GSC Terms & Conditions

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Welcome to Grand Switch Corp Online Store under its Brand Name - DMD cEnter. Grand Switch Corp. (GSC) and its brand DMD cEnter provide products and services to subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.

I. Definitions and Interpretation

In these GSC or DMD cEnter Online Shop Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:

“Affiliate” and “Drop Shipper” is a company, organization, or individual that markets another company’s products through their website and/or social media network. In exchange for marketing their products, companies pay affiliates and drop shippers a commission for each sale they generate.

“Counterfeit”, in relation to the Seller’s Products (as defined in the Terms of Use), shall mean a good:

(a) which bears a sign identical with, or similar to, a registered trade mark (wherever registered), and:

(i) the application of the sign to the good or the packaging thereto is an infringement of the registered trademark;
(ii) the good is proposed to be imported into the country where the good is delivered to or received by you, the Customer (as defined in the Terms of Use), and the application of the sign to the good of the packaging thereto would be an infringement of the registered trade mark; or
(iii) the sign has otherwise been used in relation to the good or the packaging thereto in such a way as to infringe the registered trade mark; and

(b) where the sign borne on the good or the packaging thereto is identical with, or so nearly resembling, the registered trade mark as to be calculated to deceive; and
(c) the sign borne on the good or the packaging thereto is applied without the express or implied consent of the proprietor of the registered trade mark, and to falsely represent the good to be the genuine good of the proprietor or a licensee of the registered trade mark.

“Collaborative Partner” or “Distributor” is a Company or Partnership or Individual Proprietor that holds the right and legal rights to supply the said products and/or services in the market, country or region. This either sell directly to the clients or direct to the end consumer. They are responsible in handling the importation, managing and keeps the inventory for physical products, provide the actions necessary to provide the service offered if service provider, marketing materials, manages their own product stocks or services within the DMD cEnter website such as inventory, prices, description, uploading of their product or service images, coordination with DMD cEnter for product and service support, actual participation related to their specific product/s and service/s at DMD cEnter for customer support, promotions and provide shipping and handling with customer support on behalf of the manufacturers to the users resulting to a smooth operations of the goods and services. They can expedite response times, enhance a company’s reach and even create value-added packages.

“DMD Online Logo Badge” means the dmd logo in a price tag design is applied to the Product Details Page on selected GSC Online Shop Goods to indicate that the service/s and/or products is either fully or partly owned by GSC.

“DMD cEnter Channel or Usapang Dentista Channel” means the sales channel operated by GSC for the purposes of providing information and offers from the DMD cEnter Shop Goods and DMD cEnter Indirect Goods.

“GSC Online Shop Goods” or "DMD cEnter Shop Goods” means goods and/or services that are directly sold by GSC from the manufacturer or down product/s and service/s and has the legal right to sell the products in the market, country or region.

“GSC Indirect Goods” or "DMD cEnter Indirect Goods” are goods either promoted and marketed by GSC on behalf of a Seller or Distributor only and just get a commission out of the goods and/or services, on the GSC or DMD cEnter Online Shop through the Platform of DMD cEnter website and channel.

“GSC or DMD Center Online Shop Terms” means these terms and conditions, as amended by GSC in its sole and absolute discretion from time to time.

“Pending Payment” is the status of an order wherein order is received, but, no payment is initiated. Considered to be an unpaid order and awaiting for payment.

“Failed Transaction” is the status of an order wherein payment failed or was declined or requires authentication from the payment portal provider such as Credit Card, PayPal, PayMongo, etc. Note that this status may not show immediately and instead show as Pending until verified (i.e., PayPal).

“Processing” is the status of an order wherein payment is received (paid) and stock has been reduced; order is awaiting fulfillment or to be shipped. All product orders require processing, except those that only contain products which are both Virtual and Downloadable.

“Fulfilled” is the status of an order wherein GSC or the “Collaborative Partner” or “Distributor” has delivered the order or fulfilled the service to the customer.

