Terms & Conditions
The following are the Terms and Conditions for purchases of CHERRY ROAM products and/or services from CHERRYMOBILE COMMUNICATIONS INC. (hereafter “CHERRY ROAM”). In order to place an order with our Company, you must read and agree to the terms and conditions (“Terms and Conditions”) set forth below. It is your responsibility to read and fully understand the Terms and Conditions completely and thoroughly, so please do not hesitate to contact us if you have any questions.
CHERRY ROAM and you (the “Customer”) hereby agree to the following Terms and Conditions with respect to the product and/or service offering by CHERRY ROAM to the Customer of the wireless communication device and peripheral equipment (the “Equipment”), including, but not limited to, mobile hotspots, USB cables, User Manuals, and related or additional services (the “Services”) which are described herein or included in any written agreement between Customer and CHERRY ROAM for products and/or services (the “Agreement”).
I. Acceptance of Terms and Conditions
- If the Customer places an order via CHERRY ROAM’s website (www.cherryroam.com.ph), the successful online payment transaction shall constitute the Customer’s acceptance of the Terms and Conditions. If the Customer places an order via CHERRY ROAM’s authorized Distributors or by any other method, acceptance of the Equipment shall constitute the Customer’s acceptance of these Terms and Conditions.
- If the Customer is an entity other than an individual, the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
III. Equipment Delivery
- An order for the Equipment must be placed by the Customer before 5 PM (Philippine Standard Time) Monday to Friday (no orders are processed on weekends) in order to be prepared for standard delivery options which include courier’s delivery to the designated address by Customer order or self-pick-up at CHERRY ROAM’s specified sales network, whichever way the Customer may choose in his/her discretion when placing the order. If the Customer’s order for Equipment arrives after 5 PM, then the Equipment order will be considered to be placed on the next business day.
- From the end of the Usage Term (the time period replica watches
in which the Customer is being charged for the Services), the Customer has two (2) business days to return the Equipment to CHERRY ROAM. Late fees begin to accrue on the third (3rd) business day after the Usage Term ends
- CHERRY ROAM will take responsibility for the Equipment during transportation to the Customer’s address as designated by the Customer.
- Standard delivery dates are business days (non-holidays) Monday through Friday. Delivery on weekends or public holidays is available at an additional cost to the Customer as CHERRY ROAM deems fit.
- CHERRY ROAM will use reasonable efforts to deliver the Equipment prior to the date the Customer is scheduled to leave the country, but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
- The Customer will accept the Equipment when delivered on or before the Departure Date, and if for any reason the Customer fails to accept the Equipment when delivered on or before such date, the Customer shall nevertheless be liable for the stated Service Charges and any applicable cancellation charge per the Terms & Conditions in which the Equipment was ordered.
- If the Customer is not present when the Equipment is delivered to the Customer’s address, the Customer is authorizing CHERRY ROAM and its agent or delivery company to drop off the Equipment at the Customer’s shipping address. From the time the equipment is delivered to the Customer’s address, the Customer is responsible for the care of the Equipment.
- Service Period or Usage Term – The number of days between the Departure Date and Return Date as specified by Customer in placing an order with CHERRY ROAM.
- The Customer shall and agree to pay for renting the service of the Equipment, which is calculated on a per-day and/or per gigabyte basis from the following date of the collection date (the date when Customer collects the Equipment) until the date of return (the date when a customer returns the Equipment). The data roaming package rates are and only calculated on a per-day basis and/or per gigabyte basis and fractional charges do not apply to the service.
- A daily rental fee of Fifty Pesos (PhP/50.00) will be collected in addition to the data roaming packages. The rental fee shall be computed based on the Usage Term and shall be deducted from the rental deposit at the end of the Service Period or Usage Term.
- A rental deposit amounting to Two Thousand Pesos (PhP/2,000.00) will be required upon payment and will be returned to the Customer, less the applicable rental fees, when all the Equipment is returned to CHERRY ROAM in good and working condition at the end of the Service Period or Usage Term.
- CHERRY ROAM is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not CHERRY ROAM is aware of such charges or damages at the time of the return of the Equipment. All charges, damages and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Service Period or Usage Term, or if not computed at the end of the Service Period or Usage Term, then upon demand given by CHERRY ROAM to the Customer.
- The Service Charges are charged to the Customer’s credit card or by other payment methods acceptable to CHERRY ROAM upon placement of the Customer’s order. Any other amounts due to CHERRY ROAM under this Agreement are payable at the end of the Usage Term or on such date as may be specified by CHERRY ROAM in writing. CHERRY ROAM shall be entitled to charge interest at the rate of five percent (5%) per month (or partial month) or highest lawful rate, whichever is less, on any overdue amounts.
