TERMS AND AGREEMENTS
"DecideMe SRP" and "DecideMe Business"
These terms and conditions (hereinafter "Terms") govern Your use of Our mobile applications, "DecideMe SRP" or "DecideMe Business" which is hereinafter referred to as the "Applications/Apps/Mobile Applications" and are available in: Google Play Store/Apple App Store.
The Apps are owned and operated by: DecideMe Technology Inc. (Company Number CS201815296)
These Terms constitute a binding contract between You and: DecideMe Technology Inc. (Company Number CS201815296)
In connection with Your use of the Apps, we may also provide You with access to various other content, documentation, marketing, information and sales. In these Terms, we refer to all of these items collectively as the "Materials".
These Terms will govern Your use of all pages of the Apps, as well as Your use of the Materials. If You continue to use the Apps, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.
If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Apps immediately.
"Intellectual Property/IP" includes, but is not limited to, the content, layout, design, colours, appearance, graphics and imagery of the Product, Content and Material as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Apps, Content and Material.
"Content" means any content, writing, images, audiovisual content or other information published on the Apps.
"Contract" means these terms and conditions.
"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.
"Effective Date" means the date that these Terms come into force.
"Identifying Information" means information provided by You when registering to use the Apps, including but not limited to Your name and email address, a user name and a password.
"Documentation" means any materials, information or documentation that We may provide to You in connection with Your use of the Apps or Materials including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Apps or Materials.
"Parties" means both You (the User of the Apps) and Us (the Owner of the Apps) collectively.
"Applications/Apps" mean the mobile applications called "DecideMe SRP" and "DecideMe Business" including all pages, all sub-pages, all blogs, all forums, and all other connected internet content whatsoever which is available at: Google Play Store & Apple App Store.
"Services" means any or all personnel services provided by or on the Apps.
"Reservations" means any or all location-based reservations provided by or on the Apps.
"Products" means any or all physical or digital products provided by or on the Apps.
"Terms" means these terms and conditions.
"Third Party Links" means links or references to websites or applications other than the Apps, other than the Content or other than the Documentation, none of which are controlled by Us.
"Service Provider" are third party service professionals under Our Partner Businesses that undergone non-contact screening that certifies their real background, technical skills, moral character and mental capacity to become Our vetted Service Providers.
"Us", "We", "Our", "the Company" or "the Owner" refers to DecideMe Technology Inc.
"Us", "We", "Our", "the Company" or "the Owner" also includes any employees, affiliates, agents or other representatives of DecideMe Technology Inc.
"You" or "Your" refers to the user of the Apps.
"Your Content" means any Content posted to or added to the Apps, Contents or Documentation by You or by somebody authorized by You or doing so on Your behalf.
a. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons includes companies, firms, corporations, organizations and vice versa.
IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. YOUR AGREEMENT AND REPRESENTATIONS
a. By continuing to use the Apps, Services, Reservations and Products; You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Apps immediately. We only agree to provide use of the Apps to You if You agree to these Terms.
b. By continuing to use the Apps, Services, Reservations and Products; You represent and warrant to Us that You have legal
capacity to enter these Terms.
c. By continuing to use the Apps, Services, Reservations and Products; You represent and warrant to Us that You have complied with all of these Terms.
4. AGE RESTRICTION
a. In order to use the Apps, Services, Reservations and Products; you must be aged at least 18 years.
b. By using the Apps, You represent and warrant that You are aged at least 18 years.
c. We accept no responsibility or liability for any misrepresentation of Your age.
5. LICENCE TO USE APPS, CONTENT AND DOCUMENTATION
a. We may provide You with certain other Services, Reservations and Products; in connection with Your use of the Apps.
b. Subject to these Terms, We grant You a license to use the Apps, Content and Documentation solely in connection with Your use of the Apps. The license created under these Terms is nonexclusive, limited, non-transferable, worldwide and revocable.
c. You may not use the Apps, Content or Documentation for any purpose other than in accordance with the license that is provided under this clause, and this license to use the Apps, Content and Documentation terminates upon Your cessation of use of the Services, Reservations and Products; or upon termination of this Contract.
6. SALE OF SERVICES, RESERVATIONS & PRODUCTS
a. We may allow third party partner businesses to sell Services, Reservations and Products; inside the Apps. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.
b. Please refer to Our Prohibited Activities regarding the sale of Services, Reservations and Products; and/or terms and conditions for sale of Services, Reservations and Products; as applicable.
