from you for any reason, including unavailability of supplies or we may recommend you an alternative Product/merchandise (if this happens, we may require you to re-submit your Order first).
4.8 If for any reason you have made a mistake with your Order after you have submitted it to Effortless Living’s checkout cart, please contact Customer Service at [email protected] immediately. However, we cannot guarantee that we will be able to amend your Order relative to your instructions.
4.9 We will make all efforts to ensure that the price given to you is accurate, but, as part of our acceptance procedure, we will have to validate the price of your Order. In the event that the price for the Order has since changed before we have accepted your Order, we will contact you and ask you to confirm that you consent to proceed with your Order at the amended price.
4.10 Effortless Living will undertake to deliver only those Products whose delivery/shipment we have confirmed in the Confirmation of Order. It is not our obligation to supply you with any other Products that may have been included in your Order until we have sent another Confirmation of Order in relation to those Products.
5. YOUR SUBMISSIONS AND INFORMATION
5.1 Submissions by you: You grant us a non-exclusive licence to utilize the information or materials that you submit to effortlessliving.ph and/or provide to us, which may include but not limited to, questions, comments, clarifications, reviews, and suggestions (collectively, “Submission/s”). When you post Submissions to effortlessliving.ph, you also grant us the right to use the name that you submit or your Username in connection with Submission. You shall not use a false e-mail address, make some false representations, or otherwise provide wrong information us or third parties/entities as to the origin of any Submissions. We may, but shall not be obligated to, publish, share, remove, reproduce, or edit your Submissions.
5.2 Consent to receive e-mails: You give your full, free, and unequivocal authority and consent to the storage, processing and use by us of any information provided by you (including Personal Information) for the purposes of distributing informational, marketing, and promotional e-mails and or newsletters, and any and all notifications, updates, and other helpful information to you. Your consentment to the provisions of this Clause 4.2 shall constitute your agreement for the purpose of the requirements of any spam control laws (whether in Philippines or elsewhere). Know that you may subsequently click “unsubscribe” to express that you opt out of receiving informational, marketing, and promotional e-mails.
5.3 Government agencies or independent entities may, periodically, require Effortless Living to disclose certain information in connection with any investigation or audit, however, you are informed that we are not required to contest any demand made by an (government) authority for such information.
We may attach banners, java applets and/or such other materials to Effortless Living for the purposes of promoting our or our Third Party/entity Vendors’/Sellers’ products and/or services. For the avoidance of doubt, know that you shall not be entitled to receive any form of payment, commission and/or other charges in respect of any such promotional materials.
8. PROMOTIONAL VOUCHERS, GIFT VOUCHERS, STORE SHOPPING CREDIT PROMO
8.1 Promotional vouchers, in the forms of codes, may be issued by Effortless Living on seasonal basis. Gift vouchers are treated like gift certificates which may be acquired from Effortless Living. Store credits are issued in exchange for returned items.
8.2 Store credits and vouchers maybe used as payments for items purchased on Effortless Living.
8.3 We may email promotional and gift vouchers to you; subject to clause 2.2 however, any inaccuracy in the email address of the voucher recipient is not our liability.
8.4 We assume no liability for the theft, loss, or ineligibility of promotional of gift vouchers.
8.5 In the event of fraud, an attempt at deception or in the event of the suspicion of other unlawful activities in connection with a purchase or redemption of that voucher on Effortless Living, we are entitled to suspend your Account and/or require a different mode of payment.
8.6 Conditions for the redemption of promotional or gift vouchers
a) Promotional vouchers can only be redeemed once and are valid for the specified period stated on them only. They cannot be endorsed in conjunction with other promotional vouchers. Effortless Living may inhibit individual brands from certain voucher promotions and the like;
b) If you place an Order for a Product less than the value of the promotional voucher, no residual credit or refund will be returned to you;
c) The credit of a promotional voucher does not accrue interest; It also does it have a cash value; d) If the credit from your voucher is insufficient for the Order you wish to make, you may settle the balance (difference) through payment.
9. LIMITATION OF LIABILITY
9.1 This portion prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies.
9.2 We shall not have any liability (whether in contract, negligence, tort, restitution, misrepresentation, or under any legal head of liability) in relation to your use or inability to use or delay in use of Effortless Living or any material in it or accessible from it or from any action or decision taken as a result of using Effortless Living or any such material for any:
(a) indirect or consequential damages, losses, expenses, or costs; (b) loss of anticipated or actual profits; (c) loss of contracts; (d) loss of anticipated savings; (e) loss of use of money; (f) loss of goodwill; (f) loss of revenue; (Effortless Living) loss of reputation; (i) loss of operation time; (j) loss of business; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such damages or losses were deemed reasonably anticipated or we had been advised of the possibility of you incurring such damages or losses. For the avoidance of doubt, (b) to (l) implement whether such losses are direct, indirect, consequential or otherwise.
10. FORCE MAJEURE
We shall not be liable to you for any delay, hindrance or breach, in the delivery of a Contract or transaction attributable to any cause that is beyond our reasonable control, including without limitation any unavoidable incident and natural disaster, actions of third parties (such as without limitation to hackers, suppliers, governments, supra-national or local authorities, or quasi-governmental), riot, insurrection, civil commotion, war, hostilities, warlike operations, terrorism, national emergencies, arrests, piracy, detainments, or restraints of any competent authority, strikes or lock-out of workmen, fire, explosion, epidemic, storm, drought, flood, severe weather disturbance, natural disaster, earthquake, major accident, mechanical breakdown, third party/entity software, problems or failure with public utility supplies and equipment (including telecoms, electrical, or Internet failure), shortage of or inability to obtain supplies, materials, transportation, equipment or other logistical support despite the consequences of whether said Event of Force Majeure could have been anticipated.
