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Membership Agreement
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Program Membership Agreement ("Agreement")
carefully as it explains the terms and conditions
of your participation in the Philtel.com!
Points Program ("Program"). This
Agreement is made between Philtel.com, Inc.
("Philtel.com"), and you, the participant.
1. Eligibility.
(a) Enrollment
is required for participation in the Program.
(b) You must be Philtel.com Member.
(c) You must be an individual, 18 years of
age or older to participate in the Program.
No groups, affiliations or clubs are permitted
and no machines, scripts, or automated services
may be used to accumulate points in the Program.
(d) You must have internet access and an e-mail
address to be eligible to participate in the
Program as the Program is only available via
access to the Philtel.com website (http://philtel.com.).
(e) Employees of Philtel.com are eligible
for membership in the Program, subject to
any Philtel.com employee policies.
2. Account Access
and Password Security.
(a) You
must be logged into your Philtel.com Member
to access your Philtel.com Points
You may check your Philtel.com Membership
and Philtel.com Points History at any time
you are able to access the Philtel.com web
site.
(b) Philtel.com is not responsible and will
not be held liable for any of its actions
undertaken on the basis of instructions received
from you or anyone else logged-in under your
password. You are responsible for keeping
your password and other account information
confidential. Philtel.com is not responsible
for any activities within your account by
someone else who uses your password.
3. Accrual of Philtel.com
Points.
(a) Philtel.com
Points ("points") are calculated
based on the Philtel.com price of any item
in the Philtel.com. Every United States dollar
spent at Philtel.com earns 2 Points in this
program.
(b) Opportunities to earn Points values over
and above the value set third in Section
3(a) may be available from time to time at
Philtel.com's sole discretion. Program Members
participate in these opportunities at their
own discretion.
(b) Points expire on the first day of the
month one year following the month which you
sign up to be Philtel.com member.
(c) You are responsible for any tax liabilities
arising out of your accrual or redemption
of Points. Philtel.com will use commercially
reasonable efforts to provide you with any
notices and/or forms as required by law.
4. Redemption of
Points.
(a) Points are
redeemable at your discretion, provided you
have enough Points in your membership account
to qualify for the reward you select.
(b) Philtel.com will use commercially reasonable
efforts to supply the exact program reward
described in the Rewards Catalog, but reserves
the right to substitute, at any time and with
no advance notice to Members, rewards which
may vary due to changes by the supplier or
alternate rewards as may be necessary due
to unavailability, in which case a reward
of equal or greater value will be supplied.
5. Returns and Exchanges.
(a) Points earned
on purchases that are subsequently returned
will be deducted from your account.
(b) With the exception of reward is non-returnable.
If the merchandise, are damaged, exchanges
will be allowed within 30 days of shipment
date. Rewards will be returnable for Points
only within 30 days of the shipment date.
(c) If the selected reward item is cancelled
by the warehouse, the corresponding non-expired
points will be credited back to your account.
6. Non-transferability.
(a) No Points earned or granted under the
Program may be assigned or transferred to
any third party except as expressly permitted
by Philtel.com in writing. The sale or barter
of any such points, other than by Philtel.com,
is strictly prohibited. Accrued points do
not constitute property, and are not transferable:
(i) upon death; (ii) as part of a domestic
relations matter; or (iii) otherwise by operation
of law. Any Points assigned, sold, or otherwise
transferred in violation of this Agreement
may be confiscated or canceled. Any violator
of the foregoing restriction is subject to
account termination, and/or liability for
damages and litigation and transaction costs.
(b) Points from multiple accounts cannot be
combined or transferred to any other account,
even if they belong to the same individual
except permitted by Philtel.com in writing.
7. Scope
of Agreement.
(a) Participation in the Program constitutes
your agreement to be bound by the terms and
conditions of this Agreement. Philtel.com
reserves the right, at its discretion and
at any time, to change, modify, add or delete
any portion of this Agreement at any time.
