DATA PRIVACY POLICY

Lancaster Estates Homeowners Association (“LEHOA”) and Cumbria Ridge Inc. through its Buyani platform, are committed to deliver innovations in community services to you. As such, this policy outlines our legal obligations in respect of how we collect, handle, and store your Personal Information in accordance with the Data Privacy Act of 2012 or Republic Act No. 10173 and its Implementing Rules and Regulations (IRR).

The Data Privacy Principles (DPPs) as identified in Rule IV, Implementing Rules and Regulations of the Data Privacy Act govern the way by which LEHOA is allowed to collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Data Privacy Principles may be accessed through the website of The National Privacy Commission at privacy.gov.ph.

Collection of Personal Information

Personal Information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. {Section 3 (g)}

The following personal information, which you may provide to us, falls within the purview of Personal Information:

  • Personal details, such as your name, postal/residence and email addresses, telephone/mobile number and other contact information, date of birth, gender, civil status, work information, and government-issued identification numbers for some cases TCT number, mortgage details indicated in the Deed of assumption of mortgage;
  • Transaction information, including information about the products you wish to purchase, prices, method of payment and payment details;
  • Other personal information you choose to provide us relating to your transaction/s with us.

The information that we collect are only those necessary and relevant to our transactions with you. We collect your Personal Information for the primary purpose of providing our services to you. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. Such information will be kept for as long they are pertinent to the purpose for which they were collected and/or as required under the law.

When you visit the Site, we also automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you process any transactions through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information as applicable (including credit or debit card numbers), email address, and phone number.  We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

By visiting our website or by voluntarily providing your Personal Information, you agree to our Data Privacy Policy and explicitly authorize us, our employees, authorized representatives, related companies, and third party service providers to collect your personal data via the forms you fill up and documents you submit.

Use and Processing of Personal Data

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by any third party.

LEHOA may use and process the personal data collected from and/or voluntarily provided by you to allow your agent to assist you in complying with the requirements of your account, such as but not limited to, the filling out of information in our website, submission of documents, etc.

We do not share personal information to third parties for their own direct marketing purposes, unless you give us permission to do so. When we give you notice, and you consent, we will share your personal information as you direct us to. The confidentiality of your personal information shall at all times be upheld and your personal data shall not be used or processed for any purpose that is contrary to law, morals, or public policy.

Disclosure of Personal Information

Your Personal Information may be disclosed in certain circumstances, such as the following:

  • Third parties where you consent to the use or disclosure; and
  • Where required or authorized by law.

LEHOA and Cumbria Ridge Inc. may share your Personal Information to Property Company of Friends Inc, Maplecrest Group Inc., Maplecrest Financing Corporation, Williamton Financing Corporation, GalingLNC and LGU’s for purposes of making available to you the products and services you may be interested in or may wish to avail.  LEHOA and Cumbria Ridge Inc. may also share between and among the entities comprising the same or to its affiliate companies or other contracting companies to provide you personalized services. LEHOA may also share personal information with consultants, marketing partners, and other service providers who need access to such information to carry out work on behalf of LEHOA under a data sharing agreement, if necessary.

Further, LEHOA reserves the right to transfer your Personal Information to maintain the continuity of services to you in the event of sale or transfer of all or a portion of our assets. We will use reasonable efforts to direct the transferee to use and process your personal information in a manner that is consistent with this Data Privacy Policy.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Maintaining the Quality and Security of Personal Information

Strict measures are taken with regards to the personal data we collect from our customers through the website. Internal policies are being enforced to protect such data against unauthorized access, disclosure to irrelevant parties, unwarranted modification, and misuse.

It is important to us that we maintain the quality of your Personal Information; thus, all reasonable steps shall be taken to ensure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is out-dated or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Any information personal information customers provide to us are processed and stored using a secured connection, and only authorized LEHOA and Cumbria Ridge Inc. personnel may access your data from the website, and are using it to process your order/s.

Your Personal Information shall be stored within the period prescribed by law and in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy such information in the manner prescribed by law.

HOW CAN YOU ACCESS AND UPDATE YOUR DATA?

You may access or modify your personal data by logging on the website and accessing your account details. Or you may reach out to us through our “Contact Us” page, or through an email sent to support@buyani.com.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for individuals under the age of 18.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONSENT

By using the Site or availing of our Services, you agree to the above terms and conditions and expressly consent to the collection, use, and sharing of your Personal and Device Information.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@buyani.com or by mail using the details provided below:

Contact Us

If you have any questions or concerns regarding our Data Privacy Policy, you may contact our Data Protection Officer with the following contact details:

  1. Title/Designation: Data Protection Officer
  2. Office Address: 2nd floor 212 Choa Co Siu Hoo bldg. Haig Street, Mandaluyong City
  3. Telephone Number: 0917-8696142
  4. Email Address: mdcinco@cumbriaridge.com

 

  1. INTRODUCTION

This online portal is operated by LEHOA and Cumbria Ridge, Inc. Throughout the site, the terms “we”, “us” and “our” refer to www.buyani.com. Cumbria Ridge offers this website, including all information, tools and services available from this site to you, the user, as a member of LEHOA conditioned upon your acceptance and observance of all terms, conditions, policies and notices stated here.

