Terms & Conditions

Last Updated On 02-Oct-2023
Effective Date 28-Feb-2023

Welcome to Purplestone PH! These terms and conditions outline the rules and regulations for the use of Purplestone PH Website, located at www.purplestoneph.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Purplestone PH if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Customer”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “Purplestone PH”, “Purplestone”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the Republic of the Philippines. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1. Term Of Use

1.1 GENERAL

(a) By using the Platform and/or Services, you are obligated to follow all guidelines, notices, operating rules, policies, and instructions related to their usage and accessing the Platform. Additionally, you must adhere to any future modifications or amendments made by us. We retain the right to modify these guidelines, notices, operating rules, and policies at any given time, and you are considered informed and obligated to comply with any alterations once they are published on the Platform.

(b) To use the site, both buyers and sellers must own the account and conduct transactions for themselves. Purplestone may ask buyers and sellers to provide personal information like a recent photo, bank account details, and other documents for verification purposes. This verification may be needed by third-party payment and shipping services too. By using the site, buyers and sellers give Purplestone permission to use their personal information to help them use the site. Purplestone is also allowed to make inquiries, including checking with the appropriate entity like the bank, to confirm their identity. You can learn more about it in our privacy policy.

1.2 PROHIBITED ACTIVITES

As a user of the Site, you agree not to:

• Gather usernames and/or email addresses of users through electronic or alternative methods with the intention of sending unsolicited emails, or generating user accounts using automated methods or deceptive practices.
• Engage in unlawful activities while utilizing the Platform or Services.
• Make unauthorized attempts to access or disrupt computer systems or networks linked to the Platform or Services.
• Use the Site to advertise or offer to sell goods and services, or any Prohibited Materials.
• Bypass, disable, or tamper with security measures of the Site, including those designed to prevent or limit the use, copying, or access to any Content, as well as enforce restrictions on the utilization of the Site and/or its Content.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Upload, transmit, or make an attempt to upload or transmit viruses, Trojan horses, or any other material that includes excessive use of capital letters and spamming (repetitive posting of text), which hinders the uninterrupted usage and enjoyment of the Site by any party. Additionally, refrain from modifying, impairing, disrupting, altering, or interfering with the use, features, functions, operation, or maintenance of the site.
• Upload, transmit, or attempt to upload or transmit any material that serves as a means to passively or actively collect or transmit information. This includes, but is not limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices commonly known as “spyware,” “passive collection mechanisms,” or “PCMs.”
• iFrames: Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
• Engage in unauthorized framing of or linking to the Site.
• Engaging in deceitful actions, fraudulent behavior, or misleading activities aimed at obtaining sensitive account information, particularly user passwords, from us and other users.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Participate in any form of automated utilization of the system, including but not limited to employing scripts for sending comments or messages, or utilizing data mining, robots, or similar tools for gathering and extracting data.
• Impede, disturb, or impose an excessive burden on the Site, as well as the networks or services linked to the Site.
• Attempt to impersonate another user or person or use the username of another user.
• Engage in the sale or transfer of your profile, or any similar action to convey ownership or control of your profile.
• Utilize any information acquired from the Site with the intent to harass, abuse, or inflict harm upon another individual.
• Avoid making any statements or taking actions that could discredit, tarnish, or cause harm, as per our judgment, to us and/or the Site.
• Include items in your listings that violate the copyrights, trademarks, or other intellectual property rights of third parties, or use the Services in a way that would infringe upon the intellectual property rights of others.

1.3 USER GENERATED CONTRIBUTIONS

The act of creating, distributing, transmitting, publicly displaying, performing, accessing, downloading, or copying your Contributions does not and will not violate the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.

• You own or have the required licenses, rights, and permissions to authorize us, the Site, and other users to use your Contributions as allowed by the Site and these Terms of Use.
• You possess the written consent, release, and/or permission from all identifiable individuals featured in your Contributions to use their names or likeness, allowing the inclusion and use of your Contributions in any manner permitted by the Site and these Terms of Use.
• Your Contributions are truthful, accurate, and free from any misleading information.

• Your Contributions should not contain any unauthorized advertising, promotions, pyramid schemes, chain letters, spam, mass mailings, or any similar forms of solicitation.

• Your Contributions should not be obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.

