1. Definition of Terms.
“Advertiser” shall mean a natural or juridical person who enters into an advertising contract with DPC, for it to advertise in any of DPC’s directories.
“Agent” shall mean a DPC Call Center Agent or DPC Yellow Guarantee Claims Agent who handles customer Claim.
“Claim” shall mean an application for replacement or refund under either the Limited or Extended Guarantee that has been assigned a Claim I.D. Number by a DPC Agent.
“Claimant” shall mean a Customer who files a Claim with DPC under the Yellow Guarantee.
“Customer” shall mean a person/s who purchase a product or service from a DPC Advertiser.
“Cost” shall mean the actual purchase price paid by the Customer for the product or service availed of from the Advertiser.
“Defective Product” shall mean that the product purchased from a DPC Advertiser is in whole or in part damaged, deformed, incomplete, unfinished, blemished, or broken. This does not include defects incurred due to mishandling of the Customer.
“Delay in Service” shall mean that there is delay in the start and/or finish of a service, as specified in their service agreement.
“DPC” shall mean Directories Philippines Corporation, a corporation duly organized and existing by virtue of the laws of the Republic of the Philippines with principal business address at Makati City.
“DPC Extended Guarantee” shall mean the guarantee that DPC makes in favor of advertisers who declare a unique selling proposition or product promise in their ads, which DPC assures Customer to be true, tested and proven accurate. This assurance stems from a process where the product promise of the Advertisers are evaluated and examined by DPC. After passing such evaluation and examination, the Advertiser shall be given a “YP Seal.”
“DPC Limited Guarantee” shall mean the basic guarantee applicable to all Advertisers, i.e. advertisers with Line Ads, Columnar Ads, Display Ads and Special Ad Items (whether in covers, inserts, etc.) in the DPC Yellow Pages printed directories. With this guarantee, DPC assures that the product/s or service/s provided by the advertiser is reliable, and of good quality. Therefore, the buyers are assured that whatever product they purchase from the Advertiser will be useable for its intended purpose, and whatever service they paid for will be performed as agreed.
“DPC Yellow Guarantee” is an assurance to the Customer that the products and services of the Advertisers in the DPC Yellow Pages are guaranteed to be reliable, and of good quality. Therefore, the buyers are assured that whatever they purchase from the Advertiser will be useable for its intended purpose or will be performed as agreed. The DPC Yellow Guarantee, in effect, endorses the product/s or service/s of all its Advertisers to the users of the DPC Yellow Pages print directories.
“Terms and Conditions” shall mean these Terms and Conditions as they appear on the DPC website.
2. Interpretation. All words used in these terms and conditions should be construed to be of such gender or number, as the circumstances require. Words referred to as “he” shall be deemed to include the male, female and neuter (e.g. his/hers/its) and vice-versa. The terms “include”, “including” and “such as” indicate examples of a foregoing general statement and not a limitation on that general statement. Any reference to a law or statute refers to the law or statute, any amendments thereto, succeeding or supplemental legislation and all regulations promulgated under or implementing such law or statute, as in effect at the relevant time. Any reference to the agreement or other document as of a given date means the agreement or other document as amended, supplemented and modified from time to time through such date. Should any of the dates fall on a holiday, the deadline shall be extended to the same time of the immediately succeeding business day. In computing a period, the first day shall be excluded and the last day included. Unless specified, all references to days shall refer to calendar days.
3. Covered Transactions. Any purchase made by a Customer of a product or service from an Advertiser of any of the DPC directories, that is consummated within the Philippines, and within the publication period of the directory in which the advertiser placed an ad.
4. Excluded Transactions. The following are excluded transactions:
- Medical Guarantees, such as Hospitals, and Medical Procedures, Prescribed and OTC Medicines, Diet Pills, Contraceptives and other similar products and services;
- Banks, Financial and Investment Guarantees, such as Automobile, Life, Pre-need, and Non-life Insurance; ROI Guarantees of Business, Interest Guarantees, Franchising, Pawn Shops and other similar guarantees;
- Security and Fire Protection Guarantees, such as protection against fire, protection against burglary, and other similar guarantees;
- Emotional and Intangible Guarantees, such as Stress-Free, Honest, Most Reliable, and other similar guarantees;
- Educational Guarantees, such as guaranty to learn a language, guaranty to pass an entrance examination and other similar guarantees;
- Guns and Ammunition Guarantees;
- Guarantees of Results of Professional Services such as Attorneys, Accountants, Architects, Doctors, Dentists, Midwives, Veterinarians, Manpower Agencies, Engineers, Private Investigators;
- Software / IT Program Guarantees, such as Virus-Free Software, Anti-Hacking Software, and other similar guarantees;
- Alcoholic Beverages and Tobacco Guarantees;
- Used and Second Hand Products;
- Jewelry and Jewelry Store Guarantees;
- Construction, Contractors and Builders’ Guarantees;
- Sale Items, and those bought at discounted prices and sales promotions; and
- Damages and Attorney’s Fees arising from (i) injuries resulting from the use of defective products or those resulting from delay in the provision of services, (ii) those resulting from delay in the provision of services, or (iii) not using the product or service for the purpose for which it was intended or in accordance with the specifications of the manufacturer or the service provided.