By visiting our site and processing homeowner transactions through the platform, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are members, browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current system shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

II. ACCOUNT CREATION
Before signing up as a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

Buyani reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Buyani may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Buyani may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

BY USING BUYANI SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

III. PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy.

IV. ACCOUNTS AND SECURITY
Some functions of our Services require registration and/or sign in for an E-mail Address and password, and by providing certain personal information. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. LEHOA and Buyani has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

You agree to (a) keep your password confidential and use only your email address and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify LEHOA and Buyani of any unauthorized use of your Account, and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Buyani will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

You agree that LEHOA and Buyani may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account, remove or discard from the Site any Content associated with your Account, withdraw any subsidies offered to you, cancel any transactions associated with your Account, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Buyani deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, or (e) behavior that is harmful to other Users, third parties, or the business interests of Buyani. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, LEHOA and Buyani may terminate your Account immediately with or without notice.

Users may terminate their Account if they notify LEHOA in writing (including via email at support@buyani.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Buyani after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Buyani shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Buyani.

V. TERMS OF USE
The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, LEHOA and Buyani may effect such termination with or without notice to you.

You agree not to:

  1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful speech, including but not limited to racially, ethnically, politically, religiously, gender- or sexual orientation- based or otherwise objectionable, or any type of speech or expression which may incite hate on such grounds;
  2. violate any laws, including without limitation any laws and regulation in relation to export and import restrictions;
  3. use the Services to harm minors in any way;
  4. use the Services for the purpose of committing any act inimical to the interests, rights, and privileges of any individual or juridical person;
  5. use the Services to commit a crime, felony, or any other violation of law or regulation of any jurisdiction where the Services may be accessed and/or used;
  6. use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  7. falsify headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  8. use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
  9. open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
  10. access Buyani platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
  11. use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
  12. take any action that may undermine reviews, comments and feedback;
  13. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
  14. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Buyani with respect to the Services and/or data transmitted, processed or stored by Buyani;
  15. upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  16. upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
  17. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
  18. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
  19. use the Services to violate the privacy of others or to “stalk” or harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  20. infringe the rights of Buyani, including any intellectual property rights and any passing off of the same thereof; or
  21. otherwise use the Services in actions or activities for which it is not designed or intended.

VI. CONTENT ACCOUNTABILITY 
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Buyani, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Buyani be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

Buyani has the discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Buyani and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable.

VII. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example raffle entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, false, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or which may otherwise incite hate based on race, ethnicity, political preference or affiliation, religion, gender, sexual orientation, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

XI. BUYANI POINTS REWARD SYSTEM
Registered users may earn loyalty points (“Buyani points”) in which Buyani may from time to time determine in its sole discretion. Buyani points will be credited to a User’s Account upon the completion of a successful transaction or activity approved by Buyani.

Transaction not completed on the Site do not qualify for the Buyani Points reward system. Buyani may at its sole discretion exclude categories of items from the Buyani points reward system.

Buyani points has no monetary value, does not constitute your property and cannot be purchased, sold, transferred or redeemed for cash. Buyani points shall, at all times, be subject to applicable law, implementing rules and regulations; Buyani points is set to expire depending on specific campaign or promo. Buyani points policies which may change from time to time without need of any notice to you.

XII. PAYMENT
You may pay for the Product or services using any of the payment methods suggested by Buyani. Selected payment method shall be made to Buyani, either accepting payment in its own right.

The payment methods may be subject to additional terms as prescribed by Buyani from time to time.

Buyani charges a fee for all successful transactions completed via online banking, over the counter, credit card or debit card on the Site (“Transaction Fee”). The Transaction Fee is borne by the Buyer, and is charged per transaction. [AKGJ5] [H6] The Transaction Fee is inclusive of value-added tax.

XIII. DISCLAIMER OF WARRANTIES
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

XIV. LIMITATION OF LIABILITY
In no case shall Cumbria Ridge, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BUYANI’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF BUYANI THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

XV. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:

(a)        you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b)        you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

XVI. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cumbria Ridge and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

XVII. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

XVIII. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

XIX. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

XX. FORCE MAJEURE

LEHOA and Cumbria Ridge shall not be liable or deemed to be in default hereunder for any delay or failure in the performance of any of its obligations under this Terms of Service resulting from any cause, beyond the control of said party such as, but not limited to, acts of God, acts of public enemy, acts of the government, civil or military wars, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, freight embargoes, inability to obtain export licenses or import authorization and lack of available transport, except where such events are direct results of the party’s gross negligence or willful misconduct.

XXI. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Philippines. In the event of suit arising out of or in accordance with this Terms of Service, it shall be brought exclusively to the proper courts of Mandaluyong City, Philippines.

CONTACT INFORMATION

For any questions or legal concerns regarding this Terms of Service, you may send us a message us at support@buyani.com