• Your Contributions must not ridicule, mock, disparage, intimidate, abuse, harass, threaten (in the legal sense), or promote violence against individuals or groups.

• Your Contributions must comply with all applicable laws, regulations, and rules.

• Your Contributions must adhere to all applicable laws, regulations, and rules, including the provisions stated in these Terms of Use. They should not link to or contain any material that violates these Terms of Use, applicable laws, or regulations.

• Your Contributions should refrain from seeking personal information or engaging in exploitation of individuals under 18 years of age in a sexual or violent manner. Additionally, it is essential that Your Contributions comply with laws pertaining to child pornography and the protection of minors’ health and well-being.

1.4 VIOLATION OF OUR TERMS OF USE

(a) These Terms of Use will remain valid throughout your usage of the Site. We reserve the right, without any obligation to provide notice or assume liability, to deny access to and usage of the Site and its offerings, including blocking specific IP addresses, to any individual for any reason or no reason at all. This includes situations where there is a breach of any representation, warranty, covenant in these Terms of Use, or any applicable law or regulation. We retain the authority to terminate your usage or participation in the Site and its offerings, delete your account, as well as any content or information you have posted, at our sole discretion and without prior notice.

Failure to comply with this policy may lead to various consequences, including but not limited to:
• Removal of listings

• Restrictions on Account privileges

• Suspension and eventual termination of the Account

• Potential criminal charges

• Civil legal actions, such as claims for damages or seeking interim or injunctive relief.

If you suspect that a user on our website is breaching these Terms of Service, please reach out to us at support[at]purplestoneph[dot]com.

(b) Suspension of account for any reason: It is strictly prohibited to register and establish a new account using your own name, a fictitious name, or the name of any third party, even if you are acting on behalf of that third party. Alongside terminating or suspending your account, we retain the right to initiate suitable legal actions, which may include pursuing civil, criminal, and injunctive remedies.

2. Indemnity

You agree to defend, indemnify, and hold us, along with our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claims, demands, liabilities, losses, damages, or expenses (including reasonable attorneys’ fees and costs) made by a third party, arising from or related to:

(a) Your utilization of the Marketplace Offerings,

(b) Violation of these Terms of Use,

(d) Infringement upon the rights of a third party, including intellectual property rights,

(e) Any harmful actions directed towards another user of the Site or the Marketplace Offerings whom you connected with through the Site.

However, we reserve the right, at your expense, to assume exclusive control and defense of any matter that requires your indemnification. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to inform you of any claims, actions, or legal proceedings subject to this indemnification, once we become aware of them.

3. Cookies

We employ the use of cookies. By accessing Purplestone PH, you agreed to use cookies in agreement with the Purplestone PH’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

4. License

Unless otherwise stated, Purplestone PH and/or its licensors own the intellectual property rights for all material on Purplestone PH. All intellectual property rights are reserved. You may access this from Purplestone PH for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Purplestone PH

• Sell, rent or sub-license material from Purplestone PH

• Reproduce, duplicate or copy material from Purplestone PH

• Redistribute content from Purplestone PH

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Purplestone PH does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Purplestone PH, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Purplestone PH shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Purplestone PH reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

• We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

• We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

• You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

You hereby grant Purplestone PH a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

5. Hyperlinking To Our Content

5.1 The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Purplestone PH; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Purplestone PH. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Purplestone PH’s logo or other artwork will be allowed for linking absent a trademark license agreement.

5.2 RESERVATION OF RIGHTS

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

5.3 REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. Please reach out to us at support[at]purplestoneph[dot]com.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

5.4 CONTENT LIABILITY

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

6. Your Privacy

Purplestone PH is a registered entity in the Republic of the Philippines. If you are accessing the Site from a region outside the Philippines that has distinct laws or requirements pertaining to the collection, use, or disclosure of personal data, by continuing to use the Site, you acknowledge that your data will be transferred to the Philippines and consent to the processing of your data in the Philippines. Read our Privacy Policy.

7. Disclaimer

7.1 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.2 REVIEW DISCLAIMER

• The views expressed in reviews are independent and do not necessarily reflect our opinions or those of our affiliates or partners. We are not responsible for any claims, liabilities, or losses arising from reviews. We retain the right to reject or remove reviews at our sole discretion. While we have no obligation to screen or delete reviews, regardless of objections or inaccuracies, we reserve the right to do so.

