Terms Of Use
BY ACCESSING OR USING THIS SURESERV WEBSITE (“WEBSITE”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS” OR “TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
Concepcion Business Services, Inc. (“CBSI”, “we”, “us”) knows that your privacy is important. Please refer to CBSI’s Data Privacy Statement in the Website, which explains CBSI’s policy on collection, use and disclosure practices regarding any personal information that may be provided to CBSI.
CBSI may, at its sole discretion, change, add, or delete portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions for changes prior to use of the Website and, in any event, your continued use of the Website following the posting of changes to these Terms and Conditions constitutes your acceptance of any changes.
- The SureServ Website
- The Website is an e-commerce and service request platform developed by CBSI, which allows users to purchase air-conditioning products and other electric appliances, and connect with, and book service technicians, for the installation, maintenance, and/or repair of their air-conditioning products and other electric appliances.
- The Website also serves as a source of information for details of CBSI / SureServ’s products and services. CBSI / SureServ products and services are limited to the ones listed on the Website.
- CBSI will constantly update its SureServ offerings of products and services on the Website. In case of unavailability of a product after submission of an order by a buyer, CBSI shall immediately inform the buyer of the unavailability of the product and the cancellation of the order, through the most appropriate means.
- CBSI cannot and does not guarantee the accuracy or completeness of any information including prices, product images, specifications, availability, and services. CBSI reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Purchases
- If you wish to purchase any product and/or book a service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address, and your shipping information.
- You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CBSI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CBSI has the right to suspend or terminate any Purchase or transaction and refuse any and all current or future use of the Website.
- By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
- CBSI reserves the right to refuse or cancel your order at any time for certain reasons including but not limited to: product availability, errors in the description or price of the product, error in your order or other reasons.
- CBSI further reserves the right to refuse or cancel your transaction if fraud or an unauthorized or illegal transaction is suspected.
- Verification and Payment
- The prices indicated in your order shall not be subject to any variations and, unless otherwise agreed in writing, shall include fulfilment costs (e.g., packaging, storing, taxes, etc.), as well as charges, service fees and risks, if any, related to the fulfilment of the Purchase. Once you have indicated the payment details and the transaction has proceeded as a successful sale, the Purchase will be automatically processed for order fulfilment. Shipping fee will also be presented on a separate line upon check out and will be included in the sum of your total bill.
- Payments may be made through the nominated payment gateway partner of SURESERV. All disputes on payments should be coursed through the payment gateway partner, issuing bank (if credit card), or the channel as to where payment has been made.
- Order fulfilment
- You acknowledge and agree that CBSI’s logistic provider, will be utilized in order to fulfil the delivery.
- Delivery coverage of the products will be limited to specific areas of Greater Metro Manila and selected areas in CALABARZON. Specific covered cities are listed as follows: Batangas, Caloocan, Cavite, Laguna, Las Pinas, Makati, Malabon, Mandaluyong, Manila, Marikina, Muntinlupa, Navotas, Paranaque, Pasay, Pasig, Pateros, Quezon City, Rizal, San Juan, Taguig and Valenzuela.
- Delivery rates may vary, depending on the area of delivery point. Shipping fee will also be presented on a separate line upon check out.
- Delivery will take place based on customer’s specified date after payment confirmation. Shipment will be made in the Shipping Address as indicated by the buyer. You agree that in the event you make changes in the product or shipping details, which changes result in additional charges, then such additional charges shall be for your account.
- CBSI only allows cancellation made within 24 hours upon order. Otherwise, CBSI will process your order accordingly. Order cancellation will not be allowed once CBSI has already processed your orders. This is to prevent any delays in shipment and fraud transaction.
- Buyer will be responsible for all costs incurred to ship the products as well as the outbound cost of any misdelivery [meaning any Purchase which cannot be successfully executed because (a) the delivery address reported is not correct; (b) you are not reachable after various attempts –the number of delivery attempts will be defined by SURESERV; or (c) you refuse and cancel the Purchase when the product is delivered to the address specified on the order] or return of products, including cost of freight and transit insurance. Any costs assessed against or incurred by SURESERV in relation to shipping will be on your account.
- Service fulfilment
- You acknowledge and agree that CBSI’s accredited SureServ partners, will be utilized fulfil the service request.
- Serviceable locations will be limited to specific areas of Greater Metro Manila and selected areas in CALABARZON. Specific covered cities are listed as follows: Batangas, Caloocan, Cavite, Laguna, Las Pinas, Makati, Malabon, Mandaluyong, Manila, Marikina, Muntinlupa, Navotas, Paranaque, Pasay, Pasig, Pateros, Quezon City, Rizal, San Juan, Taguig and Valenzuela.
- Service fee may vary, depending on the nature of service requests.
