Terms and Conditions
1. ACCEPTANCE OF TERMS
These Terms and Conditions (“Terms”) govern your use of the website located at www.automax.com.ph (“the Site”), which is owned and operated by Pacific Paragon Corporation, a business registered in the Republic of the Philippines. While we primarily serve the Philippine market, we welcome customers from around the world. These Terms are designed to comply with Philippine law while also addressing the needs of our international users.
By accessing, browsing, or using the Site, or by purchasing any products or services offered through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Site.
We reserve the right to refuse service to anyone for any reason at any time.
2. MODIFICATIONS TO TERMS
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms at any time without prior individual notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Material changes will be effective 30 days after they are posted on this page. Non-material changes (e.g., clarifications, typographical corrections) take effect immediately upon posting.
We will notify you of material changes by:
- Posting a notice on the Site; and/or
- Sending an email to the address you provided (if you have an account).
3. ELIGIBILITY AND USER ACCOUNTS
3.1 Age Restriction
You must be at least 18 years old (or the age of majority in your jurisdiction) to use this Site or make a purchase. By using the Site, you represent and warrant that you meet this requirement.
3.2 Account Registration
To access certain features (e.g., placing orders, booking services), you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.3 Account Security
You are solely responsible for safeguarding your password and for all activities that occur under your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.4 Right to Terminate
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, with or without notice.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pacific Paragon Corporation or its content suppliers and is protected by Philippine and international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Brand Names and Trademarks
All trademarks, service marks, logos, brand names, and trade names appearing on the Site or on our products, packaging, or promotional materials (collectively, “Our Marks”), whether registered or unregistered, are the exclusive property of Pacific Paragon Corporation, its affiliated companies, or its licensors. Our Marks include, but are not limited to: AutoMax, Power Your Performance; SPORTech, Elevating Your Drive; Purfresh, Your Space, Your Story; Happy Tails, Happy Pets, Happy Tails; Viking, Reliably Tough.
4.3 Ownership Acknowledgment
You acknowledge and agree that:
- All rights, title, and interest in and to Our Marks are and shall remain our exclusive property;
- You shall not acquire any right, title, or interest in or to Our Marks by using the Site or purchasing our products or services;
- All goodwill arising from any use of Our Marks shall inure solely to our benefit.
4.4 Restrictions on Use of Brand Names and Trademarks
You may not:
- Use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of Our Marks in any way, including in advertising or publicity, without our prior written consent;
- Use any of Our Marks on any other website or network computer environment, or create links, hypertext links, or deep links between the Site and any other internet site, without our express written consent;
- Apply for, register, or claim any interest in any trademark, service mark, domain name, or trade name that is identical or confusingly similar to any of Our Marks;
- Create any combination marks or derivative works using Our Marks;
- Take any action that would diminish the value of Our Marks or harm our reputation or goodwill.
4.5 No Contest
You agree not to contest, dispute, or challenge our ownership of, right to use, or title to Our Marks at any time, in any jurisdiction, whether directly or indirectly.
4.6 Reservation of Rights
All rights not expressly granted to you in these Terms are reserved by us. No license, right, or interest in Our Marks is granted to you except as expressly stated in this Section.
4.7 Limited License
Except as expressly set forth in this Section, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include any resale or commercial use of the Site or its contents.
4.8 Trademark Notices
We may use the following notices to indicate our rights in Our Marks:
- The â„¢ symbol indicates that a mark is claimed as a trademark or service mark;
- The ® symbol indicates that a mark is registered with the Intellectual Property Office of the Philippines (IPOPHL) or other relevant authority.
4.9 Third-Party Trademarks
All third-party trademarks, service marks, and trade names appearing on the Site are the property of their respective owners. Unauthorized use of any third-party trademark is strictly prohibited.
5. USER-GENERATED CONTENT
5.1 License to Use
If you post, upload, or submit content (including product reviews, testimonials, questions, or comments) to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
5.2 Your Warranties
You represent and warrant that:
- You own or otherwise control all the rights to the content that you post;
- The content is accurate and not misleading;
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and
- You will indemnify us for all claims resulting from content you supply.
