Terms and Conditions for Club PENSHOPPE Application User
Please read these Terms and Conditions carefully as they outline your rights, obligations, and the conditions under which you may use the Club PENSHOPPE Application (“the Application”). These Terms and Conditions also specify the limitations and exceptions that will govern all transactions and activities conducted through the Application.
By registering as a User, using the Application, or selecting "Agree" to accept these Terms and Conditions, you acknowledge that you have read, understood, and agree to be bound by them. This Agreement includes any rules, policies, or guidelines established by Penshoppe in relation to the Application or its associated website. Such rules, policies, and guidelines are incorporated by reference and form an integral part of these Terms and Conditions.
Golden ABC, Inc. reserves the right to modify or update these Terms and Conditions at any time without prior notice. Certain services available through the Application or website may be subject to additional terms and conditions. Your use of such services will be governed by those additional terms, which are also incorporated by reference and form part of this Agreement.
1.1. “Terms and Conditions” refers to the contractual agreement between Golden ABC, Inc. and the User concerning Club PENSHOPPE.
1.2. Club PENSHOPPE” refers to the loyalty program operated by Penshoppe, which is owned and operated by Golden ABC, Inc., an internationally recognized fashion enterprise that includes brands such as PENSHOPPE, OXGN, FORME, MEMO, REGATTA, and BOCU.
1.3. “Buzzebees” refers to Buzzebees Ltd., a company registered and operating under Thai law.
1.4. “Advertising” refers to promotional content created by a Sponsor to endorse the sale of the Sponsor's goods or services through the Application.
1.5. “Application” refers to the Club PENSHOPPE Application and any potential future programs, applications, or platforms developed by Golden ABC, Inc. that allow Users to access goods or services via mobile devices.
1.6. “Campaign” refers to an activity announced by a Sponsor on the Application or Website that Users can participate in or redeem within a specified timeframe as outlined in these Terms and Conditions.
1.7. “Rewards” refers to products, goods, samples, gifts, vouchers, coupons, services, or other items that Users may obtain through participation in a Campaign or by redeeming Points.
1.8. “Points” refers to the points accumulated by Users through the use of the Application, which can be redeemed for Rewards in Campaigns announced by a Sponsor. Golden ABC, Inc. reserves the right to adjust the number of Points in any Account at its sole discretion.
1.9. “Services” refers to all services provided by the Sponsor on the Application or Website as detailed in these Terms and Conditions.
1.10. “Sponsor” refers to Golden ABC, Inc. or a third party authorized by Golden ABC, Inc. to be responsible for initiating and announcing Campaigns, Advertising, or other marketing activities promoting goods or services, or Golden ABC. Inc’s business on the Application or Website.
1.11. “System” refers to the system developed and maintained by Buzzebees on which the Application operates.
1.12. “Transaction” refers to the redemption of Rewards between User and Sponsor through the System.
1.13. “User” refers to an individual accessing or utilizing the Application on a mobile device with iOS or Android platforms exclusively.
1.14. “Website” refers to the website managed by Golden ABC, Inc., specifically Penshoppe: https://www.penshoppe.com/.
2.1. These Terms and Conditions are mutually agreed upon and accepted by both the User and Golden ABC, Inc.
2.2. Each User is allowed to create only one account. If a User violates these Terms and Conditions or if there is suspicion of any irregularity or fraud associated with an account, Golden ABC, Inc. reserves the right, at its sole discretion and without prior notice to the User, to cancel or delete the User's account and/or revoke any accumulated points. Furthermore, Golden ABC, Inc. may prohibit the individual(s) involved from accessing the Application in the future.
2.3. The User acknowledges that their use of or access to Content on the Application or Website is at their own risk and responsibility. The User shall be liable for any damage or loss resulting from such access or use, whether by themselves or others. For the purposes of these Terms and Conditions, "Content" includes, but is not limited to, location data, videos, records, comments, information, messages, photos, computer-processed programs, scripts, graphics, and any other materials provided by Golden ABC, Inc. or permitted to appear on the Application or Website.