7. EXCLUSION OF LIABILITY
a. The Apps, Content and Documentation are provided for general information only and may change at any time without prior notice.
b. You accept and acknowledge that the Services, Reservations and Products; may contain mistakes, errors and inaccuracies.
c. Your use of the Apps, Content and Documentation is entirely at Your risk. It is Your responsibility to make sure that any Services, Reservations, Products, Documentation, Content or other information available through the Apps suits Your particular purpose.
d. Neither We, nor any third party partner businesses, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Services, Reservations and Products;.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Services, Reservations and Products.
g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Services, Reservations and Products;.
i. For Services, Reservations and Products sold by third parties via the Apps or via Third Party Links (hereinafter "Third Party Services, Reservations and Products"):
I. You acknowledge and agree that We have no control over those Third Party Services, Reservations and Products; and that You purchase such Third Party Services, Reservations and Products; at Your own risk.
II. You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third Party Services, Reservations and Products;.
III. For any claim You may have against the Third Party partner businesses of the Third Party Services, Reservations and Products; (such as the service professional) You agree to pursue that claim directly with that third party partner businesses of the Third Party Services, Reservations and Products; and not with Us.
IV. To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Services, Reservations and Products; including any and all warranty and liability claims.
You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
a. We may immediately terminate these Terms at any time, with or without cause.
b. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
c. These Terms terminate automatically if we cease to operate the Apps for any reason.
d. If You have registered for an account with Us, You may terminate these Terms at any time by
contacting Us and requesting termination.
e. At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.
10. OTHER ACTION
a. We reserve the right to take any of the following actions in Our sole discretion:
I. Monitor, review, edit or delete any Content which You have added, uploaded or posted to the Apps or through the other Services, Reservations and Products; whether or not You have breached these Terms.
II. Record any correspondence that occurs in public sections of the Apps.
III. Review any allegations about breaches of these Terms, and determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches.
IV. Determine in Our sole discretion whether to terminate Your or another Apps user's access to any particular section or sections of the Apps or other Items.
11 . PROHIBITED ACTIVITIES
a. You agree not to use the Product or the Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Apps in any way that could damage the Apps, Company, or Our general business. You may not access or use the Services, Reservations and Products for any purpose other than that for which we make the Services, Reservations and Products available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
b. You further agree not to use the Apps, Services, Reservations and Products:
1. To harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;
2. To violate any intellectual property rights of Us or of any third party;
3. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services, Reservations and Products; or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Apps.
4. To commit any kind of fraud;
5. To engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
6. To publish or distribute any obscene or defamatory material;
7. To publish or distribute any material that promotes violence, hatred or discrimination towards any person, group, race or community.
8. Systematically retrieve data or other content from the Apps to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
a. Unauthorized use by You of the Apps may be a criminal offence and may give rise to a claim for damages.
9. Use a buying agent or purchasing agent to make purchases on the Product.
10. Circumvent, disable, or otherwise interfere with security-related features of the Apps, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services, Reservations and Products; and/or the Content contained therein.
11. Engage in unauthorized framing of or linking to the Apps.
12. Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.
13. Make improper use of our customer support or submit false reports of abuse or misconduct.
14. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
15. Interfere with, disrupt, or create an undue burden on the Apps or the networks or Services, Reservations and Products connected to the Apps.
16. Attempt to impersonate another user or person or use the username of another user.
17. Sell or otherwise transfer your profile.
18. Use the Apps as part of any effort to compete with Us or otherwise use the Services, Reservations and Products; and/or the Content for any revenue-generating endeavor or commercial enterprise.
19. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Apps.
20. Attempt to bypass any measures of the Services, Reservations and Products; designed to prevent or restrict access to the Documentation, or any portion of the Apps.
21. Delete the copyright or other proprietary rights notice from any Content.
22. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Apps to you.
24. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms“ or “pc ms“).
25. Except as may be the result of standard search engine or lnternet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Items, or using or launching any unauthorized script or other software.
26. Disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Apps.
27. Use the Apps in a manner inconsistent with any applicable laws or regulations.
28. To take any action that may undermine the feedback or ratings systems.
29. To recruit, solicit, or contact via any medium, any Services, Reservations and Products partner businesses or Client for employment or contracting for a business not affiliated with Us without prior, written authorization from the Company.
30. To advertise for ponzi schemes, discount cards, credit counseling, online surveys or online contests.
32. To ask for making national or international money transfers for amounts exceeding the price of a Services, Reservations and Products with intent to request a refund of any portion of the payment.