11.1 Contracts for the supply of products formed through Effortless Living or as a result of visits made by you are governed by these Terms.
11.2 No delay or failure by us in implementing/executing any right under these Terms and Condition shall function as a waiver of such right or extend to or affect subsequent or any other event or hamper any rights or remedies in respect of it or in any way change or devalue our rights under these Terms
11.3 If any clause in these Terms shall become void or unenforceable or declared by any Philippine court of competent jurisdiction to be such, such unenforceability or invalidity shall in no way affect any other clause or portion of any clause herein, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be deemed capable of continuing in effect without the unenforceable term.
11.4 Nothing in these Terms and Conditions shall create or be deemed to create an affiliation, a partnership, an organization or an employer-employee relationship between you and Effortless Living operators.
11.5 No person who is not a party/entity to these Terms shall obtain any rights under it or be entitled to benefit or profit from any of its terms even if said person has relied on any such term or has signified to any party/entity to these Terms its assent to any such term.
11.6 These Terms (and all non-contractual obligations arising out of or connected to them) will be governed and construed in accordance with Philippine laws. Both Effortless Living operators and you hereby agree to the non-exclusive jurisdiction of the Philippines Courts.
11.7 We reserve the right to amend these Terms and Conditions at any time. We will post all amendments to the Terms and Conditions online. Your continued use of the Effortless Living platform and its services will be deemed to constitute acceptance of the new/updated Terms.
12. AVAILABILITY OF Effortless Living, SECURITY AND ACCURACY
12.1 While we make efforts to have Effortless Living available 24 hours a day, its operators cannot be held liable if, for any circumstance Effortless Living goes offline and inaccessible. Due to the nature of the Internet, we make no guarantee that your access to Effortless Living will be on spot timely, constant, or error-free. Additionally, Effortless Living may occasionally need to perform urgent repairs, periodic maintenance or install new functions and facilities.
12.2 At any time and without notice, access to Effortless Living may be withdrawn or suspended to or from you personally or all users temporarily or permanently. We may also impose restrictions on the method and duration of usage of any part of Effortless Living for any reason. If we impose on you personally restrictions or limitations in use of Effortless Living platform, you are advised not attempt to use Effortless Living under any other name or user.
12.3 We do not warrant that Effortless Living and its functionalities will be compatible with all software and hardware that you may use. We shall not be held liable for damage to, or viruses or other code that may affect, any software, data, computer equipment, or other electronic property as a result of your access to or use of Effortless Living or your obtaining any material from, or as a result of accessing and using Effortless Living. In the same manner, we shall also not be liable for the actions of third parties.
12.4 We may change or update Effortless Living and anything described in it without notice to you.
12.5 While we make all efforts to ensure that information and materials on Effortless Living are true and correct, no representation or warranty, express or implied, is given that they are up-to-date, accurate, complete, comprehensive, or suited for a particular purpose and, to the extent allowed by law, we do not take responsibility for any omissions or errors. This shall not affect any obligation which we may have under any contract or obligations that we may have with you to provide you with services, to include any obligation that we may have under that contract to make available to you accurate information and recommendation, and which we may do through a secure part of Effortless Living available to people who use the appropriate password.
12.6 The material contained on Effortless Living is installed and provided for information and/or promotional purposes only and it shall not give rise to any contract, obligation or commitment by us. Any information on Effortless Living shall not constitute any part of an offer or contract.
13. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
13.1 The EffortlessLiving/effortlessliving.ph NAMES AND LOGOS and all associated names, design marks and taglines/slogans are the trademarks or service marks of us or our licensors or our service providers. Effortless Living is the owner of all the materials: photographs, illustrations, audio or video sequences or any graphics/artworks published on Effortless Living website. Those works are protected by copyright laws and treaties around the world. Nothing on Effortless Living shall be interpreted as granting, by estoppel, implication, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other Effortless Living) any Trademarks displayed on Effortless Living, without our written permission or any other applicable trademark owner.
13.2 You must not use any part of the materials on Effortless Living for commercial purposes without obtaining a permission or license to do so from us or from our licensors and third party partners. All such rights, reserved, may not be used or publicly shared without our expressed approval in writing. Effortless Living operators reserve the right to enforce our Intellectual Property rights to the fullest extent of the law.
14. THIRD PARTY/ENTITY Effortless Living
14.1 You must not, without our permission, frame any of EffortlessLiving onto your own or another person’s Effortless Living.
14.2 We have no control over and take no responsibility for the design/content/services of any other website to which a link from Effortless Living exists (unless we are credited as the provider of such linked websites). Such linked websites are provided “as is” for your use only with no warranty, implied or expressed, for the information provided within them. We do not provide any recommendation or endorsement of any third party/entity Effortless Living to which Effortless Living provides a link.
15. PHILIPPINES LAW AND JURISDICTION
These Terms and your use of Effortless Living (and all non-contractual relationships connected to or arising out of it or them) shall be governed by and interpreted in accordance with Philippines law. Effortless Living visitors submit to the exclusive jurisdiction of the Philippines courts to resolve any dispute that may arise under these Terms.