TERM & CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of tempobytbr.com (the "Site"). This Site is owned and operated by Bull & Bear Sports Marketing Co.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Bull & Bear Sports Marketing Co. and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Permission is granted to temporarily download one copy of the materials (information or software) on Bull & Bear Sports Marketing Co.’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Bull & Bear Sports Marketing Co.’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Bull & Bear Sports Marketing Co. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent;
- Post any material that may be deemed inappropriate or offensive; or
- Downloading, copying, sharing or selling content for personal gain.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods / services are available on our Site:
- Digital content such as videos and training materials
- Live coaching sessions
- Merchandise
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Disclaimer
The materials on Bull & Bear Sports Marketing Co.’s website are provided on an ‘as is’ basis. Bull & Bear Sports Marketing Co. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Bull & Bear Sports Marketing Co. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Accuracy of materials
The materials appearing on Bull & Bear Sports Marketing Co.’s website could include technical, typographical, or photographic errors. Bull & Bear Sports Marketing Co. does not warrant that any of the materials on its website are accurate, complete or current. Bull & Bear Sports Marketing Co. may make changes to the materials contained on its website at any time without notice. However Bull & Bear Sports Marketing Co. does not make any commitment to update the materials.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Payments
We accept the following payment methods on our Site: Credit Card, PayPal and Bank Transfer.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered by Courier which may vary from time to time. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside the Philippines, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods / Services
All goods sold on our Site are non-refundable unless the item is defective by which you must provide proof of the defect. All services are non-refundable and may not be cancelled.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Metro Manila and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Bull & Bear Sports Marketing Co. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Bull & Bear Sports Marketing Co. of the site. Use of any such linked website is at the user’s own risk. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
In no event shall Bull & Bear Sports Marketing Co. and our directors, officers, agents, employees, subsidiaries, and affiliates or its suppliers be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of the use or inability to use the materials on Bull & Bear Sports Marketing Co.’s website, even if Bull & Bear Sports Marketing Co. or a Bull & Bear Sports Marketing Co. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Bull & Bear Sports Marketing Co. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Bull & Bear Sports Marketing Co. are unable to resolve any dispute through informal discussion, then you and Bull & Bear Sports Marketing Co. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Bull & Bear Sports Marketing Co.. The costs of any mediation or arbitration will be shared equally between you and Bull & Bear Sports Marketing Co.
Notwithstanding any other provision in these Terms and Conditions, you and Bull & Bear Sports Marketing Co. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
Bull & Bear Sports Marketing Co. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Contact Details
If you have any questions regarding these Terms or TEMPO by TBR, please e-mail us at tbrlyf@gmail.com or call 0906-318-2723 during regular business hours.
Effective Date: Jan 19, 2022