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Terms of Use

Welcome to www.iamClaire.com website. Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.

2. General use of Services and/or access of Platform

2.1 Guidelines to the use of Platform and/or Services: You agree to comply with all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Restricted activities: You agree and undertake NOT to:

2.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:

2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out here.

2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions of Sale.

2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

3. Use of Services

3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.

3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

3.3 General Terms of Use:

You agree:

3.4 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.

3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

3.6 Third Party Vendors: You acknowledge that parties other than iamClaire (i.e. Third Party Vendors or Sellers) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by iamClaire or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor's Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.

4. Customers with iamClaire accounts

4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.

5. Intellectual property

5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

5.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a "hot" link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

6. Our limitation of responsibility and liability

6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an "as is" and "as available" basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:

6.2 Exclusion of liability: iamClaire Indemnitors shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

6.3 Limitation of Liability: any liability of the IamClaire Indemnitors for damages and attorney's fees, shall in connection with the use of the Platform or the Services, not exceed the maximum aggregate amount of PhP[100,000.00]. However, any claims for liability arising out or in connection with the purchase of Products on the Platform shall be subject to the Terms & Conditions of Sale.

6.4 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable thereof.

7. Hyperlinks, and alerts

7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7.2 Promotions: We may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our or our Third Party Vendors' products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

8. Your submissions and information

8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.

8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purpose of sending informational and promotional e-mails and all communications, notices, updates and other information to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

8.3 iamClaire may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.

Privacy Policy: You acknowledge that you have read and agree to the Privacy Notice set out here. and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

9. Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

9.2 Termination by you: You may terminate these Terms of Use by giving seven days' notice in writing to us.

10. Notices

10.1 Notices from us: All notices or other communications given to you if:

10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

11. General

11.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

11.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.

11.4 Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

11.5 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Philippine law and you hereby submit to the exclusive jurisdiction of the Philippine Courts. Except as provided in the preceding sentence, any dispute, controversy, or claim arising out of or relating to this terms and conditions, or the breach, termination or invalidity thereof shall be settled through arbitration under Republic Act No. 876, otherwise known as The Arbitration Law, and/or Republic Act 9285 or the Alternative Dispute Resolution Act of 2004, as may be applicable.

11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.7 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

11.9 Currency: Money references under these Terms of Use shall be in Philippine Peso.

11.10 Language: In the event that these Terms of Use is executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

11.11 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

11.14 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services' contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

12. Voucher Terms & Conditions

The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such vouchers are offered for no consideration (according to voucher terms & conditions)

Schedule 1

Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

2. Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words "include", "includes" or "including" are used, they will be deemed to be followed by the words "without limitation". Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words "month" or "monthly" as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of iamClaire and the provision which is more favourable to iamClaire shall prevail.

Terms & Conditions of Sale

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

2. Purchase of Products

2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by iamClaire (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. iamClaire reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Sellers: Products are sold by "Sellers". iamClaire may be a "Seller" for selected Products. "Seller" may also refer to a party other than iamClaire (such party referred to in these Terms & Conditions of Sale as a "Third Party Vendor"). Whether a particular Product is listed for sale on the Platform by iamClaire or a Third Party Vendor may be stated on the webpage listing of that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:

2.3 Product description: While Seller endeavors to provide an accurate description of the Products, neither iamClaire nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the "Submit Order" button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.5 You cancel your order from the time of your order ("Cooling Off Period"). The cancellation must be communicated to iamClaire in writing within the Cooling Off Period. Upon the expiration of the Cooling Off Period, all Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order. The details regarding the cancellation process and policy of iamClaire can be accessed here.

2.6 Seller's reservation of rights in respect of Orders: All Orders shall be subject to Seller's acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a "Customer Contract") shall constitute a separate contract. You acknowledge that unless you receive a notice from iamClaire confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

2.7 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event iamClaire shall, on behalf of Seller, notify you of such cancellation by giving three days' notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product.

2.8 Product Warranty: The warranties with respect to a Product ("Product Warranty") sold under a Customer Contract shall be as stated by Seller via the Platform, under the "Specifications" tab in the field "Product Warranty" for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.

