KayaItoBiniliKo.com (“KIBK”) offers users the opportunity to explore and purchase unique products through our website. These services are provided subject to the following terms and conditions.

PRIVACY Please refer to our Privacy Notice to comprehend our privacy practices.

GENERAL

This page outlines the Terms of Use (“Terms”) governing your use of www.KayaItoBiniliKo.com (the “Site”), an online service for discovering and purchasing new and unique products and gifts. These Terms include the KIBK Privacy Policy, incorporated by reference. Carefully read these Terms. If you do not accept these Terms, refrain from using the Site and its services. By registering for and using the Site, you expressly agree to be bound by these Terms, including the KIBK Privacy Policy.

KIBK may revise these Terms by posting an updated version on the Site. Visit this page periodically to review the most current Terms, as they are binding. The terms “You” and “User” refer to all individuals and/or entities accessing the Site. The term “Post” means information submitted, published, or displayed on the Site.

ELIGIBILITY

By visiting the Site and accepting these Terms, You represent and warrant to KIBK that You have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to KIBK that You will use the Site in a manner consistent with all applicable laws and regulations.

LICENSE

KIBK grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site. This license permits users to search for unique products and gifts for personal use. Users are prohibited from making any derivative use of the Site, its content, or using any data-gathering tools without express written consent from KIBK.

Any unauthorized use terminates the permission or license granted by KIBK and may result in civil and criminal liability.

SITE RESTRICTIONS

Users may not use the Site to transmit, post, distribute, store, or destroy material in violation of any applicable law or regulation. Prohibited activities include infringing on the intellectual property rights of others, violating personal rights, and posting defamatory, obscene, threatening, or abusive content.

Users are also prohibited from attempting to violate the security of the Site, including unauthorized access or interference with the service. Attempts to violate system or network security may result in civil and/or criminal liability.

PROHIBITED USES

Listing available products on the Site may be used only for lawful purposes. Users may not use framing techniques to enclose any trademark, logo, or other proprietary information without express written consent from KIBK. Users agree not to sell or modify any content found on the Site for commercial purposes without express written consent.

KIBK has no duty to monitor materials posted on the Site but may investigate and take action based on user reports.

ELECTRONIC COMMUNICATION

When you visit the Site or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site.

COPYRIGHT

All content on this Site is the property of KIBK or its content suppliers and is protected by Philippines and international copyright laws.

TRADEMARKS

KayaItoBiniliKo.com, KIBK, and other KIBK graphics, logos, page headers, icons, images, and service names are trademarks of KIBK . All other trademarks appearing on this Site are the property of their respective owners.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password. You agree not to disclose personally identifiable data obtained from the Site. KIBK may refuse service, terminate accounts, and remove or edit Content at its discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Registered Users may post reviews and comments on products or services purchased via the Site, provided the Content is legal and adheres to guidelines. KIBK may remove or edit such Content at its discretion.

Users grant KIBK a nonexclusive, royalty-free, perpetual, irrevocable right to use posted content. Users represent and warrant ownership of posted content.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Site and its content are provided “as is.” KIBK disclaims all warranties and limits liability for damages arising from the use of the Site.

INDEMNITY

You agree to defend, indemnify, and hold harmless KIBK, its affiliates, and their respective officers, directors, employees, and agents from any claims, actions, or demands.

APPLICABLE LAW

These Terms are governed by the laws of the Philippines.

ARBITATION AGREEMENT AND CLASS ACTION WAIVER

If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and KIBK (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.

This Section (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in Philippines, and applies to the fullest extent allowable by law.

Please read this Section carefully, as it affects your rights.

A. Disputes that We’ll Arbitrate. You and KIBK agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by KIBK or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and Etsy are each waiving your right to sue in court and have a court or jury trial.

B. Class and Representative Action Waiver. You and KIBK agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in Section ARBITATION AGREEMENT AND CLASS ACTION WAIVER F. (Batch Arbitration), disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this ARBITATION AGREEMENT AND CLASS ACTION WAIVER B. is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).

C. Informal Dispute Resolution. Before filing an arbitration, you and KIBK will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to helpdesk@kayaitobiniliko.com that includes (1) your name, phone number, username and shop name (if applicable), and email address for your account, and (2) a description of the Dispute and how you’d like it resolved. If KIBK has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and KIBK must cooperate to schedule that meeting by phone or videoconference. You and KIBK each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

D. Arbitration Rules and Procedures. To initiate arbitration, either you or we must file an arbitration demand with the Dispute Resolution and Arbitration System (“DRAS”). You may serve KIBK with any arbitration demand by mail to: KIBK , Inc. c/o EGOC, L212 Zamora Street, Lumban, Laguna, PH 4014. If KIBK has a dispute with you, we will send an arbitration demand to the email address for your account. If the DRAS cannot or will not administer the arbitration in accordance with ARBITATION AGREEMENT AND CLASS ACTION WAIVER, you and we will select another provider (and if we can’t agree, a court will choose the provider).

The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live (for PH residents), Philippines (for non-PH residents), or as determined by the arbitrator (in the case of Batch Arbitration).

The arbitration will be decided under DRAS's Dispute Resolution and Arbitration System, as modified by this Agreement. But if you are using the Services as a business and either your or KIBK's claims exceed Php 50,000, the DRAS's Dispute Resolution and Arbitration System will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure , and the arbitrator may impose any sanctions available under the DRAS Rules, ARBITATION AGREEMENT AND CLASS ACTION WAIVER, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would.

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this  (Arbitration and Dispute Resolution Agreement), and either party’s compliance with ARBITATION AGREEMENT AND CLASS ACTION WAIVER.C (Informal Dispute Resolution). Except as provided in ARBITATION AGREEMENT AND CLASS ACTION WAIVER.F (Batch Arbitration), the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and KIBK. Judgment on the award may be entered in any court with jurisdiction.

E. Arbitration Fees. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the DRAS’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and KIBK will pay the difference on your behalf.

F. Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, the DRAS shall group the claimants into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). The DRAS shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the DRAS , one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by DRAS shall be heard by a single process arbitrator. If this ARBITATION AGREEMENT AND CLASS ACTION WAIVER F, is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

G. Opt out. You have a limited right to opt out of this Arbitration Agreement (excluding ARBITATION AGREEMENT AND CLASS ACTION WAIVER I.). Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to helpdesk@kayaitobiniliko.com with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither KIBK nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.

H. Future Changes to the Arbitration Agreement. KIBK will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing helpdesk@kayaitobiniliko.com within 30 days after you receive notice, including your name, email address associated with your account, and your KIBK account(s). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and KIBK, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.

I. Choice of Law and Forum. KIBK is based in Philippines, so if there are claims between you and KIBK that aren’t subject to arbitration, you and KIBK each agree to litigate those claims exclusively in state or federal court in Philippines County, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court–you can do that in the county of your residence. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by Philippines law, without regard to conflict-of-law rules, and P.H. federal law (including the Federal Arbitration Act). For clarity, this ARBITATION AGREEMENT AND CLASS ACTION WAIVER I. will continue to apply even if you validly opt out of arbitration under ARBITATION AGREEMENT AND CLASS ACTION WAIVER G..

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Review our Privacy Policy, also governing your use of the Site. KIBK reserves the right to make changes to the Site, policies, and these Terms at any time. If any condition is deemed invalid, it shall be deemed severable and shall not affect the validity and enforceability of remaining conditions.

OUR ADDRESS

KayaItoBiniliKo.com

058 Zamora St Brgy Primera Parang 

Lumban, Laguna 4014