5.3 Right to Remove
We reserve the right (but not the obligation) to monitor, edit, or remove any content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
6. PROHIBITED ACTIVITIES AND USES
You agree not to use the Site, or any of its contents, to:
- Violate any applicable local, state, national, or international law or regulation;
- Engage in any unlawful, fraudulent, or deceptive transaction or scheme (including money laundering);
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Transmit, or procure the sending of, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, or transmit any material that contains software viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- Harass, threaten, intimidate, abuse, or defame any other user or any of our employees or representatives;
- Collect or store personal data about other users without their explicit consent.
7. ORDERS, PAYMENT, AND PRICING
7.1 Order Acceptance
All orders placed through the Site are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to:
Limitations on quantities available for purchase;
Errors in product or pricing descriptions;
Issues identified by our fraud detection systems;
Inability to verify payment or shipping information.
If we cancel your order after payment has been processed, we will issue a full refund to your original payment method.
7.2 Pricing Errors
In the event that a product or service is listed at an incorrect price, we reserve the right to cancel or refuse any orders placed at the incorrect price, even if the order has been confirmed or payment has been processed. If your payment has been processed and we cancel your order, we will issue a full refund to your original payment method.
7.3 Payment Methods
We accept payments via Credit/Debit Cards, GCash, Maya, PayPal, Bank Transfer. You represent and warrant that you have the legal right to use any payment method you provide.
7.4 Pricing and Currency
All prices are listed in Philippine Pesos (PHP). If you are placing an order from outside the Philippines, your payment provider may apply currency conversion fees, which are your sole responsibility.
For international customers, we may, at our discretion, display prices in your local currency for convenience. However, the final charge will be processed in Philippine Pesos, and the exchange rate applied will be determined by your payment provider or bank.
7.5 Chargebacks
If you initiate a chargeback or payment dispute, we may suspend your account and any pending orders pending investigation. If the chargeback is resolved in our favor, you agree to reimburse us for all costs incurred, including bank fees, administrative costs, and legal fees, associated with the dispute.
8. MANDATORY DISCLOSURES FOR PHILIPPINE CONSUMERS
8.1 Prior to concluding a purchase, Philippine consumers shall be provided with the opportunity to:
- Review and accept or reject these Terms and Conditions;
- Identify precisely the product or service they wish to purchase;
- Identify and correct any errors or modify their order;
- Retain a record of any purchase, order confirmation, or acceptance of an offer made.
8.2 The following information shall be provided to Philippine consumers in a clear and accessible manner before a purchase is concluded:
- Price tag of the product or service and the applicable currency;
- All additional costs not included in the price (delivery, postage, handling, insurance, shipping charges, taxes, customs fees);
- Any restrictions, limitations, or conditions of purchase;
- Available payment methods and their security features;
- Terms of delivery;
- Mandatory safety and health care warnings (if applicable to the product);
- Details about termination, return, exchange, cancellation, and refunds;
- Details about any cooling-off period or right of withdrawal;
- Details about any available warranties and guarantees;
- Details about after-sales service.
8.3 In compliance with the Consumer Act of the Philippines (Republic Act No. 7394), we do not employ any “No Return, No Exchange” policy or any words to that effect in our contracts of sale, receipts, or any document evidencing a sale.
9. CONSUMER PROTECTION AND NON-WAIVER OF RIGHTS
9.1 Nothing in these Terms shall be construed as a waiver of any non-derogable rights you have under Philippine consumer protection laws, including but not limited to the Consumer Act of the Philippines (Republic Act No. 7394) and its implementing rules and regulations.
9.2 Under Philippine law, sellers are prohibited from requiring consumers to waive any of their rights and remedies under the Consumer Act without first informing them that such rights and remedies are available. This provision serves as such notice.
9.3 If any provision of these Terms is found by a Philippine court to be contrary to law, morals, good customs, public order, or public policy, it shall be severed, and the remaining provisions shall continue in full force and effect.
9.4 For international users, nothing in these Terms waives any mandatory consumer protection rights you have under the laws of your country of residence that cannot be waived by agreement.
10. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party sites.
We strongly advise you to read the terms and conditions and privacy policies of any third-party sites you visit.
11. DATA PRIVACY AND CONSENT
11.1 By using the Site, you consent to the collection, processing, and storage of your personal data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy is available on (Privacy Policy).
11.2 For Philippine Users
Your personal data is processed in compliance with Republic Act No. 10173, the Data Privacy Act of 2012. You have the right to access, correct, and object to the processing of your personal data as outlined in our Privacy Policy. Your consent to data processing must be freely given, specific, and informed. We ensure that our Privacy Policy is written in clear and plain language, is easily accessible, and informs you of the specific nature, purpose, and extent of the processing of your personal data.
