{"id":8541,"date":"2022-08-05T22:01:29","date_gmt":"2022-08-05T22:01:29","guid":{"rendered":"http:\/\/classiads.designinvento.net\/elementor\/classiads-shawk\/?page_id=8541"},"modified":"2023-11-13T08:44:04","modified_gmt":"2023-11-13T00:44:04","slug":"terms-of-services","status":"publish","type":"page","link":"https:\/\/ourmarketplace.ph\/ads\/terms-of-services\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t
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Terms of Services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Welcome to OurMarketplace.Ph<\/span><\/b><\/p>

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Please read this important legal information that governs your use of the OurMarketplace.Ph as a digital platform.<\/span><\/b><\/p>

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By using the www.OurMarketplace.Ph<\/b>, a digital platform (the \u201cPlatform<\/b>\u201d), you confirm that you have read, understood, and accept these terms of use (\u201cTerms<\/b>\u201d) as the terms which govern your access to and use of the Platform and the Service and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Platform. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion.<\/span><\/p>

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These Terms are made between OurMarketplace (\u201cwe<\/b>\u201d \u201cus<\/b>\u201d \u201cour<\/b>\u201d, the \u201cCompany<\/b>\u201d, as applicable) and you (\u201cyou<\/b>\u201d or the \u201cUser<\/b>\u201d). The Company is part of the Owners, Board and Management Team which operates various websites and the Platform. <\/span><\/p>

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If you are a company advertising on our Platform, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.<\/span><\/p>

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1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>DEFINITIONS<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The following capitalized terms shall have the following meaning, except where the context otherwise requires:<\/span><\/span><\/p>

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\u201cAdvertising Agreement<\/b>\u201d \u2013 an agreement for the provision of advertising services or products entered into between the Company and the Client.<\/span><\/p>

\u201cAd Services Package<\/b>\u201d \u2013 the bundle of advertising product or service which the Company agrees to provide to the Customer, as set out in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package pursuant to these Terms and the terms of the Advertising Agreement.<\/span><\/p>

\u201cAffiliates<\/b>\u201d \u2013 any company that is controlled or owned by OurMarketplace, any company commonly controlled or owned by OurMarketplace and any Owners, Board and Management Team entity jointly offering the Service.<\/span><\/p>

\u201cClient<\/b>\u201d \u2013 the client entity that is party to the Advertising Agreement.<\/span><\/p>

\u201cCustomer<\/b>\u201d \u2013 any customer of the Client.<\/span><\/p>

\u201cOurMarketplace<\/b>\u201d – OurMarketplace is the owned by Proinvest International Corporation.<\/span><\/p>

\u201cEffective Date<\/b>\u201d \u2013 the date set out at the top of these Terms.<\/span><\/p>

\u201cIntellectual Property Rights<\/b>\u201d \u2013 all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.<\/span><\/p>

\u201cMaterial<\/b>\u201d \u2013 material and content published on the Platform or otherwise provided by the Company in connection with the Service.<\/span><\/p>

\u201cPosting Agents<\/b>\u201d \u2013 a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.<\/span><\/p>

\u201cPrivacy Policy<\/b>\u201d \u2013 the privacy policy of the Company from time to time.<\/span><\/p>

\u201cProduct<\/b>\u201d \u2013 an online classifieds advertising platform provided on the Platform and the Ad Services Package.<\/span><\/p>

\u201cRegistration Details<\/b>\u201d \u2013 the details a User must provide upon registering for the Platform from time to time (for example: name, phone numbers, email address, age and\/or address).<\/span><\/p>

\u201cService<\/b>\u201d \u2013 the provision of the Platform and the Product.<\/span><\/p>

\u201cUnacceptable<\/b>\u201d \u2013 any material or information uploaded to or made available on the Platform which under the law of any jurisdiction from which the Platform may be accessed may be considered:<\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libelous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another\u2019s privacy or other rights, to relate to or encourage money laundering or illegal gambling;<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0harmful to the Company\u2019s reputation.<\/span><\/span><\/p>

\u201cUser Material<\/b>\u201d \u2013 material and content posted on the Platform by a User or otherwise provided to the Owners, Board and Management Team by a User in connection with the Platform or the Service.<\/span><\/p>

