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Terms & Conditions

The ITOOH Website (www.shopitooh.com) is operated by ITOOH E-FURNITURE AND DESIGN INC. (ITOOH). These “Terms & Conditions,” “Terms of Use,” or “Terms'' are here to give you an idea of the specific parameters, restrictions, and guidelines by which the ITOOH Website can be used. By visiting or purchasing something from the ITOOH Website, and/or by accessing or using any other media form, media channel related, linked, or otherwise connected thereto (collectively, the “Site”), you agree to be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Website, including without limitation browsers, vendors, customers, merchants, and/ or advertisers or contributors of content.

I. AGREEMENT TO TERMS

You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree, you are expressly prohibited from using the Website and you must discontinue use immediately.

Any new features or tools added to the Website shall also be subject to the Terms of Use. The most current version of the Terms & Conditions can be viewed at any time on the Website. ITOOH, however, reserves the right to update, change or replace any provision by posting notices of updates and/or changes on its Website. Your continued use of or access of the Website following the posting of any notice of changes constitutes an express acceptance of those changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

II. DEFINITION OF TERMS

Unless the context otherwise requires, the following expressions shall have the following meanings:

  1. “ITOOH” refers to ITOOH Homestyle, the Website including all pages and features therein operated and owned by ITOOH E-FURNITURE AND DESIGN INC. and can be accessed using the following URL: www.shopitooh.com
  2. “ITOOH” is a corporation owned by ITOOH E-FURNITURE AND DESIGN INC. registered under Philippine laws
  3. “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
  4. “Account” as used in this notice refers to the user profile created by the User and/or Customer, in order to avail of any of ITOOH’s products or services
  5. “Password” refers to the valid password that a User who has an account with ITOOH may use in conjunction with their -mail address to access ITOOH and/or its Services.
  6. “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, email address, billing address, shipping address, phone number, and credit card information.
  7. “Customer” is a User who registered and created an account by providing information, including his/her name, email address, residence, and/or phone number, and has created and submitted a username and password.
  8. “Merchant” is the term used for all entities selling their products on the ITOOH marketplace. We use the term “Family” when describing them collectively (i.e. Family of Merchants, Family of Homestyle Brands, Family of Craftsmen) as opposed to referring to them as our merchant base
  9. “Product'' is the term we use for all available items sold on the ITOOH marketplace. This includes “Made to Order” (MTO) items. Product is the collective term we use for all “Furniture”, “Furnishings”, “Home Pieces”, “Accents”, “Accessories”, and other item categories on our category tree.
  10. “Services” means services, information and functions made available by ITOOH Homestyle.
  11. “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on ITOOH’s Website, apps, emails, social media, corporate stationery, and marketing collateral including ITOOH’s trademark, which is property of ITOOH.
  12. We use the term “homestyle” for everything related to home design & the interior space
  13. “Grupo Santamaria'' is our interior design service provider; ITOOH offers “Design Packages'' sold in partnership with their firm; “Designer” refers to a Grupo Santamaria representative handling a “Design Project”.
  14. ITOOH Homestyle also sells “Artworks” done by local artists, including but not limited to: "Paintings", "Sculptures", "Posters", "Drawings", "Photography", "Antiques" and "Collectibles".
  15. “Ask Amor” is the composite personality designated as the voice behind ITOOH Homestyle’s Chat Helpline.
  16. "Courier" is the term we use for the person delivering your ITOOH order. They are the ones handling your parcel and delivering them straight to your doorstep.