2.9 Customer's acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either iamClaire or Seller. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.

2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under Philippine law:

2.11 Intellectual Property:

3. Delivery of Products

3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by iamClaire (or its agents) on behalf of Seller.

3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.

3.3 Tracking: You may track the status of the delivery at the "Order Tracking" page of the Platform.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform iamClaire within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller's ability, to locate and deliver the Product. If iamClaire does not hear from you within [10] days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.

3.6 Customer's failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.

4. Prices of Products

4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).

4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

5. Payment

5.1 General: You may pay for the Product using any of the payment methods prescribed by iamClaire from time to time. When you place an Order, actual payment will be only charged upon Seller's acceptance of your Order and formation of a Customer Contract. All payments shall be made to iamClaire, either accepting payment in its own right or as Seller's agent (where Seller is a Third Party Vendor). You acknowledge that iamClaire is entitled to collect payments from you on behalf of Third Party Vendors.

5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by iamClaire from time to time.

5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include iamClaire), for any failure, disruption or error in connection with your chosen payment method. iamClaire reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4 Invoicing: A Sales Invoice [to be issued by the Seller] may be delivered with the Product or three – five (3-5) days after delivery. Please contact iamClaire within 30 days upon receipt of Order for the Merchant to send one right away.

5.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

5.6 Refund of Payment:

6. Returns/Repairs/Replacements

6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy here. Seller is not obliged to agree to any return unless all such instructions are followed to Seller's and iamClaire's satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address.

6.2 Permitted returns: Subject to Clause 6.1, within [7] days from the date of delivery of the Product, you may return a Product when you:

6.4 Replacement Products: When iamClaire has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller's property and upon request such Products or parts thereof should be shipped back to the proper address indicated for return.

6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via iamClaire or iamClaire's agents) has tendered delivery of the Products.

6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, iamClaire will safely keep the item for a period of fifteen (15) days, reckoned from the date iamClaire receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and iamClaire or Seller may dispose of the product or item. Notwithstanding the foregoing, iamClaire will use its best efforts to return the product to the Customer within the time frame provided.]

7. Questions and complaints

If you have any questions or complaints, please contact iamClaire using the "Contact Us" page on the Platform. iamClaire will liaise with Sellers on your questions andcomplaints.

8. Order Cancellation

8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to iamClaire at "Contact Us" page on the Platform, subject to Clause 2.5. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.

8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or iamClaire acting on Seller's behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

9. Risk and property of the Goods

9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when iamClaire has tendered delivery of the Goods.

9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until iamClaire has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by iamClaire to the Customer for which payment is then due.

9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as iamClaire's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

9.4 The Customer agrees with iamClaire that the Customer shall immediately notify iamClaire of any matter from time to time affecting iamClaire's title to the Goods and the Customer shall provide iamClaire with any in-formation relating to the Goods as iamClaire may require from time to time.

9.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) iamClaire shall be entitled at any time to demand the Customer to deliver up the Goods to iamClaire and in the event of non-compliance iamClaire reserves it's right to take legal action against the Customer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of iamClaire but if the Customer does so all moneys owing by the Customer to iamClaire shall (without prejudice to any other right or remedy of iamClaire) forthwith become due and payable.

9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.

9.8 The Customer shall indemnify iamClaire, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of iamClaire 's rights under this condition.

10. Limitation of liability

10.1 Sole remedies of customer: The remedies set out in Clause 6 are the Customer's sole and exclusive remedies for non-conformity of or defects in the products.

10.2 Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, Seller's maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to Seller under such customer contract.

10.3 Exclusion of liability: iamClaire Indemnitors shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Seller's instructions on the use of the products (whether oral or written).

11. General

11.1 References to "iamClaire": References to "iamClaire" in these Terms and Conditions of Sale apply both to iamClaire's actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.

11.2 Right to subcontract: Third Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to iamClaire or any of iamClaire's designated service providers, subcontractors and/or agents.

