Welcome to Halalah Online Shopping Store!
1.1. Welcome to the Halalah platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Halalah account ("Account") so that you are aware of your legal rights and obligations with respect to Halalah Philippines and its affiliates and subsidiaries (individually and collectively, "Halalah", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Halalah client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Halalah.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Halalah is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Halalah is not involved in the transaction between Users. Halalah may or may not pre-screen Users or the Content or information provided by Users. Halalah reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Halalah cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.4 Halalah reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Halalah may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Halalah may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Halalah reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING HALALAH SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2.1 Your privacy is very important to us at Halalah. To better protect your rights we have provided the Halalah.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Halalah collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(a) consent to Halalah's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Halalah; and
(c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Halalah’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (a) comply with all applicable personal data protection laws with respect to any such data; (b) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (b) and (c) above, in compliance with and where required by applicable laws.
3.1 Halalah grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Halalah and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Halalah. You acknowledge that Halalah may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Halalah reserves all rights to the software not expressly granted by Halalah hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Halalah.
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Halalah, in its sole discretion, finds offensive or inappropriate, Halalah has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Halalah has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Halalah of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Halalah will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Halalah may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel, or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Halalah deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site), (h) failure to make timely payment of any outstanding amount (or other obligation) owed to Halalah or any of its Affiliates (subject to applicable law), (i) creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or operate the functions available on Halalah or (j) behaviour that is harmful to other Users, third parties, or the business interests of Halalah. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Halalah may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Halalah in writing (including via email of their desire to do so. You understand and agree that your account will, at the earliest, be terminated twenty-four (24) hours after the request for termination. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Halalah after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Halalah shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Halalah.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.6 If you are a Seller, you may be entitled to create sub-accounts (“Sub-Account”) on the sub- account platform operated by Halalah (“Sub-Account Platform”) that are linked to your Account(s). You acknowledge and agree that: (a) the purpose of the Sub-Accounts are to enhance the management of your Account(s) as a Seller, and you shall not use the Sub-Accounts for any other purposes (including, but not limited to, fraudulent or illegal activities); (b) while Sub-Accounts are not considered “Accounts” for the purposes of these Terms of Service, the provisions of this Section 5 shall apply mutatis mutandis to the Sub-Accounts, except that references to “Accounts” shall be to the Sub-Accounts; (c) Sub-Accounts can be configured to have access to your Account(s) and the same rights as your Account(s) (or parts thereof), and you expressly acknowledge and agree that: (i) you are solely responsible for creating and configuring Sub-Accounts, and granting and controlling third party access to the Sub-Accounts; (ii) any third parties to whom you grant access to your Sub- Accounts will have the ability to access and operate your Account; (iii) we shall be entitled to treat any actions of the Sub-Accounts as actions of your Account; and (iv) you shall be responsible for all actions of the Sub-Accounts; and (d) Halalah reserves the right to amend or terminate the operation of the Sub-Account Platform and to close any Sub-Accounts at any time in its sole discretion.
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Halalah may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited/restricted items policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Halalah;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Halalah platform, open a user account, or otherwise access your user account using any non-official Halalah hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other Users' listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Halalah with respect to the Services and/or data transmitted, processed or stored by Halalah;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the Bangko Sentral ng Pilipinas, U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, and the European Union or Her Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of Halalah, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Halalah, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Halalah be liable in any way for any Content, 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, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that Halalah and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Halalah and its designees shall have the right to remove any Content (a) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (b) if we receive a complaint from another User; (c) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (d) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Halalah or submitted to Halalah, including, without limitation, information in Halalah Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Halalah may access, preserve and/or disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Halalah or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Halalah, its Users and/or the public.
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
(a) Listing deletion
(b) Limits placed on Account privileges
(c) Account suspension and subsequent termination
(d) Criminal charges
(e) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service, please contact Halalah.
8.1 As stated above, Halalah does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Halalah in any way and Halalah is neither the agent nor representative of the Users and does not own, buy, sell, offer, furnish, provide, auction, advertise or negotiate in any manner whatsoever in respect of the items listed or proposed to be listed on the Halalah platform. It is further clarified that Halalah does not direct, possess or control any knowledge, discretion or judgment in respect of the use of the Halalah platform or the services offered on it by the Users and it merely acts as an intermediary between the Users and does not practice any act of trading or commerce and is neither a buyer nor a seller.
8.3 If you believe that your intellectual property rights have been infringed upon, please notify Halalah. We will respond expeditiously to properly submitted notices of alleged intellectual property infringement and will remove or disable access to the allegedly infringing material.
