Terms & Conditions
Terms and Conditions of Service
Welcome to www.worldbalance.com.ph (“Site”), the official website owned, operated and managed by CHG Global Inc. (“CHG Global”). Our Site offers our customers, vendors, suppliers, merchants and prospective business partners access to various tools and information relating to our products and services, including CHG Global’s online retail platform where users may avail of our offerings, make payments and designate delivery locations (“Platform”). Please read the following Terms and Conditions of Service (“Terms”) carefully before using this Site and any of its features so that you are aware of your legal rights and obligations with respect to CHG Global. The term “Service” includes: (a) the Site, (b) the services and features provided by and through the Site, including our Platform; and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site ("Content").
By visiting and using our Site, including making purchases through our Platform, you expressly and irrevocably agree to be bound by these Terms, including those additional terms, conditions, and policies referenced herein and/or made available to you herein. These Terms apply to all users of our site, including, without limitation, browsers, customers, vendors, suppliers, merchants, and/ or contributors of content. Any new features or tools which are added to this site shall also be subject to these Terms.
You can review the most current version of these Terms at any time on this page. Likewise, we reserve the right to update, change or replace any part of these Terms at any time by posting updates and/or changes to our site subject to the requirements of proper notice, and where applicable, consent, in relation to any updates and/or changes affecting any processing of personal data performed by our site in compliance with the requirements of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012. Notwithstanding this, it is your responsibility to check this site periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse to provide you access to the Site and Platform, our Services, or to allow you to open an account for any reason. Likewise, we reserve the right to change, modify, suspend or discontinue all or any part of this Site, the Platform or the Services at any time or upon notice as required by local laws. We may also impose limits on certain features or restrict your access to parts of, or the entire, Site, the Platform or the Services in its sole discretion and without notice or liability.
By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years of age or, in the case of minors, have obtained lawful consent and/or authorization of your parent/s and/or legal guardian/s to access this site, its contents, tools and information, including our Platform.
You may not use our site for any illegal or unauthorized purpose, including those in violation of any applicable foreign laws covering penal, intellectual property, privacy and confidentiality, among others; or to commit acts in violation of Section XIII – Prohibited Acts below in your jurisdiction, including but not limited to penal, copyright, privacy and confidentiality laws. Any breach or violation of any of the Terms will result in the immediate termination or suspension of your access to our site.
A. Purpose, Scope and Method of Personal Data Collection and Processing
Before you purchase anything from the Platform, we require you to register and create a User Account. During the registration process, we collect and process personal data directly from you such as your First and Last Name, Electronic Mail (E-mail) Address, Date of Birth, Shipping/Billing Address, and Contact Information. This information is intended to help us continuously verify your identity while using the Platform’s features; to contact you about any matter, including updates, features and/or services concerning the Platform; to create your User Profile; to process any purchases made on the said Platform; and to allow us to derive marketing research data for business development purposes. While certain bank details such as debit/credit card information may be requested, such information is only used to process payments through partner third-party payment portals/channels services in our Platform. We do not retain copies of such information beyond the transactions made on the Platform.
Although no system or technology is completely infallible, we have endeavored to take appropriate measures to prevent risks of unauthorized access to your personal data when using our Platform. This includes implementation of appropriate physical, technical and organizational measures in compliance with the requirements of applicable privacy laws and regulations.
D. Recipients of Personal Data
Third-party service providers may be provided access to your personal data from time to time. We understand that under such arrangements, we remain responsible over your personal data. Nevertheless, we will ensure that any such third-party service providers are contractually obligated to comply with the requirements of applicable privacy laws and regulations.
Apart from the foregoing, we will not disclose any of your personal data to any third party without your permission unless we are compelled or required to do so by applicable law, rules or regulations, or by order of a court of competent jurisdiction or a regulatory agency.
E. Personal Data Retention and Disposal
Your personal data will be retained only for as long as is necessary for the fulfillment of the declared, specified, and legitimate purposes provided above, or when the processing is relevant to such purposes, strictly in accordance with our records retention policy. After which, your personal data shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interests.
F. Your Rights as a Data Subject
i. The Right to be Informed – We honor your right to be informed of the purposes, scope and methods of personal data processing involved in your registration into and use of the Platform. Please note that we are constantly trying to improve and evolve the capabilities of our platform to include a wider range of services. This could involve changes to the purpose, scope and method of personal data collection and processing relative to your use of the Platform. To this extent, we shall endeavor to inform you of any such changes and, when necessary, ask you to review and accept supplemental terms covering new programs and services.
ii. The Right to Object - You have the right to object to the further processing and disclosure of your personal data at any time. You shall be informed of any changes to these Terms and your consent obtained thereto, when appropriate.
iii. The Right to Withdraw Consent Anytime - You have the right to withdraw your consent at any time. However, this may affect your continued use of our Platform.
iv. The Right to Access, Erasure and/or Blocking - You have the right to request for a copy of any of your personal data processed under these Terms. Furthermore, you have the right to have it corrected if you think it is inaccurate or incomplete, subject to the submission of sufficient proof. You have the right to suspend, withdraw or order the blocking, removal or destruction of your personal data should you: (a) discover that it is incomplete, outdated, false, unlawfully obtained, used for an unauthorized purpose, no longer necessary for the abovementioned purposes; (b) withdraw your consent thereto; or, (c) discover violations of your right as a data subject.