11.3 For International Users
We process your personal data in accordance with applicable data protection laws in your jurisdiction. You have the rights granted to you under your local data protection laws, including the right to access, correct, delete, or restrict the processing of your personal data. If you are in the European Economic Area, you have additional rights under the General Data Protection Regulation (GDPR), which are detailed in our Privacy Policy.
11.4 Data Security
We implement reasonable physical, technical, and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.
12. DISCLAIMER OF WARRANTIES
12.1 “AS IS” and “AS AVAILABLE”
THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 No Guarantees
WE DO NOT WARRANT THAT:
- THE SITE WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY ERRORS OR DEFECTS WILL BE CORRECTED;
- THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
- THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.3 Product Descriptions
We attempt to be as accurate as possible with product descriptions, images, and specifications. However, we do not warrant that product descriptions, images, or other content on the Site are accurate, complete, reliable, current, or error-free. Product colors may vary depending on your monitor or screen settings.
12.4 Consumer Rights
Nothing in this disclaimer affects your statutory rights as a consumer under applicable law, including the Consumer Act of the Philippines (Republic Act No. 7394).
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PACIFIC PARAGON CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR USE OR INABILITY TO USE THE SITE, PRODUCTS, OR SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
- THE DELIVERY, NON-DELIVERY, OR DELAY IN DELIVERY OF ANY PRODUCTS OR SERVICES; OR
- ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE, PRODUCTS, OR SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100.00) OR ITS PHILIPPINE PESO EQUIVALENT, IF NO PURCHASE WAS MADE.
Nothing in this limitation of liability affects your statutory rights as a consumer under Philippine law or the laws of your country of residence.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Pacific Paragon Corporation and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of the Site;
- Your violation of these Terms;
- Your violation of any rights of any third party; or
- Any content you post or submit to the Site.
15. FORCE MAJEURE
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by events beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters (typhoons, floods, earthquakes, volcanic eruptions);
- War, terrorism, riots, embargos, civil commotions;
- Labor strikes or industrial disputes;
- Fires, explosions, or accidents;
- Pandemics, epidemics, or public health emergencies;
- Government orders, laws, regulations, or restrictions;
- Power outages, internet service provider failures, or telecommunications failures;
- Any other event that is beyond our reasonable control.
If a force majeure event occurs, we will notify you as soon as reasonably practicable and take reasonable steps to minimize the impact on our performance.
16. TERMINATION AND SUSPENSION
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to:
- Breach of these Terms;
- Fraudulent or unlawful activity;
- Non-payment of amounts due;
- If we decide to discontinue the Site or any portion thereof.
Upon termination:
- Your license to use the Site immediately ceases;
- You must cease all use of the Site;
- You must delete or destroy any copies of Site content in your possession.
Sections regarding Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law shall survive termination.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Mandatory Arbitration
Except for disputes relating to the enforcement of our intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of the Site, shall be finally resolved by binding arbitration. This agreement to arbitrate is made pursuant to Republic Act No. 9285, the Alternative Dispute Resolution Act of 2004.
17.2 Arbitration Rules and Venue
The arbitration shall be conducted in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI), or such other mutually agreed-upon arbitration institution. The arbitration shall be held in Cavite, Philippines and the language of the arbitration shall be English or Filipino.
17.3 Governing Law for Arbitration
The arbitration proceedings shall be governed by the laws of the Republic of the Philippines, including the ADR Act and, for domestic disputes, Republic Act No. 876. The arbitral tribunal shall apply Philippine law to the substance of the dispute.
17.4 WAIVER OF CLASS ACTION AND CLASS ARBITRATION
YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION IN THE PHILIPPINES OR ANY OTHER JURISDICTION.
If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement shall be void, and the dispute shall be resolved in the proper courts of Cavite, Philippines.
17.5 Consumer Disputes
If you are a consumer, this arbitration clause does not waive any non-derogable rights you have under Philippine consumer protection laws, including the Consumer Act of the Philippines (Republic Act No. 7394). Should any provision of this arbitration agreement be found to be contrary to law, morals, good customs, public order, or public policy, it shall be severed, and the remaining provisions shall continue in full force and effect.
