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Terms of Use

This website and its mobile applications ("website") is owned, maintained and operated by Birch Registries, Inc. (hereafter, "Birch"). The participation by various vendors offering goods and services through this website are only allowed by Birch and does not mean that they are partners or in joint venture with the latter. These terms of use ("terms of use"), located at www.birch.com.ph/terms, apply to your use of this website and any account you may establish on the website. The use and continuous use of our website is herein impliedly creates a legal presumption that you have read and accepted the terms of use. Birch reserves the right to revise, amend or supplement any provision of this terms of use and notice may be posted in this website.

YOUR INFORMATION AND WEBSITE CONTENT


By providing us your information through this website and our mobile application, you hereby represent that all of the information, data and other materials are true, accurate, current and complete and you have all the legal right to provide the same. You are responsible for updating and correcting the information you have provided, as may deem necessary. some features that may be available on this website require registration.

All contents on this website (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) ("content") is the exclusive property of Birch and its licensors and partners and is protected by copyright, trademark and other applicable laws. No one may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our content in any way for any purpose, including using our content on any other website without the expressed consent or authority of Birch. However, you may print pages from this website for personal, non-commercial use, provided that you include a copyright notice on each page.

PRIVACY POLICY


Likewise, the use or continued use of this website or any of its features is by implication creates a legal presumption that you have accepted the privacy policy provided in www.birch.com.ph/privacy. Birch reserves the right to revise, amend or supplement any provision of the privacy policy and notice may be posted in this website.

USE OF WEBSITE


Birch hereby grants to you a limited license to access and make personal use of this website. Birch and its licensors and content providers retain full and complete legal title to the content of this website, including all associated intellectual property rights, and said limited license may be revoked at any time by Birch at its sole discretion without notice. Birch strictly prohibits any use of the content available in this website, including, but not limited to: (i) any downloading, copying or other use of the content or the website that is in any way in competition with Birch or for the benefit of another vendor or any third party; (ii) any caching, unauthorized linking to the website or the framing of any content available on the website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from this website that you do not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of 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; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from this website (including, but not limited to the use of any "scraping" or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in Birch's sole discretion) an unreasonable or disproportionately large load on Birch's infrastructure, or damage or interfere with the proper working of our infrastructure.

By accessing this website, you are hereby solely responsible in obtaining the same and that may involve third-party fees, such as internet service provider. in addition, you must provide and are responsible for all hardware necessary to access the website. You are prohibited to bypass any measures that have been implemented to prevent or restrict access to this website. Any unauthorized access to the website by you, including any such access or use that involves in any way an account you may establish on the website or any device you may use to access the website, shall terminate the permission or license granted to you by Birch.

Birch reserves the right to refuse or cancel any registration for this website, remove any person from the website and prohibit any person from using the website for any reason whatsoever, and to limit or terminate your access to or use of the website at any time without notice. Birch neither warrants nor represents that your use of the content available on this website will not infringe rights of third parties not affiliated with Birch. Termination of your access or use will not waive or affect any other right or relief to which Birch is entitled, at law or in equity.

REGISTRATION


Registration requires you to (1) acceptance to the terms of use and Birch Registry Policies and Guidelines, (2) provide contact information and identification in details, accurately and truthfully; and (3) submit any other form of authentication required as part of the registration process, that Birch may deem necessary. You agree to accept responsibility for all actions that you may apply under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You will notify Birch immediately of any unauthorized use of your Birch account or the website known to you, whether by you or a third party.

You may cancel your Birch account at any time by contacting Birch customer support. However, Birch may terminate your account and refuse any and all current or future use of the website or other services, or any portion thereof, (i) in order to comply with applicable law, (ii) if you provide any information found to be untrue, inaccurate, not current or incomplete or if the information becomes untrue, inaccurate, not current or incomplete, (iii) if you are using your Birch account in a manner not permitted by these terms of use, or (4) if in other circumstances, as Birch deems appropriate in its sole discretion.

PURCHASES


If you purchase a gift at Birch for a registered event, you are purchasing a store credit in the amount of the purchase price of the item selected plus any applicable taxes, handling and shipping charges. The gift recipient uses that store credit to purchase the item you selected from Birch at the date the recipient designated the shipment of the item. Birch will honor the store credit for the item you have selected as payment in full no matter the price of the item at the time of shipping. The registered event will not be charged more for than the item if the price has increased.