III. GENERAL CONDITIONS

The ITOOH Website (www.shopitooh.com) is an online e-commerce platform that sells products and services. As an ITOOH Customer, you agree not to:

  1. Access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
  2. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the services offered, the use and access to and around the Website and its services or otherwise use the same for any other unlawful, illegal or immoral unauthorized purpose.
  3. Transmit any worms or viruses or any code of a destructive nature intended to disrupt the Website’s operations, extract confidential information or otherwise for any immoral or illegal purposes
  4. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
  5. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  6. Use the Site to advertise or offer to sell goods and services.
  7. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  8. Engage in unauthorized framing of or linking to the Site.
  9. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  10. Make improper use of our support services or submit false reports of abuse or misconduct.
  11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Sell or otherwise transfer your profile..
  15. Use any information obtained from the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender identity, sexual orientation, religion, ethnicity, race, color, age, national origin, disability, or any other characteristic protected under applicable law
  16. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
  17. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any a portion of the Site.
  19. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any the portion of the Site to you
  20. Delete the copyright or other proprietary rights notice from any Content
  21. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  22. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  23. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
  24. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software
  25. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  26. Use the Site in a manner inconsistent with any applicable laws or regulations.

In addition to other prohibitions as set forth in these Terms of Use, it is also prohibited to use the Website or its content: (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any domestic or international rules, laws, or local ordinances; (d) to infringe upon or violate ITOOH’s intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (g) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) for any obscene or immoral purpose.

ITOOH reserves the right to modify the contents of this Website at any time and that it is the User’s responsibility to monitor changes to the Website. However, ITOOH has no obligation to update any information on the Website.

These Terms of Use are effective and shall continue to be in effect unless otherwise terminated or modified by ITOOH. The date of effectivity any revised Terms of Use shall be stated on the version of the Terms of Use being currently viewed.

Any breach or violation of any of the Terms of Use will result in an immediate and permanent ban on availing of the services, without prejudice to any other right or remedy available under law or equity.

IV. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Your submission of personal information is governed by ITOOH’s Privacy Policy. Click here to view our Privacy Policy

V. USER REPRESENTATIONS

The products and services offered in the Website are not intended for purchase by anyone under the age of majority, and which is eighteen (18) years of age in the Philippines. By accessing the Website and purchasing any of its products or services, you represent that you are at least the age of majority in the jurisdiction in which you reside.


By using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms of Use;
  4. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  5. you will not use the Site for any illegal or unauthorized purpose;
  6. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

VI. PRODUCTS & SERVICES

ITOOH aims to provide you with the most correct and accurate information regarding the products and services offered on the Website. Occasionally, however, there may be information on the Website that contains inadvertent typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. ITOOH reserves the right to correct any unintentional errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in any services or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

While we aim to display and describe all products as accurately as possible, your view of colors and images of products in the Website may be affected by the monitor display of your computer screen, smartphone or tablet. That said, the actual color of items may differ from what is displayed.

ITOOH undertakes, as soon as practicable, to update, amend or clarify information regarding the services/products, promotional services for products offered, or on any related information on the Website, including without limitation, pricing information. This information are subject to change without notice

Some of the materials in this Website are provided for general information only and can contain or reflect the personal preferences and opinions of the Website’s owners, content managers, editors, etc. You are still encouraged to consult other sources to arrive at the most accurate, complete, and informed opinion.

Certain products or services may be available exclusively online through the Website. These products or services have limited quantities and are not subject to any reservations except as otherwise provided in any promotional mechanics or offer. All purchases are subject to ITOOH’s Returns & Replacements Policy, which can be seen here.

ITOOH reserves the right, but is not in any way obligated, to (i) limit the sales of products or Services to any person, geographic region, or jurisdiction; (ii) to limit the quantities or even discontinue any products or services that are offered. ITOOH reserves the right to exercise these prerogatives, together with all other rights provided in these Terms of Use on a case-by-case basis. ITOOH reserves the right at any time to modify or discontinue any product or service being offered (or any part or content thereof) without notice at any time. ITOOH shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any product or service being offered.

It is understood that any offer for any product or service made on the Website is void where it is prohibited.

ITOOH’s aim is to sell to final users or consumers. For this purpose, ITOOH reserves the right to limit orders and/or quantities that, in ITOOH’s sole judgment, appear to be placed by dealers, resellers, or distributors. These restrictions may be placed on orders under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address or any other circumstance which arouses ITOOH’s suspicion.

