Welcome to Rakk Gears. The rakk.ph website, Rakk Gears mobile apps, and our mobile Rakk Gears site are collectively the "Rakk Gear Properties" and each individually is a "Rakk Gear Properties." By using any Rakk Gear Properties and its related services, products, and software, you agree to be bound by these terms ("Terms and Conditions"). You also accept the Terms and Conditions when you create an account, make a purchase as a guest, or log in to any Rakk Gear Properties. Additional or separate terms may apply to your interactions with other Rakk Gear websites, Rakk Gear locations, and to your use of individual services or features available on a Rakk Gear Properties, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms and Conditions, the provisions of the additional terms will govern. References to "Rakk Gears," "our," "we," or "us" may refer to Ubiquity Computing Inc., rakk.ph, and their affiliates, subsidiaries, and designees. We may make changes to any Rakk Gear Properties and the Terms and Conditions. It is your responsibility to review the Terms and Conditions for updates or changes. If you do not agree with the Terms and Conditions, you should not use the Rakk Gear Properties.
Use of the Rakk Gear Properties
You may use the Rakk Gear Properties for your personal, noncommercial use only. You may not use any Rakk Gear Properties if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Rakk Gear Properties only with involvement of a parent or guardian.
Information on Our Site
We try to be as accurate as possible with the information we present on the Rakk Gear Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
We accept COD and online payments through our website. For credit card purchases, we'll charge your card for an item before we ship the item to you, but after confirm its availability in store. However, we may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
All content included on or comprising the Rakk Gear Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under Philippine and international copyright laws, and Rakk Gear owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Rakk Gear logos and other trademarks on the Rakk Gear Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Rakk Gear and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Rakk Gear Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and e-mail communication. You hereby grant Rakk Gear a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content. When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Disclaimers and Limitation of Liability
RAKK GEAR PROVIDES THE RAKK GEAR PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE RAKK GEAR PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY RAKK GEAR PROPERTIES WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A RAKK GEAR PROPERTIES IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAKK GEAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY RAKK GEAR PROPERTIES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A RAKK GEAR PROPERTIES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A RAKK GEAR PROPERTIES OR RAKK GEAR GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Rakk Gear Properties only for lawful purposes. Activities including, but not limited to, tampering with any Rakk Gear Properties, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Rakk Gear Properties are prohibited.
You may not violate or attempt to violate the security of the Rakk Gear Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Rakk Gear Properties for unintended purposes or trying to change the behavior of any Rakk Gear Properties; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Rakk Gear Properties, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of Rakk Gear (impersonating Rakk Gear) or to any Rakk Gear Properties (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Rakk Gear, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms and Conditions. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Rakk Gear Properties or any activity being conducted on any Rakk Gear Properties. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Rakk Gear Properties other than the search engine and search agents we provide and generally publicly available browsers.
Any dispute or claim arising out of or relating in any way to your use of any Rakk Gear Properties, or to any products or services sold or distributed by Rakk Gear or through any Rakk Gear Properties will be filed by either party against the other in the proper courts in Metro Manila. Philippine Law shall apply to these Terms and Conditions.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Rakk Gear Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Rakk Gear Properties at any time without prior notice.