The registered event may elect to retain your gift as store credit in the amount you paid. They may use that store credit to purchase other items, products or services at Birch. Unredeemed store credit may be escheated in accordance with applicable laws, rules and regulations.
Birch store credit never expires and can be used for any products or services that Birch offers. Birch store credit cannot be redeemed for cash or be applied towards items purchased from partner stores, cash gifts or or other funds created in the website. In addition, store credit cannot be retroactively applied to past orders.

At any time, Birch may make available promotional codes or coupons for marketing, goodwill, referrals or other promotional purposes. These codes or coupons expire on the dates disclosed at the time the code or coupon is issued.
Birch may, in its sole discretion, not process or cancel your order in certain circumstances. The circumstances may include such as if the product or service you wish to purchase is out of stock or it has been mispriced, we determine that the request is fraudulent, or in other circumstances Birch deems appropriate in its sole discretion. Birch also reserves the right to take steps to verify your identity to process your order. Birch will either not charge you or refund the charges for orders that we do not process or cancel for reasons stated herein.
Birch accepts returns on certain merchandise on a case-by-case basis. For Birch's return policy, which may change from time to time, please see www.birch.com.ph/returns.

In case of group gifting, you can choose to retain and convert the aggregate amount to store credit and may be used to purchase for any item, products or services that Birch may post and offer for sale in the website. In addition, the group gift under this paragraph cannot and will never be converted and withdrawn as cash.

Birch exerts all its best efforts to provide accurate descriptions of products and services on the website. Thus, Birch does not warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the website is different from its description, your sole remedy is to return the item, as specified in these terms of use.
Birch endeavors to provide accurate pricing information regarding the products and services available on the website. Birch does not, however, warrant against pricing errors. Birch reserves the right, at its sole discretion, not to process or cancel any orders placed for a product or service whose price was incorrectly posted on the website as a result of an error. When this happen, Birch will notify you by email. In addition, Birch reserves the right, at its sole discretion, to correct any error in the stated full retail price.

YOUR SUBMISSIONS


Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these terms of use and our privacy policy.

By submitting and/or posting content to the website, you automatically grant to Birch a royalty-free, perpetual, irrevocable, non-exclusive and with full right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any content you transmit or post may be used by or licensed to others by Birch for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

As a user, you are responsible for your own content and are responsible for the consequences of your posting such content. You acknowledge that you are responsible for any content you may submit through the website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this website any content that: (i) is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) is obscene, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (iii) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable Philippine laws; (iv) may contain software viruses or malware; (v) is an advertisement, solicitation, promotional material, "junk mail," "spam," chain letters, pyramid schemes or any form of commercial content; (vi) impersonates another person or misrepresents your affiliation with any person or organization; (vii) contains personal information (such as phone numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; (viii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; or (ix) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. Furthermore, you will not access the website to obtain a list of users of the website or access or use any secure or non-public areas of the website without authorization or frame or link to the website. Birch does not represent or guarantee the truthfulness, accuracy, or reliability of any content posted by other users or endorse any opinions expressed by users. You shall not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You acknowledge that any reliance on material posted by other users will be at your own risk. Birch does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Birch reserves the right to remove content, expel users and prevent their further access to the website for violating these terms of use or the laws, rules and regulations.

DISCLAIMER


Except as otherwise expressly provided in these terms of use, or required by applicable law, Birch makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any information, data, or data processing services relating to your use of this site, including, without limitation, merchantability, suitability, fitness for a particular use or purpose, or non-infringement as well as warranties implied from a course of performance or course of dealing.

Your Use of This Website is at your sole risk. The website is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. Birch disclaims any warranties that access to the website will be uninterrupted or error-free; that the website will be secure; that the website or the server that makes the website available will be virus-free; or that information on the website will be correct, accurate, adequate, useful, timely, and reliable or otherwise complete. If you download any content from this website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the website shall create any warranty of any kind.

LIMITATION OF LIABILITY


The third party providers whose products and services are available on the website are independent contractors and not partners, agents or employees of Birch. Birch is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting from the products or services they provide.