In the event that ITOOH makes a change or cancels an order, ITOOH will promptly notify you through the email and/or billing address/phone number provided at the time the order was made and in accordance with these Terms of Use.

  1. MADE-TO-ORDER ITEMS
  2. ITOOH Homestyle offers product customization and made-to-order (MTO) requests for select items with a standard delivery timeline of 15 to 60 days. These requests are classified under two kinds:

    1. The first one pertains to simple changes on standard items such as, but not limited to, a different type of knob, a change in the wood finish, or replacing an existing fabric with a different one. In the instance a request is not offered in the product info, it will be subject to the manufacturer's approval.
    2. The second involves a custom-made order for a completely new design that may or may not be inspired by an item featured on ITOOH. Our made-to-order request form can be accessed via chat helpline. This shall be processed by ITOOH on the User's behalf and is subject to the following Terms:
      1. Users may request for a price quote but the initial pricing is not guaranteed as it might marginally vary once the final product is ready.
      2. A sketch will be provided upon request. Sketch dimensions are approximate in nature and the actual product dimensions may vary at the time of actual making of the product. The dimensions mentioned on the sketch are for guidance purposes only
      3. All product specifications must be clearly shared with ITOOH
      4. We do not accept cancellation, refund, alteration or replacement of made to order products at any cost
      5. All custom-made orders must be secured by a non refundable 50% deposit. Pictures of the final product will be shared prior to delivery.
      6. Our customer service will contact you one week before the scheduled delivery to settle the remaining balance. Failure to settle will result in forfeiting of the deposit.
  3. INTERIOR DESIGN SERVICES
  4. To book an Interior Design Service Package, you may first answer ITOOH’s style quiz here or check out the packages offered instead. Once okay, the Customer must sign up and create an ITOOH account to check out. Payment will then be collected once the account is verified. After payment, the Customer will be asked to fill out a detailed assessment via email.

    ITOOH’s Interior Design service provider is Grupo Santamaria. Grupo Santamaria will work with ITOOH's Customers directly upon purchase of an ITOOH design package. ITOOH Design Packages include a concept board, a floor plan, an interior furnishing schedule, and an online assessment. More details on ITOOH Design Packages can be found here.

    Design Package lead times vary from 2 weeks to 2 months, depending on the scope of work and on how long it takes for the client to approve. ITOOH Design Packages are non-refundable and non-convertible to cash. The Customer is not allowed to revise his or her answers to the online assessment after submission. Design Packages do not include in-person consultation, unless otherwise stated in the Package terms. Design Package upgrades are subject to lead time, availability of items, lockdown restrictions (just a suggestion, you may reword), Designer schedule, and pricing adjustments.

    All transactions shall be done thru virtual means unless otherwise stated in the Design Package purchased. The Customer can request for a revision on their mood board/floor plan output within the allowable revision allowance indicated per package. Design Packages are non-transferrable, are not allowed for resale, and cannot be used in conjunction with other voucher promotions

    For the Design Project, Grupo Santamaria shall develop interior furnishing specifications that may include coloration, fabrics, lighting, and furnishings as required. This does not include contractor services, landscape design, or architectural works. Both ITOOH and Grupo Santamaria cannot guarantee cost estimates of furniture, lighting, and accessories, interior installation, or other services not performed by both parties. Merchant pricing is subject to change and is beyond the control of both ITOOH and Grupo Santamaria.

    Grupo Santamaria’s submissions are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Design services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Design Project. Grupo Santamaria shall not be held liable for relying on the accuracy of information provided by the Customer.

    ITOOH shall retain ownership of the design, including but not limited to: drawings, renderings, sketches, samples, and other materials prepared by Grupo Santamaria for the Project. Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in design. The Customer shall not share or use the design as additions to any other project without explicit written permission of ITOOH. Design Project drawings and documents cannot be used by the Customer for any purpose other than the completion of Design Project by Grupo Santamaria, as laid out in these Terms

    Grupo Santamaria is not a general contractor and does not provide contractor services. If a Design Project requires contractors and/or consultants to perform work based on Designers concepts, the Customer is advised to enter a contract directly with each contractor and/or consultant. Grupo Santamaria provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Contractors, nor their agents or employees. Grupo Santamaria shall cooperate with and observe Consultants for the purpose of general conformity of the design plan but is not responsible for their oversight.