“Completed” is the status of an order wherein the product/s or services is fulfilled and completed by GSC or the “Collaborative Partner” or “Distributor” to the customer; and, in cases of the “GSC Indirect Goods” or "DMD cEnter Indirect Goods” it means GSC have fully paid the shared portion of the “Collaborative Partner” or “Distributor”. This indicates that the overall transaction requires no further action on all parties involved.

“On Hold” is the status of an order wherein it is awaiting for payment (i.e.Bank Deposit Transactions or COD). The stock is reduced on the store, but, payment confirmation is still needed.

“Cancelled” is the status of an order wherein the admin approved the cancellation request of the customer or admin cancelled due to unpaid transaction of more than 7 days. This indicates that the stock availability is increased and no further action required.

“Refunded” wherein the admin approved the refund request of the customer or admin refunded due to unfulfilled order of more than 30 days.This indicatesthat there no further action required upon fulfillment of the refund.

“Authentication Required” is the status of an order wherein it is awaiting action of the customer to authenticate the transaction and/or complete requirements requested by DMD cEnter Online Shop.

“Product Details Page” means the product details page of the relevant goods available on the Platform.

“Terms of Use” means the terms and conditions governing your use of the Platform and which are set out at https://dmd-center.com/general-terms-and-conditions/.

II. Service Terms

A. These GSC Online Shop Terms shall apply to your purchases that are considered to be GSC actual goods directly being sold by GSC as a distributor or representative of the manufacturer and GSC Indirect Goods that are sold by GSC Online Shop as an affiliate or online sales agent of the said Distributor. GSC Online Shop Goods can be identified from the “DMD Online Logo Badge” and for digital services under the category if Dental Enhancement Skill Class (DESC) on the Sale’s page listing of the goods.

B. By purchasing GSC Online Shop Goods and GSC Indirect Goods, you agree to be bound by these GSC Online Shop Terms, as amended from time to time, in addition to the Terms of Use for the Platform, which are incorporated by reference into these GSC Online Shop Terms.

C. For the avoidance of doubt, capitalized terms used and not defined herein have the same meaning as given to such terms in the Privacy Policy.

D. In the event of a conflict between the provisions of these GSC Online Shop Terms and Privacy Policy, the provisions of the GSC Online Shop Terms shall prevail.

E. With GSC Indirect Goods is purchased by a customer from GSC Online Store, GSC is obligated only to do the following and will not be legally liable that’s outside from its responsibilities to fulfill the said sales transaction/s. Here’s GSC obligations for GSC Indirect Goods and exclusions from its services.

(a) Facilitate the promotion and selling of the GSC Indirect Goods to the customer through GSC Online Shop, Affiliates and its social networks.

(b) Facilitate the information and process necessary to fulfill the order/s of the customer through GSC Online Shop up to online payment transaction only. This payment only includes payments done via PayPal, Credit Card, Direct Bank Deposit or Check Deposit or Other Online Payment Service/s that GSC had an agreement with such as Paymongo to process GCash or PayPal for Credit Card transactions. Currently, COD, Cash Installment Plans and PDC upon delivery of the goods and other means that will not have documentation/s of full payment is not yet offered at GSC Online Shop and if done by the customer during their products’ and/or service/s’ directly through the delivery service will be deemed as unpaid and if  the payment actually occurred and received by GSC, this mode of payment are excluded from GSC responsibilities in terms of warranty, guarantee, refund or immediate replacement of the goods.

(c) For The shipping and handling of “GSC Indirect Goods” or "DMD cEnter Indirect Goods” unless indicated otherwise on the Sales, Cart or Check-Out Pages that GSC will deliver the goods to the customer through GSC own delivery service, then, the actual Distributor or the Seller is the one responsible for your orders’ delivery.

(d) For “GSC Indirect Goods” or "DMD cEnter Indirect Goods”, GSC is not responsible for refund or replacement or warranty and guarantee of the product/s you purchase from GSC Online Shop, however, GSC will facilitate and assists you to address any problems or disputes that may arise from your purchase in our online store with the Distributor and/or Seller. The final decision/s will lie with the Distributor involved in settling such dispute.

III. Representation and Warranty

A. GSC represents and warrants that the “GSC Online Shop Goods” or "DMD cEnter Shop Goods” at GSC Online Shop are not Counterfeit.