11.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller's rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller's exercise of any other such right or remedy as at law or in equity.

11.4 Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.

11.5 No waiver: Seller's failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

11.6 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.

11.7 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

11.8 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Philippines and you hereby submit to the exclusive jurisdiction of the Courts of Makati City in the Philippines for purposes of: confirmation or vacation of a domestic arbitral reward; (b) recognition, enforcement, and/or rejection of a foreign arbitral reward; (c) requests for interim measures of protection or modifications thereof; and (d) such other matters not otherwise falling within the jurisdiction of the arbitral tribunal as provided below.

11.9 Except as provided for in Clause 11.8, any dispute, controversy, or claim arising out of or relating to this terms and conditions, or the breach, termination or invalidity thereof shall be settled through arbitration under Republic Act No. 876, otherwise known as The Arbitration Law, and/or Republic Act 9285 or the Alternative Dispute Resolution Act of 2004, as may be applicable.

11.10 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.11 Amendments: Seller may by notice issued jointly with iamClaire through the Platform or by such other method of notification as Seller may designate solely through iamClaire (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller's right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of iamClaire (either via the Portal or such other means as iamClaire prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.

11.12 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller's part shall be subject to correction without any liability on Seller's part.

11.13 Currency: Money references under these Terms & Conditions of Sale shall be in Philippine Peso.

11.14 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.16 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.17 Subcontracting and delegation: iamClaire reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as iamClaire deems appropriate.

11.18 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller's prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.

11.19 Force Majeure: Neither iamClaire nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services' contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond iamClaire's or Seller's reasonable control.

Schedule 1

Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

2. Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words "include", "includes" or "including" are used, they will be deemed to be followed by the words "without limitation". Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words "month" or "monthly" as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of iamClaire and the provision which is more favourable to iamClaire shall prevail.

IAC Payments Policy

What are the payment methods available?

To bring you the best online shopping experience, we offer several payment methods:
- Cash On Delivery
- Credit/Debit Card

How do I know if my payment transaction is successful?

There are 3 simple steps in checking the success in Order Creation.

  1. If an account has been created you can go to the Order Tracking Page which can be found on the upper right hand corner of the website. The Order Tracking Page would show you orders made from the time the account was created to the most recent.
  2. Check your email and phone. An email and sms notification will be sent out once Oder has been successfully made.
  3. If all else fails, you can call us at our hotline or send us a message via e-mail at customersupport@iamClaire.com to check if the order went through.

What is COD?

COD stands for Cash on Delivery. This is a payment method offered by iamClaire that gives you the opportunity to pay for the item/s you have ordered only when it gets delivered. A few areas in the Philippines are not covered by COD transactions due to geographical restrictions. We highly recommend that the exact change is prepared for your convenience as our delivery agents may not have that much change on hand.
Simple. Secure. Hassle-free! Enjoy having a peace of mind when you purchase using COD at iamClaire.

How do I pay cash for items not available for COD?

Pay using your debit or credit card when you shop for items that are not available for COD! =

Which credit cards are accepted for payment?

iamClaire accepts all major international and local credit and debit cards that are supported by VISA, Mastercard, JCB or AMEX.
Your card details will be protected using industry-leading encryption standards.

Why was my order charged wrong amount?

Your order might have included additional charges like shipping. Shipping fees are shouldered by the customer depending on customer location. For more information regarding shipping fees, please refer to www.iamClaire.com/terms-conditions.

Do you keep my credit card details?

Your security is important to us and we take it very seriously. Every credit card transaction occurs within a secure environment. We do not retain your credit card information after your order is completed; it is submitted directly to our banks. If you are using a credit card which is not under your name, please ensure that you get the consent of the Credit Card holder as iamClaire validates these type of transactions by calling the primary Account Holder.

When can I request for Sales Invoice?

All Sales Invoice should be included on the package upon delivery. If for some reason our merchants have not included the Invoice, please contact us within 30 days upon receipt for us to send one right away.
A scanned copy of the Sales Invoice will be sent to you 3 to 5 business days from the date of request and a physical copy will be sent via mail to right after if you require one.
Due to the number of Invoices served by our Merchants on a daily basis, we may not be able to accommodate any request for copies after 30 days from the receipt of your item.