2.4. The User agrees to use the Application, Website, and Services exclusively for personal consumption and shall not use them for any commercial purpose, whether directly or indirectly.
2.5. Golden ABC, Inc. reserves the right to restrict a User's access to the Application, Website, or Services (in whole or in part) and may prohibit the redemption of Points without prior notice or explanation.
2.6. The Sponsor is solely responsible for any legal obligations arising from Advertising, Campaigns, Rewards, and/or the Sponsor's services. However, the Sponsor shall not be liable for any losses, obligations, costs, charges, fines, or liabilities incurred by the User or any third party due to their failure to comply with applicable laws and regulations.
3. Account Registration and Termination
3.1. Users are not required to register for an account to access the Application, Website or certain services. However, account registration within the Application is necessary for Users to earn Points, participate in activities, redeem Rewards, and access Services exclusively available to registered Users.
3.2. During registration, Users must provide personal information, including their first and last name, email, phone number, gender, and address (province), all of which will be governed by Golden ABC, Inc.'s Privacy Policy.
3.3. Upon registration, Users are required to create a password to secure and access their Account. It is essential that Users keep their password confidential and update it regularly. Users acknowledge that any third party accessing the Application, Services, or Website using their Account and password will be deemed to be acting on behalf of the User. Users are responsible for any loss or damage incurred by any party due to the disclosure or negligent handling of their password.
3.4. Users must register with their current, active, and frequently used telephone number and email address, which will be used to send OTPs (One-Time-Passwords) via SMS and/or email for identification. Golden ABC, Inc. reserves the right to delete any Account registered with someone else’s mobile number or email without prior notice. Additionally, Users may be asked to reconfirm their Account details at any time.
3.5. Golden ABC, Inc. reserves the right to cancel any User Account without prior notice. In such instances, all Points earned or accumulated will be automatically forfeited, and no compensation will be provided to the User.
3.6. If Golden ABC, Inc. determines that any Account has posted or published content or material that violates these Terms and Conditions, or that could harm the Philippines, incite religious or social discord, or threaten national security and/or public morals, Golden ABC, Inc. reserves the right, at its sole discretion, to deregister the Account without prior notice.
3.7. User agrees and consents to Golden ABC, Inc.’s right to use the information provided by Users for sales promotional activities without prior notice and without any compensation.
4.1. The Sponsor of any Campaign may set specific Terms and Conditions for that Campaign, and the User agrees to accept and comply with these terms.
4.2. The User certifies that all information provided during Account registration is accurate, truthful, and complete. The User commits to promptly update this information as needed to ensure the Account remains accurate and current.
4.3. The User is responsible for ensuring that all Rewards, Services, and information accessed on the Website or Application meet their requirements.
4.4. The User agrees not to use, or permit any third party to use, the Application or Website in any of the following ways:
4.4.1. Send or receive any material or media that could be construed as intimidating, aggressive, obscene, threatening, insulting, or defamatory towards any individual, or that may be contemptuous of the court, infringe upon copyright, personal rights, rights of publication or privacy, or human rights, or incite social discord.
4.4.2. Send or receive any material or media that could promote or induce criminal or civil offenses, or any actions that may be deemed unlawful or infringe upon the rights of others, regardless of the offender's country of residence.
4.4.3. Send or receive any material or media that is technically hazardous, such as containing computer viruses, logic bombs, trojan horses, worms, harmful components, defective data, or malicious software.
4.4.4. Cause annoyance, inconvenience or unreasonable concern.
4.4.5. Block or attempt to block the data transmission for communication through telecommunication systems.
4.4.6. Use the Application for purposes other than those explicitly designated.
4.4.7. Use the Application for fraudulent activities.
4.4.8. Fail to adhere to standard internet practices or maintain a reliable network connection.
4.4.9. Engage in actions that incite racial, religious, or minority hatred, or that significantly impact any individual, group, or identity.
