Terms of Service for Liyamado Website (PH)
Terms of Service
Last Updated: [15 November 2024]
Welcome to Liyamado! These Terms of Service (“Terms”) govern your access to and use of our website, products, and services. By accessing or using Liyamado website, you agree to comply with these Terms. Please read them carefully.
1. Acceptance of Terms
By using the Liyamado website or services, you agree to these Terms and our Privacy Policy. If you do not agree with any part of these terms, please discontinue your use of our website. By using this Site or opening a Liyamado account (“Account”) so that you are aware of your legal rights and obligations with respect to Liyamado Philippines Inc. and its affiliates and subsidiaries (individually and collectively, “Liyamado”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Liyamado 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 Liyamado.
1.1 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 Liyamado 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. Liyamado is not involved in the transaction between Users. Liyamado may or may not pre-screen Users or the Content or information provided by Users. Liyamado reserves the right to remove any Content or information posted by you on the Site in accordance to Section 5.3 herein. Liyamado cannot ensure that Users will actually complete a transaction.
1.2 On creating an account the user must read and accept all of the terms and conditions in, and linked to, these Terms of Service and Privacy Policy.
1.3 Liyamado 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. Liyamado 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. Liyamado 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, including, but not limited to, your failure to comply with these Terms of Service.
2. Eligibility
To use this website, you must be at least 18 years old or the legal age of majority in the Philippines. By using this website, you confirm that you are of the required age.
2.1 Liyamado 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 Liyamado 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, IN OUR SELLER EDUCATION HUB, HELP CENTER 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.
3. User Account
3.1 To better protect your rights we have provided the Liyamado Privacy Policy to explain our privacy practices in detail. Please review the Liyamado Privacy Policy to understand how Liyamado 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 Liyamado’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Liyamado Privacy Policy;
(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Liyamado; 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 Liyamado’s prior written consent.
3.2 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.
4. Account and Security
You agree to use the website for lawful purposes only and comply with all applicable local laws, including the Philippine Data Privacy Act of 2012 and Consumer Protection Act.
4.1 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 Liyamado, in its sole discretion, finds offensive or inappropriate, Liyamado 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. Liyamado 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 Liyamado Privacy Policy, may also apply to your use of those products, websites or services.
4.2 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 Liyamado 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. Liyamado will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
4.3 You agree that Liyamado 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 Liyamado 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 or promotion 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 Liyamado 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 Liyamado, (j) failure to pay any applicable tax, including withholding tax (if applicable), or to submit true and accurate documents as required by applicable laws or regulations, including the Verification Documents (as defined below), or (k) behaviour that is harmful to other Users, third parties, or the business interests of Liyamado. 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, Liyamado may terminate your Account immediately with or without notice.
4.4 Users may terminate their Account upon request. 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 Liyamado after he or she has promptly and effectively carried out and completed all incomplete transactions according to these Terms of Service. Liyamado 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 Liyamado.
5. Product Listings and Orders
The products listed on our website are subject to availability. Prices and product information are updated regularly, but errors may occur. We reserve the right to cancel or modify any orders based on inaccuracies in the listings.
5.1 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 and 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, including submission of any false or erroneous Verification Documents (as defined below);
(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 Liyamado;
(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 Liyamado platform, open a user account, or otherwise access your user account using any non-official Liyamado 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 User’s 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 Liyamado with respect to the Services and/or data transmitted, processed or stored by Liyamado;
(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 U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, 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 Liyamado, 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.
5.2 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 Liyamado, 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 Liyamado 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.
5.3 You acknowledge that Liyamado 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, Liyamado 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 Liyamado or submitted to Liyamado, including, without limitation, information in Liyamado Forums and in all other parts of the Site.
5.4 You acknowledge, consent to and agree that Liyamado 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 Liyamado 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 or conduct by you 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 Liyamado, its Users and/or the public.
5.5 You acknowledge, consent and agree that Liyamado may collect, use and/or process data relating to product performance for the purposes of narrowing down product listings and improving Liyamado services and user experience (including to combine Seller performance data with other product performance data, to the extent relevant).
6. Payment and Billing
By purchasing products on Liyamado, you agree to pay all applicable fees, including taxes, shipping, and handling charges. We accept payments through secure gateways, including credit cards, debit cards, and other online payment options allowed in the Philippines.
6.1 Buyers may only change their preferred mode of payment for their purchase prior to making payment.
6.2 Liyamado takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or a wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
7. Shipping and Delivery
We aim to deliver your orders within the timeframe indicated at the time of checkout. However, shipping delays may occur due to external factors. Delivery charges will vary depending on your location.
