Terms and Conditions for a Website - Template Form Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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WEBSITE TERMS AND CONDITIONS
By accessing and using the website located at ________ (the "Website"), owned and operated by ________, a corporation duly organized and existing under the laws of the Republic of the Philippines, with principal office at ________ and Securities and Exchange Commission (SEC) Registration No. ________ (the "Company"), You agree to be bound by the terms and conditions set forth below. These terms and conditions constitute a valid and binding contract under Articles 1305, 1306, and 1318 of the Civil Code of the Philippines (Republic Act No. 386). If You do not agree to be bound by this Agreement, do not understand the Agreement, or if You need more time to review and consider this Agreement, please leave the Website immediately. The Company only agrees to provide use of the Website and the services made available thereon (the "Services") to You if You assent to this Agreement.
§ 1. DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a. Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it available to users. ________, Company, We, Us, Our, Ours and other first person pronouns will refer to the Company, as well as all directors, officers, employees, and affiliates of the Company.
b. You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as the Parties.
§ 2. AGE RESTRICTION AND CAPACITY TO CONTRACT
In accordance with Articles 1327 and 1390 of the Civil Code of the Philippines, You must be at least eighteen (18) years of age and otherwise possess full legal capacity to contract in order to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least eighteen (18) years of age and may legally enter into this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age or legal capacity.
§ 3. INTELLECTUAL PROPERTY
The Website, including all content featured on the Website such as all text, graphics, images, logos, trademarks, and links (the "Content"), and the Services provided by the Company are the property of the Company and are protected under the Intellectual Property Code of the Philippines (Republic Act No. 8293), as amended. You agree that the Company owns all right, title, and interest in and to the Content and that You will not use the Content for any unlawful or infringing purpose.
Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Content solely in connection with Your use of the Website and Services. The Content may not be used for any other purpose, and this license terminates upon Your cessation of the use of the Website or Services or upon the termination of this Agreement.
You agree not to reproduce or distribute the Content in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
§ 4. USER ACCOUNTS AND OBLIGATIONS
Some content on the Website may only be accessed by the User by registering with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also be required to provide personal information, including but not limited to Your name. You are responsible for ensuring the accuracy of this information.
You agree to change Your password from time to time. You also agree to keep Your user identifier and password confidential and that You will not share such identifying information with any third party. If You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice.
You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us informed of any changes thereto. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity, is grounds for immediate termination of this Agreement.
You agree that You are solely responsible for all acts or omissions that occur under Your identifying information or password, including the content of any transmissions using the Website or Services.
§ 5. DATA PRIVACY
The Company is a personal information controller within the meaning of the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and the issuances of the National Privacy Commission. The Company collects, uses, stores, and processes Your personal data solely for legitimate purposes connected with Your use of the Website and Services, and in accordance with its Privacy Policy available at ________.
By using the Website and Services, You consent to the collection and processing of Your personal data in the manner described in the Company's Privacy Policy. You acknowledge that You enjoy the rights of a data subject under the Data Privacy Act of 2012, including the rights to be informed, to access, to object, to rectification, to erasure or blocking, and to data portability. Any inquiries or requests relating to Your personal data may be directed to the Company's Data Protection Officer at ________.
§ 6. ACCEPTABLE USE
As a condition of Your use of the Website or Services, You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or the general business of the Company.
You further agree not to use the Website or Services to:
a. Harass, abuse, or threaten others or otherwise violate any person's legal rights;
b. Violate any intellectual property rights of the Company or any third party;
c. Perpetrate any fraud;
d. Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
e. Attempt to gain unauthorized access to the Website or Services, other accounts, computer systems, or networks connected with the Website or Services, in violation of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175);
f. Transmit or upload any content or material that contains viruses, trojan horses, ransomware, or other harmful or deleterious programs or software;
g. Publish or distribute any obscene or defamatory material;
h. Publish or distribute any material that incites violence, hate, or discrimination towards any group;
i. Unlawfully gather information about others, including email addresses;
j. Interfere with another user's use and enjoyment of the Website or Services or any similar website or service.
§ 7. SUBMISSION POLICY
User Submissions are text, photos, images, graphics, videos, or any other content that the User has added, uploaded, or posted to the Website or Services.
User Submissions are deemed non-confidential, and the Company has no obligation to maintain their confidentiality.
If You believe that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
§ 8. AFFILIATE MARKETING AND ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation, in compliance with applicable laws including the Consumer Act of the Philippines (Republic Act No. 7394).
§ 9. THIRD PARTY LINKS
You acknowledge that We may, from time to time, include links or references to other websites, other content, or other materials ("Third Party Links"), none of which are controlled by Us.
Third Party Links are provided for Your information only, and 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.
§ 10. SALE OF GOODS AND SERVICES
We may sell goods or services ("Goods" or "Services"), or allow third parties to sell goods or services on the Website. If this occurs, certain specific exclusions of liability will apply, as described in the "Exclusion of Liability" Clause, subject to the mandatory consumer protections under the Consumer Act of the Philippines (Republic Act No. 7394) and the Electronic Commerce Act of 2000 (Republic Act No. 8792).
Please refer to Our additional terms and conditions for sale of goods and/or terms and conditions for sale of services, as applicable.
From time to time, the Company may post promotional offers for Goods on the Website. The frequency of such offers, as well as their terms and conditions, are determined by the Company.
The User is aware that the number of promotional offers for Goods is limited.
