TERMS AND CONDITIONS

BY ACCESSING OR USING THIS WEBSITE (“WEBSITE”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS” OR “TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

Cortex Technologies Corporation (“CTC”) knows that your privacy is important. Please refer to CTC’s Data Privacy Statement in the Website, which explains CTC’s policy on collection, use and disclosure practices regarding any personal information that may be provided to CTC.

CTC may, at its sole discretion, change, add, or delete portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions for changes prior to use of the Website and, in any event, your continued use of the Website following the posting of changes to these Terms and Conditions constitutes your acceptance of any changes.

1.1. The Website is an e-commerce platform which allows users to browse and purchase CTC’s partnered products from CTC.

1.2. The Website also serves as a source of information for details of CTC’s products and services. CTC products and services are limited to the ones listed on the Website.

1.3. CTC will constantly update its offerings of products and services on the Website. In case of unavailability of a product after submission of an order by a buyer, CTC shall immediately inform the buyer of the unavailability of the product and the cancellation of the order, through the most appropriate means.

1.4. CTC cannot and does not guarantee the accuracy or completeness of any information including prices, product images, specifications, availability, and services. CTC reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

2.1. If you wish to purchase any product made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address, and your shipping information.

2.2. You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CTC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CTC has the right to suspend or terminate any Purchase or transaction and refuse any and all current or future use of the Website.

2.3. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

2.4. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product availability, errors in the description or price of the product, error in your order or other reasons.

2.5. We further reserve the right to refuse or cancel your transaction if fraud or an unauthorized or illegal transaction is suspected.

3.1. The prices indicated in your order shall not be subject to any variations and, unless otherwise agreed in writing, shall include fulfilment costs (e.g., packaging, storing, taxes, etc.), as well as charges, service fees and risks, if any, related to the fulfilment of the Purchase. Once you have indicated the payment details and the transaction has proceeded as a successful sale, the Purchase will be automatically processed for order fulfilment. Shipping fee will also be presented on a separate line upon check out and will be included in the sum of your total bill.

3.2. Payments may be made through the nominated payment gateway partner of CTC. All disputes on payments should be coursed through the payment gateway partner, issuing bank (if credit card), or the channel as to where payment has been made.

4.1. You acknowledge and agree that CTC’s logistic provider, will be utilized in order to fulfil the delivery.

4.2. Delivery coverage of the products will be limited to specific areas of Greater Metro Manila and selected areas in CALABARZON. Specific covered cities are listed as follows: Batangas, Caloocan, Cavite, Laguna, Las Pinas, Makati, Malabon, Mandaluyong, Manila, Marikina, Muntinlupa, Navotas, Paranaque, Pasay, Pasig, Pateros, Quezon City, Rizal, San Juan, Taguig and Valenzuela.

4.3. Delivery rates may vary, depending on the area of delivery point. A standard delivery fee of PHP100.00 within Metro Manila and Php150.00 for outside Metro Manila will be charged. Shipping fee will also be presented on a separate line upon check out.

4.4. Delivery will take place within 7-9 working days if within Metro Manila and within 9-15 days if outside Metro Manila, upon payment confirmation. Shipment will be made in the Shipping Address as indicated by the buyer. You agree that in the event you make changes in the product or shipping details, which changes result in additional charges, then such additional charges shall be for your account.

4.5. We only allow cancellation within 24 hours upon order. Otherwise, we will process your order accordingly. Order cancellation will not be allowed once we have already processed your orders. This is to prevent any delays in shipment and fraud transaction.

4.6. Buyer will be responsible for all costs incurred to ship the products as well as the outbound cost of any misdelivery [meaning any Purchase which cannot be successfully executed because (a) the delivery address reported is not correct; (b) you are not reachable after various attempts –the number of delivery attempts will be defined by CTC; or (c) you refuse and cancel the Purchase when the product is delivered to the address specified on the order] or return of products, including cost of freight and transit insurance. Any costs assessed against or incurred by CTC in relation to shipping will be on your account.

5. Contests and Promotions

5.1. Any contests or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

6. Warranties

6.1. The warranties with respect to a product are as stated in the warranty certificate accompanying the product.

6.2.The warranties, conditions and remedies stated in the warranty certificate of a product are given by CTC in lieu of any other warranties, express or implied. CTC and its vendors disclaim any implied warranty of merchantability or fitness for a particular purpose or any similar standard imposed by applicable legislation. CTC’s responsibility to repair, replace, or offer a refund for defective units, parts and related items is the sole and exclusive remedy provided for breach of these warranties.

7. Return and Refund

7.1. Replacement or return of products due to a change of mind is not allowed. Only defective products can be replaced or returned. If the product is deemed defective, kindly send an email to CTC at support@cnx.ph and a Customer Service Representative will get in touch with you to investigate and provide you with instructions on the matter.

7.2. Returns or refunds will only be allowed if the product is proven to be: defective, the wrong size, the wrong item, missing accessories, or damaged.

7.3. Please note that the item must be in its original delivery condition and sent back to us with prepaid shipping charges and insured for the full purchase price, with original copy of Sales Invoice. Shipping and handling charges are non-refundable.

7.4. For approved refunds without the actual product, refund payment to the customer shall be made within 30 days from approval.

7.5. For refund requests with the actual product, CTC will notify you of the status of the refund within a reasonable time after the product has been pulled out for inspection.

8. Intellectual Property

8.1. CTC owns all rights, title and interest in the Website. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.

8.2. The CNX Home logo and other related graphics, logos, service marks and trade names used on or in connection with the Website are the trademarks of CTC and its licensors and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Website are the property of their respective owners.

8.3. CTC will own all account information about purchasers of its products through the Website, the information about the sale of products to customers through the Website and information related to the transactions including payments, service fees, disbursements, refunds, penalties and adjustments.

9.1. You agree to defend, indemnify and hold harmless CTC, its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Website, by you or any person using your account and password, (b) your breach of these Terms and Conditions, (c) your violation of any rights of other parties using the Website or (d) your violation of any applicable laws, rules, or regulations. You agree that the provisions in this section will survive any termination of your account, the Terms and Conditions or your access to the Website.

9.2. In no event shall CTC, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not CTC has been informed of the possibility of such damage.