B. Save as provided in above Clause A, and, in the Terms of Use, GSC expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind that involves “GSC Indirect Goods” or "DMD cEnter Indirect Goods”.

C. The representation and warrants of “GSC Indirect Goods” or "DMD cEnter Indirect Goods” available at GSC Online Shop are given by the DMD cEnter’s “Collaborative Partner” or “Distributor” under their sole discretion and responsibility.

D. Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for GSC’s breach of the representation and warranty given in Clause A & C shall be limited to this Clause D.

(a) If you believe that the “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods” at GSC Online Shop which you have purchased do not conform to the representation and warranty given in Clause A & C, you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy within seven (7) days of the date on which you received the GSC Online Shop Goods.

(b) Following your refund claim, you will be provided with a link with a template for refund claim form (“Claim Form”), within which you should state the reasons for your belief that “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods” from GSC Online Shop Goods which you have purchased does not conform to the representation and warranty given in Clause III A or C.

(c) For “GSC Online Shop Goods” or "DMD cEnter Shop Goods”, you shall return the product/s to GSC while for service/s or digital products allows GSC to remove your access permission or stop the service in accordance with GSC’s instructions. Once GSC the product/s is returned and/or the service access is shutdown or stopped, GSC shall refund you the full purchase price of the “GSC Online Shop Goods” or "DMD cEnter Shop Goods” within a reasonable period of time. For “GSC Indirect Goods” or "DMD cEnter Indirect Goods” at GSC Online Shop, you shall return the product/s directly to the delivery address of our “Collaborative Partner” or “Distributor”  while for service/s or digital products allows GSC to remove your access permission or for the “Collaborative Partner” or “Distributor” to stop the service in accordance with our “Collaborative Partner” or “Distributor” instruction related through GSC. Once “GSC Indirect Goods” or "DMD cEnter Indirect Goods” is returned and/or the service access is shutdown or stopped and the refund is approved to proceed by our “Collaborative Partner” or “Distributor”, GSC shall refund you the full purchase price of the “GSC Indirect Goods” or "DMD cEnter Indirect Goods” within a reasonable period of time.

(d) Following the return of the “GSC Online Shop Goods” or "DMD cEnter Shop Goods” to GSC or “GSC Indirect Goods” or "DMD cEnter Indirect Goods” to our “Collaborative Partner” or “Distributor”, GSC shall verify your Claim Form. For the purposes of facilitating such verification, you shall use your best endeavor to fully cooperate with GSC. In the event that GSC and/or our “Collaborative Partner” or “Distributor” determines, in its sole and absolute discretion, that the GSC Online Shop Goods” or "DMD cEnter Shop Goods” to GSC or “GSC Indirect Goods” or "DMD cEnter Indirect Goods” does not conform to the representation and warranty given in Clause A or C, respectively, and in dispute:

  1. For “GSC Online Shop Goods” or "DMD cEnter Shop Goods” may issue a store credit voucher or rebate coupon equivalent in value to the full purchase price of the GSC Online Shop Good via email; and
  2. You shall thereafter have no further claim against GSC, and you shall release and hold harmless GSC from any and all liability arising out of or in connection with your purchase of the GSC Online Shop Good.
  3. For “GSC Indirect Goods” or "DMD cEnter Indirect Goods”, our “Collaborative Partner” or “Distributor” may offer in exchange to settle the dispute; If you accept the  offer, then,
  4. You shall thereafter have no further claim against both GSC and our “Collaborative Partner” or “Distributor”, and you shall release and hold harmless both GSC and our “Collaborative Partner” or “Distributor” from any and all liability arising out of or in connection with your purchase of the “GSC Indirect Goods” or "DMD cEnter Indirect Goods” from GSC Online Shop.

(e) In the event that GSC and/or our “Collaborative Partner” or “Distributor” determines, in its sole and absolute discretion, that the “GSC Online Shop Goods” or "DMD cEnter Shop Goods” or “GSC Indirect Goods” or "DMD cEnter Indirect Goods” does conform to the representation and warranty given in Clause III A or C, respectively, you shall have no further claim against GSC and/or our “Collaborative Partner” or “Distributor”, and you shall release and hold harmless GSC and/or our “Collaborative Partner” or “Distributor” from any and all liability arising out of or in connection with your purchase of the GSC Online Shop.