You acknowledge and agree that you assume full responsibility for your use of the website and/or for use of your Birch account, communications with third parties, and purchase and use of the products and services available through the website. You acknowledge and agree that any information you send or receive, and/or use of the website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Birch nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this website, or any other website or resource you access through a link from this website; (2) any action we take or fail to take as a result of communications you send to us; (3) your Birch account or any termination or cancellation of your account; (4) any delay or inability to use the website or any information, products or services advertised in or obtained through the website; (5) the modification, removal or deletion of any content submitted or posted on the website; or (6) any use of the website, whether based on contract, tort, strict liability or otherwise, even if Birch, its licensors, suppliers or third party content providers, have been advised of the possibility of damages. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked website or resource. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Birch nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the website. your remedy for any of the above claims or any dispute with Birch is to discontinue your use of the site. You and Birch agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Birch's maximum aggregate liability under this agreement shall be p5, 000.00.

LINKS


Birch has not reviewed all of the websites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked herein. the inclusion of any link to such sites does not imply endorsement by Birch of these websites. You're linking to any other pages or websites is at your own risk. You agree that Birch will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms and privacy statements of all such websites, as their policies may be materially different from ours.

COMMUNICATION


When you use the website or send emails to Birch, you are communicating with Birch electronically. You consent to receive electronically any communications related to your use of this website. Birch will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Birch intended for receipt shall be deemed delivered and effective when sent to the email address you provide on the website.

TERMINATION


You agree that Birch may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these terms of use, violated the rights of Birch or any third party, or for any reason with or without notice to you. You agree that Birch may modify or discontinue this website, with or without notice to you. You agree that Birch will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these terms of use, or any general legal principles to the contrary, any provision of these terms of use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these terms of use.

INDEMNIFICATION


You agree to defend, indemnify and hold harmless Birch, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) ("claims") asserted by a third party against Birch that arise from: (i) your improper use of or access to the website; (ii) your violation of any term of these terms of use; (iii) your violation of any third party's right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these terms of use and your use of the website. This obligation to indemnify Birch does not include and claims asserted by a third party that arise from any negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct committed by Birch. Philippine residents are not required to indemnify Birch for any claims arising from Birch's negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct.

TRADEMARKS


The trademarks, logos, and service marks (collectively the "trademarks") displayed on this website are registered and unregistered trademarks of Birch and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Birch or such third party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.

COPYRIGHT


All content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Birch or its content suppliers and protected by philippine and international copyright laws, whenever applicable. The overall compilation of all content on this website is the exclusive property of Birch and protected by philippine and international copyright laws, whenever applicable. All software used on this website is the property of Birch or its software suppliers and protected by philippine and international copyright laws, whenever applicable. The unauthorized reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.

NOTIFICATION OF COPYRIGHT INFRINGEMENTS


Birch respects the intellectual property rights of others. Accordingly, if you are a copyright owner or an agent thereof and believe that any user content or other content infringes upon your copyrights, you may submit a notification to Birch in writing with the following details: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Birch to locate the material; (iv) information reasonably sufficient to permit Birch to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide Birch with a separate notice each time you wish to report alleged acts of infringement.

PASSWORD


You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Birch immediately. Birch may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this website, have been made by you unless we receive notice indicating otherwise.

FORCE MAJEURE


Birch shall be excused from performance under these terms of use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) calamities, typhoons or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of Birch. In the event that Birch is temporarily unable to ship to you a purchased item because of such an event, Birch will give you the option of deferring shipment or receiving a refund of your charges.

GENERAL PROVISIONS


These terms of use constitute the entire agreement and understanding between you and Birch with respect to your use of the website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may be subject to additional terms and conditions that are applicable to certain parts of the website. If any portion of these terms of use are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. These terms of use will be governed by and construed in accordance with the Philippine laws, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our content will be instituted in metro manila, and you hereby agree to submit to the personal jurisdiction of such courts. The failure of Birch to act with respect to a breach of these terms of use by you or others does not waive Birch's right to act with respect to subsequent or similar breaches. Birch does not guarantee it will take action against all breaches of these terms of use. Except as otherwise expressly provided in these terms of use, there shall be no third-party beneficiaries to these terms of use. You may not assign these terms of use by operation of law or otherwise without the prior written consent of Birch, which may be withheld at Birch's sole discretion. Any attempted assignment that does not comply with these terms of use shall be null and void. Birch may assign these terms of use, in whole or in part, to any third party in its sole discretion.

CONTACT INFORMATION


If you have any notification, questions or comments about these terms of use, please contact us by email at [email protected] and you may also write us at:

Birch Registries, inc.
Unit 214-215, 2/f Commercenter Alabang
Commerce Avenue Cor. East Asia Drive,
Filinvest Corporate City, Muntinlupa
Metro Manila, Philippines