4.5. The use of the Application or the Website is strictly prohibited for the following actions, and Users agree not to engage in, or permit others to engage in, these activities:
4.5.1. Attempting to bypass security systems or networks, including accessing restricted information, servers, or accounts with explicit permission, or interfering with the security systems of other networks (e.g., conducting port scans).
4.5.2. Accessing the Services, Application, or Website in a manner that leads to excessive use of the System.
4.5.3. Inspecting the network and blocking data not intended for the User.
4.5.4. Engaging in any actions that are unlawful with respect to the use of the Website, Application, and/or Services.
4.5.5. Taking any actions that, in the sole discretion of Buzzebees or Golden ABC, Inc., limit or obstruct another User's ability to use the Application, Website, and/or Services.
4.5.6. Sending any message that might mislead others into believing it is sent with the endorsement or consent of Buzzebees or Golden ABC, Inc.
5. Campaign and Rewards Redemption
5.1. The Sponsor will create and announce Campaigns on the Website and/or Application for the redemption of Rewards specified by that Sponsor. Each Campaign may include specific terms and conditions, as well as additional terms designated by the Sponsor. Users are required to review and understand these terms and conditions thoroughly. The Sponsor will not be held responsible for any misunderstandings regarding the Campaign terms and conditions.
5.2. Upon submitting a request for Rewards redemption within a Campaign created by the Sponsor, the System will verify whether the User has sufficient Points to claim the Reward. If the User has adequate Points, the System will promptly issue a reward code for redemption within the timeframe specified on the Application.
5.3. Once the User submits a request and accepts the Terms and Conditions for Rewards redemption, the request cannot be canceled or modified, and no Points can be returned for any reason. We reserve the right to adjust the number of Points required to participate in activities on the Application without prior notice.
5.4. Once the System confirms the redemption and the Rewards are deducted from the User’s account, a Rewards redemption code will be promptly issued within the timeframe specified on the Application. The redemption can then be completed through the Website, at any point of sale, or at other locations specified by the Sponsor.
5.5. Golden ABC, Inc. does not guarantee the accuracy or reliability of content or campaigns displayed on any third-party app or website. Golden ABC, Inc. is not responsible for verifying websites, services, or campaigns with any third-party app or website.
5.6. Some Campaigns may allow for on-the-spot redemption of User Rewards at designated locations (e.g., stores, restaurants, booths). In such cases, additional terms and conditions may apply.
5.7. Golden ABC, Inc. does not guarantee service levels and shall not be liable for any loss incurred during periods of service unavailability.
5.8. Golden ABC, Inc. reserves the right to cancel the Rewards redemption request at any time due to typographical errors or unexpected failures that prevent the Campaign from operating as intended on the Website or Application.
6.1. All Transactions related to the Campaign are conducted directly between the User and the Sponsor. The User acknowledges and agrees that receiving Rewards may be subject to applicable taxes, including but not limited to documentary stamp tax, value-added tax (VAT), and income tax.
7. Privacy Policy
Golden ABC, Inc. values the privacy of User's personal data. Understanding the importance of security during Transactions on the Application, Golden ABC, Inc. ensures that User's personal data is used for Application and other sales promotional activities purposes provided in this Terms and Conditions. To safeguard User's personal data, Golden ABC, Inc. adheres to the regulations outlined in this Section 8, preventing unauthorized use of personal data without User's prior consent.
The following Privacy Policy applies to Golden ABC, Inc. in relation to the personal data of the User:
7.1. Personal Data Collection
7.1.1. Golden ABC, Inc. collects certain personal information from Users such as phone numbers, email addresses, names, and addresses to enable the use of the Application. Providing this information is necessary for Users to access and use the Application.
7.1.2. When a User registers for membership or redeems Rewards, Golden ABC, Inc. may request additional personal data such as gender, age, preferences, interests, and addresses, to facilitate the delivery of Rewards. This information may also be used to provide tailored communications and personalized marketing based on the User’s needs and interests.