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2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>\u00a0GENERAL\u00a0TERMS AND CONDITIONS WHICH APPLY TO USERS<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0In registering for this Platform, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Platform for further services in the future.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The User hereby agrees and acknowledges that the Platform may contain adverts placed by advertisers or companies in the course of business for goods or services (and which the Company takes no responsibility for). Advertisers or companies using the Platform or the Service to place adverts offering goods or services of a business, commercial or trade nature must include their full names in the advert and make it clear that they are selling goods or services in the course of business either by the content, format, size or place of the advertisement or by including words such as \u201ctrade\u201d, \u201cdealer\u201d, \u201cagent\u201d, \u201cwholesale\u201d or similar in the name of the advert they submit for publication.<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into contracts.<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company reserves the discretion to withdraw any Material or User Material from the Platform without prior notice and to refuse any User Material posted or provided to the Company by a User.<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The User\u2019s Registration Details and data relating to its use of the Platform will be recorded by the Company, but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 2.6 below) nor used for any purpose unrelated to the Platform. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.<\/span><\/span><\/p>

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The User hereby authorises the Company to use any information which it submits to the Platform to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.5 above, the Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.<\/span><\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If the User does not wish the Company to use its information as set out in Clause 2.6 above, it should leave the Platform before submitting its personal details.<\/span><\/span><\/p>

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If the User does not want the Company to use its email address or SMS\/mobile number to send information concerning the Platform and related matters, the User should send an email message to \u2018Contact Us\u2019 form insert unsubscribe as the subject heading of such message.<\/span><\/span><\/p>

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.<\/span><\/span><\/p>

10.\u00a0\u00a0 <\/span><\/span>\u00a0The Company reserves the right to suspend or terminate a User\u2019s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register on any Platform either directly or indirectly through a related entity. The Company\u2019s rights under this Clause 2.10 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.<\/span><\/span><\/p>

11.\u00a0\u00a0 <\/span><\/span>\u00a0For the avoidance of doubt, the Company is providing a service not goods.<\/span><\/span><\/p>

12.\u00a0\u00a0 <\/span><\/span>\u00a0The Owners, Board and Management Team owns all Intellectual Property Rights in and associated with the Platform and the Service, including without limitation, any trademarks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained in the Platform should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Platform without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to content posted on the Platform, but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable, or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. Material displayed on or through the Service is protected by copyright as a collective work and\/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.<\/span><\/span><\/p>

13.\u00a0\u00a0 <\/span><\/span>\u00a0The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company inform the appropriate authorities.<\/span><\/span><\/p>

14.\u00a0\u00a0 <\/span><\/span>\u00a0If you are an owner of Intellectual Property Rights or an agent who is fully authorized to act on behalf of the owner of Intellectual Property Rights and believe that any Material or other content infringes upon your Intellectual Property Right or the Intellectual Property Rights of the owner on whose behalf you are authorized to act, you may submit a notification to the Company together with a request to the Company to delete the relevant Material in good faith. The notification and the request must contain the following information:<\/span><\/span><\/p>

a.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;<\/span><\/span><\/p>

b.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0identification of the Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property Rights can be covered by a single notification, a representative list of such works;<\/span><\/span><\/p>

c.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0identification of the Material (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the Material;<\/span><\/span><\/p>

d.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an electronic mail address;<\/span><\/span><\/p>

e.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0a signed statement that you have a good faith belief that use of the Material in the manner complained of is not authorized by the Intellectual Property Rights owner, its agent, or the law;<\/span><\/span><\/p>

f.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0a signed statement that the Intellectual Property Rights owner holds the Company harmless from any claim of any third party in connection with the Company removing the relevant content; and<\/span><\/span><\/p>

g.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0a signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<\/span><\/span><\/p>

15.\u00a0\u00a0 <\/span><\/span>\u00a0All notifications under Clauses 2.13 and 2.14 must be sent to \u2018Contact Us\u2019 form<\/b>.<\/span><\/span><\/p>

16.\u00a0\u00a0 <\/span><\/span>\u00a0Users will be invited to send comments to the Company email relating to the integrity and performance of other Users.<\/span><\/span><\/p>

