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ANOTOYS COLLECTIBLES (Octagrowth Inc.) Membership Terms
Welcome to Anotoys Membership Terms and Conditions (“Terms”). These Terms are between you, our Customer (“You”, “Your”, “Customer”), and Anotoys (“Us”, “We”, “Anotoys”). Please note that your use of the Anotoys website (“Website”) and your membership herein are governed by these Terms, as well as other applicable terms, conditions, limitations and requirements on the Website that will be posted on the Website or made available and/or communicated to you. If you sign-up for a membership, you accept these Terms.
I. Membership Cancellation.
(1) If you sign-up for your membership directly through us, you may cancel your membership any time by visiting your account with us and adjusting your membership settings.
(2) If you cancel within three (3) business days from the day you sign-up to a paid membership with us, we will refund your full membership fee, provided however, that we may charge you (or withhold from your refund) the value of membership benefits used by you and your account during the period of three (3) business days.
(3) If you cancel after the period mentioned above, we will refund your full membership fee only if you and your account did not make any eligible purchases or take advantage of membership benefits since your latest membership charge.
(4) Memberships redeemed through a membership gift code or promotional code are not refundable.
II. Termination by Us.
(1) We may terminate your membership at our discretion, with notice. If we do so, we will give you a pro-rated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that violates these Terms or any applicable law, involves fraud or misuse of the membership, or is harmful to our interest or to any other person.
(2) Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights under these Terms, in law or in equity.
III. Shipping Benefits and Eligible Purchases.
(1) Membership shipping benefits (“Shipping Benefits”) depend upon inventory availability, order deadlines, and in some cases, the shipping address. These benefits are also limited to certain products sold by Anotoys.
(2) Product(s) eligible for Shipping Benefits shall be designated as such on their product pages. Some special product, order, handling fees and/or taxes may still apply when purchasing these product(s).
(3) Certain purchases may only be entitled to standard shipping because of their size, weight and other shipping characteristics. If only some items in your order are eligible for Shipping Benefits, you will pay applicable shipping charges for the ineligible items.
(4) Your membership eligibility might be affected if you place a different shipping address from the address originally recorded under your membership account. A notice to this effect shall be sent to you through your account and/or your e-mail.
IV. Other Limitations.
(1) Anotoys reserves the right to accept or refuse membership in our discretion.
(2) Anotoys may send you an email and other communication related to your membership.
(3) You may not transfer or assign your membership or any membership benefits, including promotion code(s) for membership or benefit(s), except as allowed in these terms.
V. Fees and Renewal.
(1) The annual membership fee is Four Hundred Ninety Nine and Ninety Nine Cents Pesos (PhP 499.99). Taxes may apply on your membership fee. From time to time, we may offer different membership terms, and the fees for such membership may vary.
(2) The membership fee is non-refundable, except as expressly set forth in these
(3) If all eligible payment methods we have on file under you are declined for payment of your membership fee, you must provide us with a new eligible payment method promptly or your membership will be cancelled after five (5) days from notice.
(4) If you provide us with a new eligible payment method within the period provided above and are successfully charged, your new membership period will be based on the original renewal date and not on the date of the successful charge.
(5) You understand that, unless you notify us before a charge that you want to cancel or do not want to renew, your membership will automatically continue, and you authorize us (without notice to you, unless required by applicable law) to collect the applicable membership fee and any taxes, using any eligible payment method we have on record on you.
VI. Agreement Changes.
(1) We may, in our discretion, change these Terms, or any aspect of membership, with due notice to you.
(2) If any change or provision of these Terms is found to be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such change or provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and shall not in any way affect other provisions and circumstances or the validity or enforcement of these Terms.
(3) Your continued membership after due notice to you of the changes in these Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your membership.
VII. Limitation of Liability.
(1) Our liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last membership fee you paid. This limitation of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your membership.
VIII. Force Majeure.
(1) We shall not be deemed in breach of these Terms or otherwise liable by reason of delay in the performance or non-performance of any of our respective obligations under these Terms to the extent that such occurrence, delay or non-performance is due to an act of the member’s negligence, act of nature or any other cause beyond our control.
IX. Governing Law and Jurisdiction.
(1) Any dispute arising in connection with these Terms and interpretation thereof, including any question regarding its existence, validity or termination, shall be governed by, and construed in accordance with, the laws of the Philippines and shall be referred to, and finally resolved by, arbitration in accordance with the Alternative Dispute Resolution Act of 2004 (R.A. 9285).