Terms and Conditions

WELCOME TO FERNSTORE.COM. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. ACCESSING THE WEBSITE FURTHER CONSTITUTES TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH WITHIN THIS DOCUMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. FERN, INC. MAY MODIFY THIS AGREEMENT AT ANY TIME. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE UPDATED OF THE CHANGES IN THE TERMS AND CONDITIONS OF YOUR ACCESS AND USE. YOUR CONTINUED USAGE OF THE SERVICE SHALL BE DEEMED CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

THESE TERMS AND CONDITIONS GOVERN YOUR USE AS A MEMBER OF FERN INCORPORATED’S ONLINE STORE WEBSITE. THIS SERVES AS A LEGAL CONTRACT BETWEEN YOU AND FERN,INC. PERTAINING TO YOUR ACCESS AND USE OF THE SITE WWW.FERN-STORE.COM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION HEREIN. ANY BREACH OR VIOLATION OF THESE TERMS BY YOU OR BY ANY PERSON ACTING FOR AND ON YOUR BEHALF SHALL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW BY FERN, INC.

General

WWW.FERN-STORE.COM is owned by FERN, INCORPORATED. FERN, Inc. reserves the right, at its sole discretion, to change, modify, add to, or otherwise alter these Terms of Use at any time. Such changes and modifications shall become effective immediately upon posting. It shall be your obligation to review these Terms of Use every time you access this website. Your continued use of this website following the posting of changes and modifications will constitute your acceptance of the revised Terms of Use.

Disclaimer

ALWAYS CONSULT WITH A HEALTH PROFESSIONAL PRIOR TO TAKING ANY DIETARY OR NUTRITIONAL SUPPLEMENT. FERN, Inc. does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. Dietary supplements and the content provided here is not designed to diagnose, treat, cure or prevent a disease or health condition. Always consult your healthcare provider with any questions or concerns that you may have regarding your condition.

Indemnification

You agree to indemnify, defend and hold harmless FERN, Inc., its officers, directors, employees, agents, licensors and suppliers against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person.

Authorized Distributors

WWW.FERN-INC.COM, WWW.FERN-STORE.COM, the FERN, Inc. Trunkline( +63-2-982-3376), FERN Offices, and FERN, Inc. distributors are the exclusive distribution channels of FERN products. WWW.FERN-INC.COM and WWW.FERN-STORE.COM are the only websites authorized to sell Fern Incorporated products, whether on their own or as a package. No other website has been authorized by FERN, Inc. to sell its Products. FERN, Inc. will not acknowledge purchases made other than directly through the aforementioned distribution channels, including any purchases made through third-party websites such as online agents.

Authorized Use

This website is provided by FERN, Inc. solely to allow you to determine the products available on this website and to make legitimate purchases or otherwise transact business with FERN, Inc., and for no other purposes. This website is for your personal and non-commercial use. You agree that you will use the website’s services only to make legitimate purchases for you solely. Hence, unless you are specifically authorized otherwise by FERN, Inc., you are permitted to use this website only for the following personal and non-commercial purposes: (1) viewing the website; (2) making purchases; (3) transferring to other websites though links provided on this website; and (4) making use of other facilities that may be provided on the website which are basically enjoyed by FERN, Inc. customers.

Unless authorized by FERN, Inc. and a written authorization letter is granted by FERN, Inc. thereof, you are not permitted to use any automated system or software to extract data from this website for commercial purposes.

You hereby expressly agree not to use this website to:

  1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website;
  2. 'Meta-search' this website, send, or cause to be sent, any automated queries of any sort to this website, or use this website in any commercial manner or access this website for any commercial gain other than the purpose specifically authorized by these Terms of Use;
  3. Impersonate any person or entity, or otherwise state or falsely misrepresent your affiliation with a person or entity;
  4. Forge or otherwise manipulate identifiers in order to disguise the origin of any user of the website including yourself;
  5. Interfere with or disrupt this website or servers or networks connected to this website or disobey any requirements, procedures, policies or regulations of networks connected to this website, including using any device, software or routine to bypass the website’s robot exclusion mechanisms;
  6. Intentionally or unintentionally violate any applicable local, national or international laws; and
  7. Collect or store any personal data of any other member that you obtained by any means through this website.

