DISCLAIMER
Effective: October 10, 2025
1. IDENTITY OF SONAK
1.1. "SONAK" or "we" refers to SONAK ASIA PTE. LTD., a company incorporated and registered in Singapore. We have our branch office address here in the Philippines at the 30th Floor, Parkway Corporate Center, Corporate Ave. corner Parkway Place, Filinvest City, Alabang, Muntinlupa City 1781.
1.2. Under the terms of the Master Service Agreement that we entered into with ABC-Mart Sonak Philippines Inc. (“ASP”), we are vested with the authority to offer and sell ASP Products (“Products”) via digital and e-commerce platforms.
2. APPLICABILITY
2.1. This Disclaimer (For the Use of the Website) (“Disclaimer”) applies to the Customers who purchase Products (“Customer” or “you”) through the use of the herein Website (“Website”).
2.2. By using or accessing the Website, regardless of whether Product purchases have been made, Customer agrees to be bound by the provisions set forth in the herein Disclaimer.
2.3. Individually, SONAK and Customer is referred herein as “Party” and collectively, as “Parties”.
3. INTELLECTUAL PROPERTY
3.1. All copyright, trademarks and design rights (registered and unregistered), patents, trade secrets, rights in get-up, goodwill, rights in computer software, database rights and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world (“Intellectual Property”) with respect to the Website and all related information, materials and other data, including applications published or available on or through the Website or otherwise shall remain vested in SONAK, ASP, their affiliates and subsidiaries. Customer may not distribute, exchange, sell, copy, modify, reproduce, republish, disassemble, decompile, reverse engineer, exploit, download, post, broadcast, transmit, make available to the public, or otherwise use any of the Intellectual property in any way except for the Customer’s own personal, non-commercial use. Customer also agree not to adapt, alter or create a derivative work from any of the Intellectual Property except for the Customer’s personal, non-commercial use. Any other use of the Intellectual Property requires the prior written permission of SONAK.
3.2. Nothing in this Disclaimer shall be construed as transferring ownership of any Intellectual Property belonging to SONAK, ASP, their affiliates, or subsidiaries to the Customer or to any third party.
4. PERSONAL DATA
As regards processing of Personal Data or Information of Customers, SONAK’s Privacy Policy shall apply. The Privacy Policy can be found on the Website under the link “Privacy Policy.”
5. VIOLATION OF SECURITY SYSTEMS
5.1. The Customer is prohibited from using any services or facilities provided in connection with the Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programmes, cracking tools, or network probing tools) is strictly prohibited.
5.2. In the event of such an incident, SONAK reserves the right to disclose the Customer’s information to system administrators of other platforms for the purpose of investigating and resolving security breaches, and to pursue the filing of appropriate criminal, civil, or administrative charges as warranted.
6. LINKS TO OTHER INTERNET SITES
6.1. The Website may contain links to other internet sites. SONAK provides such links for Customer’s convenience only, and is not responsible for any damages arising from the access or contents thereof. Links to other internet sites as shown in the Website do not indicate that SONAK approves of, endorses, sponsors, or recommends access of the same.
6.2. SONAK disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on these Internet Sites. SONAK is not responsible for the privacy practices of any other internet sites linked to on the Websites. The user should separately review the privacy policies for those other websites that are linked to on the Websites.
6.3. Customer expressly and irrevocably releases SONAK from any and all claims arising from the access of the foregoing internet sites.
7. NO WARRANTY
SONAK does not warrant that:
7.1. The content of the Website are free of defects, virus free, and that it would be able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected.
7.2. The content of the Website are meant to serve as a substitute for medical advice, diagnosis or treatment, or for the individualized advice or care of a healthcare provider. These contents are solely for the advertisement, promotion or sale of the Products.
7.3. The contents of the Website are merchantable, correct, of satisfactory quality, accurate, adequate, safe, useful, fit for a particular purpose or need, reliable, or non-infringing.
