The SM Store

TERMS OF USE

The following Terms of Use shall govern your access and use of the Platform and of the services therein. The term “Platform” pertains to the website operated and/or owned by The SM STORE (“SM” or "THE SM STORE" or "We" or "Us" or “Our”) at thesmstore.com, including the mobile versions and mobile applications made available by us, if any. By continuing to access or use the Platform and/or any of the services therein, you represent that you are at least 18 years old and agree, without limitation or qualification, to be bound by these Terms of Use and  THE SM STORE’s Privacy Policy.

General

In using the Platform and the services therein, you agree to:

  1. do so only for lawful purposes;
  2. ensure that all information or data you provide in the Platform are accurate and agree to take sole responsibility for such information and data; and
  3. be responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account, whether such activity is authorized or not. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of your account has been compromised or if there has been any unauthorized use thereof

Products, Pricing, Content and Specifications

The products and services featured on the Platform (collectively, the "Products") and its contents, specifications, and prices and other applicable costs or additional fees are subject to change at any time, without need of prior notice. The prices of the Products may be different from that sold in physical SM stores.

THE SM STORE endeavors to provide an accurate description of the Products, but we do not warrant that such description, color, information or other content available in the Platform are accurate, complete, reliable, current or free from error. The weight, measurements and other descriptions provided in the Platform are approximate figures and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the available colors. However, the color you see in the Platform may differ from the actual color, depending on your mobile device, computer system, monitor, and/or other display features.

Accuracy of Information

The Platform may contain typographical errors or inaccuracies and may not be complete or current. THE SM STORE therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability of information.

Intellectual Property

All information and content available in the Platform, including but not limited to, trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") are our property or the property of our parents, subsidiaries, affiliates, partners or licensors, and are protected by international laws, including laws governing copyrights and trademarks.

Except as required under applicable law, neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing contained in the Platform grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Platform, without our written permission or such third party owner, as may be applicable.

Third-Party Links

From time to time, the Platform may contain links to websites, applications, or online or digital sites or services that are not owned, operated or controlled by THE SM STORE or our affiliates, subsidiaries or partners. All such links are provided solely as a convenience to you and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners. If you use these links, you will leave the Platform and your use of the said links will be at your own risk. Neither THE SM STORE, nor any of our affiliates, subsidiaries or partners are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.

User Information

Other than Personal Data as defined under Republic Act No. 10173 (Data Privacy Act of 2012), which is subject to THE SM STORE’s  Privacy Policy, any material, information, suggestions, idea, concept, know-how, technique, question, comment or other communication you transmit, upload, or post to or through the Platform in any manner ("User Communications") are and will be considered non-confidential and non-proprietary. THE SM STORE may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, deletion and manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, we retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Limitations on Liability.

You agree that neither we nor our parents, subsidiaries, affiliates or partners, or our/their respective directors, officers, shareholders, employees and agents will be responsible or liable for any ordinary, direct, consequential, incidental, special, punitive or exemplary damages or any other losses or liabilities arising out of (a) the use or inability to use the platform; (b) any decision made, action or inaction taken by any party in reliance upon the contents of the platform; (c) business interruption; (d) delay/interruption in access to the platform; (e) data non-delivery, misdelivery, corruption, destruction or other modification; (f) loss or damages of any sort incurred as a result of accessing the third party links on the platform; (g) computer viruses, system failures or malfunctions in connection with use of the platform; or (h) any delays, inaccuracies, errors in or omissions in the content of the platform.

You agree that your sole remedy, if any, is from the manufacturer or supplier of the products, in accordance with such manufacturer's or supplier's warranty, or to seek a return or refund for such products in accordance with our return and exchange policy.

Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Revisions to the Terms of Use

Our online services will continue to evolve to bring you new features and services and to implement technological advances. As a result, we may change this Terms of Use from time to time without prior notice. Revised versions of this Terms of Use will be posted on this page, together with an updated effective date. In some cases, we may also send an email or other communication notifying users of the changes. You should check this page periodically to see if there are any recent changes to this Terms of Use. By downloading, installing, accessing, or using any of our online services after we post any such changes, you agree to the terms of this Terms of Use as modified.

If you have any questions relating to the Platform, you may send a message to us via our Contact Us page.

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I hereby acknowledge that I have read and understood the Privacy Policy of SM Retail and knowingly and voluntarily give my consent to SM Retail and its subsidiaries, affiliates, partners and service providers to collect, use, disclose, dispose, and process my personal data set out in this form or any other related documents or forms for any legitimate purposes.

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