17.6 Small Claims
Either party may seek relief in the proper small claims court in the Philippines for disputes that qualify under its rules, without the need for arbitration.
17.7 Costs
Each party shall bear its own costs and attorneys’ fees, unless the arbitrator determines that the claim was frivolous or brought in bad faith.
18. GOVERNING LAW AND JURISDICTION
18.1 For All Users
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. By using this Site, you agree to submit to the exclusive jurisdiction of the courts of Cavite, Philippines for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
18.2 For Philippine Users
If you are accessing the Site from the Republic of the Philippines, these Terms are designed to comply with Philippine law, including the Consumer Act of the Philippines (Republic Act No. 7394) and the Data Privacy Act of 2012 (Republic Act No. 10173). Your statutory rights as a Philippine consumer are fully preserved under these Terms.
18.3 For International Users
If you are accessing this Site from outside the Philippines, you acknowledge and agree that:
- You are doing so voluntarily and at your own risk;
- These Terms are governed by Philippine law, and any disputes shall be resolved in Philippine courts;
- You are responsible for complying with all local laws in your jurisdiction, including import/export regulations;
- We make no representation that the Site or its content is appropriate or available for use in locations outside the Philippines;
- If you are a consumer in a jurisdiction that requires the application of your local law or the jurisdiction of your local courts, such mandatory consumer protection laws shall apply to you to the extent required and cannot be waived.
19. INTERNATIONAL ORDERS AND CROSS-BORDER ACKNOWLEDGMENT
19.1 While our primary market is the Philippines, we are pleased to serve international customers as well. If you are ordering from outside the Philippines, the following additional terms apply.
19.2 Customs and Import Duties
All customs duties, import taxes, and other fees imposed by your country’s customs authority are your sole responsibility. We have no control over these charges and cannot predict them. Please check with your local customs office before placing an order.
19.3 Customs Seizure or Delay
If your order is seized, delayed, or destroyed by customs in your country, we are not liable for any resulting loss. If you refuse to pay customs fees and the package is returned to us, we may deduct return shipping and handling costs from your refund.
19.4 Cross-Border Acknowledgment
By placing an international order, you acknowledge that:
- You are doing so voluntarily and at your own risk;
- You are responsible for ensuring that the products you order comply with the import laws of your country;
- You have obtained all necessary licenses or approvals for the import of those goods;
- We make no representation that the Site or its content is appropriate or available for use in locations outside the Philippines.
19.5 Export Compliance
If you purchase goods for export from the Philippines, you represent and warrant that you have obtained all necessary licenses and approvals for the import of those goods into your country.
19.6 International Shipping
For international orders, delivery times are estimates and are not guaranteed. We are not liable for delays caused by customs clearance, international carriers, or force majeure events.
20. TAXES AND WITHHOLDING
20.1 All prices are exclusive of taxes, duties, or similar charges unless otherwise stated. Philippine value-added tax (VAT), if applicable, will be indicated at checkout.
20.2 You are responsible for all taxes arising from your purchase or use of our services, including but not limited to sales, use, consumption, value-added, goods-and-services, business, duties, and any similar taxes imposed by your jurisdiction.
20.3 If we are required by law to withhold taxes on payments to you (e.g., if you are an international supplier or service provider), we will do so in accordance with applicable Philippine tax laws, including the National Internal Revenue Code of the Philippines.
21. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall continue in full force and effect.
22. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and Shipping, Payment & Returns Policy, constitute the entire agreement between you and us regarding the use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written.
In the event of any conflict or inconsistency between these documents, these Terms shall prevail.
23. WAIVER
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in the future. Any waiver must be in writing and signed by an authorized representative of Pacific Paragon Corporation.
24. NOTICE
All notices, requests, and other communications to us under these Terms must be in writing and sent to us via email: marketing@pacificparagon.net.
Notices sent by email shall be deemed received on the date of transmission, provided that no bounce-back or delivery failure notification is received. Notices sent by mail shall be deemed received (5) five business days after posting.
25. LANGUAGE
These Terms are originally drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
26. CONTACT US
If you have any questions about these Terms, please contact us at:
- Email: marketing@pacificparagon.net
- Phone: +639988892952
- Business Hours: Monday – Friday, 9:00 AM – 6:00 PM PHT
For customer service inquiries related to orders, shipping, returns, or service bookings, please include your order number or booking reference in all correspondence.
