Terms of Use

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Image Description
Welcome to burket.ph ("the Site").
Burket.PH, Inc. ("Burket") provides the platform that allows users to sell on Burket or buy from Burket with different kinds of products.
This Terms of Use describe the terms and conditions applicable to your access and use of the Site. This document is a legally binding agreement between you as the user(s) of the Site (referred to as "you", "your" or "User" hereinafter) and Burket (referred to as "we", "our" or "Burket" hereinafter).
1. Acceptance of the Terms
Your use of the Site and Burket’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document, the Privacy Policy, the Product Listing Policy and any other rules and policies of the Site that Burket may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
You may not use the Services and may not accept the Terms if you are not permitted to receive any Services under the laws of the Philippines or other countries / regions including the country / region in which you are resident or from which you use the Services.
You acknowledge and agree that Burket may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
Burket has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
You may be required to enter into a separate agreement, whether online or offline, with Burket for any Service (the “Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
2. Burket’s Services
Burket is the contracting entity that you are contracting, and it is a company incorporated in the Philippines.
You must register as a registered User on the Site in order to access and use some Services. Burket reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users or subject to other conditions that Burket may impose in our discretion.
Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Burket may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
Burket may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.
3. User Account
User must be registered on the Site to access or use some Services, User will be confirmed the registration to use the Site upon the approval of Burket. User will be required to provide information or material about your entity, business or products/services, your company incorporation proof or other proof as requested by Burket as part of the registration process on the Site or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Burket has the right to reject any registration application or suspend or terminate any User account for any reason at any time.
Upon registration on the Site, Burket shall assign an account and issue a user ID to each registered User, who shall set a password of its choice and on its own for such account. A set of user ID and password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. No User may share, assign, or permit the use of your user account, ID or password by another person outside of the User’s own business entity.
User should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings in the Site. User agrees to notify Burket immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
User agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or messages) will be deemed to have been authorized by the User.
User agrees that in case of User’s failure to maintain the security of your account, Burket shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to User.
User must not use any Services: (i) in any way that causes, or is likely to cause, any Services, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
4. General Rules
You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Burket, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Burket is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of Burket nor to gain unauthorized access to such computer systems or networks.
5. User’s Responsibilities
As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
Each User represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Services for business purposes only.
Upon becoming a registered User, you consent to the inclusion of the contact information about you in our database and authorize Burket to use your personal information in accordance with the Privacy Policy.
Each User further represents, warrants and agrees that you shall/are:
5.4.1 carry on your activities on the Site in compliance with any applicable laws and regulations;
5.4.2 conduct your business transactions in good faith;
5.4.3 carry on your activities in accordance with the Terms and any applicable Additional Agreements;
5.4.4 not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
5.4.5 not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
5.4.6 not engage in spamming or phishing;
5.4.7 not engage in any other unlawful activities or encourage or abet any unlawful activities;
5.4.8 not involve attempts to copy, reproduce, exploit or expropriate Burket’s various proprietary directories, databases and listings;
5.4.9 not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
5.4.10 not involve any scheme to undermine the integrity of the data, systems or networks used by Burket and/or any user of the Site or gain unauthorized access to such data, systems or networks;
5.4.11 not, and any of your directors, officers, controlling parties, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
5.4.12 not engage in any activities that would otherwise create any liability for Burket or our affiliates.
User shall and shall procure that persons associated with it or other persons who are using the Services via the Site in connection with the Terms shall: comply with all applicable laws and regulations relating to anti-bribery and anti-corruption; promptly report to Burket any request or demand for any undue financial or other advantage of any kind received by it in connection with the Terms; and have and shall maintain in place its own policies and procedures, including but not limited to adequate procedures and will enforce them where appropriate.
User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Burket’s provision of the Services, evaluating whether User has breached the Terms. If User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Burket shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
User acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
6. Intellectual Property Rights of Burket
Burket is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations. The Site and Site Content embody trade secrets and other intellectual property rights protected under the Philippines and international copyright and moral rights laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Burket, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Burket are hereby reserved.
You may not extract and/or re-utilise parts of the content of any Services without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Services, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Services without our express written consent.
Burket may have independent third parties involved in the provision of the Services. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Services are trademarks or trade dress of Burket. Burket's trademarks and trade dress may not be used in connection with any product or service that is not Burket's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Burket. All other trademarks not owned by Burket that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Burket.
7. Electronic Communications
When you use any Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website, chatroom or through the other Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
8. Disclaimer and Limitation of Liability
To the maximum extent permitted by law, the services provided by Burket on or through the Site are provided "as is", "as available" and “with all faults”, and Burket hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, and undertakings are hereby excluded. Burket makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, unless otherwise specified in writing. You expressly agree that your use of the Services is at your sole risk.
To the maximum extent permitted by law, Burket makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Site; Burket does not represent or warrant that the manufacture, importation, export, distribution, offer, purchase, sale and/or use of products or services offered or displayed on the Site does not violate any third party rights; and Burket makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site.