Intellectual Property

FERN, Inc. is the registered owner of and holds the title to and all interests in the trademark “FERN” and the trade name FERN Incorporated and owns all intellectual property rights to and all interest in the tradename FERN, Inc., and the FERN logo.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. THE USE OF THIS WEBSITE AND ITS CONTENTS IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FERN, Inc. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, MAKE NO REPRESENTATION WHATSOEVER AS TO COMPLETENESS OR ACCURACY OF ANY CONTENTS OR ANY INFORMATION IN THIS WEBSITE.
  2. FERN, Inc. AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES, MAKE NO WARRANTY THAT THE WEBSITE AND THE CONTENTS WILL MEET YOUR REQUIREMENTS, OR THAT THE USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED BY YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF THE PRODUCTS, INFORMATION OR OTHER MATERIALS THAT YOU OBTAIN FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS WILL BE CORRECTED.
  3. YOU ACCESS AT YOUR OWN DISCRETION AND RISK ANY MATERIAL THAT YOU DOWNLOAD OR OBTAIN THROUGH THE USE OF THE WEBSITE AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO WARRANTY THAT IS NOT EXPRESSLY STATED HEREIN SHALL BE CREATED BY REASON OF ANY ADVICE OR INFORMATION THAT YOU OBTAIN FROM THIS WEBSITE.

RETURN AND EXCHANGE POLICIES

  1. FERN, INC. SHALL HAVE NO LIABILITY AND WILL NOT REPLACE ANY PRODUCTS ORDERED BY THE CUSTOMER UNLESS THE REASON OF RETURN IS STATED IN THE RETURN AND EXCHANGE POLICY.
  2. THE CUSTOMER IS NOT ENTITLED FOR A REFUND NOR MAY CANCEL AN ORDER IF THE MODE OF PAYMENT IS MADE THROUGH A CREDIT CARD.
  3. THE CUSTOMER CAN ONLY CANCEL AN ORDER THROUGH OVER THE COUNTER PAYMENT AND IF AND ONLY IF THEIR PAYMENT WAS NOT YET PROCESSED.

Modifications

FERN, Inc. may, at any time and from time to time, make modifications, changes, and alterations to this website and the Contents, including these Terms of Use, or any part thereof without prior notice and without incurring any liability to you or to any third party. You are responsible for regularly reviewing these Terms of Use. Your continued use of this website following any changes, revisions, modifications or alterations shall constitute your acceptance of such changes, revisions, modifications or alterations.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FERN, Inc. AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES, WILL HAVE NO LIABILITY WHATSOEVER TO YOU, TO ANY PARTY CLAIMING BY, THROUGH OR AGAINST YOU OR TO ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, COSTS, CHARGES OR DAMAGES CONSTITUTING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FERN, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT MAY ARISE OUT OF OR IN CONNECTION WITH (1) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ACCESS THE CONTENTS, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (3) ANY OTHER MATTERS RELATING TO THE WEBSITE AND THE CONTENTS.

Indemnity

You agree to indemnify and hold FERN, Inc. and its affiliates, officers, and employees, free and harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to, arising out of or in connection with your use of this website and the Contents, your connection to this website, tour breach of any of the provisions of this Terms of Use, or your violation of any right of any other user of this website.

Termination

FERN, Inc. may, in its sole discretion, without prior notice and without incurring any liability to you, terminate or limit your access to this website for any justifiable cause, including but without limitation to (1) your breach or violation of these Terms of Use, or other incorporated agreements or guidelines, (2) upon the request of any law enforcement or government agency, (3) discontinuance or any material modification to this website or any part thereof, (4) extended periods of inactivity, and (5) your engagement in fraudulent, illegal or prohibited activities.

Non-Waiver

No failure by FERN Inc. to exercise or enforce any right or provision of these Terms of Use shall constitute a waiver of such right or provision, nor will any waiver be deemed a waiver of any other right or provision at that time or at any other time.

Governing Law

These Terms of Use and the relationship between the parties shall be governed by and construed in accordance with the laws of the Republic of the Philippines without reference to its conflicts of law provisions. Any and all claims, causes of action, or disputes relating or pursuant to, arising out of or in connection with these Terms of Use shall be brought before the REGIONAL TRIAL COURT OF PASIG of the Republic of the Philippines to the exclusion of all other courts and venues. You agree to submit to the personal jurisdiction of this court and hereby waive any and all objections to the exercise of jurisdiction over the parties by such court and to venue in such court on any ground, including without limitation on the ground of inconvenient forum. However, nothing herein shall preclude FERN, Inc. from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over you or taking proceedings against you in any other court of competent jurisdiction.