    The Customer agrees to allow ITOOH to photograph the Design Project during all stages including when the Design Project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. Designer will not disclose the address or Customer’s name without prior consent. Costs of photographs and publicity are the responsibility of ITOOH. Additionally, if Customer or Customer's agents document the Design Project, ITOOH shall be given credit as the designers if documentation is released publicly.

    ITOOH, Grupo Santamaria or the Customer can terminate design service agreements by notifying the other party in writing. Customers will be responsible for any outstanding reimbursable charges and fees. All in-process proposals and orders will be completed by ITOOH and delivered to Customers. If a balance remains in Customer’s account, the amount will be refunded less any outstanding reimbursable charges or design fees. The Customer agrees to take no action which is intended, or would reasonably be expected, to harm ITOOH's or Grupo Santamaria’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to both ITOOH and Grupo Santamaria.

  5. PAYMENT POLICIES
  6. click hereto learn more about the forms of payment accepted on ITOOH. For payment, you agree to shoulder all charges of the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

    You understand that your content and non-personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. However, rest assured that all credit card information is always encrypted during transfer over networks.

    You agree to provide current, complete and accurate purchase and account information for all purchases made through ITOOH’s Website. To ensure that all transactions are completed and fulfilled, you shall promptly update your account and other information, including your email address and credit card numbers and expiration dates.

  7. PRICE MATCH GUARANTEE
  8. ITOOH items are priced based on the value they bring to your space. That being said, and in full confidence with our pricing methods, we allow price-matching of identical in-stock products sold on other local online retailers at a lower price.


    The following limitations apply:

    1. Item must come from the same brand, merchant, or manufacturer
    2. be identical (i.e. same size, same model, same SKU, same quantity, same brand, same name, same color)
    3. Item must be in-stock at the online retailer's Website and on ITOOH at the time of the price match request
    4. ITOOH will not price match purchases for resale
    5. ITOOH will not offer rain-checks for items that are not currently in stock

    ITOOH will not match: (a) discounts applied in checkout; (b) offers advertised as percentage off or dollar (e.g. "15% off"or "$5 off"); (c) auction prices or those requiring memberships; (d) prices that cannot be determined independent of other items, e.g., fees, shipping charges; (e) bundle offers, rebates, coupons, mail-in-offers, offers that include financing; (f) prices that require a minimum quantity purchase; (g) items that other retailers have listed as clearance, close out, liquidation, special hour/flash/limited quantity offers; (h) damaged, used, or refurbished items; (i) price errors; (j) in-store prices; (k) prices as a result of pickup discounts; and (l) price matches to other retailers for prices shown on special holiday sales.

    To submit a price match request, click here. You may also send a price match request before purchase via online chat. For this, we will need you to send a live link to the other online retailer's Website showing the lower price you want us to match. ITOOH reserves the right to check & verify the advertised price for all price match requests. ITOOH Homestyle has the final decision for matching an online price.

  9. FORCE MAJEURE
  10. ITOOH shall not be liable if and to the extent that its delay or failure to perform its obligations is exclusively caused by force majeure and without its fault or negligence either prior, during or subsequent to the happening of the force majeure.

    “Force majeure” means an unforeseeable event, or even if foreseeable is inevitable, and is outside the control of any Party and which effectively prevents the performance of ITOOH’s obligations. Force majeure under this Section shall include but not be limited to wars, revolutions, fires, floods, epidemics, pandemics, quarantine restrictions and other analogous or similar circumstances.

