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Terms And Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICES OF THIS WEBSITE.THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (hereinafter called the "MEMBER") AND TOSHIBA SINGAPORE PTE LTD. (hereinafter called "TOSHIBA") ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THE MEMBER IS ENTITLED TO PARTICIPATE IN THE TOSHIBA ePARTNERS PROGRAM (hereinafter called the "PROGRAM"). USE OF THE PROGRAM IMPLIES THAT THE MEMBER ACCEPTS THESE TERMS AND CONDITIONS (hereinafter called the Terms & Conditions).
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| It is the Member's responsibility to read and understand the information provided on these pages before participating in the Program. These pages are frequently updated. Further, it is the Member's responsibility to check these pages regularly to determine whether the restrictions have been modified. If the Member does not agree to any such modification, the Member must immediately cease participation in this Program. |
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| 1. The Program |
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| 1.1 The Program offered by TOSHIBA is one where points are earned by the Member of the Program (hereinafter called "TOSH-points") for the sale and/or purchase of products listed here (hereinafter called "Eligible Products") or by joining certain training as specified by TOSHIBA that will then be redeemable for gifts (hereinafter called "Rewards"). |
| 1.2 The Program will be available from 1 April 2007 and shall serve as an on-going or continuing Program for Members until TOSHIBA terminates the Program. |
| 1.3 The Program will run in participating countries, and TOSHIBA has the absolute discretion to add or remove any of the countries at any time. |
| 1.4 The Program has a website located at http://epartners.toshiba-asia.com/ (hereinafter called "Program Website") where the Member will be able to log in using a unique User ID and Password, provided by the Program. |
| 1.5 The Member will be given a password and the Member shall safeguard the password and shall adhere to any procedural, security and other requirements relating to its use. |
| 1.6 The Program Website will allow the Member to make redemptions, update their particulars, check their point balance and view the latest Catalogues and promotions. |
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| 2. Eligibility and membership |
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2.1 The Program is open to the following segments:
a) Owners of Authorized TOSHIBA Resellers
b) Business Managers of Toshiba Mass Merchants/Volume Partners
c) Sales Representatives working at Authorized TOSHIBA Resellers
d) Sales Representatives working at any retailer shop selling TOSHIBA products
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| 2.2 To participate in the Program, the Member needs to fill in the registration form and TOSHIBA will provide final and binding approval or rejection of their registration. The Member is also required to submit all such supporting documents as TOSHIBA may require to satisfy the minimum eligibility criteria. Failure to do so will result in delayed processing/rejection of the application. From time to time, TOSHIBA may pre-approve prospective Members to join the Program. There is no joining fee to join the Program. The registration is granted at the sole discretion of TOSHIBA whose decision on this shall be final and binding. |
| 2.3 Employees of TOSHIBA and/or its Affiliates and their immediate families and anyone else professionally connected with the Program, shall not be eligible to participate in the Program. "Affiliate," means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, which directly or indirectly control, are controlled by, or are under common control with TOSHIBA. |
| 2.4 Each Member must ensure that his/her participation in the Program is lawful and is in accordance with the applicable laws in the country where they are employed. |
| 2.5 An incomplete or unapproved registration form from the Member shall be rejected. |
| 2.6 The Member acknowledges that TOSHIBA may, at its sole discretion, restrict, suspend, withdraw or otherwise alter aspects of or the whole of the Program, with or without notice at any time to the Member. |
| 2.7 If in TOSHIBA's sole opinion, the Member abuses any of the Program privileges, fails to comply with any of the Terms & Conditions or makes any misrepresentation to TOSHIBA, TOSHIBA reserves the right to terminate the Member's participation in the Program or revoke all theTosh-points that have been earned by the Member. TOSHIBA's determination on the matters shall be final and conclusive. |
| 2.8 Member must provide sufficient particulars, including organization, company or residential address, email, fax and phone number (hereinafter called the "Personal Information") to ensure that all Program communications are being sent to the proper address. The Member must notify the TOSHIBA through the Program Website immediately of any change to the Contact Particulars. If the Member fails to do so then TOSHIBA or any of its vendors will not be held responsible for any loss that results from the above. |
