Rules and Regulations
Pricing – Billed Monthly
*prices are subject to change without prior notice.
KAHON By-the-Box Storage
12 Months +
Mucho (medium box)
Size: L 55cm x W 39cm x H 33cm
Grande (large box)
Size:L 64cm x W 52cm x H 36cm
Higante (oversized item)
KWARTO By-the-Space Storage
12 Months +
P 889 per SQM
P 859 per SQM
P 839 per SQM
P 819 per SQM
P 799 per SQM
P 789 per SQM
P 769 per SQM
P 759 per SQM
P 749 per SQM
This Agreement is made between Kahon.ph Inc, a company registered in Metro Manila with registered office at Panorama Compound, Veterans Center, Western Bicutan, Taguig, Metro Manila 1630, Philippines (“Kahon.ph”, “we”, “us” or “our”) and you, the customer (“customer”, “you” or “your”) who wishes to use our Services.
In these Rules and Regulations, the following words have the following meanings:
- “Kahon” means all or any boxes supplied by Kahon.ph
- “Services” means all or any of the services and products we may offer at any time.
- “Delivery” or “Deliveries” means any empty Kahon drop-offs, packed Kahon pickups, follow-up pickups, delivery of packed Kahon, and empty Kahon collection trips.
- “Kahon(s)” means the storage Kahon(s) supplied by Kahon.ph in which the Goods are packed.
- “Goods” or “Items” means the items entrusted to be stored by us including those which are packed into Kahon(s).
- “Website” means our website at www.Kahon.ph or any other website under which we provide and advertise our Services or subsequent URL which may replace it.
- “Inventory Specialist” means our own employee who will assist with the packing and logistics of Kahon(s).
- Registration and Accounts
- Upon registration, you will choose a username and password (login information). You are responsible to keep your login information confidential and to take all reasonable steps to ensure nobody other than yourself can access your account and the Services. You agree that any person in possession of your login information is authorized to act as your representative for using our Services and Website. You are responsible for all the activities that occur under your account.
- You shall promptly notify Kahon.ph if you become aware or suspect that your login information has become known to someone else.
- You must not sub-license or re-sell any of the Services to a third party nor represent us in any way for any reason whatsoever without our prior written consent.
- Storage of Goods
- You warrant that throughout the term of this Agreement all Goods that are entrusted to us are and shall remain your property or that you have the expressed permission and authority of the owner of the Goods to use our Services in accordance with this Agreement.
- All Kahon.ph plastic Kahon(s) (“Mucho Kahon(s)” & “Grande Kahon(s)”) remain the property of Kahon.ph.
- Kahon.ph does not warrant that the storage facility used by Kahon.ph is a suitable place or means of storage for any particular goods.
- Goods stored in Mucho & Grande Kahon(s) must not exceed 20KG per Kahon or per Item. You are responsible to carefully pack all Goods and protect them with protective wrapping or padding. Goods stored in Kahon.ph Kahon(s) must be sealed with the 2 Kahon.ph tamper-proof zip tie provided to you upon pick up of the Kahon(s).
- Goods for Higante must not exceed 25KG per Item. The item should be easily carried by one person whether it be Kahon’s Inventory Specialist or a logistics partners.
- You acknowledge and agree that Kahon.ph will not be responsible for disconnecting or reconnecting appliances, fixtures or equipment.
- Goods stored must not include prohibited, illegal, stolen, perishable, and flammable items such as:
- Beverages containing 70% or more alcohol by volume, etc.
