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Terms and Conditions for Buyer

TERMS OF USE

Of The Buy Now Pilot-Testing Phase

For Buyer

I. ACCEPTANCE

You acknowledge and agree that these Terms of Use of the Buy Now Pilot-Testing Phase (the “Buy Now Buyer Terms”) will govern your access or use of the OLX Buy Now Pilot-Testing Phase  (the “Service” as specifically defined under Clause II herein) accessible through the OLX web-based platform or mobile application (the “Platform”). In addition to the Terms of Use and Privacy Policy (the “Terms”) accessible at (https://olxph.zendesk.com/hc/en-us/sections/202844467-Terms-of-Use-and-Privacy-Policies), which you have previously consented to and are now bound to when you registered as a member of OLX, you also consent to be bound by the following Buy Now Buyer Terms:

II. DESCRIPTION OF SERVICE AND GENERAL TERMS OF USE FOR BUYER

a. The Service is an online venue catering to interested sellers, inquiring an item or service must be done, in full coordination, with the advertisement seller only.

b. As a Buyer in the Buy Now pilot-testing phase you agree to the following terms:
     i. OLX Philippines shall place a “Buy Now” option on the seller’s listings and advertisements on the Platform in order to facilitate faster transactions between you and the Seller.
     ii.As a Buyer, you acknowledge that when you click the “Buy Now” button, you are making an offer to buy the Seller’s item in strict accordance with the terms that have been set on the item description box such as, but not limited to: size, color, and price.  You understand that clicking the “Buy Now” button does not result in the sale of the item nor an agreement on the part of the seller to deliver the item.

c. Your use of the OLX Buy Now service is purely voluntary. However, you are required to register and become a member of the OLX site in order to participate in the Buy Now pilot-testing phase as a Buy Now Buyer (the “Buyer”). When you access our webiste, mobile application, use the Service or other services, you agree to abide by all our rules and policies (including any amendments & addendums), which you affirm to have fully read and understood. Necessarily, this includes these Terms and Conditions, Responsibilities of all Users and Members, Content Guidelines, Posting Classified Ads Guidelines, OLX Gold Credits Terms and Conditions, and all other policies found in our Policies Page.

III. OLX BUY NOW PURCHASE CONDITIONS

a. By clicking the “Buy Now” button, you represent and warrant that:

     i. You understand and agree that clicking the “Buy Now” button means you are making an offer to buy the listed item in strict accordance with the terms on the item description box;
     ii. You have read and understood the full item listing before making an offer to buy;
     iii. You understand that should the seller accept your offer to buy, you will enter into a legally binding contract to purchase an item even  before you pay for the same;
     iv. You understand and agree that the sale is strictly between yourself and the Seller.   OLX Philippines is not a party to your sale but merely provides information that allows you to enter into and consummate the sale with the seller;
     v. You shall indemnify OLX Philippines, its subsidiaries, affiliates and their respective directors, shareholders, officers, employees, consultants and agents from any and all claims, liabilities, losses, damages, charges and expenses (including legal fees) related to the relationship between you and the seller as well as third-party claims and liabilities arising from your use of the Service, these Buy Now Buyer Terms, the sale transaction, or the items listed and sold on the Platform; and
     vi. Should you, as a Buyer, make use of the ‘Buy Now’ button, you agree to grant OLX complete access to conversations made through the Service between you and your buyers.

IV. DISCLAIMER

a. OLX Philippines assumes no responsibility whatsoever for any consequence relating directly or indirectly to any action you take, or fail to make, based on the content, information, services or other materials found in this system. OLX Philippines does not guarantee, and will not be responsible for any damage and/or loss related to the accuracy, completeness and/or timeliness of the contents found in the system.

b. OLX Philippines may and can include links to external systems in which OLX Philippines has no responsibility of any kind on these systems. The use and/or access of these external systems are completely and solely at your own risk.

c. OLX PHILIPPINES DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SYSTEM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.

d. IN NO EVENT SHALL OLX PHILIPPINES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MEMBER AND/OR USER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SYSTEM WOULD NOT BE PROVIDED TO YOU IN THE ABSENCE OF SUCH LIMITATIONS.

V. INDEMNITY

a. You agree to defend, indemnify and hold harmless OLX, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Buy Now Buyer Terms, the Terms, and Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.

VI. OTHER CONCERNS

a. No Spam Policy. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to OLX email addresses or through OLX computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time OLX may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the OLX e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of OLX computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

b. Hierarchy. In case of any conflict between these Buy Now Buyer Terms and the OLX Terms of Use, it is understood that the provisions of these Buy Now Buyer Terms shall prevail should the issue involve access and use of the Service.  

c. Assignment. These Buy Now Buyer Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OLX without restriction. Any assignment or transfer by you shall be null and void.

d. Dispute Settlement. Any dispute or difference between you and OLX Philippines relating to your rights or obligations under these Buy Now Buyer Terms shall first be referred for amicable resolution between the parties.  If the parties are unable to resolve the matter amicably within a period of ten (10) business days, then either Party may submit the dispute for arbitration.  The arbitration proceedings shall be conducted before and in accordance with the rules of procedure for arbitration of the Philippine Dispute Resolution Center, Inc. Each Party shall appoint one arbitrator. The arbitrators thus appointed shall select a third arbitrator who shall act as the presiding arbitrator of the tribunal or panel. You agree that this arbitration clause is an explicit waiver of immunity against validity and enforcement of the award or any judgment thereon made pursuant thereto and that such award or judgment thereon, if unsatisfied, shall be enforceable in any court having jurisdiction in accordance with its laws against any Party participating in the arbitration.

e. Governing Law. The Buy Now Buyer Terms and the relationship between you and OLX shall be governed by the laws of the Philippines without regard to any conflict of laws provisions. Any claim you may have against OLX must be submitted to the exclusive jurisdiction the courts of Pasig City, Philippines.

f. Separability. If any provision of the Buy Now Buyer Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.