- CHERRY ROAM reserves the right to charge a late return fee of One Hundred Pesos (PhP/100.00) per day for every additional day incurred after three (3) working days of the Customer’s indicated return date. The Customer shall notify CHERRY ROAM not later than two (2) working days after the indicated return date if there were any difficulties in returning the Equipment within this period for case-by-case consideration.
- Customer shall inform CHERRY ROAM immediately for any cancellation of this Agreement. There is no penalty if the cancellation is done more than five (5) working days before the indicated departure date. The amount paid for by the Customer shall be refunded within seven (7) to fourteen (14) working days. A penalty of Seven Hundred Pesos (PhP/700.00) shall be imposed if the cancellation is done within or less than five (5) working days before the indicated date of departure. Also, a penalty of One Thousand Pesos (PhP/1,000.00) shall be charged if the cancellation is done on/after the indicated departure date. Any remaining amount will be refunded within seven (7) to fourteen (14) working days to the Customer.
- The Customer shall be liable for any and all damages sustained by the Equipment directly resulting from the Customer’s intentional acts, fault or negligence. CHERRY ROAM shall and hold the right to bill the Customer, at any point in time after the Equipment has been returned, upon its discovery of the damages and/or missing components on the Equipment. All charges and amount billed pursuant to this Agreement are payable by http://www.watchsourceguide.com the Customer at the end of the rental period, or if not, computed at the end of the rental period, then upon demand by CHERRY ROAM to the Customer.
Loss and Damage of: Without insurance With Insurance Equipment PhP/7,000.00 PhP/2,000.00 Bag/Pouch PhP/200.00 - Cable PhP/100.00 - Product Manual PhP/50.00 - User Guide PhP/50.00 -
- Insurance. The Customer may opt to pay an insurance premium amounting to Three Hundred Pesos (PhP/300.00). Insurance shall cover the risk for any loss, damage and/or theft of the Equipment.
- Pricing. All prices are in Philippine Pesos.
- If the Customer is having any difficulty with using the Service while at their destination, the Customer must notify CHERRY ROAM within the Service Period or Usage Term in order to qualify for any possible refund or discount to a Charge. Any refund or discount to a Charge is provided solely at CHERRY ROAM’s discretion.
- Customer must notify CHERRY ROAM in writing of any final disputes regarding Charges within thirty (30) days from receipt of the invoice, or final payment notification, containing the disputed Charge or else the right to dispute the Charge will be waived.
Customer shall be liable for and obligated to pay CHERRY ROAM for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce CHERRY ROAM’s rights under this Agreement.
V. Payment and Forms of Payment
- The Rental Fee is charged to the Customer’s credit card or by other payment methods acceptable to CHERRY ROAM upon placement of the Customer’s order. Any other amounts due to CHERRY ROAM under this Agreement are payable at the end of the Service Period/Usage Term or such date as may be specified by CHERRY ROAM in writing.
- By providing CHERRY ROAM with a Credit Card, the Customer represents that CHERRY ROAM is authorized to make charges on such account.
- At CHERRY ROAM’s sole discretion, it may establish invoicing for corporate or other Customers.
VI. Use of Equipment
- Upon delivery to the Customer, CHERRY ROAM will provide instructions on the use of the Equipment by way of a User’s Manual.
- The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions within the User Manual and in no other method.
- The Customer agrees not to:
- Use the Equipment in any country not listed in the original order for purposes other than the setup and configuration;
- Effect any repairs or modifications to the Equipment, or attempt to reverse engineer the Equipment;
- Remove or interfere with any certification markers affixed to the Equipment;
- Deface, modify or add to the Equipment;
- Sublet or allow the use of the Equipment by any unauthorized third party; or
- Attempt to dispose of the Equipment, or encumber or grant any interest in the Equipment to any unauthorized third party.
- In the event of any loss, damage, theft or disappearance of the Equipment during the Service Period or Usage Term of the Customer, regardless of circumstances, the Customer shall pay CHERRY ROAM upon its demand, an amount equivalent to the value of the Equipment in accordance with CHERRY ROAM’s then-current listed prices in the Terms and Conditions. In the event the Equipment is stolen or lost, the Customer is liable for all Service Charges on such Equipment until it is deactivated by CHERRY ROAM.
- During the Use of the Equipment, the Customer should contact CHERRY ROAM for any troubleshooting or customer support issues in order to provide CHERRY ROAM the opportunity to resolve any such difficulties.
VII. Loss or Damaged Equipment
- In the event that the Customer’s Equipment has been lost, damaged, stolen, or disappeared, the Customer must notify CHERRY ROAM immediately by email (firstname.lastname@example.org).