- Body washes containing alcohol
- Brake, transmission and windshield washer fluids
- Camping gas, glazing torches and other harmful gases
- Carpet cleaners
- Certain cleaners containing pine oil
- Cooking oil
- Dry-cleaning spotters and solvents for home-use
- Engine additives
- Flammable gases (e.g. butane gas)
- Flammable liquids (e.g. gasoline, lighter fluid & diesel)
- Flammable solids(e.g. non-safety matches, disposable BBQ & coal)
- Hair mousse
- Hair sprays and other hair products containing alcohol
- Hand sanitizers containing ethyl alcohol
- Lighter fluid
- Liquid correction fluids
- Matches, charcoal, phosphorus and articles which are easily ignited
- Oil-based paint
- Paint thinners and primers
- Paints, thinner, and liquid adhesives
- Powder (powdered milk)
- Spray (hair spay, sunscreen spray)
- Spray lubricants
- Other prohibited Goods include but are not limited to:
- food or perishable goods of any kind;
- flammables, firearms, weapons or explosives of any kind;
- items which emit any kind of odor or fumes;
- plants or creatures (whether living or dead);
- liquids or compressed gases;
- illegal drugs, counterfeit goods, stolen property or illegal items of any kind;
- personal property that would result in the violation of any law or regulation of any governmental authority;
- any items that, in our determination, endanger the safety and health of people of in our facility and the environment
- In addition, we strongly advise that you should not place into our Kahon(s) any official personal documents (such as passports, drivers licenses, ID cards, etc.) or anything that contains personally identifiable information, such as date of birth or bank account number. This is not an exhaustive list of personally identifiable information. Essentially, do not put anything into the Kahon(s) that contain information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice.
- By executing this Agreement, you understand and agree that if you proceeded to store official documents or items containing personally identifiable information, you waive all rights and claims against Kahon.ph arising in any way from storing these items.
- Regardless of how well you pack your Kahon(s) or Items, they will be moved around during transportation and may be jostled at times. While Kahon.ph will take all precautions to ensure your Kahon(s) or Items are handled with care, there is a risk that they may be accidentally scratched, dented, chipped, marred or damaged. As such, you should carefully wrap all of your items prior to storage, especially fragile items, such as glassware, crockery, mirrors, picture frames, musical instruments, collectables or any items that are easily damaged. By executing this Agreement, you understand and agree that you waive all rights and claims against Kahon.ph should your items be damaged.
- We will use commercially reasonable efforts to maintain the temperature and humidity of the facility in which your Kahon(s) or Items are stored, from between 25 to 30 degrees Celsius and between 50 to 60 percent humidity. We will take all commercially reasonable steps to protect your items from the growth of mold. However, we cannot guarantee that mold may not develop on your property. By executing this Agreement, you understand and agree that Kahon.ph is not liable for the natural growth of mold or mildew on your property.
- We or anyone acting on our behalf may at any time without notifying you open your Storage Kahons or Items to inspect your Goods:
- if we reasonably believe that they may contain any Goods described in Clause 4.7;
- if we are required to do so by the police, fire services, authority or court order; or
- if we feel people or property are at risk of injury or damage; or
- any other circumstances at the discretion of Kahon.ph management.
- Any costs or losses incurred by us associated with any of the processes described in Clause 4.12 shall be borne by you.
- Kahon.ph may refuse to store any Goods or may return to you any Goods, at your cost, at any time, if we reasonably believe that the storage or continued storage of such Goods would represent a risk to the safety of any person, the security of the storage facilities, or any other Goods stored at the storage facilities.
- For safety reasons, access to our storage facilities or those of any of our sub-contractors or agents shall be strictly prohibited.
- Deliveries and Collections
- You are required to ensure that Kahon.ph or its carrier have reasonable access and parking facilities to your premises in order for us to carry out the Deliveries to you. You are responsible to ensure that Goods are available for collection on an easily accessible ground floor or within easy access by an elevator.
- You shall ensure that the Goods have been securely packed into Kahon(s)- so as not to cause damage or injury or the likelihood of damage or injury to Kahon.ph’s property, employees, agents, contractors or other Goods, whether by spreading of damp, infestation, leakage, escape of fumes or substances or otherwise.
- In the event you avail of our Inventory Specialist to assist you with your Kahon packing needs, we recommend organizing items ahead of time. Kahon.ph will take care of everything; take photos of the contents of each Kahon for your digital inventory, verify that the Kahon is packed correctly, and then seal before loading into the truck. Items that were not packed or visually inspected exclusively by Kahon.ph’s Inventory Specialist will not be covered by our Insurance Policy and may not be accepted for storage.