Notification of changes to this Agreement
will be posted in your Philtel.com Membership
section at Philtel.com's website.
(b) If the terms or conditions of this Agreement
in its current form, or any future changes
to this Agreement are unacceptable to you,
or cause you to no longer be in compliance
with the Agreement, you may cancel your participation
in the Program by promptly notifying Philtel.com
(see Section 9 regarding termination). Your
continued participation in the Program now,
or within thirty (30) days following the posting
of notice of any changes in these terms and
conditions, will constitute a binding acceptance
by you of such rules, changes or modifications.
8. Program
Changes/Suspension/Discontinuance.
Philtel.com may change, suspend or discontinue
any aspect of the Program at any time, including
the availability of any Program feature, database,
or content, with or without notice. In the
event of termination of the Program, You will
have ninety (90) days from the date notice
of termination of the program is provided
to Members to accumulate and redeem points
in your account. Notification of Program termination
will be sent to the e-mail address you provide
to Philtel.com as part of your Philtel.com
account. Philtel.com will not be responsible
for failing to notify you of Program termination
where such failure is caused by an error in
your e-mail program, an inaccurate e-mail
address, your failure to check for your e-mail
online, or your failure to inform Philtel.com
of a change in your e-mail address.
9. Termination.
(a) You may terminate your participation in
the Program at any time by sending an email
with the Subject "Cancellation,"
along with your account number to: sales@philtel.com
If you terminate your membership, you will
no longer earn points on purchases, but your
current points earned and points pending will
be held should you choose to re-enroll.
(b) Philtel.com may, in its sole discretion,
terminate or suspend your participation in
the Program for any reason whatsoever, including,
without limitation, breach of the Agreement,
any fraud or abuse relating to the accrual
or redemption of Points or rewards, or any
misrepresentation of any information furnished
to Philtel.com or its affiliates by you, or
anyone acting on your behalf. Termination
for cause may result in the forfeiture of
your Points at Philtel.com's discretion.
10.
Disclaimer of Warranty.
Philtel.com's site, the Program and all rewards
are provided on an "as is" basis
without warranties of any kind, either express
or implied, including, without limitation,
warranties of title or implied warranties
of merchantability or fitness for a particular
purpose.
11. Limitation
of Liability.
In no event shall Philtel.com be liable to
You for any direct, indirect, special, exemplary,
consequential or incidental damages, whether
such damages are alleged in tort, contract
or indemnity arising out of (i) the use or
inability to use the Philtel.com site or your
account; (ii) the Program; (iii) any failure,
delay or decision by Philtel.com in administering
the Program; and (iv) the redemption or use
of any reward, even if Philtel.com is informed
of the possibility of such damages. In the
event of dissatisfaction, your sole and exclusive
remedy is to terminate participation in the
Program.
12. General
Provisions.
(a) All questions or disputes regarding the
Program, including without limitation, questions
or disputes regarding eligibility for the
Program, or the accrual or redemption of Points,
must be submitted in writing within 90 days
of the qualifying transaction to: Philtel.com
Rewards? Program Philtel.com,Inc. 18760
E.Amar Rd #116, Walnut, CA 91789 USA Any such disputes
shall be resolved by Philtel.com at its sole
discretion. All interpretations of this Agreement
shall be at the sole discretion of Philtel.com.
In the event that an error is made by Philtel.com,
your sole remedy shall be the credit of the
disputed Points to your account.
(b) You authorize Philtel.com to disclose
to third parties information you have provided,
or information that Philtel.com has obtained
about your Philtel.com Points account to agents
of Philtel.com or its affiliates such as independent
auditors, consultants, or attorneys, to comply
with government agency or court orders or
requests; or as necessary for redemption or
transfer of points.
(c) The terms and conditions of this Agreement
represent the entire understanding between
Philtel.com and You with respect to the subject
matter of this Agreement, and supersede all
prior and contemporaneous agreements express
or implied, oral or written, except as herein
contained. This Agreement may not be modified
or amended other than by Philtel.com.
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