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| 3. Earning reward points |
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| 3.1 With the sale and/or purchase of Eligible Products made by the Member during the Program Period and by joining other trainings/programs/promotions as specified by TOSHIBA, the Member will be able to earn TOSH-points based on the TOSH-points structure, which is available on the Program Website. The list of Eligible Products may vary from country to country, and TOSHIBA may at any time vary the Eligible Products list. |
| 3.2 The Member may redeem the TOSH-points for Rewards as set out in the current Program catalogue or any other special Rewards offered by the Program as may be determined by TOSHIBA from time to time in its absolute discretion. The current Program catalogue or such other special Rewards will be listed on the Program Website. |
| 3.3 TOSHIBA reserves the right to change the basis on which TOSH-points are awarded (including number of Points rewarded) or the list of Eligible Products at any time, without notice, at TOSHIBA's sole discretion. |
| 3.4 TOSH-points have no cash value, and are not exchangeable for cash. TOSH-points cannot be sold, purchased, assigned, or transferred, except as specifically provided in the terms herein or as may be allowed on the Program's Website. |
| 3.5 The Member will be able to view their monthly statements online showing the TOSH-points that they have accumulated via the Program Website. TOSHIBA reserves the right to delay or postpone the issuance of statement. In the absence of obvious error, the number of TOSH-points stated in the Program Website will be binding and conclusive. |
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| 4. Redemption of rewards |
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| 4.1 The Member may use unexpired TOSH-points to redeem Rewards in accordance with prevailing offers or programs. TOSH-points will be utilized on a first-in-first-out basis. Redemption of Rewards is subject to the Member having sufficient TOSH-points and is subject to stock availability, which will be based on first-come-first-serve basis. |
| 4.2 Redemption of Rewards can be done online via the Program Website by the Member or offline by filling in appropriate forms as provided by TOSHIBA and sending it back to the Program to be processed. Offline Redemption of Rewards by using other different form will not be entertained. |
| 4.3 Rewards redeemed which take the form of vouchers ("Vouchers") shall be delivered to a designated address in accordance with clause 4.4 below. Rewards, which are redeemed in the form of physical goods, shall be collected by the Member from the respective merchants responsible for the supply of such goods, details of which shall be indicated in an authorization letter issued by the Program to the Member. Rewards will only be delivered to an organization, company or residential address. No delivery will be made to a P.O. Box address. |
| 4.4 After verification and processing of the Reward Request, the delivery of Rewards will take approximately 21 business days (hereinafter called the "Delivery Period"). In cases where Reward items are not available from the vendor at the time of redemption and the Member is unwilling to accept an alternative Reward item in substitution, the Delivery Period may be extended subject to availability of such items from the respective merchants. Any such extension will be communicated to the Member by the Program. |
| 4.5 All Rewards redeemed submitted by the Member cannot be exchanged for cash, revoked or cancelled by the Member nor any claim for cash refund entertained. |
| 4.6 In the event the Rewards involve travel packages or travel tickets, the selected Member shall be responsible for procuring and paying the cost of all necessary documents and procedures in order to travel, including but not limited to passports, visas, taxes and any other travel documents. All travel arrangements relating to the Rewards are subject to availability, as determined in TOSHIBA's sole discretion. |
| 4.7 Collection of the Rewards must be done within TWO (2) months from the date of issue of the authorization letter or in the case of an alternative Reward accepted in substitution of the Reward originally ordered, from the date the Member agreed to the alternative Reward, as the case may be. Any failure on the part of the Member to do so for any reason whatsoever will result in the automatic forfeiture of the Reward concerned. For the avoidance of doubt, the TOSH-points used in the redemption of the Reward may not be returned or credited back to the Member notwithstanding that the Member did not collect the Reward or in the case of Vouchers, if the Voucher was undeliverable for any reason attributable to the Member's own fault (e.g. furnishing an incorrect delivery address for redemption of Rewards). |
| 4.8 The Member is advised to examine the Reward item upon delivery. In the case of Vouchers, if the details in the Voucher are incorrect, it must be returned to the courier company within 7 days of receipt of the Voucher. In the case of faulty, damaged and/or defective goods, the Reward must be returned by the Member at the Member's own cost in its original packaging to the delivery person or the merchant within ONE (1) week from the date the Member (a) received the Reward item or (b) collected the Reward item, as the case may be. |