- You shall inform Kahon.ph within 24 hours of any damage to the Goods or your property that occurred during Delivery. If the condition is not met, we reserve the right to refute your claim.
- When requesting a Delivery you are required to make an appointment and it is your responsibility to ensure that you or someone you have authorized is present at the address you have provided to receive or collect the Kahon(s) at the scheduled time-slot. You should notify Kahon.ph of any changes regarding your orders by 12NN the day before your requested transaction.
- Any rescheduling and cancellation of appointments made after the above cut-off times (refer to Clause 5.4) will be subject to a charge of PHP500.
- If someone fails to be present at the Delivery appointment, it will be considered a failed delivery and be subject to a charge of PHP500.
- If you advised us that you would be able to pack your box within our 30 minute grace period, our Spacemaker will wait to receive or collect the packed Kahon(s). If you are unable to finish packing in the grace period, you will have to reschedule a Pickup.
- We shall not be held liable for any cancellations or deliveries, including but not limited to misallocation of our delivery resources, schedule conflicts, any adverse weather conditions, bad weather warnings, traffic conditions, any event within or outside our control, or as a result of force majeure (subject to further terms and stipulations as listed in Article 16).
- Our plastic Kahon(s) are provided to you for packing Goods are entrusted to be stored by us only. It is your responsibility to schedule a pick-up appointment of the Kahon(s) upon the completion of packing your items. When we come to pick up Kahon(s) from you, you must return to us all the Kahon(s) that we previously delivered to you.
- We may refuse to collect any Goods or Kahon(s) that do not comply with the terms stipulated in Clause 4.7 at our discretion. If this results in a failed delivery, you will be liable for a failed delivery charge of PHP400.
- Billing will begin on set delivery date of Kahon(s) were requested from Kahon.ph.
- Upon picking up Kahon(s) from you, you must return to us all the Kahon(s) that we previously delivered to you.
- In the event that any Kahon(s) are missing and we are not at fault, you will be charged a fee of PHP1,500 per Kahon.
- If the waiting time is more than 30 minutes for any Kahon(s) and Items collection trip, we reserve the right to reschedule for another collection trip and charge you a fee of PHP400 the failed collection trip.
- If you return unused empty Kahon(s) to us upon scheduled packed Kahon pickup trip and end up not storing any Items or Kahon(s) with us, you will be charged a cancellation fee of PHP500.
- Deliveries require 24 hours notice respectively, and is subject to our availability of our time slots.
- On-demand Delivery requesting for Kahon(s) in less than 24 hours are subject to a premium charge of Php500 + Php100 per extra Kahon.
- Kahon.ph drop-offs, pickups and returns can only be made to and from Metro Manila area and valid residential or office address.
- You must not:
- Use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
- Sub-license or re-sell any of the Services to a third party nor represent us in any way for any reason whatsoever without our prior written consent;
- Attempt to interfere with or disrupt the Services or the Website or any server or network used by or connected to the Website or to gain unauthorized access to any such server or network.
- Payments and Charges
- You shall pay rent monthly to Kahon.ph. Discounted prices will be available for those opting for a lock-in period of 6 months or 12 months. Monthly rent must be paid in full, without any deductions not including promotions, without prior notice or prompting from us. If cancelled before lock-in period, you shall pay the remaining months’ subscription rent upon the scheduling of returning Kahon(s).
- All applicable charges are those specified on the Website at the time of booking or as specified in this Agreement.
- All applicable charges are subject to change at our discretion and will take immediate effect.
- We may require you to enter your credit card information in order to make use of our Services. Your credit card information may be used to bill all future charges automatically.
- We accept payments by credit card through PayPal.
- Charges for initial month’s subscription will be billed on the start of the billing cycle. The start of the billing cycle shall be on the set delivery date of the Kahon(s) requested from Kahon.ph.
- Charges for subsequent months’ storage will be billed monthly in advance at the beginning of each billing cycle.
- Charges for returning the Goods to you will be billed in full on the date of your scheduled delivery.