33. To post content in any inappropriate category or areas on the Apps.
34. To fail in delivering the Services, Reservations and Products; purchased from the Apps, unless the Client fails to materially meet the terms of the mutually agreed upon.
35. To fail in delivering payment for Services, Reservations and Products purchased by the Client, unless the Services, Reservations and Products partner businesses has intentionally changed the nature of the Services, Reservations and Products after Client negotiate an agreement for such Services, Reservations and Products; a clear typographical error is made, or Client cannot authenticate the Services, Reservations and Products partner businesses' identity.
36. To manipulate any fee structure or billing process that We may have or implement.
37. To leave any untrue or inappropriate feedback about a Services, Reservations and Products partner businesses and the partner businesses shall at all times use careful and good judgment in leaving any feedback.
38. To register or apply on the Apps in a category of Services, Reservations and Products which they do not offer or that is irrelevant to or inappropriate for the Services, Reservations and Products they are offering.
39. To manipulate the Location(s) at which the You will provide/require a Services, Reservations and Products.
40. To use misleading titles, words or phrases that do not accurately describe the Services, Reservations and Products You provide/require.
41. To demand for rollbacks, refunds or termination of Services, Reservations and Products based on Telecommunications/Internet Service Providers/Mobile Networks services like SMS, 2G, 3G, 4G and etc.
12. VARIATION OF TERMS
a. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Apps following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
b. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
c. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
13. THIRD PARTY LINKS
a. You hereby acknowledge that We may from time to time include links or references to other websites, other content or other content/documentation (hereinafter "Third Party Links"), none of which are controlled by Us.
b. You hereby acknowledge that these Third Party Links are provided for Your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at Your own risk.
14. CHANGES TO APPS
a. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Documentation or the Apps at any time.
b. You acknowledge, agree and accept that the Apps may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
c. You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Services, Reservations and Products being temporarily unavailable, whether due to reasons within our control or not.
15. INTELLECTUAL PROPERTY
a. The Apps contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Apps, Content, Documentation, Services, Reservations and Products as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Apps (hereinafter "Company IP").
b. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Product and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
c. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
d. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, Services, Reservations and Products marks or Uniform Resource Locators (URLs) without express written permission from Us.
e. You hereby acknowledge and agree that by adding, posting or uploading any Content on the Apps (hereinafter "Your Content"), you grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and transferrable right and license to use Your Content in any way We choose. This license
includes a right and license to:
I. reproduce, copy, alter or make derivate works from Your Content in any way We choose; and
II. display, communicate to the public, broadcast or transmit Your Content in any way We choose; and
III. authorize any other person, company or organization to use Your Content in any way We choose.
f. You represent and warrant to Us that You have all necessary rights to grant the licenses and to provide
the consents set out in this clause in relation to "Intellectual property".
g. All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of
16. USER REGISTRATION
a. You may be asked to register with Us in order to use or access the Apps.
b. If You register with Us, You may be asked to provide personal details such as Your name, mobile phone number and email address, as well as choosing a username and a password ("Identifying Information"). This Identifying Information will allow You to access the Apps.
c. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
d. You agree that You will not share your Identifying Information with any third party Services, Reservations and Products partner businesses; and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately at email@example.com.
e. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
f. You acknowledge that providing false or misleading information, or using the Apps to further fraud or unlawful activity is grounds for immediate termination of these Terms.
a. Through Your use of the Apps, Services, Reservations and Products; You may provide Us with some of Your personal
information. By using the Apps, Services, Reservations and Products; You authorize Us to use Your information in Philippines and any other country where We operate.
b. We take Our privacy obligations very seriously.
18. SOCIAL MEDIA
As part of the functionality of the Apps, you may link your account with online accounts you have with third-party applications (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Apps; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content") so that it is available on and through the Product via your account, including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Product. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Apps. You will have the ability to disable the connection between your account on the Product and your Third-Party Accounts at any time- PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICES, RESERVATIONS & PRODUCTS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PARTNER BUSINESSES. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Apps. You can deactivate the connection between the Items and your Third-Party Account by contacting Us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username, e-mail address, mobile phone number and profile picture that become associated with your account.
