TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS HOMEPAGE

The use of this site or any other site owned or maintained by Pan Pacific Retail Management (Guam) Co.,Ltd., a private limited company organized and existing under the laws of Guam, the United States (“PPRM”), is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS HOMEPAGE

1. Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Guam, the United States, and other applicable copyright laws, and is the property of PPRM. The collective work includes works that are licensed to PPRM. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PPRM. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

You may post scores, reviews, comments (including, but not limited to, suggestions, ideas, questions or other information) and any other content regarding store merchandise, as long as the content posted is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain any software viruses, political campaigning, commercial solicitation, chain letters or any form of “spam.”

If you post such content, unless we indicate otherwise, you are deemed to have granted PPRM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any and all media. You also grant PPRM and its sublicensees the right to use the name that you submitted in connection with such content if they so choose. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, that any use of the content you post does not violate this policy and will not cause injury to any person or entity, and that you will indemnify PPRM for all claims resulting from the content you post. PPRM has the right but not the obligation, to monitor and edit any and all activity or content in relation to the homepage. PPRM takes no responsibility and assumes no liability for any content posted by you or any third party.

2. Trademark Notice

All trademarks, service marks and trade names used in the homepage are trademarks or registered trademarks of PPRM.

3. Warranty Disclaimer

This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked website / mobile app.

PPRM makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of any information on this site. PPRM does not represent or warrant that (a) the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the site or PPRM’s products will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components.

PPRM, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any hyperlinked website / mobile app. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked website / mobile app is to stop using the site and/or those services.

Although PPRM attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform PPRM so that it can be corrected. Information contained on the Site may be changed or updated without notice.

4. Third Party Interactions

In an attempt to provide increased value to our visitors, our homepage may link to sites operated by third parties. However, even if the third party is affiliated with PPRM, PPRM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the homepage. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. PPRM shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. PPRM does not endorse any third party sites on the Internet that are linked through its Website / Mobile app. PPRM provides these links to you only as a matter of convenience, and in no event shall PPRM be responsible for any content, products, or other materials on or available from such sites. PPRM provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

These linked sites are only for your convenience and therefore any access of them is at your own risk. Nonetheless, PPRM seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

5. Territory

The materials on this Homepage are directed solely at persons accessing the homepage from Guam. We make no representation that any product or service referred to on this Website / Mobile app is available, or appropriate for use for any other location.

6. Limitation of Liability

In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this site, including but not limited to the use or inability to use the site, or for any content obtained from or through the site, any interruption, inaccuracy, error or omission, regardless of cause in any information contained herein, even if the party from which damages are being sought have been previously advised of the possibility of such damages. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

7. Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is forbidden. Impersonation of others, including a PPRM or other licensed employee, host, or representative, as well as other members or visitors on the site is also prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

8. Participation Disclaimer

PPRM does not and cannot review all communications and materials posted to or created by users accessing the site, and will not be in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.villageofdonki.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. Nonetheless, PPRM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to PPRM in its sole discretion.

9. Indemnification

You will indemnify and hold PPRM, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

10. Notice

PPRM may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to PPRM.

11. Typographical Errors

We attempt to display the products and other materials and information you view on the services, including pricing and product information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event that a product is mistakenly listed at an incorrect price, PPRM reserve the right, but undertake no duty, to review edit or otherwise change this Website / Mobile app and any information contained on this Website / Mobile app at our sole discretion and without notice.

12. Modification to Terms

PPRM reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the homepage. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

13. User Login, Password, Account Information

(13.1) You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these Member Conditions).

You hereby agree not to:
(13.1.1) Share with or permit others to use your Account or Password.

(13.1.2) Assign or otherwise transfer your Account to any other person or entity.

14. dMiles Points and Birthday Coupon Usage

(14.1) PPRM reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the dMiles point value structure in the event of fraud, abuse or by illegal means. PPRM reserves the right to adjudicate all dMiles points discrepancies in its sole discretion, and the Members agree to abide by any such adjudication.

(14.2) Membership birthday coupon should only be utilised by the member account holder itself on their birthday month. PPRM reserves the right to suspend the account if it is found to be an abuse of the system or in the event of a birthday coupon being fraudulently redeemed by someone else other than the original account holder.

(14.3) Upon the suspension or termination of the membership account for any of the above reasons, all dMiles points, ranking and existing coupons will be forfeited and members shall have no further claim against us.

(14.4) Effective from 1 July 2022 onwards, there will be a one-year expiry date for all dMiles points from the most recent or last earning date. Members can make any new transaction to be captured in their account of at least USD$1.00 in value or the equivalent of 1 dMiles point earned for an extension. Any expired dMiles points will be forfeited accordingly if the member does not meet the above criteria.

15. General

Your use of this site shall be governed in all respects by the laws of the court of Guam, the United States, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of DON DON DONKI products) shall be in the court located in Guam.

Any course of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and PPRM as a result of this agreement or use of this Website / Mobile app.

The failure of PPRM to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PPRM in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and PPRM and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

(15.1)If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms of Use which shall continue in full force and effect.

(15.2)If we do not act in relation to a breach of these Terms of Use by you, this does not waive our right to take action in respect of a similar breach of the Terms of Use by you in the future. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support.gu@dondondonki.com