- If you need to modify your payment method or credit card information, please call (+63) 917 189 7484 or send an email to email@example.com. The request will be processed within a reasonable time.
- Kahon.ph may charge a one-off penalty of PHP400 in the event that you block payment to us when we are not at fault.
- In the event that you do not promptly pay all charges or payments due to us, we are relieved of any duty howsoever arising in respect of the Goods and we shall exercise lien over the Goods until the outstanding charges or payments have been fully settled and received by us. Under such situation, you authorize us to withhold the Goods and you authorize us access to inspect the Goods.
- If you fail to arrange payment for any amounts payable to us by the due date and after a grace period of 15 days, we will charge a Late Payment Fee of 3% of current monthly storage and will reflect to next month’s bill.
- If you fail to arrange payment for any amounts payable to us within 90 days past due date, we reserve the right to withhold your Goods stored with us for sale or auction. Proceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative fees, Late Payment Fees and Lien Sale/Auction Fee. If, after settling all charges and payments there is any amount leftover, we will make reasonable efforts to return the excess to you without interest. If within 60 days, we are unable to get a response from you and unable to pay you the excess, the amount leftover will be retained by us for our own account.
- If the sale of the Goods as stipulated above cannot cover all charges and payments due to us by you, you are obliged to settle any outstanding balance due to us within 7 days. If this is not settled within 7 days we may administer a debt collection agency to recover all amounts due and all costs incurred as a result of this process shall be borne by you.
- We may sell the Goods by any means reasonably available to achieve a reasonable market selling price, taking into account the cost of sale. If, for whatever reason the goods cannot be reasonably or economically sold, we are authorized to treat them as abandoned and dispose of or otherwise destroy them. All costs of sale or disposal shall be borne by you.
- Disposal fee of PHP400 or PHP500 per Kahon is payable when you request us to dispose of your belongings in one or more of Kahon(s), subject to you signing a full release agreement in favor of Kahon.ph.
- We shall collect a Security Deposit, which is equal to one (1) month total storage fee for the Kahon service you have chosen. We may collect an additional amount as Security Deposit, if you upgrade to a storage fees or penalties. Upon verification that you have no outstanding payments at the end of the storage agreement and deduction of other applicable expenses, the Security Deposit shall be returned to you via bank transfer within thirty (30) days. Return of your Security Deposit through check or cash is not allowed. Violation of these terms will result in the forfeiture of the Security Deposit as a form of liquidated damages.
- We require a fifty percent (50%) Down Payment, based on a cost-estimate of the services you have requested before we collect your Items. Only after payment will we schedule the collection of your Items. The cost-estimate will include all the potential fees and the corresponding Security Deposit. The Down Payment will be deducted from your first invoice.
Delinquency & Lien charges and penalties
Late cancellation of appointment 
No show at appointment
- If rescheduling or cancellation of appointment after 12nn on the day before your appointment.
- Shipping fee for Plastic Kahon(s) sent to you (if you end up not storing any Kahon(s) with Kahon.ph)
- Levied every 15th day past due onward, and up to 90 days past due.
- After 90 days past due date, we reserve the right to take possession of the content for sale/auction.
- Promotional Code
- Offer is for one time use only and can only be used once per address.
- Only the Kahon(s) of the first drop off and initial pick-up can be applied for the promotional code.
- Promotional code must be entered at checkout on your first order.
- Offer is not resaleable or transferrable.
- Offer is not redeemable for cash or refundable.
- Other fees and charges may apply.
- Promotional code cannot be used in conjunction with any other promotions or discounts.
- Promotional code is a limited time offer.
- Any violation of offer terms will render the offer invalid.
- Referral Program
- The Kahon Referral Program is open to all Kahon.ph existing and new subscribers who have/will sign up for a minimum 2SQM Kwarto (by-the-sqm storage) subscription for a period of 6 months.
- Current Subscriber – an existing Kwarto (by-the-sqm storage) subscriber with an active referral code.
- Referred Friend – a first-time Kwarto (by-the-sqm storage) subscriber who received a referral code from a Current Subscriber.