7.1 Liyamado will inform Seller when Liyamado receives Buyer’s Purchase Monies. Unless otherwise agreed with Liyamado, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the Logistics Service Provider (as defined below), the tracking number, etc. to Buyer through the Site.
7.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the Liyamado Guarantee Period or the time period specified by Seller on Seller’s listing.
7.3 For the delivery of products by Seller to Buyer within the Philippines, Seller and Buyer may choose the logistics service company which will provide the delivery service in cooperation with Liyamado. Liyamado acts as an intermediary that brings together Seller and Buyer with the logistics service company chosen by Seller and/or Buyer (“Logistics Service Provider”). Seller and Buyer are the parties who appoint and use the services of the Logistics Service Provider in delivering products from Seller to Buyer. Payment of shipping costs for each service delivery of products (“Shipping Fee”) is the responsibility of Buyer and Seller.
7.4 Delivery will be made by the Logistics Service Provider, and not by Liyamado. Liyamado is responsible for facilitating reports/complaints from Buyers if Buyer has not received the purchased item within the estimated timeframe. In the event that Buyer has not received the purchased item within the estimated timeframe that the Purchased item should have been received in accordance with the Liyamado Policies and the terms of the Liyamado Guarantee, Buyer must notify Liyamado customer service through the Site. Liyamado will then forward the notification of Buyer to Seller and/or the Logistics Service Provider to find the best solution for Seller and Buyer.
7.5 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged or, lost during the course of delivery or where there is failure of delivery, Users acknowledge and agree that Liyamado will not be liable for any damage, expense, cost or fees resulting therefrom and Seller and/or Buyer will reach out to the Logistics Service Provider to resolve such dispute.
8. Cancellation, Returns and Refunds
We follow the Consumer Protection Act of the Philippines, which provides consumers the right to return defective goods. You can find our detailed Return and Refund Policy on our website.
8.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Liyamado Guarantee Account.
8.2 Buyer may apply for the return of the purchased item and refund, subject to and in accordance with Liyamado’s Refunds and Return Policy. Please refer to Liyamado’s Refunds and Return Policy for further information
8.3 Liyamado does not monitor the cancellation, return, and refund process for offline payment and transactions made outside Liyamado website.
9. Limitation of Liability
To the maximum extent allowed by Philippine law, Liyamado is not liable for indirect or incidental damages arising from the use or inability to use our website, products, or services.
12. Contact Us
If you have questions about these Terms or need further assistance, please contact us at [Insert Contact Information].
(a) Feedback may be made in writing through email to or using the feedback form found on the Site.
(b) Anonymous feedback will not be accepted.
(c) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(d) Vague and defamatory feedback will not be entertained.
Privacy Policy
Privacy Policy
Last Updated: [15 November 2024]
Liyamado respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, and protect your personal information in compliance with the Philippine Data Privacy Act of 2012 (Republic Act No. 10173) and other applicable laws.
1. Information We Collect
We may collect the following personal information from you when you use our website or services:
Personal Information: Name, email address, billing/shipping address, phone number, and payment details.
Usage Data: Information about how you interact with our website, such as your browsing history, IP address, and device information.
2. How We Use Your Information
We use your personal information for the following purposes:
To process and complete your orders.
To communicate with you regarding your orders, promotions, and customer service.
To improve the functionality and performance of our website.
To comply with legal obligations under Philippine law, including the Data Privacy Act of 2012.
3. Sharing Your Information
We do not sell your personal information to third parties. However, we may share your data with trusted partners for the following reasons:
Service Providers: Third-party vendors to facilitate payments, delivery, and website operations.
Legal Requirements: If required by law, or to protect our rights, we may disclose your information to legal authorities.
4. Data Security
We implement industry-standard security measures to protect your personal data. However, no method of data transmission or storage can guarantee 100% security. You accept that the transmission of data via the internet involves risks.
5. Cookies and Tracking Technologies
We use cookies and similar technologies to enhance your user experience. You can control cookies through your browser settings.
6. Your Rights
As per the Data Privacy Act of 2012, you have the right to:
Access and correct your personal data.
Request the deletion of your personal data.
Withdraw consent for processing your personal data.
To exercise these rights, please contact us at [Insert Contact Information].
7. Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the content or privacy practices of these external sites.
8. Changes to This Privacy Policy
We may update this policy from time to time. Any changes will be posted on this page, and the updated policy will take effect when posted.
9. Contact Us
For questions regarding this Privacy Policy or to exercise your data privacy rights, please contact us at [Insert Contact Information].