• By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

8. Payments and Applicable Fees

8.1 GENERAL

• Payments for your purchase can only be made through the available payment methods on Purplestone’s website.

• All payments should be directed to Purplestone, who may accept payment on its own behalf or as an agent for the Seller (in the case of Third-Party Vendors). Please note that Purplestone has the right to collect payments from you on behalf of Third-Party Vendors.

• When you use a specific payment method, you agree to abide by its user agreement. You may not hold the Seller or Purplestone accountable for any issues related to that payment method. Please note that Purplestone retains the right to modify or terminate any payment method without notice.

8.2 AVAILABLE PAYMENT METHODS:

(a) Cash on delivery (COD): Buyers will pay cash directly to the delivery agent. upon receipt of the item.

(b) Online Payment Channels: Buyers can pay using their preferred online payment channels available on the website. Purplestone reserves the right to update the payment channels available periodically without prior notice.
(c) Buy Now Pay Later (BNPL): Buyers can shop and pay in installments with zero interest.
(d) Credit Card

8.3 SELLER FEES

• The term “Sales Revenue” pertains to the overall amount of money earned by sellers through their sales. After deducting any withdrawals, the remaining balance is referred to as the “Seller Balance”.

• When a Seller’s sales are completed and the buyer acknowledges receipt of the seller’s item, money will be credited to the seller’s balance within three days.

• When a Buyer returns or requests a refund for an item, the money from that sale will be debited from the Seller Balance within one day and shall be put on hold until the request for refund is approved by the Seller or Purplestone (as acting mediator in the event that the Seller is not responsive).

• Withdrawal of Seller Balance is by default on a bi-weekly basis.

• DEDUCTIONS:

(a) In case of an error processing a transaction, you grant us permission to rectify the error by debiting or crediting your designated bank account. If we are unable to debit your designated account for any reason, you authorize us to try again using any other bank account or payment method you have provided, or deduct the amount and fees from your Seller Balance later.

(b) If you engage in fraudulent or suspicious activity and/or transaction, Purplestone has the right to suspend or deactivate your account. In addition, any lost, damaged, or incorrect items will be charged to your account. As well as a fee for any remaining balance in your account. The amount of this fee will be determined and decide by Purplestone

8.4 TRANSACTION FEES

• Purplestone applies a fee to every successful transaction on the site, known as the “Transaction Fee.” The Buyer is responsible for paying this fee, which is calculated as 2.5% of the Buyer’s total payment, rounded to the nearest peso. The Transaction Fee already includes any applicable value-added tax.

• The Sellers will be subject to a 5% Commission Fee imposed by Purplestone for every successful transaction they complete.

• The term “Cross Border Fee” refers to the fees charged to a merchant when a customer uses a credit card and the issuing bank is in another country from their processing account. Purplestone charges a fee for transactions made outside the Philippines. This fee, known as the Cross Border Fee, is applied to all successful transactions on the site and will be borne by the buyer.

• Withdrawal of seller balance will only be made available for every completed delivery. Your seller balance will be debited to your designated account upon request for withdrawal free of charge. Customers must confirm receipt of the product within 3 days of order receipt. However, if the customer is unable to update the confirmation status within the given period, the amount of sale will be automatically deposited to the seller balance.

8.5 VOUCHERS AND PROMO FEES

• Purplestone promo vouchers, which are created by Purplestone and given to the buyer, shall be deducted from Purplestone’s commission fee. The vouchers will not be deducted from the seller’s balance after the sale is completed.

• If a seller creates his or her own promotional offer and give it to the buyer, the amount of the promotional offer will be deducted from the seller’s account. The amount of the discount will not affect the commission fee receivable by Purplestone PH.

8.6 CUSTOMER FEES

• If the customer fails to pay or cancels the payment, Purplestone or the Seller reserves the right to terminate the order or suspend the delivery of the product.

• The shipping fee is borne by the buyer.

• A 2.5% transaction fee is borne by the buyer included in the total amount upon checkout.

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Email: info@purplestoneph.com
Baguio City, Benguet 2600

Customer Support Hours:
Monday – Friday
09:00 am – 06:00 pm