- Kahon (by-the-box) subscribers are currently NOT eligible for this program.
- Referral Incentive
- Current Subscriber:
- For every successful referral, the Current Subscriber will receive a one-time P500 discount on their next month’s invoice.
- If the Current Subscriber made more than 1 successful referral, the P500 discount will be accumulated and will reflect on the next month’s invoice.
- Referred Friend:
- By using the Current Subscriber’s referral code, the Referred Friend will receive a maximum of P500 one-time discount on their first Kwarto (by-the-sqm storage) pick-up transaction.
- How to use the referral code
- Current Subscriber:
- A referral code will be sent to the account’s registered email.
- Copy the referral code and share it with friends.
- There will be no maximum number of friends who can use the referral code.
- The discount will be automatically reflected on the next month’s invoice.
- Referred Friend
- The Referred Friend should sign up and create an account at Kahon.ph.
- Must subscribe to a minimum of 2SQM Kwarto Subscription for a period of 6 months.
- Input the Current Subscriber’s referral code upon checkout.
- The discounted amount will already be reflected upon checkout.
- An Account Manager will reach out to confirm the subscription booking details.
- The Current Subscriber’s referral code is valid for one-time use on a single Kwarto pick-up transaction only.
- The Kwarto Pick-up transaction should be within serviceable areas only (NCR, Rizal, Bulacan, Cavite, Laguna, and Pampanga).
- Upon successful booking, the Referred Friend will also receive a referral code to share with friends. If the storage subscription by the Referred Friend ended before the 6-month period, P500 will be charged on the Return Invoice of the Referred friend.
- Kahon.ph purchases insurance coverage directly from a third-party insurance provider. The following insurance coverage is up to a maximum of PHP5,000 per Kahon or the nominal value of the item, whichever is lower. Likewise, Kahon.Ph insurance coverage for Kwarto is up toa maximum of PHP10,000 per square-meter or nominal value of items, whichever is lower.
- Additional insurance coverage can be availed at the time of booking of storage service.
- Our insurance policy only covers actual physical loss of or damage to your Goods caused by:
- Fire, lightning, explosion, earthquake;
- Aircraft or articles dropped therefrom;
- Storm, flood, bursting or leaking pipes;
- Ingress of water or other liquid substance;
- Moth, insect or vermin from an external cause;
- Theft accompanied by forcible and violent entry to or exit from the building or unit;
- Riot, strike, civil commotion or malicious damage;
- Impact by vehicle or railway rolling stock;
- Impact by vehicle and collision or overturning of the conveying vehicle/trailer
- The following events or items are not covered under our insurance coverage:
- Terrorist attack, war or military action;
- Loss or damage resulting from unknown or mysterious causes;
- Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage;
- Nuclear reaction, radiation or radioactive, biological or chemical contamination;
- Loss of data records other than the cost of blank data carrying materials;
- Loss from theft without forcible and violent signs of entry into a securely locked space;
- Breakages, denting, scratching, denting, chipping, marring or any accidental damage to items stored;
- Any damage to goods while in transit or during loading or unloading;
- Loss or damage to property directly resulting from Flood, water seeping from outside the premises, action of the sea or waves or tidal wave;
- Flood means the covering of normally dry land by water that has escaped or been released from the normal confines of: (i) any lake, or any river, creek or other natural watercourse, whether or not altered or modified; or (ii) any reservoir, canal, or dam.
- Money, coins, bullion, deeds, bonds, securities and the like;
- Jewellery, watches, precious stones and stamps of all kinds exceeding PHP5,000 in value;
- Furs, fine arts, mobile phones, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like, exceeding PHP5,000 in value;
- Electronic items exceeding PHP5,000 in value. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopies, hi-fi’s, stereos, CD players, digital recorders/players, switchgear, turbines, generators and the like;
- Perishable items, livestock, plants, explosives and flammable
- Fragile items, such as glassware, ceramics, porcelain, crockery or any items that are easily damaged
- Mold and mildew;
- All items that are not included under Clause 10.3
- All items that are included under Clause 4.8
- In the event of actual physical loss or damage as a result of events under Section 10.3, please contact our customer service team at first instance on firstname.lastname@example.org or call us at (02) 917 9137. We will provide you with claim forms to complete and return to us as well as advise you on the steps required by the insurance company to start processing your claim. Kahon.ph will assist you to process your claim directly with the insurance company on your behalf. The insurance claim will be paid to you once Kahon.ph receives the coverage from the insurance company. Kahon.ph will not be liable for any insurance coverage to you should the insurance company decline your claim.