17.\u00a0\u00a0 <\/span><\/span>\u00a0The following restrictions shall apply to all Users. You must:<\/span><\/span><\/p>

A.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not use the Platform or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any Service or any operating system;<\/span><\/span><\/p>

B.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Platform or the Service;<\/span><\/span><\/p>

C.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0use any form of automated device or computer program (sometimes referred to as \u201cflagging tools\u201d) that enables the use of the Company\u2019s \u201cflagging system\u201d or other community control systems without each flag being manually entered by a human that initiates the flag (an \u201cautomated flagging device\u201d), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these terms or any applicable law or regulation;<\/span><\/span><\/p>

D.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not use any automated software to view the Service without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file) and only access the Service manually;<\/span><\/span><\/p>

E.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not use the Service other than for your own personal use or as an agent listing property for sale and to rent;<\/span><\/span><\/p>

F.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not attempt to copy any Material or reverse engineer any processes without the Company\u2019s consent;<\/span><\/span><\/p>

G.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not use any Service in any manner that is illegal, immoral or harmful to the Owners, Board and Management Team;<\/span><\/span><\/p>

H.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not use any Service in breach of any policy or other notice on the Platform;<\/span><\/span><\/p>

I.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not remove or alter any copyright notices that appear on the Platform;<\/span><\/span><\/p>

J.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;<\/span><\/span><\/p>

K.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not interfere with any other User\u2019s enjoyment of the Platform or the Service;<\/span><\/p>

L.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not conduct yourself in an offensive or abusive manner whilst using the Platform or the Service;<\/span><\/p>

M.\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisement on a third party website or post any advertisement on behalf of such User;<\/span><\/p>

N.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0\u201cstalk\u201d or otherwise harass anyone;<\/span><\/p>

O.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not collect personal data about other Users or entities for commercial or unlawful purposes;<\/span><\/p>

P.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not transmit any User Material that:<\/span><\/p>

a.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;<\/span><\/span><\/p>

b.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0includes personal or identifying information about another person without that person’s explicit consent;<\/span><\/span><\/p>

c.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;<\/span><\/span><\/p>

d.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0is protected by copyright or patent, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Company all of the license rights granted herein;<\/span><\/span><\/p>

e.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0infringes any of the foregoing Intellectual Property Rights of any party, or is User Material that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);<\/span><\/span><\/p>

f.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0constitutes or contains \u201cpyramid schemes\u201d, \u201cjokes\u201d, \u201caffiliate marketing,\u201d \u201clink referral code,\u201d \u201cjunk mail,\u201d \u201cspam,\u201d \u201cchain letters,\u201d \u201cbait marketing\u201d, \u201cnegative option marketing\u201d, \u201creferral selling\u201d or unsolicited advertisements of a commercial nature;<\/span><\/span><\/p>

g.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0constitutes or contains any form of advertising or solicitation if: (i) posted in areas or categories of the Platform which are not designated for such purposes; or (ii) e-mailed to the Company Users who have requested not to be contacted about other services, products or commercial interests; and<\/span><\/span><\/p>

h.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0includes links to commercial services or third-party websites, except as specifically allowed by the Company.<\/span><\/span><\/p>

18.\u00a0\u00a0 <\/span><\/span>\u00a0By submitting User Material on the Platform or otherwise, the User grants the Owners, Board and Management Team a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the User Material. The Owners, Board and Management Team will not pay the User any fees whatsoever for the User Material and reserves the right in its sole discretion to remove or edit the User Material at any time. The User warrants and represents that it has all rights, consents and\/or authorizations in respect of the User Material necessary to grant the Owners, Board and Management Team these rights.<\/span><\/span><\/p>

19.\u00a0\u00a0 <\/span><\/span>\u00a0The Company permits the User to post User Material on the Platform in accordance with the Company\u2019s procedures provided that User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to the Company. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable.<\/span><\/span><\/p>

20.\u00a0\u00a0 <\/span><\/span>\u00a0The Company grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a \u201cgeneral purpose internet search engine\u201d does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Clause 2.20 permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and\/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). The Company may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Material made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.<\/span><\/span><\/p>