Privacy Notice

We take our customer's privacy seriously and we will only collect, record, hold, store, disclose, transfer and use your personal information as outlined below. Data protection is a matter of trust and your privacy is important to us. We shall therefore only proceess your Personal and/or Sensitive Information ("Information") in the manner set out in this Privacy Policy. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you.
We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
You can visit the Platform (as defined in the Terms of Use) and browse without having to provide personal details. During your visit to the Platform you remain anonymous and at no time can we identify you unless you have an account on the Platform and log on with your user name and password.

Collection of Personal Information

When you create an iamClaire account, or otherwise provide us with your personal information through the Platform, the Information we collect may include your:

You must only submit to us, our authorized agent or the Platform, information which is accurate and complete and not misleading and you must keep it up to date and inform us of changes (more information below). We reserve the right to request for documentation to verify the information provided by you.
We will only be able to collect your Information if you voluntarily submit the Information to us. If you choose not to submit your Information to us or subsequently withdraw your consent to our use of your personal information, we may not be able to provide you with our Services. You may access and update your personal information submitted to us at any time as described below.
If you provide personal information of any third party to us, we assume that you have obtained the required consent from the relevant third party to share and transfer his/her personal information to us.
If you sign up for iamClaire using your social media account or link your iamClaire account to your social media account or use certain other iamClaire social media features, we may access information about you which you have voluntarily provided under your social media account via that social media provider in accordance with the provider's policies and we will manage your personal data which we have collected in accordance with iamClaire's privacy policy

Use and Disclosure of Personal Information

The Information we collect from you will be used, or shared with third parties (including related companies, third party service providers, and third party sellers), for some or all of the following purposes:

iamClaire may share your personal information with third parties and our affiliates or subcontractors for the abovementioned purposes, specifically, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by iamClaire. In sharing your personal information with them, we endeavor to ensure that the third parties and our affiliates or subcontractors keep your personal information secure from unauthorized access, collection, use, disclosure, or similar risks and retain your personal information only for as long as they need your personal information to achieve the abovementioned purposes.

In disclosing or transferring your personal information to third parties and our affiliates located overseas, iamClaire take steps to ensure that the receiving jurisdiction has in place a standard of protection accorded to personal information that is comparable to the protection under or up to the standard of the Philippine Data Privacy Act.

iamClaire does not engage into the business of selling customers' personal information to third parties, and your personal information will only be shared to a third party to facilitate the purposes enumerated above. You may view a list of our third-party partners, affiliates, and subcontractors at

Rights as a Data Subject

The Data Privacy Act of 2012 entitles you to certain rights as a data subject, including the right to access, correct, and object to the processing of your Personal Information, You may address all complaints and concerns regarding your personal data to our Data Protection Officer, whose contact information is indicated below, or to the National Privacy Commission.

Withdrawal of Consent

You may communicate your objection to our continual use and/or disclosure of your personal information for any of the purposes and in the manner as stated above at any time by contacting us at our e-mail address below.

Please note that if you communicate your objection to our use and/or disclosure of your personal information for the purposes and in the manner as stated above, depending on the nature of your objection, we may not be in a position to continue to provide our products or services to you or perform on any contract we have with you. Our legal rights and remedies are expressly reserved in such event.

Updating Your Personal Information

You can update your personal information anytime by accessing your account on the iamClaire Platform. If you do not have an account with us, you can do so by contacting us at our e-mail address: support@iamClaire.com.

We take steps to share the updates to your personal information with third parties and our affiliates with whom we have shared your personal information if your personal information is still necessary for the above stated purposes.

Accessing Your Personal Information

If you would like to view the personal information we have on you or inquire about the ways in which your personal information has been or may have been used or disclosed by iamClaire within the past year, please contact us at in this e-mail address: support@iamClaire.com. We reserve the right to charge a reasonable administrative fee for retrieving your personal information records.