  11. WARRANTY
  12. The extent of ITOOH’s warranty is subject to its Return and Exchange Policy provided in connection with the products or services. To the fullest extent permitted by applicable law, ITOOH disclaims all other warranties and representations, whether express or implied, including, but not limited to, any implied warranties of merchants, fitness for a particular purpose, and any warranties arising out of course of dealing or usage of trade

VII. LICENSE

Unless otherwise stated, ITOOH and/or its licensors own the intellectual property rights for all material on relating to ITOOH and the Website. All intellectual property rights are reserved. You may view and/or print pages from https://www.ITOOH.design for your own personal use subject to restrictions set in these Terms of User order).

No user may: (i) republish material from https://www.ITOOH.design; (ii) sell, rent out or sub-license material from https://www.ITOOH.design; (iii) reproduce, duplicate or copy material from https://www.ITOOH.design; (iv) redistribute content from ITOOH Design (unless content is specifically made for redistribution); or (v) any other analogous acts aimed at unlawfully appropriating or utilizing ITOOH’s intellectual property without ITOOH’s consent

VIII. SOCIAL MEDIA & THIRD-PARTY ACCOUNTS

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Site

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

ITOOH may provide you with access to third-party tools. Note, however, that ITOOH does not monitor nor have any control nor input over these third-party tools and that these are being provided merely for your convenience and reference.

You acknowledge and agree that ITOOH provides access to such tools on an “as-is-where-is'' and “as available” basis without any warranties, representations or conditions of any kind and without any specific or formal endorsement. ITOOH disavows any liability whatsoever arising from or relating to your use of these optional third-party tools.

Your use of optional tools offered through the Website is entirely at your own risk and discretion. Thus, you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).

ITOOH may also offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

IX. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]

X. LIABILITIES

While we aim to give ITOOH’s users the most hassle-free experience, ITOOH does not discount the possibility that factors beyond its control may sometimes affect the continuity, availability or functionality of the Website. Thus, ITOOH does not guarantee, represent or warrant that your use of the service and the Website will always be uninterrupted, timely, secure or error-free.

You accept and understand that from time to time ITOOH may remove any service, product, feature or link for indefinite periods of time or cancel the service at any time, without notice

Except as otherwise provided in the Return and Exchange Policy and these Terms of Use, all products and services delivered to you purchased from the Website are provided on an “as-is-where-is” and 'as available' basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ITOOH, ITOOH’s directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service and through the Website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

XI. INDEMNIFICATION

You agree to indemnify, defend and hold harmless ITOOH and ITOOH’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other the user of the Site with whom you connected via the Site

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

XII. TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

XIII. MISCELLANEOUS PROVISIONS

CUMULATIVE REMEDIES

Any right or remedy conferred herein upon ITOOH shall not be exclusive of any other right or remedy, but each right or remedy shall be cumulative of every other right or remedy available to ITOOH.

CUMULATIVE REMEDIES

Any right or remedy conferred herein upon ITOOH shall not be exclusive of any other right or remedy; but each right or remedy shall be cumulative of every other right or remedy available to ITOOH.

GOVERNING LAW

These Terms of Use shall be governed, construed and interpreted in accordance with the laws of the Republic of the Philippines, without giving effect to principles of conflicts of law. All actions or proceedings arising out of or in connection with these Terms of Use shall be brought exclusively before the proper courts within Metro Manila

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed to be severed from these Terms of Use and shall not affect the validity and enforceability of any other remaining provisions.

NON-WAIVER

The failure of ITOOH to insist upon the strict performance of any of the provisions of these Terms of Use shall not be deemed a relinquishment or waiver of any subsequent breach or default of the terms and conditions and covenants hereof, and which terms and conditions shall continue to be in full force and effect. No waiver by ITOOH of any of their rights under this Agreement shall be deemed to have been made unless expressed in writing and signed.

ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted on the Website or in respect to the service constitutes the entire agreement and understanding between you and ITOOH and governs your use of the services and Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms of Use).

For questions about our Terms & Conditions, resolving Website issues, or further information on the ITOOH marketplace, you may send us an email at itooh@shopitooh.com

ITOOH E-FURNITURE AND DESIGN INC.