7.1.3. Golden ABC, Inc. may collect data such as IP addresses, browser types, domain names, web pages visited, access times, and referring website addresses. This information is used for statistical purposes to improve and develop Golden ABC, Inc.’s products and marketing efforts. If the information provided by the User is incomplete, Golden ABC, Inc. may update it using other available data.
7.1.4. Users are informed that the Website and Application may contain advertisements linking to other websites with different privacy policies. Users are advised to review the privacy policies of these external sites, as Golden ABC, Inc. cannot guarantee their content or data handling practices. Golden ABC, Inc. is not responsible for any noncompliance with privacy policies on linked websites.
7.1.5. Users confirm that, at the time of registration on the Application, they are 18 years of age or older. By registering, Users acknowledge that they have read, understood, and accepted these Terms and Conditions.
7.2. Use of Personal Data
7.2.1. Golden ABC, Inc. is committed to protecting the data associated with Club PENSHOPPE accounts and will not disclose it to any third parties except for authorized employees of Golden ABC, Inc.
7.2.2. Golden ABC, Inc. will use the collected personal data for purposes including marketing analysis, contacting users, offering services and promotions, providing updates, and conducting surveys to gather feedback on Club PENSHOPPE’s activities.
7.2.3. Golden ABC, Inc. will not sell or share the collected personal data of Users with third parties, except when explicit permission is granted by the user or when required by any Government authority authorized by law or regulation, or to comply with court orders or processes.
7.3. Accessibility and Modification of User Data
7.3.1. Users can access and modify their personal data at any time by logging into their Club PENSHOPPE account.
7.3.2. If a User’s account is deleted, Golden ABC, Inc. will retain the account data in Penshoppe's database for a period permitted by relevant laws for the purpose of preventing unauthorized actions, such as creating a new account after deletion.
Nonetheless, Golden ABC, Inc. shall not use or disclose the data of deleted accounts to third parties unless when required by any Government authority authorized by law or regulation, or to comply with court orders or processes.
7.4. Cookies and Cache File
7.4.1. "Cookies" are small files stored on a user's device that allow Golden ABC, Inc. to retain user data while using the Application or Website. When a user revisits the Application on the same device and signs into their Club PENSHOPPE account, the System sends Cookies to the device. By storing the username and password, Cookies enable the Application or Website to remember the user, eliminating the need to enter login credentials each time the user accesses the Application or Website. Cookies are disabled once the user signs out of the Application or Website.
7.4.2. Golden ABC, Inc. shall use data collected by Cookies for statistical analysis and other activities aimed at improving its services.
7.4.3. Users shall be aware that web browsers or programs associated with websites, or the System installed on their mobile devices may also collect and store Cache Files, including personal data. Users understand and agree that Golden ABC, Inc. does not control or have access to these Cache Files and cannot be held responsible for any use of user personal data by third-party browsers or programs.
7.5. Privacy Policy Update
7.5.1. To ensure the efficiency of our Services, Golden ABC, Inc. reserves the right to modify or update the privacy policy without prior notice. Users are advised to review the privacy policy each time they visit, use, or redeem Rewards from the Website or Application.
By using our Services, Users consent to providing information to Golden ABC, Inc. and agree to be contacted through alternative channels to receive relevant information about their shopping experience. If Users wish to modify or cancel their information, they can contact our customer service at: https://www.penshoppe.com/pages/contact-us
8. Using Application and Website
8.1. Golden ABC, Inc. does not guarantee that the Application, the website or the Services will be error-free and it will not be responsible for any errors or omissions. If Users encounter error, Users can report such errors to Club PENSHOPPE at shop@penshoppe.com. Golden ABC, Inc. shall exert reasonable efforts to correct the errors or omissions as soon as possible upon notification, but shall not be liable for any delays in doing so or for any losses or inconveniences experienced by the User as a result of these errors or omissions.