If you have an account with iamClaire, you may access details of your order by logging into your account on the Platform. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat your iamClaire username, password and order details confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of your iamClaire username, password or order details, except as stated in the Terms of Use.

Security of Your Personal Information

iamClaire ensures that all information collected will be safely and securely stored. We protect your personal information by:

iamClaire uses SSL/TLS (secure sockets layer / transport layer security) encryption technology for processing financial details. All financial information is encrypted through the SSL/TLS. The transmission of sensitive payment information through designated purchase forms in the platform is protected by an industry standard SSL/TLS encrypted connection.
If you believe that your privacy has been breached by iamClaire, please contact us at our e-mail address: support@iamClaire.com.

Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your iamClaire password to anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your personal information and other information submitted to iamClaire. You could also be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately contact us and change your password. You are reminded to log off of your account and close the browser when finished using a shared computer.

Minor

iamClaire does not sell products for purchase by children. If you are under 18 years old, you may use our website only with the involvement of a parent or guardian.

Collection of Computer Data

iamClaire or our authorized service providers may use cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, safer and personalized experience when you use the Services and/or access the Platform.
When you visit iamClaire, our company servers will automatically record information that your browser sends whenever you visit a website. This data may include:

This information is collected for analysis and evaluation in order to help us improve the Platform and the services and products we provide.

Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalize the content to match your preferred interests more quickly, and to make our Services and Platform more convenient and useful to you.

Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.

No Spam, Spyware, or Virus

Spam, spyware or virus is not allowed on Platform. Please set and maintain your communication preferences so that we send communications to you as you prefer. You are not licensed or otherwise allowed to add other users (even a user who has purchased an item from you) to your mailing list (email or physical mail) without their express consent. You should not send any messages which contain spam, spyware or virus via the Platform. If you would like to report any suspicious messages, please contact us at our email address: support@iamClaire.com.

Changes to the Privacy Policy

iamClaire shall regularly review the sufficiency of this Privacy Policy. We reserve the right to modify and change the Privacy Policy at any time. Any changes to this policy will be published on the Platform and transmitted to the email address that you have registered with us.

iamClaire's Right

YOU ACKNOWLEDGE AND AGREE THAT IAMCLAIRE HAS THE RIGHT TO DISCLOSE YOUR PERSONAL INFORMATION TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT OWNERS, IF IAMCLAIRE HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR PERSONAL INFORMATION IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS, REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST IAMCLAIRE FOR THE DISCLOSURE OF YOUR PERSONAL INFORMATION IN THESE CIRCUMSTANCES.

Contacting iamClaire

If you wish to withdraw your consent to our use of your personal information, request access and/or correction of your personal information, have any queries, comments or concerns, or require any help on technical or cookie-related matters, please feel free to contact us (and our Data Protection Officer) at:

8th Flr. BA Lepanto Building, Paseo de Roxas, Makati City, Philippines, 1209
(+632) 810-5466
support@iamClaire.com

TERMS OF USE FOR IAC COMMUNITY

www.iamClaire.com

Welcome to the Website, the website and online service of iamClaire.com, owned by M2 Media Corp., a corporation registered in the Philippines (collectively, "Company", "we", "Platform", or "us"). This Agreement explains the terms by which Website visitors and members ("you") may use for the Company's services and features. The Company provides the services and functions on the site as is and without representation otherwise stated that the platform will be using a third party service provider to fulfill its services. By accessing or using the Company services, the Website and software provided through or in connection with the Website, any mobile versions of the Website, any features and functions by the Company showcased on the Website(collectively, the "Service"), you signify that you have read, understood and agree to be bound by this Agreement, the Company's Privacy Policy and any additional terms and conditions, notices and disclaimers displayed through the Service, whether or not you are a registered user of the Service.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of the terms in this Agreement or any future Terms of Use Agreement, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users and others who access the Service ("Users").