8.4 You may submit a notice by providing the following information to our IPR Agent:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Halalah to locate the material;
(d) information reasonably sufficient to permit Halalah to contact you, such as an address, telephone number, and, if available, an email address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8.5 You acknowledge that if you fail to comply with all of the requirements of this Section 8, your notice may not be valid.
9.1 If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
10.1 Halalah reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
10.2 You agree that Halalah shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
11.1 Halalah may suspend or terminate your use of the Services if you violate these Terms of Service or our Prohibited and Restricted Items Policy.
11.2 Upon termination, your Account and right to access and use the Services will be revoked.
11.3 Termination of your Account may also include removal of access to all offerings within the Services, deletion of your information, and barring further use of the Services.
12.1 To the maximum extent permitted by applicable law, Halalah shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; or (c) unauthorized access, use or alteration of your transmissions or Content.
12.2 In no event shall the aggregate liability of Halalah exceed the greater of one hundred dollars (USD 100.00) or the amount you paid Halalah, if any, in the past twelve months for the Services giving rise to the claim.
13.1 These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions.
13.2 You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California, USA, and any cause of action that relates to or arises from these Terms of Service must be filed in a court of competent jurisdiction in Santa Clara County, California, USA, within one (1) year after the cause of action arose, or else the cause shall be barred.
13.3 If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
13.4 The failure of Halalah to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
14.1 These Terms of Service constitute the entire agreement between you and Halalah with respect to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Halalah.
14.2 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15.1 Questions about the Terms of Service should be sent to us at [email protected].
11.4 If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Halalah will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than six (6) months after they become due to the Seller, Halalah will deal with such unclaimed Buyer's Purchase Monies in accordance with any applicable laws.
11.5 Seller/Buyer must be the beneficial owner of the Account and conduct transactions on the Site only on behalf of him or herself. Halalah may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants Halalah his/her consent to use or provide to third parties his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises Halalah to use his/her personal data to make any inquiries we consider necessary to validate his/her identity with the appropriate entity such but not limited to as his/her bank. For more information in relation to how Halalah handles your personal information, please visit our privacy policy>
11.6 The Halalah Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Halalah Guarantee. The Halalah Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Halalah accepts no liability in connection with the same. Without limitation, the Halalah Guarantee does not constitute a product warranty.
11.7 Buyer and Seller acknowledge and agree that Halalah’s decision (including any appeals) in respect of and relating to any issues concerning the Halalah Guarantee is final.
11.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Halalah Guarantee.
12.1 Users may earn loyalty points (“Halalah Coin”) by buying merchandise on the Site using the Halalah Guarantee system or through participation in other Halalah activities as Halalah may from time to time determine (“Eligible Activities”) based on the conversion rate determined by Halalah in its sole discretion. Generally, Halalah Coin will be credited to a User’s Account upon the completion of a successful transaction or activity approved by Halalah. You are eligible to participate in the Halalah Coin reward system if you are a User and your Account does not expressly exclude you from participation.
12.2 Transactions not completed on the Site do not qualify for the Halalah Coin reward system. Halalah may at its sole discretion exclude categories of items from the Halalah Coin reward system.
12.3 Halalah Coins credited to Buyers have no monetary value, do not constitute Buyers’ property and cannot be purchased, sold, transferred or redeemed for cash by Buyer.
12.4 Subject to Halalah rules and regulations as determined, varied or modified by Halalah from time to time, subject to any cap imposed by Halalah at its sole discretion, User may redeem Halalah Coin by sending a request to Halalah and use Halalah Coin to offset the purchase price of selected items when making purchases on the Site as advised by Halalah from time to time. All refunds will be subject to Halalah’s Refunds and Return Policy under Section 17.2.
12.5 The Halalah Coin you redeem will be deducted from your Halalah Coin balance. Each Halalah Coin comes with an expiry date. Do check your account details on the Site for Halalah Coin balances and expiry dates.
12.6 From time to time, we may tell you that bonus Halalah Coin will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.
12.7 If you have a dispute in relation to the number of Halalah Coin which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.
12.8 Halalah gives no warranty and accepts no responsibility as to the ultimate tax treatment of Halalah Coin. You will need to check with your tax advisor whether receiving Halalah Coin affects your tax situation.
12.9 Halalah reserves the right to (i) discontinue the Halalah Coin Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in the Halalah Coin Reward System, including the ability to earn and redeem Halalah Coin at its sole discretion.