VIII. Repair or Replacement of Damaged Equipment
- If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer must notify CHERRY ROAM of such fact immediately.
- CHERRY ROAM will repair or replace the Equipment as soon as possible after CHERRY ROAM has been notified of the problem by the Customer, and provided that the Customer has not committed any breach of his/her agreement with CHERRY ROAM. CHERRY ROAM will provide the Customer with the same or similar equipment (which shall constitute as the Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the unexpired Service Period or Usage Term when the malfunction occurred.
- If CHERRY ROAM finds that the Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment in addition to the other fees payable under the Terms and Conditions.
- The Equipment shall at all times remain under the ownership and constitute property of CHERRY ROAM. The Customer has no right other than the temporary use of the Equipment. During the Service Period or Usage Term, no dismantling or part replacements for the Equipment shall be authorized without the written approval of CHERRY ROAM.
- The use of the Equipment and all Services may be terminated or deactivated without notice to the Customer by CHERRY ROAM upon any of the following events: (a) CHERRY ROAM has reason to believe that the Equipment was obtained by misrepresentation or fraudulent means; (b) CHERRY ROAM has reason to believe that the meter on the Equipment has been tampered with; (c) CHERRY ROAM has reason to believe the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) Any breach of these Terms and Conditions including the payment terms; or (e) detection of unusually high usage, or possible theft or fraud. CHERRY ROAM may also, at its sole discretion and in addition to other remedies available hereunder at law or in equity, take immediate possession of the Equipment without being obliged to repay any portion of the Service Charges. CHERRY ROAM may also terminate these Terms and Conditions without any liability whatsoever in the event that the Services are not available to CHERRY ROAM or becomes unavailable for any reason. No remedy of CHERRY ROAM shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
- Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions, then CHERRY ROAM may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. CHERRY ROAM may also terminate this Agreement without any liability whatsoever to the Customer in the event that Services is not available to CHERRY ROAM by a systems operator. No remedy of CHERRY ROAM shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
XI. Applicable Law
- This Agreement shall be governed by the laws of the Republic of the Philippines, without giving effect to its choice of laws or provisions. Any legal action or similar proceedings shall be instituted and held in the Philippines, and Customer consents to the exclusive venue and jurisdiction of the courts in the Republic of the Philippines.
XII. Liability, In-Country Service, & Representations
- Fair Use Policy (“FUP”) – In some countries, a Fair Use Policy may be in place in accordance with the business practices of the local internet service provider (the local in-country wireless network carrier or operator). If an FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in a throttling down (slow down) of the connection speed. The Customer acknowledges that an FUP may be in place and accepts this possibility, and the Customer will not hold CHERRY ROAM liable for any FUP, throttling, or related issues which could affect the performance of the Equipment or the Customer’s usage experience.
- CHERRY ROAM warrants that the Equipment will be in working order when it is delivered to the Customer, but CHERRY ROAM cannot be responsible for the performance of the Equipment or the operation of the networks to which the Equipment is connected. The Customer acknowledges that the Services may be temporarily interrupted (including dropped calls or weak signals), delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, network coverage, cell tower location/placement, wireless signal strength, network system, or equipment failure. The Customer’s particular geographic location within a country, building, or structure, as well as a variety of other related causes, may also affect the Equipment performance.
- CHERRY ROAM MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE OR DATA SERVICES FURNISHED UNDER THIS AGREEMENT. EXCEPT AS SET FORTH IN SECTION 3 ABOVE, CHERRY ROAM DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET THE CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify and hold harmless CHERRY ROAM against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Equipment by the Customer or third parties, or of the services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
- CHERRY ROAM WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST CHERRY ROAM FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
- The Customer shall be liable to CHERRY ROAM for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce CHERRY ROAM rights under this Agreement.
- CHERRY ROAM reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that CHERRY ROAM detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and CHERRY ROAM shall have no liability whatsoever to the Customer for such deactivation.
- The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
- No waiver by CHERRY ROAM of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
- This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by CHERRY ROAM or its authorized agent. This Agreement constitutes the entire agreement between CHERRY ROAM and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use of the Equipment or the Services, other than as set forth herein.
- CHERRY ROAM is not liable for any lack of privacy or security which may be experienced by the Customer with regard to the Services. The Customer authorizes CHERRY ROAM’s monitoring and recording of data concerning the Customer’s account or the Services and consents to CHERRY ROAM’s use of automatic dialing equipment to contact the Customer. CHERRY ROAM has the right to intercept and disclose transmissions in order to protect its rights or property as permitted by applicable laws.
- These Terms and Conditions may be amended or modified by CHERRY ROAM in its discretion at any time by providing notice to Customer of such changes by email address of the Customer, or by any other reasonable means.