1. Use of the Service

Company grants you permission to use the Service as set forth in this Agreement, provided that:

  1. you will not copy, distribute or disclose any part of the Service in any medium;
  2. you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose;
  3. you will otherwise comply with the terms and conditions of this Agreement;
  4. you will use the Service solely for your personal, non-commercial use, except as agreed to in writing by Company regarding a specific feature of the Service;
  5. you will not use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or Service; and
  6. you will not reformat or frame any portion of the Website.

You do not have to register in order to use the Service (i.e. browsing articles and videos). To access certain features of the Service, though, you will need to register with Company and create a "Member" account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in Company's sole discretion.

You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Company or others due to such unauthorized use.

By providing Company your email address, you consent to Company using the email address in accordance with Company's Privacy Policy.

You agree to comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to use or launch any automated system, including, without limitation, "robots", "spiders", "offline readers", etc., that accesses the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree not to aggregate or collate any of the content available through the Service for use elsewhere. You also agree not to collect or harvest any personally identifiable information, including account names, from the Service, or use the communication systems provided by the Service for any commercial solicitation purposes.

Company may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability if, in Company's sole determination, you violate any provision of the Agreement, including by carrying out any of the following prohibited actions:

  1. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
  2. taking any action that imposes, or may impose in Company's sole discretion, an unreasonable or disproportionately large load on Company's infrastructure;
  3. uploading invalid data, viruses, worms or other software agents through the Service;
  4. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud or hiding or attempting to hide your identity;
  5. interfering with the proper working of the Service; or,
  6. bypassing the measures we may use to prevent or restrict access to the Service.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users or for any User's action or inaction.

You understand and agree that various entities unaffiliated with Company make up the "mobile ecosystem" that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the "Mobile Participants"). Company does not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (a) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (b) the Mobile Participants and their parents, subsidiaries and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (c) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (d) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (e) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (f) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and (g) in the event of any third party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.

2. User Content

Some areas of the Service may allow Users to post feedback, comments, questions, and other information (collectively, "User Content"). Unless otherwise agreed between you and Company in writing, you are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (collectively, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

You agree not to post User Content that:

  1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you, to any other person or to any animal;
  2. may create a risk of any other loss or damage to any person or property;
  3. may constitute or contribute to a crime or tort;
  4. contains any information or content that we believe to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening or otherwise objectionable;
  5. contains any information or content that is illegal;
  6. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  7. contains any information or content that you know is not correct and current or is misleading; or
  8. offers to sell or buy a product or service or creates a link to a third-party website without Company's prior consent.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below) and rights of publicity and privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights and moral rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Company takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content.

You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree that, insofar as the law allows, Company shall not be liable for any damages you allege to incur as a result of such User Content.

3. License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display and make derivative works of all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service, unless otherwise agreed by you and Company in writing.

4. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and User Content (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to submit, comments or ideas about the Service, including, without limitation, about how to improve the Service or Company's products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Idea on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission of an Idea, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.

5. Privacy

We care about the privacy of Company's Users. Please see Company's posted Privacy Policy, which is incorporated herein by reference. By using the Service, you grant Company the right to collect, store, use and/or disclose information in the manner permitted by the Privacy Policy and you are consenting to have your personal data transferred to and processed in the Philippines.

6. Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

7. Intellectual property

7.1 Ownership: The Intellectual Property in and to the Platform and the materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

7.2 Restricted use: No part or parts of the Platform, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 8.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

7.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a "hot" link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

7.4 If you believe that your copyrighted work has been copied in a way that constitutes to copyright infringement and is accessible in the site, please notify the company by e-mailing support@iamClaire.com.

8. Additional Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

  1. You are at least 18 years of age, or if you are under 18 years of age you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
  2. Your User Content and Company's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third-party, including, without limitation, any Intellectual Property Rights, privacy rights and rights of publicity.
  3. Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise.

9. Third-Party Websites, Advertisers or Services

Company may contain links to third-party websites, advertisers or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Company's Privacy Policy do not apply to your use of such websites. You expressly release Company from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on Company, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

10. Indemnity

You agree to defend, indemnify and hold harmless Company, its members, subsidiaries, other affiliated companies or their respective directors, managers, 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) arising from:

  1. your use of and access to the Service, including any data or work transmitted or received by you;
  2. your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties as set forth herein;
  3. your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights;
  4. your violation of any law, rule or regulation of the United States or any other country;
  5. any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or
  6. any other party's access and use of the Service with your unique username, password or other appropriate security code.