We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
While the posting, uploading or linking, or similar acts relating to messages, information, news, video clips, graphs, illustrations, websites, reviews, reactions and other communication and content (Postings) by Users and other parties is part of the Services, Burket shall not in any way be liable for the validity, accuracy, reliability, currency, legality, and intellectual property integrity of the Postings, and parties who make the Postings shall fully indemnify Burket for any loss or damage it sustains by reason of any action, including legal action, that affected parties may take in relation to the Postings.
We will use our best endeavours to maintain the Site and the security of all information, data and materials posted and stored therein. However, due to possible errors and/or failure of the system that is beyond our control, Burket will not be held liable for any failure of the Site and/or leakage of any information, data and materials contained therein.
Burket attempts to be as accurate as possible. However, Burket does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Burket’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Burket or through or from the Site shall create any warranty not expressly stated herein.
Each User hereby agrees to indemnify and save Burket, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services or from your breach of any of the terms and conditions of the Terms and Additional Agreements. Each User hereby further agrees to indemnify and save Burket, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Burket.
Each User hereby further agrees to indemnify and save Burket, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants against your products and services. Burket reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Burket in asserting any available defenses.
Burket shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
8.9.1 the use or the inability to use the Site or Services;
8.9.2 any defect in goods, samples, data, information or services purchased or obtained through the Site;
8.9.3 violation of third party rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services that may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants;
8.9.4 unauthorized access by third parties to data or private information of any User; or;
8.9.5 any matters relating to Services however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of Burket, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Burket or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Terms.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Burket has been advised of or should have been aware of the possibility of any such losses arising.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
9. Force Majeure
Under no circumstances shall Burket be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Notices
All legal notices or demands to or upon Burket shall be made in writing and sent to Burket personally, by courier, certified mail, or facsimile to the following entity and address: [address], Attn: [department]. The notices shall be effective when they are received by Burket in any of the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Burket, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
10.1.1 Burket is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
10.1.2 immediately upon Burket posting such notice on an area of the Site that is publicly accessible without charge.
You agree that all agreements, notices, demands, disclosures and other communications that Burket sends to you electronically satisfy the legal requirement that such communication should be in writing.
Prohibited Businesses
The following categories of businesses and business practices are prohibited from using theBurket Service ("Prohibited Businesses"). Prohibited Business categories may beimposed through Network Rules or the requirements of our Financial Services Providers.The types of businesses listed in the right column are representative, but not exhaustive. Ifyou are uncertain as to whether your business is a Prohibited Business, or have questionsabout how these requirements apply to you, please.
By registering with us, you are confirming that you will not use the Service to acceptpayments in connection with the following businesses, business activities or businesspractices.
Financial and professional services
Investment & credit services
Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estateopportunities; lending instruments
Money and legal services
Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds;collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for servicesprovided by the firm (e.g., firms cannot use Burket to hold client funds, collection or settlement amounts, disputedfunds, etc.)
Virtual currency or stored value
Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwiseexit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone otherthan the seller
IP Infringement, regulated or illegal products and services
Intellectual property or proprietary rights infringement
Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitatesinfringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;use of Burket intellectual property without express consent from Burket; use of the Burket name orlogo including use of Burket trade or service marks inconsistent with the,or in a manner that otherwise harms Burket or the Burket brand; any action that implies an untrueendorsement by or affiliation with Burket
Counterfeit or unauthorized goods
Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported
Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
Regulated or illegal products or services
Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods;toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-statebasis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your businessis targeted or directed
Adult content and services
Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
Unfair, predatory, or deceptive practices
Get rich quick schemes
Investment opportunities or other services that promise high rewards
Mug shot publication or pay-to-remove sites
Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm
No-value-added services
Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatorytowards consumers
Products or services that are otherwise prohibited by our financial partners
Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds
Drug paraphernalia
Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
High risk businesses
Bankruptcy lawyers; computer technical support; psychic services; travel reservation services and clubs; airlines;cruises; timeshares; prepaid phone cards, phone services, and cell phones; telemarketing, telecommunicationsequipment and telephone sales; drop shipping; forwarding brokers; negative response marketing; credit cardand identity theft protection; the use of credit to pay for lending services; any businesses that we believe poseselevated financial risk, legal liability, or violates card network or bank policies; any business or organization thata. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, orb. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion,disability, gender, sexual orientation, national origin, or any other immutable characteristic
Multi-level marketing
Pyramid schemes, network marketing, and referral marketing programs
Pseudo pharmaceuticals
Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
Social media activity
Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity
Substances designed to mimic illegal drugs
Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
Video game or virtual world credits
Sale of in-game currency unless the merchant is the operator of the virtual world
Use of Burket in a manner inconsistent with its intended use or as expressly prohibited in the Burket Terms of Use
Use of Burket principally as a virtual terminal (e.g., submitting card transactions by manually inputting cardinformation); processing where there is no bona fide good or service sold, or donation accepted; card testing;evasion of card network chargeback monitoring programs; sharing cardholder information with another merchantfor payment cross-sell product or service
Last Updated: April 10, 2020