(f) GSC’s determination pursuant to this Clause D shall, save in the case of manifest error, be final and binding on you.

(g) If you fail to make a refund claim within seven (7 days of the date on which you received the GSC Online Shop Goods, as set out in Clause D(a), you are deemed to have accepted the “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods” as conforming to the representation and warranty given in Clause A or C, respectively.

E. Returns, Replacements & Shipping

1. For physical products for both “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods”, maybe returned and replaced within seven (7 days of the date on which you received the “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods”), provided set forth in the following conditions:

➢The customer has completely filled up the “Return & Replacement Form” provided by GSC through a link at DMD cEnter.

➢ For digital products and/or services, there’s NO RETURN NO EXCHANGE.

➢ For consumable product/s, it must be proven to be defective, damaged or an error on the product’s specifications (i.e. size, model, brand, quantity) has been made in the delivery by either GSC or our “Collaborative Partner” or “Distributor” for “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods”, respectively.

➢ For consumable product/s, the item must unopened and unused. If opened and slightly used, the customer must provide an acceptable explanation as to the state of the product.

➢ For physical products with warranty and/or guarantee offered by either GSC and/or our “Collaborative Partner” or “Distributor”, the replacement of the product or part/s of the product will fall under the warranty and/or guarantee.

➢ The damage or defect is not caused by the delivery of the item and/product.

➢ The physical product in dispute has been successfully returned and delivered to GSC for “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or to our “Collaborative Partner” or “Distributor” for “GSC Indirect Goods” or "DMD cEnter Indirect Goods”

➢ For physical products with shelf-life less than 12 months expiration date EXCEPT if specified otherwise on the product page before purchase and/or under promotional price or offer or gift.

2. Based on the investigation after all requirements and qualifications have been fulfilled E.1. by the customer, it is in the sole discretion of GSC and/or our “Collaborative Partner” or “Distributor” for both “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods”, respectively, to approve the return and replacement request. The customer will be notified by GSC of the final decision for the request.

3. The customer shall pay the shipping cost of the product requested to be replaced. If replacement is approved due to the fault of GSC and/or “Collaborative Partner” or “Distributor”, the shipping cost will be reimbursed by either GSC and/or “Collaborative Partner” or “Distributor” depending whether it is a “GSC Online Shop Goods” or "DMD cEnter Shop Goods” and/or “GSC Indirect Goods” or "DMD cEnter Indirect Goods”. The reimbursement from our “Collaborative Partner” or “Distributor” will be received from GSC to the customer. The shipping cost of the replacement of the product will be free of charge to the customer.

4. If the replacement has been approved, but, the cause of replacement is due to the customer no reimbursement shall occur on the shipping cost of the return of the disputed product to GSC and/or our “Collaborative Partner” or “Distributor” address and the customer shall pay for the shipping cost of the replacement.

5. If the product is re-shipped due to wrong address or error in product entry provided by the customer, the customer shall pay for the re-shipping cost. If due to GSC, GSC shall pay for the re-shipping cost. If due to our “Collaborative Partner” or “Distributor”, our “Collaborative Partner” or “Distributor” shall pay for the re-shipping cost.

6. If the return and replacement has been approved by GSC and/or our “Collaborative Partner” or “Distributor”, and the replacement is out of stock, GSC and/or our “Collaborative Partner” or “Distributor” will refund your payment.

F. Reward Points

1. Reward Points are provided by DMD cEnter and it is in its sole discretion to add or deduct or change the rules and values of the reward points as an extra benefits to its users and/or members.

➢ For every first daily login of its members, the member earns 1 point.

➢ For new registration, the registrant earns 10 points.

➢ For a member of DMD cEnter to complete a profile, earns 10 points.

➢ For every referral link sign-up by a member to a new registrant, the referee earns 20 points

➢ For every referral for a successful purchase, the referee earns 50 points

➢ Every member on their birthday, earns 20 points

➢ For every 5 reviews whether physical or digital products that they legitimately purchased, the member earns 10 points 

2. 1 Reward Point is given for PHP 100.00 or USD 2.00 of the Total Purchased Completed excluding tax and shipping cost.

