Sim Juan

SIMJUAN maintains the simjuan.com Website and its associated smartphone app ("Site"). The following are the terms of use that govern use of the Site ("Terms of Use"). By using the Site you expressly agree to be bound by these Terms of Use and the simjuan.com privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. SIMJUAN reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, SIMJUAN may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

LIMITED LICENSE

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. SIMJUAN may change, suspend, or discontinue any aspect of the Site at any time. SIMJUAN may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

SITE OPERATION

SIMJUAN controls this Site from the Manila Philippines. If you use this Site from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations.

APPLICABLE LAW

The Laws of Manila Philippines shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Philippines.

MULTI-CURRENCY PRICED TRANSACTION

The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt. Where optional extras or VAT applies, the transaction amount will be clarified to you as a user as "Total to pay" to avoid any confusion.

PURCHASES

SIMJUAN accepts payment by Visa or Mastercard debit and credit cards for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider's user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regards to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of SIMJUAN. All refunds will be made onto the original mode of payment.

REPRESENTATIONS BY YOU

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to SIMJUAN through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor / under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by SIMJUAN to do so. The content and software on this Site is the property of SIMJUAN. The cardholder must retain a copy of transaction records and Merchant policies and rules.

YOUR ACCOUNT

If you use SIMJUAN Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

SIMJUAN REWARDS TERMS AND CONDITIONS

SIMJUAN Rewards is a loyalty and promotional program of SIMJUAN. Reward credits accumulated via the program can be used to purchase products and services offered on SIMJUAN website and app. Reward credits are granted for free by SIMJUAN and cannot be purchased independently.

SIMJUAN Rewards is only applicable for users who are signed in and have a SIMJUAN user account. Users who sign-in to SIMJUAN website or mobile app are automatically registered to the SIMJUAN Rewards program and accept the Terms and Conditions listed herein.

Rewards credits are granted for free and are denominated in USD. Rewards can only be used to purchase products and services sold at SIMJUAN app or web. Rewards credit are non-transferrable, non-negotiable, and non-cashable.

Accumulation and utilization of SIMJUAN Rewards credits is subject to business rules determined by SIMJUAN. SIMJUAN reserves the right to amend the rules governing Rewards credit accumulation and utilization rules at any time without prior notice.

SIMJUAN Rewards credits will expire if no purchase is made over a 12-month period.

SIMJUAN can, at its own discretion, partially or fully revoke rewards credits of individual users, or discontinue the Rewards program for all users. No user shall have the right to contest any decision taken by SIMJUAN regarding the SIMJUAN Rewards program or individual or collective rewards credits.

Referral incentive

Referral incentive is part of SIMJUAN Rewards program. It is designed to encourage an existing SIMJUAN customer ('the Referrer') to promote SIMJUAN to a new customer ('the Referee'). Both Referrers and the Referees are rewarded in form of SIMJUAN Rewards credits.

Referral incentives are granted when a person with no previous purchase history logs in and makes a purchase with a previously unused payment card and by entering the Referral Code supplied by the Referrer.
Referral Code use is optional, and the Referee may opt to choose another form of incentive instead. Referral incentives cannot be combined with any other discount, promotion, or incentive.
A referrer can extend the referral incentive to an unlimited amount of referees. A referrer cannot earn rewards credits from more than 10 referees. SIMJUAN offers an affiliate program for larger scale referral operations.
Referral Code can be used only once and only during the first purchase of a new user. Regardless of whether a Referral Code was used by the Referee during the first purchase, it will not be applicable for subsequent purchases.
SIMJUAN can at its own discretion revoke individual customer or group of customers' access to Referral program, if it suspects abuse, fraud, resale or any other unauthorized activity.
No user shall have the right to contest any decision made by SIMJUAN concerning any aspect of the SIMJUAN Rewards program and Referral incentive sub-program, interpretation of these Terms and Conditions, or the determination as to the qualification of entries.

NO COMMERCIAL USE

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain SIMJUAN's prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. SIMJUAN will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

COPYRIGHT POLICY

SIMJUAN may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY

Although SIMJUAN is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through COMPANY's system. The On-line Materials are SIMJUAN's intellectual property, and are protected by international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of SIMJUAN, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of SIMJUAN. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in SIMJUAN. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On-line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with SIMJUAN.

DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES

SIMJUAN MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. SIMJUAN ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. SIMJUAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF SIMJUAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF SIMJUAN WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE

You understand and agree that in SIMJUAN's sole discretion, and without prior notice, SIMJUAN may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if SIMJUAN believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of SIMJUAN, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to SIMJUAN for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. SIMJUAN may release user information about you if required by law or subpoena.

INDEMNITY

You agree to indemnify and hold SIMJUAN, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

LICENCE GRANTED TO YOU

By providing materials to SIMJUAN, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted SIMJUAN an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. SIMJUAN may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against SIMJUAN for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to SIMJUAN. Any communication or materials you send to SIMJUAN will be treated as non-confidential and non-proprietary and may be disseminated or used by SIMJUAN for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. SIMJUAN is not responsible for the acts or omissions of any advertiser or sponsor.