- Service will take place based on customer’s specified date and time. Service will be made in the service address as indicated by the customer. You agree that in the event you make changes in the service request, which changes result in additional charges, then such additional charges shall be for your account.
- CBSI only allows cancellation made within 24 hours prior the scheduled date and time. Otherwise, CBSI will process service request booking accordingly. Service request cancellation will not be allowed if the SureServ accredited technician are “on the way”. This is to prevent any delays in services and fraud transaction.
- Contests and Promotions
- Any contests or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
- Warranties
- The warranties with respect to a product are as stated in the warranty certificate accompanying the product.
- The warranties, conditions and remedies stated in the warranty certificate of a product are given by the manufacturer in lieu of any other warranties, express or implied. CBSI and its vendors disclaim any implied warranty of merchantability or fitness for a particular purpose or any similar standard imposed by applicable legislation. CBSI’s responsibility to repair, replace, or offer a refund for defective units, parts and related items is the sole and exclusive remedy provided for breach of these warranties.
- Return and Refund
- Return guidelines:
- Return reasons: If the unit is defective, of the wrong size, the wrong item, has missing accessories, or damaged.
- A buyer has to return an item within 7 days from the date of receipt.
- The item must be unused and in the same condition when it was received..
- The item must be in the original, unopened packaging [if applicable].
- The item must be accompanied by the receipt or proof of purchase.
- CBSI will not accept a returned product unless such product is proven defective by an accredited SureServ technician.
- For refunds: Once CBSI receives an item, CBSI will inspect and notify the buyer that CBSI has received the item. CBSI will immediately notify the buyer on the status of the refund.
- If you need to return an item, please contact us via www.sureserv.ph or email us at customerservice@sureserv.ph with your order number and kindly indicate the specific details (i.e. brand, model, color, quantity) of the product you would like to return.
- Return guidelines:
- Product and Service Refund Policy
- Mode of refund will be based on the payment mode used at the time of purchase.
- Refunds may be requested for products purchased from the Website and for booked services in SCHEDULED status.
- Please note that refunds do not apply for services already rendered and/or materials already installed.
- If you encounter erroneous service, as confirmed by accredited SURESERV technicians, then any necessary adjustments and/or replacements will be handled by the SURESERV technicians.
- Refunds will be credited to customer's account within 5-10 no. of business days from the date of your refund request.
- If you need to request for a refund, please contact us via www.sureserv.ph or email us at customerservice@sureserv.ph with your ticket reference number and details about the service booking. We will respond quickly with instructions on how to file a refund request or see FAQ.
- Intellectual Property
- Concepcion Business Services, Inc. Properties. You agree that Concepcion Business Services, Inc. or its affiliates own all rights, title and interest in the Website. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
- Trademarks. CBSI, SureServ and other related graphics, logos, service marks and trade names used on or in connection with the Website are the trademarks of Concepcion Business Services, Inc. and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the website are the property of their respective owners.
- Other Content. You agree that you have no right or title in or to any content that appears on or in the website.
- Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to our benefit.
- Your Profile. Any content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter.
- Indemnity and Limitation of Liability
- You agree to defend, indemnify and hold harmless Concepcion Business Services, Inc. and its licensee and licensors, and their 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), resulting from or arising out of (a) your use and access of the Website, by you or any person using your Account and password, (b) a breach of these Terms and Conditions, (c) violation of any rights of other parties using the Website or (d) violation of any applicable laws, rules, or regulations. You agree that the provisions in this section will survive any termination of your Account, the Terms and Conditions or your access to the website.
- In no event shall we, our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
- Remedies
- Violations. If we become aware of any possible violations by you of these Terms and Conditions, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the website in our possession in connection with your use of the Website, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms and Conditions, (c) respond to your requests for customer service, or (d) protect our rights, property or personal safety and that of our users or the public, and all enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate.
- Breach. In the event that we determine, in our sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the website, we reserve the right to:
- Warn you via e-mail (to any e-mail address you have provided to us) that you have violated these Terms and Conditions
- Discontinue your registration(s);
- Notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which we deem to be appropriate.
- Disclaimer
- Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Concepcion Business Services, Inc., its subsidiaries, affiliates, and its licensors do not warrant that (a) the Website will function uninterrupted, is secure or will be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website is free of viruses or other harmful components; or (d) the results of using the Website will meet your requirements.
- General provision
- Electronic Communications. The communications between you and us use electronic means, whether you visit the website or send e-mails, or whether we post notices on the website or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Release. You hereby release us and our successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of your use of the Website or from these Terms and Conditions.
- Assignment. These Terms and Conditions and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, government restrictions, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Governing Law. These Terms and Conditions shall be construed and enforced in accordance with the laws of the Philippines.
- Waiver. Any waiver or failure to enforce any provision of the Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any provision of the Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms and Conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Entire Agreement. These Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.