- In the event you sustain a loss and your insurance company reimburses or indemnifies you for the loss, in whole or part, you waive any right of subrogation your insurance company may have against Kahon.ph and its agents for the loss.
- Limitation of Liability
- Kahon.ph shall not in any event be held liable or responsible for any damage or loss to the Goods beyond what is covered in our insurance policy as outlined in Clause 10. Further, for the avoidance of doubt, Kahon.ph shall not be held liable for the damage even in the case that the security fastener is broken.
- You acknowledge that we are not aware of the value of the Goods stored with us. You are responsible to arrange appropriate insurance for your Goods.
- You acknowledge and agree that use of our Website and any of our Services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect damages of any sort as a result of using our Website or misinterpreting its content.
- You are responsible to inspect any items returned to you from us for any loss or damage. If you believe there has been loss or damage to items, you are required to notify Kahon.ph within 24 hours of the delivery. We reserve the right to inspect the Kahon(s), Items, and Goods and take pictures or provide proof of any alleged damage or loss before an insurance claim can be made.
- It is your responsibility to ensure that Goods are properly and carefully packed with enough protection as would be reasonably required for storage. We shall not be held liable for any loss, mis-delivery of and damage to any items as a result of insufficient or improper packing or protection; any deterioration of Goods which may happen over time; fragility of items that you have decided to store; any defects of Goods or any forfeiture or seizure of Goods for legal reasons.
- In any event, our total liability in respect to every Item, Kahon and Goods, whether in the case of an insurance claim or not, shall not exceed the lower of (i) the cost of the lost or damaged Goods; (ii) the current replacement cost of the Goods at the date of the claim; or (iii) the maximum PHP5,000 insurance cover for the applicable Item, Kahon and/or Goods. In the event of a claim, we are entitled to proof of the alleged loss or damage and the replacement or initial cost of the lost or damaged Goods.
- In the event of a claim, Kahon.ph shall be entitled to require proof of the cost price and the current replacement cost of the contents of the Kahon and/or the stored Goods.
- Notwithstanding the above, no terms within this Agreement will affect or restrict any of your statutory rights.
- You may terminate this Agreement at any time by requesting the return of your Goods stored with Kahon.ph and settling all outstanding charges due to us.
- Kahon.ph may terminate this Agreement for any reason by giving you not less than 30 days written notice. In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
- We may terminate this Agreement at any time and with immediate effect by providing written notice to you, if:
- You fail to pay any amount due by the due date; or
- You are in breach of any terms of this Agreement.
- Upon termination you must ensure that you contact us to arrange the return of your Goods at your cost and such return must be arranged within 15 days from the date of notification. If, for any reason, within 15 days following the termination of this Agreement, you have not arranged the return of your items we may dispose of them in accordance with Article 7.
- Intellectual Property Rights
- We retain ownership of all intellectual property rights of any kind related to our Website and Services, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our Website or work with in providing the Services.
- Limited, non-exclusive, non-licensable and non-transferable use of limited content for personal use is permitted, however must not be used for commercial purposes.
- The Corporation collects and processes (manually and/or through automated means) personal information about customers in order to:
- Process and/or confirm deposits, pick-up points, and drop-off points for packages;
- Provide and charge for the services you purchase;
- Provide you with a better, more personalized level of service;
- Fulfill contractual obligations to you;
- Conduct market analysis, market research, customer satisfaction and quality assurance surveys;
- Respond to requests for information and services;
- Provide for the safety and security of packages;
- Administer general record keeping; and
- Meet legal and regulatory requirements.