The Company does not guarantee or promise to Users that:
a. the purchase of any promotional Goods on the Website is in any way beneficial for the User and/or third parties; and
b. the cost of promotional Goods is necessarily lower than their usual cost on the Website or on other third-party websites.
§ 11. EXCLUSION OF LIABILITY
a. The Website and Services, and their Content, are provided for general information only and may change at any time without prior notice.
b. You accept and acknowledge that the Website, Services, or Goods may contain mistakes, errors, and inaccuracies.
c. Your use of the Website, Content, and any information or documentation that We may provide to You in connection with Your use of the Goods or Services, including documentation, data, and information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or the Website (collectively, the "Materials"), is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Website or Services suits Your particular purpose.
d. Neither We nor any third parties provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Website, Goods, or Services.
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 this Agreement and those that may not be excluded under the Consumer Act of the Philippines (Republic Act No. 7394) and other mandatory provisions of Philippine law.
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 Website, Goods, or Services.
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 Website, Goods, or Services.
i. Nothing in this Agreement shall operate to exclude or limit the Company's liability for fraud, gross negligence, or willful misconduct, or any liability that cannot be excluded or limited under Philippine law.
j. For Goods and/or Services sold by third parties via the Website or via Third Party Links ("Third Party Goods and Services"):
1. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.
2. You acknowledge and agree that any Third Party Goods and Services will be governed by agreements entered into directly and only between You and the third party, for which We shall have no liability.
3. 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 Goods and Services.
4. To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services, including any and all warranty and product liability claims.
§ 12. PAYMENT, SHIPPING, AND DELIVERY
The Company accepts the following methods of payment through the Website:
________
If payment is to be made by card, You must be fully entitled to use the card or account.
Shipment costs and dates are subject to change and may differ from the costs and dates that You are quoted due to unforeseen circumstances.
The Company ships to the following:
________
The shipping of the Goods will be through the following:
________
The period for delivery of Goods is as follows:
________
You acknowledge and accept that there are inherent risks in downloading any digital Goods. Please contact Us using the details at the end of this Agreement if You experience technical problems regarding delivery of digital Goods.
We take no responsibility for Goods that are lost or damaged during delivery beyond what is required under Philippine law. If Goods are damaged during delivery, please contact Us using the details at the end of this Agreement. Subject to applicable consumer protection laws, We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.
§ 13. RETURNS AND REFUNDS
Without prejudice to Your statutory rights under the Consumer Act of the Philippines (Republic Act No. 7394) and the rules of the Department of Trade and Industry, the following is Our returns and refunds policy:
________
§ 14. ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and that no fiduciary relationship has been created between You and the Company.
You further agree that Your purchase of any products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website, except as may be required under mandatory provisions of Philippine law.
We shall not be liable for any damage to any computer, equipment, software, data, or other information caused by Your access to or use of the Website or Services. We shall likewise not be liable for any act of third parties.
§ 15. INDEMNITY
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and to hold Us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions.
You agree that the Company shall be entitled to select its own legal counsel and may participate in its own defense, if the Company wishes.
§ 16. OTHER ACTION
We reserve the right to take any of the following actions in Our sole discretion:
a. Monitor, review, edit, or delete any User Submissions;
b. Determine whether or not You have breached this Agreement;
c. Record any correspondence that occurs in public sections of the Website or Services;
d. Review any allegations about breaches of this Agreement 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; and
e. Determine in Our sole discretion whether to terminate Your or another user's access to any particular section or sections of the Website or Services.
§ 17. SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails, in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173) and the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).
§ 18. TERMINATION
This Agreement remains in full force and effect while You use the Website or Services. You may terminate Your use of the Website or Services at any time by discontinuing Your access to and use of the Website and Services and, if applicable, by deleting Your account.
The Company may terminate or suspend Your access to the Website or Services at any time, with or without cause, and with or without notice, including but not limited to instances where the Company believes that You have breached or acted inconsistently with the letter or spirit of this Agreement.
Upon termination of this Agreement, all provisions which by their nature should survive termination shall survive, including, without limitation, the provisions relating to intellectual property, exclusion of liability, indemnity, assumption of risk, data privacy, and applicable law.
§ 19. NOTICE
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered or certified mail, or transmitted by email to the contact details provided by the Parties. Electronic notices shall be valid and enforceable in accordance with the Electronic Commerce Act of 2000 (Republic Act No. 8792). Notices to the Company shall be sent using the contact details set out in the "Contact Us" Clause of this Agreement.
§ 20. VARIATION OF TERMS
The Company may, from time to time and at any time without prior notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that the modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree to routinely monitor this Agreement and refer to the Effective Date at the bottom part of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing an older version of this Agreement.
Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
§ 21. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
§ 22. APPLICABLE LAW AND VENUE
This Agreement and Your use of the Website, and all non-contractual relationships arising out of Your use, shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
In case of any dispute or litigation, the Parties agree to submit to the exclusive jurisdiction of the proper courts of ________, Philippines, to the exclusion of all other venues, without prejudice to the consumer's right to file complaints before the appropriate government agencies.
§ 23. ASSIGNMENT
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
§ 24. SEVERABILITY
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such event, the remainder of this Agreement shall continue in full force and effect.
§ 25. NO WAIVER
Our failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that provision or of any other provision.
No waiver shall be deemed to have been made unless expressed in writing and signed by Us. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part or of the same part or sub-part on a future date.
§ 26. HEADINGS
Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
§ 27. CONTACT US
You may contact Us about this Agreement using the following details:
________
§ 28. EFFECTIVE DATE
This Agreement will become effective on ________.
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