| 4.9 Installation of any electrical or electronic goods redeemed shall be the Member's sole responsibility and at the Member's own cost. |
| 4.10 Taxes and other levies imposed by any relevant applicable government or tax authority, as well as other costs including, insurance and incidental costs, that may be levied or incurred on the Rewards shall be fully borne by the Members. |
| 4.11 All Rewards are subject to availability and any restriction may apply as to where and when the Rewards may be redeemed. TOSHIBA reserves the right, at its sole discretion, to discontinue an item or to substitute a similar item of equal value at any time without notice prior to that item being redeemed. TOSHIBA provides no guarantee that any Rewards will remain available for the entire term of the Program. |
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| 5. Points deduction and validity |
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| 5.1 Each TOSH-points awarded will be valid for ONE (1) year after the date of it is being awarded. |
| 5.2 When redeeming Rewards, TOSHIBA will deduct the TOSH-points earned by date order so that the earliest accumulated TOSH-points will be deducted first. |
| 5.3 TOSHIBA may, at its sole determination, deduct from Member's remaining TOSH-points: |
| 5.3.1 Any TOSH-points suspected to be fraudulently recorded or earned by the Member; |
| 5.3.2 Any TOSH-points recorded in error; or |
| 5.3.3 Any TOSH-points relating to a transaction which has been cancelled. |
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| 6. General |
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| 6.1 The Personal Information submitted by the Member during the registration process will only be used by the TOSHIBA, its Affiliates and/or its vendors in accordance with applicable data protection regulations and Toshiba Corporation's privacy policy referred to below, for the purposes of administering your participation in the Program. For more details on Toshiba Corporation's privacy policy, please see: http://www.toshiba-asia.com/privacy.jsp |
| 6.2 TOSHIBA reserves the right to cancel or revise or suspend the Program or the Terms & Conditions at any time it deems necessary without notice. TOSHIBA may (but shall not be obliged to) give advance notice to the Member in the manner it deems appropriate in the event it decides to cancel, revise or suspend the Program or the Terms & Conditions. |
| 6.3 Termination of the Program will take effect on the date stated in the notice (where it has been given) and the Member must use any remaining TOSH-points within FIFTEEN (15) days from the date stated in the notice. No redemption of Rewards shall take place after that date and no new TOSH-points shall be issued during this period notwithstanding that the Member may have sold new Eligible Products to his customers. |
| 6.4 In addition to these terms and conditions, other specific terms may be imposed by TOSHIBA any time to deal with any unforeseen circumstances. TOSHIBA also reserves the right to change these Terms & Conditions and, or, any other rules and regulations in respect of the Program at any time without notice, without assigning any reason and without any liability whatsoever. Members are requested to refer to such other terms and conditions, if any, which may be displayed on-line or intimated separately as TOSHIBA considers fit. However, TOSHIBA is under no obligation to separately inform each individual Member with regard to such additional terms and conditions. |
| 6.5 The Member acknowledges and agrees that no form of cheating will be tolerated. Any Member found cheating, as determined in the sole and absolute discretion of TOSHIBA, would immediately be disqualified from further participation in the Program. Cheating includes, but is not limited to, using multiple identification numbers, tampering with, hacking of the Program Website, participating in the Program without meeting the eligibility requirements, fraudulently cause TOSH-points to be recorded, redemption of Rewards without the requisite number of TOSH-points, using any automated software or device to gain an advantage, use of the Program beyond the defined rules of the Program, attempting to disable or overwhelm any of TOSHIBA's websites or the Program Website, attempting to disrupt any portion of the Program, including but not limited to, allowing somebody else to use your Personal Information, or tampering with entry process. ANY ATTEMPT BY THE PARTICIANT TO DELIBERATELY DAMAGE ANY OF THE TOSHIBA'S WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS; AND SHOULD SUCH AN ATTEMPT BE MADE, TOSHIBA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. TOSHIBA's failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that or of any other provision. The Organizer is not responsible for printing or typographical errors in any Program related materials; or for registrations that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error; including inability to access any website associated with the Program. The Program is void where prohibited or restricted by law, and is subject to all applicable laws. |