III. LIMITED LICENSE
We grant you a limited and revocable license to access and use the Site or the Platform upon your agreement to these Terms. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site or the Platform are the property of CHG and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site or the Platform to use or reproduce any Intellectual Property, and no party accessing the Site or the Platform shall claim any right, title or interest therein. By using or accessing the Site or the Platform you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Site, the Platform and the Services.
You are prohibited from copying, distributing, republishing, transmitting, publicly displaying, publicly performing, modifying, adapting, leasing, selling, or creating derivative works of any portion of the Site, the Platform or the Services without our prior written consent. You also may not, without our prior written consent, mirror or frame any part or whole of the Site, the Platform or the Services on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
IV. USER PROVIDED CONTENT AND INFORMATION
You own all the content and information you post on the Site or on the Platform. In addition:
For content that is covered by intellectual property rights, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Site or the Platform (IP License).
By uploading any information/data (including user location data), media and/or other content to the Site or the Platform, you explicitly consent to our access to such information/data, media and/or content. In instances where such information you share may include the personal data of other data subjects, you warrant that you have lawfully obtained the consent of said data subjects to disclose/share their personal data to the Site or the Platform and that you shall defend, indemnify and hold free and harmless, CHG, its directors, officers, and employees from any and all actual or alleged obligations, claims, demands, causes of action, liability, loss, cost, expense, damage and/or injury which may arise from your failure to obtain the necessary consent to share/disclose such personal data to the Site or the Platform.[JPF1]
V. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
CHG will not be responsible if the information made available on the Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
VI. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
VII. PRODUCTS OR SERVICES (WHERE APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
VIII. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit/debit card details, so that we can complete your transactions and contact you as needed.
IX. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an ”as is” and/or “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for any cost or damages whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site or the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.[AA2]
X. THIRD-PARTY LINKS
Certain content, products and services available via our Site, the Platform or the Services may include materials from third-parties. As such, third-party links on the Site, the Platform or the Services may direct you to third-party websites that are not affiliated with us. We are not liable for any cost, harm or damages whatsoever arising from or relating to your use or access to such third-party materials or websites, including any other materials, products, or services of third-parties.
We are not liable for any cost, harm or damages whatsoever arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
XI. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest 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 whatsoever: (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 or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You warrant that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, confidentiality personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, the Platform or the Services or any related website. You are prohibited from using false e-mail address; pretending 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.
XII. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site, the Platform or the Services which contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site, the Platform or the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
XIII. PROHIBITED ACTS
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site, the Platform or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
XIV. PROTECTING OTHER PEOPLE’S RIGHTS
We respect other people's rights and expect you to do the same. To ensure the safety and security of our users, CHG reserves the right to perform the following through the Site, the Platform, or the Services:
The administrators of the Site, the Platform or the Services, may perform regular random audits of posts related to messages, images, videos and/or other content provided by you to check for content which may be in violation of these Terms.
We allow and encourage users to report malicious, abusive or discriminatory content including those in violation of these Terms.
The administrators of the Site, the Platform or the Services have the right, based on grounds defined under these Terms, to remove user-provided content in violation thereof and to disable/terminate user access to the Site, the Platform or the Services.
XV. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site, the Platform or the Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our Site or the Platform will be, at all times, accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site, the Platform or the Services is at your sole risk. All products and/or services delivered to you through the Site, the Platform or the Services 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 merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement
In no case shall CHG, 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 expressly agree to indemnify, defend and hold harmless CHG 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms 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.
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).
You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or the use of the Site, the Platform or the Services exclusively through the Philippine courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of the Philippines will govern this Statement and the Policy, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on the Site, the Platform or the Services, you will indemnify and hold us free and harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the Site, the Platform or the Services and are not responsible for the content or information users transmit or share on the Platform. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site, the Platform or the Services. We are not responsible for the conduct, whether online or offline, of any user of the Platform.
XX. 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 and any policies or operating rules posted by us on the Site, the Platform or the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site, the Platform or the Services, 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.
XXI. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Site, the Platform or the Services following the posting of any changes to these Terms constitutes acceptance of those changes subject to the requirements of proper notice, and where applicable, consent, in relation to any updates and/or changes affecting any processing of personal data performed by our site in compliance with the requirements of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012
XXII. CONTACT INFORMATION
If you have any questions, concerns, objections about this instrument, you may contact us directly through the following:
Data Privacy Officer
Tel: (632) 363 1990
19 V Mapa St. Caloocan City