19. USER DATA
We will maintain certain data that you transmit to the Apps for the purpose of managing the performance of the Apps, as well as data relating to your use of the Services, Reservations & Products. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Apps. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. ELECTRONlC COMMUNlCATlONS, TRANSACTIONS, AND SlGNATURES
Visiting the Apps, sending us emails, and completing online forms constitute electronic communications. Your consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Apps, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONlC SlGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONlC DELlVERY OF NOTlCES, POLlClES, AND RECORDS OF TRANSACTlONS lNlTIATED OR COMPLETED BY US OR VIA THE PRODUCT. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. REVERSE ENGINEERING AND SECURITY
You agree NOT to:
a. reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Apps; and
b. violate the security of the Apps through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
22. GENERAL PROVISIONS
a. Consumer Act of the Philippines: You may have certain rights, warranties, guarantees and remedies under the Consumer Act of the Philippines (Republic Act No. 7394), which is contained in the Philippine Consumer Act (April 13, 1992), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Philippine Consumer Act.
b. Applicable law: Your use of the Apps, Services, Reservations & Products are subject to the laws of Republic of the Philippines and each party submits to the jurisdiction of the courts of Philippines.
c. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
I. such notice is properly given if given to the other party:
A. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Apps, Services, Reservations & Products.
B. by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the use of the Apps, Services, Reservations & Products.
C. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Apps, Services, Reservations & Products.
II. such notice is taken to be received:
A. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
B. if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.
C. if sent by prepaid post within Philippines, five (5) days after the date of posting.
D. if sent by prepaid post to or from an address outside Philippines, twenty one (21) days after the date of posting.
d. No assignment: You must not assign, sub-license or otherwise deal in any way with your rights under these Terms without Our prior written consent.
e. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
f. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
g. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
h. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
i. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
23. GOVERNING LAW
within the Republic of the Philippines, without regard to its conflict of law principles.
24. DISPUTE RESOLUTION
Philippines Arbitration Law (R.A. 876). The arbitration shall be conducted in Pasig City, Philippines. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
25. PAYMENT METHOD
a. You may choose to pay for the Services, Reservations & Products provided by the Third Party Partner Business via Cash or Card.
b. When paying for Services, Reservations & Products using Card, you will need to register a valid Card which belongs to You in accordance to Our Terms and Agreements.
c. If the Card belongs to another person, such as your family members, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of Services.
d. You agree that we may verify first your Card details when you first register the Card with Us as well as when you use the Services. We may also check Your Card for possible fraudulent usage. We may also issue an authorization hold (not an actual charge) when verifying Your Card. Additional charges will be
Your liability if the Card is processed overseas.
e. We have the right to suspend any transaction wherein we reasonably discover that the transaction may breach Our Terms and Agreements.
26. REFUND POLICY
a. Before being able to provide/request a Services, Reservations & Products, You need to have an outstanding balance first based on the Services, Reservations & Products You will provide/request. This will serve as Your Protection from Services, Reservations & Products Partner Businesses that will be not coming, not working or not continuing.
b. Outstanding balance added to Your account will serve as Your Protection Balance which is non-refundable and non-transferable unless determined by us. Complaints regarding Services, Reservations & Products delivered by Third Party Partner Businesses needs to be address with Our Customer Service (firstname.lastname@example.org) immediately to activate your Protection which will be deducted from the outstanding balance of the other party involve in that transaction then it will be added to Your account in return.
c. For any disputes with Your Card provider, You need to contact first Our Customer Service immediately or send an email to email@example.com. Not contacting Our Customer Service first before going to your Card provider to ask for a refund/chargeback due to a dispute violates our Terms and Conditions. Any refund coming from Your Card provider will automatically be deducted to Your outstanding Protection Balance and if there is any amount not yet covered by the Protection Balance, Your account will be block from receiving/requesting Services, Reservations & Products. Also, if the outstanding balance of your account is below the Protection Balance required by Your receiving/requesting Services, Reservations & Products; you will not be able to
receive/request that Services, Reservations & Products.
27. FOR SERVICES
Service Providers are third party partner businesses' personnel which are not part of Our Company. They include but not limited to: Salons, Spa, Automotive Shops, Service Centers, Logistics Provider, etc.
28. FOR RESERVATIONS
Reservation Providers are third party partner businesses' location based establishments which are not part of Our Company.
29. FOR SERVICES
Product Providers are third party partner businesses' products sellers which are not part of Our Company.
30. CONTACT US
If you have questions or comments about these terms, you may email us at firstname.lastname@example.org or by post to:
Address: 16B Almond St. Corner Mimosa Greenwoods Executive Village, San Andres Cainta, 1900 Philippines
email@example.com for B2C
firstname.lastname@example.org for B2B
email@example.com for Support
firstname.lastname@example.org for Partnerships