11. No Warranty

The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Without limiting the foregoing, to the maximum extent permitted by applicable law, Company, its members, subsidiaries, other affiliated companies and licensors do not warrant that: (a) the content on the Website is accurate, reliable or correct; (b) the Service will meet your requirements; (c) the Service will be available at any particular time or location, uninterrupted or secure; (d) any defects or errors will be corrected; or (e) the Service is free of viruses or other harmful components.

Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

To the maximum extent permitted by applicable law, Company does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through Company or the Service or any hyperlinked website or service, or featured in any banner or other advertising, and Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Company, its members, affiliates, directors, managers, officers, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Company assumes no liability or responsibility for any:

  1. errors, mistakes or inaccuracies of content;
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
  3. any unauthorized access to or use of Company's secure servers and/or any and all personal information stored therein;
  4. any interruption or cessation of transmission to or from the Service;
  5. any programs, bugs, viruses, trojan horses, data or the like that may be transmitted to or through the Service by any third-party;
  6. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
  7. User Content or the defamatory, offensive or illegal conduct of any third-party.

In no event shall Company, its members, subsidiaries, other affiliated companies or their respective directors, managers, employees, contractors, agents, officers and directors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Company in connection with the Services.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from facilities in the Philippines. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

13. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

14. General

You agree that:

  1. the Service shall be deemed solely based in the Philippines;
  2. the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the Philippines;
  3. this Agreement shall be governed by the laws of Philippines, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Philippines to arbitration;
  4. this Agreement, together with any other legal notices and agreements published by Company via the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect; and
  5. no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

15. Arbitration

For any dispute you have with Company, you agree to first contact us and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution. If Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to the Agreement by binding arbitration as set forth below.

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than Php 100,000, the parties agree to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

  1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration;
  2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  3. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is Php 100,000 or more, the parties agree to resolve the dispute through by arbitration. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with the Philippines arbitration rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including but not limited to matters related to data security, intellectual property or unauthorized access to or use of the Service.

16. Notification Procedures

Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as determined by Company in its sole discretion. Company reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement.

17. Disclosure

Company aims to provide unbiased editorial content. However, we want to disclose that (i) we may receive free products from marketers that we sometimes review or discuss in our editorials, (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may receive compensation if you click one of the links on our site and purchase a product or service from iamClaire and/or a third party.

Voucher Terms & Conditions

The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such vouchers are offered for no consideration.

  1. Vouchers are valid only on the iamClaire website.
  2. In order to use the vouchers, voucher codes must be entered at the checkout page.
  3. There are certain restriction for each type of voucher to be used by customers:
    • Customers are only allowed to redeem one voucher per day.
    • Each voucher code can be used only one-time per customer.
  4. iamClaire reserves the right to cancel or modify orders, or revoke the use of voucher codes, where the vouchers were used in the following circumstances:
    1. suspicious or fraudulent voucher use
    2. voucher abuse, including vouchers redeemed using multiple accounts or multiple checkouts associated with the same customer or group of customers; and
    3. voucher used in bad faith (including resold vouchers or use of vouchers by customers purchasing products for re-selling purposes, identified either by
    4. purchase behaviour or business name and address)
  5. Unless otherwise stated, vouchers or other promotional discounts are not valid in conjunction with other tactical promotions or discounts, with the exception of pre-discounted products on iamClaire.
  6. Additional terms and conditions may be specified in relation to specific voucher code (for example, duration, discount amount and products covered), and will govern the use and redemption of those vouchers.
  7. Return/refund of promotional vouchers will not be allowed unless stated by merchant. Refunding of promotional vouchers will only be accepted in the following circumstances:
    1. failed delivery
    2. service/product rendered was not as advertised
  8. In case wrong voucher has been provided (incorrect amount, incorrect conditions/requirements, etc), immediately contact our customer support at support@iamClaire.com for further assistance.
  9. iamClaire vouchers are not exchangeable for cash.
  10. iamClaire reserves the right to change these terms & conditions or cancel any promotions at any time without notice.