8. RIGHT TO CHANGE THE CONTENT OF THE WEBSITE
8.1. SONAK reserves the right to change or discontinue any service, feature or content of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
8.2. SONAK may add, change, discontinue, remove, or suspend any other SONAK Content posted on the Websites, including features and specifications of products and services described or depicted on the Websites, temporarily or permanently, at any time, without notice and without liability.
9. LIMITATION OF LIABILITY
9.1. SONAK, ASP, and their respective affiliates, subsidiaries, directors, officers, employees, agents, and other personnel, shall not, under any circumstances, be held liable to the Customer for any loss, damage, expense, or claim arising from or in connection with the access to, use of, or inability to use the Website—including but not limited to system interruptions, unauthorized access, data breaches, transmission errors, or any other technical or security-related incidents. This limitation of liability applies regardless of the nature of the claim, whether based in contract, tort, equity, or otherwise, and includes indirect, incidental, consequential, or punitive damages.
9.2. The Customer agrees to hold SONAK, ASP, and their respective affiliates, subsidiaries, directors, officers, employees, agents, and other personnel harmless and free from any liability for any loss, damage, or claim arising out of or in connection with the Customer’s access to the Website or its contents—including, but not limited to, unauthorized access resulting from the interception of usernames, passwords, or other data inputted by the Customer on the Website by third parties, or any data breach incident.
10. INDEMNITY
In case of SONAK’s enforcement of the rights and remedies available to it laid down herein due to breach of this Disclaimer, Customer agree to indemnify SONAK, ASP, their affiliates, subsidiaries, directors, officers, employees, agents, and other personnel from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees.
11. MISCELLANEOUS
11.1. NON-ASSIGNABILITY: Unless otherwise expressly provided in this Disclaimer, neither Party shall assign, transfer, or delegate any of its rights or obligations under this Agreement to any third party without the prior written consent of the other Party.
11.2. BINDING EFFECT: Except as otherwise expressly provided, this Disclaimer shall insure to the benefit of and be binding upon each Party thereto, and their respective successors and assigns.
11.3. AMENDMENTS: SONAK may update this Disclaimer from time to time, with the changes taking effect on the date of effectivity as indicated.
11.4. ARBITRATION: In the event any dispute with respect to any of the provision of the herein Terms, the Parties shall meet as promptly as practicable after notice to resolve such dispute. Any dispute, controversy, or claim between the Parties arising from or in relation to the Terms shall first be settled amicably and shall not be a matter of court adjudication except for the enforcement of the arbitral award. In case the dispute is not settled, Parties shall enter arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc., Arbitration. The Arbitration panel shall be composed of three (3) arbitrators. Each Party shall designate an arbitrator, and the two arbitrators designated shall select the third arbitrator who will act as the presiding arbitrator. The decision of the arbitration panel shall be final and executory unless properly set aside by a competent court on grounds allowed by law. The costs of arbitration shall be divided between the Parties.
11.5. GOVERNING LAW AND JURISDICTION: This Disclaimer shall be governed by, construed, and enforced in accordance with the laws of the Republic of the Philippines. For the enforcement of the arbitral award, the Parties hereby agree to submit themselves to the exclusive jurisdiction of the proper courts of Muntinlupa City, Philippines, to the exclusion of other courts.
11.6. SEVERABILITY: If any provision of this Disclaimer is held to be illegal, invalid, or unenforceable, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable. If such modification is not possible, the Parties shall negotiate in good faith to amend such provision to achieve a legal, valid, and enforceable provision that, to the greatest extent possible, reflects the Parties' original commercial intent. The invalidity or unenforceability of any provision of this Disclaimer shall not affect the validity or enforceability of the remaining provisions.
11.7. SUPPLETORY APPLICATION: In matters not expressly governed by the foregoing provisions, SONAK’s Cookies Policy Disclaimer, Privacy Policy, and any other officially issued memoranda addressing specific concerns shall apply suppletorily.