RESTRICTIONS ON USE
Materials from www.icecreamparty.ph and any other World Wide Web site owned, operated, licensed, or controlled by Nestlé Philippines, Inc. or any of its related, affiliated, or subsidiary companies (together, "Nestlé") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Nestlé EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Nestlé intellectual property rights. The materials in this site are provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Nestlé. Neither title nor intellectual property rights are transferred to you, but remain with Nestlé, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
TERMS OF DELIVERY
Nestlé reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any order, and/or to refuse any service to any customer for any reason attributable to the unavailability of the items ordered, or other circumstances and conditions beyond the control of Nestlé which would render impossible or delay the fulfillment of its obligations; Provided that such events shall not be caused by any negligence on the part of Nestlé. Notwithstanding the receipt of any order confirmation, whether via electronic mail, facsimile, phone call or otherwise, it is understood by you that the delivery of your order by Nestlé and receipt of the payment corresponding to the same, shall constitute the sole act of final acceptance by Nestlé of such order. Verification of any information may be required prior to the acceptance or delivery of any order.
Upon delivery, you agree to pay in cash all fees and charges incurred in connection with your order, including any and all applicable taxes, at the rate in effect when the charges were incurred.
If you wish to cancel your order prior to delivery, you may call (02) 8986260 or (0920) 6918007. Nestlé, however, reserves the right to refuse cancellation in case order has already been dispatched for delivery prior to receipt of your request. If you are not satisfied with your order, you may direct your concerns to (02) 8986260.
RESTRICTION OF LIABILITY
Nestlé will not be liable for damages of any kind or nature or injury whatsoever caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Nestlé will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Nestlé or an authorized Nestlé representative has been advised of the possibility of such damages, or both. Nestlé’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site, should any such liability be established.
All remarks, suggestions, ideas, graphics, or other information communicated to Nestlé through this site (together, the "Submission") will forever be the property of Nestlé. Nestlé will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Nestlé operations. Without limitation, Nestlé will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Nestlé will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Nestlé or to other entities who are not involved in the operation of this site. Information submitted via a number of areas in this site, for instance, the Nestlé
Ice Cream Party Package Feedback Form, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Nestlé have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, all materials in the Nestlé site are made available only to provide information about Nestlé. Nestlé controls and operates this site from its headquarters in Metro Manila, Philippines and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.
The material in this site could include technical inaccuracies or typographical errors. Nestlé may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Nestlé DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nestlé DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Nestlé DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Nestlé) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Nestlé is an equal opportunity employer committed to a diverse workforce. Nestlé franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
Nestlé or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Nestlé sites, and (b) all related documentation and all copies and installations (together, the "Materials"). Nestlé may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the Philippines, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Nestlé can revise these Terms and Conditions at any time by updating this posting. Nestlé products and services are available in many parts of the world. However, the Nestlé site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Nestlé. Nestlé is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Nestlé of the sites.
All intellectual property, including but not limited to trademarks, service marks, tradenames (collectively the “Marks”) are in this site are proprietary to Nestlé, its licensors or to other respective owners. They may not be used, in any form or manner, or for any purpose without the prior written consent of Nestlé.