5. Claim Under Limited Guarantee. If the product purchased by a Customer from an Advertiser is found defective, the Customer should make a Claim with DPC on the day of purchase. Immediately thereafter, DPC will refer the matter to the Advertiser. If product is found defective, DPC will facilitate either the refund of the purchase price or replace the purchased product in accordance with existing product warranty, at the option of DPC. If the service provided by an Advertiser is delayed, the Customer may present his Claim to DPC on the day the Advertiser incurs delay in the performance of its service. Immediately after DPC validates the Claim, DPC will facilitate the refund of the cost of the delayed service. Cost of service to be determined by DPC.
6. Claim Under Extended Guarantee. If the product purchased by a Customer from an Advertiser is found defective, the Customer may make a Claim with DPC within seven (7) days from purchase. Immediately after DPC validates the Claim, DPC will settle the Claim on the Advertiser’s behalf, either by refunding the purchase price or replacing the purchased product in accordance with the existing product warranty, at the option of DPC. If the service provided by an Advertiser is delayed, the Customer may present his Claim to DPC within five (5) days from the day the Advertiser incurs delay in the performance of its service. Immediately after DPC validates the Claim, DPC will settle the Claim on Advertiser’s behalf by refunding the cost of the delayed service. Cost of service to be determined by DPC.
7. Process for Filing of Claim. A Customer may file a Claim by: (1) calling the DPC Customer Care Hotline: (02)843-4343 local 8080 (for Metro Manila) or 1-800-8434343 local 8080 (for outside Metro Manila); (2) online filing through DPC website, specifically through this link http://www.dpc.ph/dpc_contact.aspx; (3) printing and filling up the Claim Application Form and sending it via facsimile to (02)889-8928, or; (4) emailing DPC Customer Support at dpc@dpc.ph. The Customer will be given a Claim I.D. Number. The application will be evaluated by DPC and if found sufficient in form, DPC shall facilitate with the advertiser the replacement of the defective product or facilitate with the advertiser the refund of the cost of the defective product or delayed service for the Claimant. If the Claim is denied by the Advertiser, but is found meritorious by DPC, DPC shall replace the defective product or refund the cost thereof, in accordance with the existing product/service warranty, and step into the shoes of the Claimant in making a claim against the Advertiser. If the Advertiser still refuses to honor the Claim, DPC shall bring the matter to the Department of Trade and Industry (“DTI”), or the appropriate court or quasi-judicial agency. If, on the other hand, the Claim is found unmeritorious by DPC, the Claim will be denied. The Claimant will be informed of the denial of his Claim, and the reasons for the denial thereof. DPC reserves the right to avail of the defenses available to the advertiser on the determination of the validity of the Customer’s claim.
8. Proof of Purchase. A Claimant shall submit to DPC proof of its purchase of either a product or service from an Advertiser such as the official receipt and product/service warranty. The product itself must also be submitted to the Advertiser for inspection.
9. Warranty of Claimant. The Claimant warrants that all information provided to DPC is true, reliable and updated. In case the Claimant provided information that is false, inaccurate, unreliable, not updated or incomplete, or DPC has reasonable grounds to believe that such information is false, inaccurate, unreliable, not updated or incomplete, DPC may immediately deny the Claim and/or pursue against Claimant other remedies allowed by law.
10. Duration of Guarantee. The DPC Yellow Guarantee is effective only during the publication period of the directory in which the advertiser places an ad. For example, an advertiser places an ad in the 2011-2012 Metro Manila Directory, which is published from June 2011 to May 2012. The DPC Yellow Guarantee is effective for that advertiser for customer purchases made from June 1, 2011 until May 31, 2012. [For a complete list of the publication periods of all DPC Directories click here]
11. Force Majeure. DPC shall not be liable for delays or failure in the delivery of a product or in the performance of a service by an Advertiser due to causes beyond the Advertiser’s control, including but not limited to, delays occasioned by acts of nature, power outages, floods, explosions, earthquakes or other disasters. Neither shall DPC be liable for any delay nor failure in the delivery of a product or service should it be caused by third parties, without any gross negligence or willful misconduct on the part of the Advertiser.
12. Venue. Any and all legal actions arising from any covered transaction must be brought exclusively before the court of proper jurisdiction in the City of Makati or any place where DPC has a business address.
13. Assignability. These terms and conditions shall be binding upon and enforceable upon all Advertisers, Claimants and DPC, and their respective successors and assigns, except that neither the Claimant nor the Advertiser shall have the right to transfer its rights or obligations hereunder without the prior written consent of DPC.
14. Entire Agreement. These Terms and Conditions and the documents referred to herein, and such other documents as may be executed by the parties contemporaneously herewith or pursuant hereto, constitute the entire agreement of the parties with respect to the subject matter hereof and shall supersede any prior expressions of intent or understanding with respect to a covered transaction.
15. Amendments. DPC may amend or revise these Terms and Conditions as it deems necessary. The amended or revised Terms and Conditions shall be effective immediately upon posting by DPC in its website.
16. Severability. Should any of these terms and conditions be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby
Any person who makes a Claim under the Yellow Guarantee is deemed to have read, understood and agreed to the above Terms and Conditions.
Yellow Guarantee