8.2. Golden ABC, Inc. does not guarantee that the Services, System, Application, or Website will be free from interruptions or disturbances. Golden ABC, Inc. does not guarantee that any information or messages sent through the Services or Application will be delivered successfully without errors or within the intended timeframe.
8.3. Golden ABC, Inc. does not guarantee that the Services, Application, or Website will be secure from computer viruses or other harmful elements that could affect computer systems.
8.4. Access to the Application, Website, and/or Services may occasionally be limited due to maintenance, System repairs, or the addition of new devices or new services. In such cases, Golden ABC, Inc. will seek to restore access as soon as possible. However, Golden ABC, Inc. is not responsible for any system functionality that depends on the browser or other programs of the Sponsor or third parties. Golden ABC, Inc. reserves the right to delete information or Campaigns from the Application, Website, and Services at any time.
8.5. Golden ABC, Inc. reserves the right to block access, modify or delete any content it deems in violation of these Terms and Conditions.
8.6. The User assumes all risk and responsibility for the use of any information or media on the Application or Website.
8.7. User can download the Application from the App Store for Apple devices or Play Store for Android devices. However, Golden ABC, Inc. shall not be responsible for any damage to or malfunction of User’s mobile devices caused by the installation of the Application.
8.8. Golden ABC, Inc. shall not be responsible for the content published by Users in forums, chat rooms, or other free spaces on the Website or Application, and Golden ABC, Inc. shall not have an obligation to guarantee, consider, or approve such content. However, Golden ABC, Inc. reserves the right to remove User-published content without prior notice if it finds or considers that the content may involve any of the following:
8.8.1. Defamation, harassment, disturbance, stalking, intimidation, or any actions that violate privacy rights.
8.8.2. Posting, disturbing, or spreading messages, media or information that constitute defamation or illegality.
8.8.3. Uploading infected or incomplete files, software, or programs that may damage the System and services of Golden ABC, Inc. and/or the computer systems or network of third parties; or
8.8.4. Infringement of copyrights, patents, or other intellectual property rights belonging to Golden ABC, Inc. or any third party under the Philippine or international law.
9.1. Golden ABC, Inc. has the authority to display advertisements in any location within the Application, Website or Program while the User is using the Services.
9.2. Users are free to choose whether to select or click on advertised products or services at their own discretion.
9.3. External advertisers or affiliated company may install or recognize a “cookie” on the User’s web browser. This “cookie” does not retain or link to the User’s personal information. For further information about this process and to opt out, please refer to the Privacy Policy in section 8.
10. The compensation and compensation of damages
10.1. The User agrees to defend, indemnify and hold Golden ABC, Inc. its present and future Affiliates, their respective directors, shareholders, employees and agents free and harmless against any claim, action, suit or proceeding arising out of this Terms and Conditions or from or relating to the acts, omissions, negligence or misrepresentations (whether based upon breach of contract, fraud, negligence, strict liability or otherwise) of the User. The User shall indemnify Golden ABC, Inc. for all losses, damages, liabilities, expenses, litigation costs, including attorney’s fees, incurred by Golden ABC, Inc. as a result of a final judgment entered against the latter in any such claim, action, suit or proceeding.
Golden ABC, Inc. shall not be liable for delays or breaches of these Terms and Conditions caused by Force Majeure.
Force Majeure means any unavoidable circumstances beyond the control of the Party claiming Force Majeure, including but not limited to events such as fire, flood, natural disasters, accidents, riots, war (declared or undeclared), government intervention, strikes, labor disputes, equipment malfunctions, pandemic or epidemic as certified or officially declared by the World Health Organization even if the same is considered as a recurrence of past epidemics or pandemics, any material adverse government action or any other natural event or instance analogous to the foregoing.