Returns & Refund Policy

I. Validity of Return
How long do I have to return my item? You have 7 days from the date of receipt to return your item, if valid for return. Am I eligible for a return? Your return will be accepted only by the following reasons and should meet the enlisted conditions below:

  1. Damaged Item
    1. Complete with free gifts, accessories and in the original packaging.
    2. Tags & labels attached
  2. Defective Item
    1. Complete with free gifts, accessories and in the original packaging.
    2. Not damaged
    3. Tags & labels attached
  3. Wrong Item Delivered
    1. Unused condition
    2. Complete with free gifts, accessories and in the original packaging
    3. Sealed Condition – Except when item cannot be identified whilst still contained in the original packaging
    4. Not damaged
    5. Tags & Labels attached
  4. Missing parts / Item
    1. Unused condition
    2. Not damaged
    3. Tags & Labels attached

What should I do if my return is rejected? At iamClaire, we take utmost care to protect our buyers by ensuring that all products are properly wrapped, packed, and sealed to prevent leakages upon shipment.

For prompt assistance, please email us at customersupport@iamClaire.com.

What are my reimbursement options? There are 3 kinds of reimbursement: voucher, refund, or replacement. Below is the list of options available for each type of reimbursement per return reason.

NOTE:

II. Send E-Mail for Order Returns

Where can I e-mail my return concern? In case of receipt of damaged, defective, wrong item, orders with missing part, and counterfeit orders, e-mail us at customersupport@iamClaire.com within 7 days from the time your item has been delivered.

The e-mail must include the following details:

  1. Order Number
  2. Reason for Return
Detailed instructions for return order will be sent out via an e-mail reply upon receipt of customer return request.

What are the important steps to ensure a successful return?

  1. Indicate the Order Number
  2. Write the reason for return (Be as detailed as possible explaining the reason for returning the item so that our quality control team can conduct the quality check as accurately as possible)
  3. Select your reimbursement option.
    1. Voucher
    2. Refund
    3. Replacement

III. Pack & Drop Off to Preferred Courier Shipping from customer to IAC HQ is to be shouldered by customer.

Do I need to return the accessories and freebies? Yes, you must return the product as well as the freebies and all the accessories contained in the original package.
Non-compliance may result in your return being rejected.

What do I need to put on the box/parcel? You need to print the Online Return label and stick it on the box or parcel that you will return. If you cannot print, write down the Order Number and stick it to the box or parcel you will return.

How do I know if the item has reached iamClaire already? You need to print the Online Return label and stick it on the box or parcel that you will return. If you cannot print, write down the Order Number and stick it to the box or parcel you will return.
You may track the status of your returned item via your courier's Order Tracking tool. Simply enter your tracking number to the courier's order tracking tool.

IV. Wait for Reimbursement

How long will it take before I get my reimbursement? The reimbursement process begins after we have completed the quality evaluation of your returned product.
This process starts as soon as the item is received at our headquarters. It is usually done in 48 hours but may be extended. An email will be sent to you if it requires a longer period of time.

PAYMENT METHOD REFUND OPTION REFUND LEAD TIME (to see
the amount on your bank statement)
Credit Card Credit Reversal
Debit Card Debit Reversal
Cash on Delivery - Cash on Delivery 1-2 Banking Days
- Store Credit 1-2 Banking Days
Store Credit - Store Credit Reversal 1-2 Banking Days

How will you send me my voucher refund number? We will email a voucher code to you using the following iamClaire address: customersupport@iamClaire.com.

How long will it take before I receive my replacement? Once the item has undergone the quality evaluation process, you can expect the replacement to be delivered within the following time frames:
Within Metro Manila: 3-7 working days
Outside of Metro Manila: 5-12 working days
Note: In case of weather disturbances and other natural calamities, please refer to the website for updates as it may take longer to receive your replacement.