3.  1 Reward Point is equivalent to PHP 1.00 or USD 0.20 cents

4. Reward Points can be accumulated and expires in 12 months.

5. Reward Points can be used as discount or actual payment to digital or physical products and services whether "DMD cEnter Shop Goods” and/or “GSC Indirect Goods”.

6. Reward Points is deducted from a registered DMD cEnter member if the order is cancelled or refunded.

7. Reward Points is not convertible to cash. Convertible to cash value for discount for online shopping at DMD cEnter ONLY.

IV. Copyright Protection

  1. For any digital product/s and/or service/s, any violations of the customer against the copyright ownership of GSC and/or our “Collaborative Partner” or “Distributor”, GSC has the right to automatically terminate or cease the access of the user without notice within the following conditions:

(a) Sharing of Password for others to access the paid digital product/s and/or service/s through the user’s account who purchased the digital product/s and/or service/s.

(b) Downloading, screen sharing, screen recording, video recording, link sharing and publication of the paid digital product/s and or service/s without written consent from GSC or those strictly prohibited.  

(c) Any actions that is under the basis of copyright infringement.

Illegal access via hacking or other forms of entry to use GSC paid digital product/s and or service/s.

2. GSC and/or our “Collaborative Partner” or “Distributor” will file a legal case against any violators of the copyright protection bestowed in all our paid digital product/s and or service/s.

V. Use and Disclosure of Data

You agree that GSC shall be entitled to use or disclose any information or data disclosed by you in accordance with GSC’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by GSC from time to time.

VI. Miscellaneous

1. You shall be bound by and shall fully observe and comply with these GSC Online Shop Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you. The rights and protections conferred on GSC under these GSC Online Shop Terms shall be additional to the rights and protections conferred on GSC under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you.
2. Any clause in these GSC Online Shop Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

3. GSC reserves the right to alter, modify, add to or otherwise vary these GSC Online Shop Terms from time to time, and in such manner as GSC deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Service after such notice, you shall be deemed to have accepted the amendments

VII. Indemnification

You hereby agree to indemnify, defend, and hold harmless Company, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party;
(ii) the breach of any representation or warranty made by you herein; or
(iii) or any claim related to your website.

VIII. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

IX. Severance

If any provisions of this Agreement are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected thereby.

X. No Right For Third Party

A person who is not a party to this Agreement shall have no right under this Agreement or other Contracts.

XI. Dispute Resolution

➢ If any dispute, controversy, or claim between the parties arises out of or in connection with this Agreement, they shall use all reasonable endeavors to resolve the matter amicably. If one party gives the other notice that a material dispute has arisen and the parties are unable to resolve the dispute within a period of thirty (30) days of service of the notice, then, the dispute shall be referred to parties’ respective Chairman or Chief Executives. Neither party shall resort to dispute resolution below against the other under this Agreement until thirty (30) days after referral. This shall not affect a party’s right, where appropriate, to seek an immediate remedy for an injunction, specific performance or similar court order to enforce the obligations of the other party.

➢ This Agreement is governed by and are to be construed in accordance with Philippine Law.

➢ All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination or any dispute regarding non-contractual obligations shall be finally settled under the arbitration rules of the Philippine Court  represented by one or more arbitrators appointed in accordance with the said rules. The seat of arbitration or court shall be at the location of the aggrieved party’s choice and must be within the Philippines. Moreover, as per stated the proceedings shall be conducted in English.

XII. Counterparts

This Agreement may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument.

XIII. Miscellaneous

This Agreement will be governed by the laws of Republic of the Philippines, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the local courts located in Makati, Metro Manila and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GRAND SWITCH CORPORATION OR ITS BRAND STATED HERE, DMD CENTER. BY CLICKING THE "I ACCEPT" BUTTON IN SALES TRANSACTION ON CHECK OUT AND AS A MEMBER OF DMD CENTER YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS GSC TERMS AND CONDITIONS ONLINE TRANSACTIONS AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.

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