- In specific cases the Company may be legally required to share customers’ information with public authorities. In such cases, the Company will take appropriate measures to ensure the confidentiality of customers’ information.
- Customers may contact the Company at its registered office or place of business for any concerns regarding the processing of their personal data. Personal information will be stored as long as necessary for legitimate business purposes, and for compliance with legal requirements.
- Customers shall be notified of any breach or possible breach of their personal information within seventy-two (72) hours of knowledge of the breach.
- Customers are entitled to the following rights under the Data Privacy Act:
- Be informed;
- Object, refuse or withdraw consent;
- Erasure or blocking;
- Be notified of any data breach, complain and damages;
- Transmissibility; and,
- Data portability.
- Subcontracting and Assignment
- Kahon.ph may at any time sub-contract, assign or transfer any or all of its rights and obligations under this Agreement to any third party or agent without your consent.
- The sub-contracting, assignment, transfer or sub-licensing of any of your obligations under this Agreement, whether or not for commercial gain, is expressly prohibited.
- This Agreement shall be binding on your personal representatives and successors.
- Force Majeure and Bad Weather
- The Corporation shall not be liable, and will not pay any compensation, where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances which could not have been foreseen, or which, though foreseen, were inevitable, including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, theft done with the use of arms or through an irresistible force, fire or failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.
- We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.
- A Force Majeure means any unforeseeable circumstances beyond our reasonable control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.
- For the avoidance of doubt, the hoisting or issuing of Typhoon Warning of Signal No. 3 or higher shall also be considered a Force Majeure. In such situations, all Services and Deliveries shall be immediately cancelled. Services and Deliveries shall resume as soon as it is practically and safely possible to do so once such Warnings have been lowered or removed.
- In the event of a Force Majeure, we will aim to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
- You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabilities arising out of your use of our Website or Services or by any other person accessing our Website or Services under your account.
- Any notices given by you to us must be in writing by email to email@example.com.
- A notice shall be deemed to have been served from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
- Kahon.ph provides the Website on an “as is” and “as available” basis with all faults. Kahon.ph does not warrant that use of the Website will be error-free or uninterrupted or that any defects will be corrected.
- Kahon.ph will provide the Services with reasonable care and skill and substantially as described in this Agreement. Kahon.ph does not make any other promises or warranties about the Services.
- Governing Law and Language
- This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Philippines.
- The Contract and any non-contractual obligations arising in connection with it are governed by Philippine law. The Philippine courts have exclusive jurisdiction to determine any dispute arising in connection with the Contract, including disputes relating to any non-contractual obligations.
- Each party irrevocably waives any objection which it may now or later have to proceedings being brought in the Philippines courts (on the grounds that the Philippine courts are not a convenient forum or otherwise).
- In case of litigation the venue of action shall be in the proper courts of Makati City, to the exclusion of all courts.
- We reserve the right to amend the Rules and Regulations within this Agreement from time to time and it is your responsibility to review these Rules and Regulations on each occasion you procure Services from us. The latest version of this Agreement will always be accessible at www.kahon.ph. Your continued use of our Services will be deemed to represent your continued acceptance to the latest version of this Agreement. If you do not agree with any changes to this Agreement, you may terminate this Agreement as per Article 12.
- In case of any disputes, Kahon.ph reserves the right to make the final decision.
- The failure by you or Kahon.ph to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- All provisions of this Agreement apply equally to and are for the benefit of Kahon.ph Limited, its subsidiaries, any holding companies of Kahon.ph Limited, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
- If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
- In any event, all provisions of this Agreement that by their nature could reasonably survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability shall survive termination. In the event you use the Website or Services again, the provisions of the Rules and Regulations that then apply will govern your re-use of the Website or Services. In the event you use Services bought under this Agreement, then those provisions applicable to Services will survive termination of this Agreement.
- Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the termination of this Agreement.
- We always welcome your feedback which can be sent to us by email to firstname.lastname@example.org. Where you supply any feedback, you agree and acknowledge that Kahon.ph shall have no confidentiality obligations to such feedback or suggestions and that it may be incorporated into our Website or Services.