13.1 Sellers may purchase Halalah Coins for gratuitous distribution to Buyers for marketing purposes under the “Marketing Centre” section of the Seller Centre (“Marketing Centre”). If you are a Seller that purchases Halalah Coins, you will be deemed to have consented to the terms and conditions described in this Section, and any explanatory materials published on this Site, the Seller Centre or otherwise communicated to Sellers in writing (“Seller Coins Rules”).
13.2 In order to purchase Halalah Coins, you must be an eligible Seller under the Seller Coins Rules. At the time you purchase and pay for the Halalah Coins, your Account must not be suspended.
13.3 You may purchase Halalah Coins via the payment methods set out in the Marketing Centre. After payment is completed, the Halalah Coins will be issued to your Account for giveaway to Buyers within 24 hours, and shall expire six (6) months after purchase or such other time as determined by Halalah. Except as otherwise provided in the applicable Seller Coins Rules, you may not cancel the order and/or request for a refund after you have purchased Halalah Coins and completed the payment process.
13.4 Halalah Coins purchased by Sellers may only be given away, free-of-charge, to Buyers via promotional channels made available in the Marketing Centre. You may not sell, redeem, or otherwise deal in, Halalah Coins under any circumstances. You agree that failure to comply with this Section or any of the Seller Coins Rules may, without limitation, result in the forfeiture of Halalah Coins purchased by you, in addition to any other actions or remedies that Halalah may take or enforce.
13.5 You understand and agree that Halalah does not warrant or guarantee any increase in viewership or sales of your items as a result of the purchase and gratuitous distribution of Halalah Coins.
13.6 You are advised to only purchase Halalah Coins after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Seller Coins Advertising Rules, Halalah shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of purchasing Halalah Coins.
13.7 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, HALALAH IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO THE PURCHASE BY YOU OF HALALAH COINS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE HALALAH COINS IN QUESTION ONLY.
20.1 The purchase and sale of non-halal products including alcoholic products (“Alcohol”) and tobacco or tobacco-related products, including without limitation electric cigarettes (“Tobacco Products”) on the Site is NOT permitted by Halalah.
21.1 Halalah charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by the Seller and is calculated as 2.24% of the Buyer’s Purchase Monies before any Site rebates, discounts, vouchers, and Halalah Coins, rounded to the nearest peso. The Transaction Fee is inclusive of value-added tax.
21.2 In addition to the Transaction Fee, Halalah charges a commission fee for all successful transactions completed by the Sellers on the Site (“Halalah Commission Fee”) commencing after six (6) months from the time of registration of Seller on the Site. Halalah reserves the right to modify, increase or waive the Halalah Commission Fee in its sole discretion.
21.3 Seller shall bear all costs of taxes, fees, charges and other costs associated with the registration, set-up, operation and maintenance of their Account, Seller Account, Seller's store or any and all services they provide to Sellers on the Site.
22.1 Without prejudice to any other rights and remedies of Halalah under this Agreement or at law or in equity, Halalah may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Seller’s Account and refuse to provide the Services to Seller if:
22.2 Halalah reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Halalah shall not be liable to Seller or any third party for any modification, suspension or discontinuation of the Services.
23.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This Agreement may be assigned by Halalah to a third party without Seller’s consent in the event of a sale, merger or acquisition of Halalah’s business.
23.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
24.1 This Agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Philippines.
24.2 Each party irrevocably agrees that the courts of the Philippines shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
26.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HALALAH BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALIZE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR (B) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF HALALAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
26.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
26.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, HALALAH IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE HALALAH GUARANTEE; AND (B) SG $100 (ONE HUNDRED PHILIPPINES DOLLARS).
26.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY HALALAH’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF HALALAH THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
27.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Halalah in any manner whatsoever and you therefore access them at your own risk. Halalah is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Halalah is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Halalah of any linked site and/or any of its content therein.
27.2 Halalah allows you to share videos from YouTube on the Halalah Livestream feature (“YouTube Content”). By sharing YouTube Content, you hereby agree to be bound by the Youtube Terms of Service.
28.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Halalah. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Halalah and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
28.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Halalah by any means (each, a "Submission"), is not considered confidential by Halalah and may be disseminated or used by Halalah without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Halalah, you acknowledge and agree that Halalah and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Halalah and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
34.1 These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to Halalah or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Philippines in accordance with the Arbitration Rules of the Republic of the Philippines for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
35.1 Halalah reserves all rights not expressly granted herein.
35.2 Halalah may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Halalah) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
Please send all legal notices to our contacts and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last updated: 01 July 2024