| 6.6 All questions or disputes regarding eligibility for the Program or the TOSH-points accrual or redemption of Rewards will be determined by TOSHIBA at its sole discretion. |
| 6.7 The Member undertakes and declares that for participating in the Program, the Member shall not use any unauthorized or unlicensed software. In the event, the Member is found to be doing so, such Member shall forthwith be disqualified from the Program. |
| 6.8 Redemption of Rewards with insufficient TOSH-points will not be processed. |
| 6.9 There is no trial period for any Rewards redeemed. |
| 6.10 TOSHIBA's decision on all matters pertaining to the Program is final and binding on all parties. |
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| 7. Disclaimers |
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| 7.1 TOSHIBA and any agents, contractors (if any) that it may use in the execution and management of this Program do not warrant or represent (either directly or indirectly): |
| 7.1.1 that participation in and/or access to the whole or part(s) of the Program, Program materials, contents, information and/or functions contained therein will be provided uninterrupted, timely, secure and error-free. |
| 7.1.2 that the quality of Rewards items redeemed by Member will meet Member&'s expectations in any way. Neither does TOSHIBA make any warranty or representation as to the merchantability, suitability of the Reward for the Member's purposes or fitness for use of the Reward redeemed by the Member. |
| 7.1.3 that no computer viruses shall be transmitted or that no damage shall occur to Member&'s computer system as a result of any online activity of the Program. |
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| 7.2 Any material downloaded or otherwise obtained through the Internet is done at the Member&'s own discretion and risk and that the Member will be solely responsible for any damage to the Member&'s computer system or loss of data resulting from such download. |
| 7.3 Nothing in the Program shall affect any intellectual property rights of TOSHIBA in any product or service, which may be the subject matter of the Program. |
| 7.4 Other than the limited warranties that TOSHIBA and/or its Affiliates may provide in respect of products of TOSHIBA and/or its Affiliates, the Rewards that may be redeemed using the TOSH-points (whether featured in a catalogue, website or any other medium) are provided by TOSHIBA "AS IS" without warranties of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. TOSHIBA does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise in respect of the materials on this site or any sites linked to this site. All product warranties or queries on the Rewards redeemed should be referred to the original supplier or manufacturer directly. Any dispute concerning the Rewards (quality or otherwise whatsoever) shall be settled between the Member and the supplier or manufacturer concerned that supplied or manufactured the Rewards. |
| 7.5 Limitation of Liability: Without prejudice to any provisions in the foregoing, Members expressly understand and agree that TOSHIBA, its Affiliates, its vendors and/or the Program shall not be liable for (a) any losses, costs and damages resulting from the Member's enrollment on the Program, use of the Program, redemption of the Rewards and use of the Reward items (b) any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses even if TOSHIBA its Affiliates and/or its vendors have been advised of the possibility of such damage(s) resulting from Member's participation in the Program and/or its redemption and use of the Rewards. |
| 7.6 The Member agree to indemnify, defend and hold TOSHIBA, its Affiliates and/or its vendors, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (together, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of (i) your use of or access of the Program or to the Program Website; (ii) redemption of Rewards and use of the Rewards; (iii) violation or any breach by you of these Terms & Conditions; or (iv) violation of any third party right, including without limitation any copyright, property or privacy right. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Program Website. |
| 7.7 Notice: Notices to Members may be made via either e-mail or regular mail. The Program Website may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices to Members generally on the service. |
| 7.8 Governing Law: The Terms & Conditions shall be governed by and construed in accordance with the laws of Republic of the Philippines and any person who is not a party to this agreement shall not have any rights to enforce any of the terms herein. For purposes of this paragraph, "person" shall mean a human being or a corporate entity (whether or not having separate legal existence) as the case may be. |
| 7.9 If any provision of the Terms & Conditions is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of these Terms & Conditions, unless TOSHIBA reasonably and in good faith deems the unenforceable provision to be essential to these Terms & Conditions, in which case either party may terminate this agreement, effective immediately upon notice to the other party. |
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