12. No Guarantee, The Exemption of Liability and The Release of Liability
12.1. No Guarantee
12.1.1. Unless otherwise specified by applicable law, Golden ABC, Inc. does not have a special relationship with or obligation to the User. The User acknowledges that Golden ABC, Inc. neither controls nor has a duty to perform any actions for the User, and bears no liability for the Services received, the outcomes or results obtained, or the impact of such outcomes or results on the User. Additionally, Golden ABC, Inc. is not liable for any actions taken by the User as a result of receiving these Services.
12.1.2. The Services may contain links to other websites that may include content objectionable to the User or others. Therefore, Golden ABC, Inc. cannot guarantee the accuracy of any content accessed through the Services, and is not responsible for its accuracy, appropriateness, copyright infringement, or any other rights violations related to such content.
12.1.3. The Website, Application, and Services, along with all content, are provided “as is” and “where is” without any express or implied warranties or guarantees.
12.1.4. Golden ABC, Inc. including its directors, shareholders, employees, agents, representatives, and partners does not guarantee:
a. That any deficiencies will be corrected.
b. That the User will be satisfied with the Services; or
c. That the User will receive the Rewards from the Sponsor, or that the Rewards will match the color, quality, quantity, or specifications as shown by the Sponsor or announced in the Campaign.
The User is the sole person who bears the risks associated with using the Application, Website, Services, and their content.
12.2. The Exemption of Liabilities
Golden ABC, Inc. shall not be liable for:
a. Any loss of Points, income, profits, reputation, business, or opportunities experienced by the User due to their use or access of the Application, Website or Services.
b. Any damage, loss or expense suffered or incurred by the User as a result of:
i. Using or accessing the Application, Website or Service
ii. Error in information, or any act of tort or breach of these Terms and Conditions.
12.3. Waiver
12.3.1. The User agrees to irrevocably release Golden ABC, Inc. from all liabilities or damages resulting from the use of the Services, Website, Application or Campaign or otherwise arising out of this Terms and Conditions.
12.3.2. The Sponsor agrees to release Golden ABC, Inc. from all liabilities for the damages resulting from messages or content appearing on the Application or Website or otherwise arising out of this Terms and Conditions.
12.3.3. The Sponsor agrees to release Golden ABC, Inc. from all liability related to the relationship between the User and the Sponsor or otherwise arising out of this Terms and Conditions.
13.1. Captions and Headings
The captions and headings appearing in these Terms and Conditions are for convenience and reference only and should in no way define, limit or describe the scope and intent of this Agreement or any of the provisions hereof.
13.2. No Employer-Employee Relationship, Partnership and/or Agency
The User is not an employee, agent, joint venture or partner of Golden ABC, Inc. for any purpose, and no provision of these Terms and Conditions will be construed to suggest otherwise. Neither Golden ABC, Inc. nor the User has the authority to act on behalf of the other party in a way that incur liabilities, obligations, expenses, or enter into contracts, or represents the other party.
13.3. Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the Philippines. All claims, enforcement of rights and legal actions connected or arising from this Contract shall be brought solely and exclusively in the Trial Courts of Quezon City.
13.4. Communication
All communication or submission of complaints regarding Club PENSHOPPE shall directly be made through the following channels:
a. Facebook: https://www.facebook.com/penshoppe/
b. Instagram: https://www.instagram.com/penshoppe/
c. Email: marketing@penshoppe.com
13.5. Intellectual Property
The Content found on the Application or Website including information, computer programs, images, graphics, videos, fonts, music, sounds, and other materials (collectively referred to as “Contents”) is protected by copyright, trademark, patents or other legally enforceable rights. All Content is the copyrighted property of Golden ABC, Inc., and User is not permitted to reproduce, adapt, delete, add, publish, transmit, distribute, transfer, sell, create derivative works, or modify any Content in whole or in part, without the express prior written consent of Golden ABC, Inc.
13.6. No Third-Party Rights
Regardless of any provisions in this Agreement, it does not grant any rights to third parties, nor does it allow third parties to enforce any rights under this Agreement.
