Welcome to The Big Chill, Inc. (“TBCI”) website (“TBCI Website”). By accessing and using the TBCI website, you acknowledge and agree to be bound by the terms and conditions set forth in this Terms of Use. If you do not agree to be bound by this Terms of Use, or if you need more time to review and consider this Terms of Use, please leave or discontinue the use of the TBCI Website immediately.

TBCI reserves the right to modify this Terms of Use, in its sole discretion, at any time without any advance notice. Any changes to this Terms of Use will be effective immediately upon posting in the TBCI Website.

INTELLECTUAL PROPERTY RIGHTS

The TBCI Website is TBCI’s proprietary property. All intellectual property rights, such as but not limited to (i) all source codes, databases, functionality, website designs, audio, video, text, photographs, and graphics on the TBCI Website; and (ii) the trademarks, service marks, and logos contained in the TBCI Website are exclusively owned/controlled by TBCI or exclusively licensed to TBCI and are protected by copyright, trademark and other intellectual property laws.

The contents and the marks provided on the TBCI Website are for information purposes only. Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the TBCI website, in any manner or means without the prior written consent of TBCI, is strictly forbidden.

ACCEPTABLE USE

You agree not to use the TBCI Website for any unlawful purpose or any purpose prohibited under this Terms of Use. You agree not to use the TBCI Website in any way that could damage the TBCI Website, or the business of TBCI.

As a user of the TBCI Website, you further agree not to:

1. violate any intellectual property rights of TBCI or any third party;
2. provide any information that is untrue, inaccurate, not current, or incomplete;
3. impair, modify, alter, circumvent, disable, or otherwise interfere with the use, features, functions, operation, or maintenance of the TBCI Website,
4. engage in unauthorized linking to the TBCI Website;
5. interfere with, disrupt, or create an undue burden on the TBCI Website or the networks or services connected to the TBCI Website;
6. upload or transmit (or attempt to upload or transmit) viruses, trojan horses, or ransomware, or other harmful or deleterious programs or software; and
7. use the TBCI Website in a manner inconsistent with any applicable laws or regulations.

LIMITS ON LIABILITY AND INDEMNIFICATION

The TBCI Website and its contents and marks are provided for general information only and may change at any time without prior notice. You accept and acknowledge that the TBCI Website may contain mistakes, errors and inaccuracies. TBCI makes no representation, warranty or guarantee regarding the accuracy, completeness, performance, reliability, timeliness, quality, safety, or suitability for a particular purpose of the TBCI Website. Your use of the TBCI Website and information or documentation that TBCI may provide to you in connection therewith is entirely at your risk.

In no event will TBCI or its directors, officers, employees, representatives and agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, lost data, or other damages, losses, costs, or expenses (including legal costs and expenses) arising from, in connection with or relating to your use of the TBCI Website.

You agree to indemnify and hold harmless TBCI and its directors, officers, employees, representatives and agents from and against any and all liabilities, costs, claims, damages, losses and expenses, including but not limited to attorneys, fees, arising from, in connection with, or relating to your (i) use or misuse of the TBCI Website, (ii) breach of this Terms of Use, or (iii) violation of the rights of a third party, including but not limited to intellectual property rights.

LINKS TO THIRD PARTY WEBSITES AND CONTENT

The TBCI Website may contain (or you may be sent via the TBCI Website) links or references to other websites operated by third parties (collectively, the “Linked Sites”). The Linked Sites are not under the control of TBCI.

The Linked Sites are provided for your information and convenience only. TBCI is not responsible for the contents of any Linked Site, including, but not limited to, any link contained in a Linked Site, or any changes or updates to a Linked Site. TBCI makes no representation, warranty, or guarantee as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Linked Sites. TBCI is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of Linked Sites does not imply endorsement or approval thereof by TBCI. If you decide to leave the TBCI Website and access any Linked Site, you do so at your own risk.

Any transaction you make through the Linked Sites will be through other websites and from other companies.  TBCI takes no responsibility whatsoever in relation to such transactions which are exclusively between you and the applicable third party. You shall hold TBCI harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with the Linked Sites.

CUSTOMER CARE

For any concerns, you may get in touch with Customer Care at:

E-mail address: bigchillmarketing@ani.com.ph

All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.

MISCELLANEOUS

This Terms of Use shall be governed by and construed in accordance with the laws of the Republic of the Philippines. All actions or proceedings arising out of or in connection with this Terms of Use shall be brought exclusively before the courts of the City of Makati.

If any provision of this Terms of Use is held to be illegal, invalid or unenforceable under any present or future law or order, such provision will be fully severable from this Terms of Use, this Terms of Use will be construed and enforced as if such illegal, invalid or unenforceable provision had never compromised a part hereof, and the remaining provisions of this Terms of Use will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance therefrom.