21.\u00a0\u00a0 <\/span><\/span>\u00a0The Company offers a service known as \u201cFeatured Ads\u201d where users may pay a non-refundable fee to have their ads posted in selected locations on the Platform, thus potentially increasing an ads’ visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third-party service provider, Click & Buy, a third-party website, that may be governed by its own terms of use and other policies. The Company makes no representation or guarantee as to the safety or security of the information transmitted to any third-party website, and your linking to any third party website is completely at your own risk, and the Company disclaims all liability related thereto.<\/span><\/span><\/p>

22.\u00a0\u00a0 <\/span><\/span>\u00a0The Company may employ a third-party provider for processing credit card payments for users that use the Product(s) or services provided. Such third-party provider may have access to personal information provided by users needed in order to perform their functions but may not use it for any other purpose. The Company does not have access to or retain any user\u2019s payment information.<\/span><\/span><\/p>

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3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>PAID POSTINGS<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company may charge a fee to post Material in some specific areas of the Service (\u201cPaid Material<\/b>\u201d). The fee permits Paid Material to be posted in a designated area of the Platform. Each party posting Paid Material to the Service is responsible for the Material and compliance with these terms. Any such fees paid hereunder are non-refundable in the event any Material is removed from the Service for violating these terms. Additional terms regarding Paid Material will be fully stated in the applicable section(s).<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0All job ads that announce several positions in one ad will be deleted after 24 hours of their posting and no refund will be given. Within the first 24 hours of the posting, the user can edit the multiple-position ad to reduce it to one position. If the ad does not get edited to fulfil the Company\u2019s requirements, the ad will be deleted, and no refund given.<\/span><\/span><\/p>

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4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>POSTING AGENTS<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company prohibits the use of Posting Agents, directly or indirectly, without the express written permission of the Company. In addition, Posting Agents are not permitted to post Material on behalf of others, directly or indirectly, or otherwise access the Service in order to post Material on behalf of others, except with express written permission or license from the Company.<\/span><\/span><\/p>

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5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>NO SPAM POLICY<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time the Company may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company\u2019s e-mail system. Any communication between yourself and any other User utilizing the communication features available on the Service and the Platform may be used only in accordance with these Terms.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Any unauthorized use of the Company computer systems is a violation of these Terms and certain applicable laws, in particular the Philippines Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the Philippines Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Platform, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant Philippines laws.<\/span><\/span><\/p>

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6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>\u00a0LIMITATION OF LIABILITY<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company shall not be liable for any:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages);<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>loss of profit;<\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>loss of business;<\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>loss of revenue;<\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0loss of or corruption to data;<\/span><\/span><\/p>

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>loss of use;<\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0loss of production;<\/span><\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>loss of contract;<\/span><\/p>

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0loss of opportunity;<\/span><\/span><\/p>

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0loss of savings, discount or rebate (whether actual or anticipated);<\/span><\/span><\/p>

10.\u00a0\u00a0 <\/span><\/span>\u00a0harm to reputation or loss of goodwill;<\/span><\/span><\/p>

11.\u00a0\u00a0 <\/span><\/span>\u00a0loss of anticipated savings,<\/span><\/span><\/p>

(In the cases of Clauses \u200e6.1.2 to 6.1.12 (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with these Terms or for any liability of a User to any third party.<\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The limitations at Clause 6.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Platform or the Service or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or the Service or any links to the Platform or Service.<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The limitations in this Clause 6 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Whilst the Company will take all reasonable attempts to exclude viruses from the Platform, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Platform.<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Platform includes information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by the Company and the Company shall not be liable for any material which may be deemed Unacceptable. You further may be exposed to Material that is inaccurate, offensive, indecent, objectionable, defamatory, or libelous and, as far as the law allows, and subject to Clause 6.11, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.<\/span><\/span><\/p>

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company does not guarantee that the Platform will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Platform will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. The Company may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Platform, to protect yourself in case of problems with the Platform or the Service.<\/span><\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.<\/span><\/span><\/p>

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the Platform and has not approved such linked websites or the material or information available from them.<\/span><\/span><\/p>

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company does not guarantee, represent or warrant that the information accessible via the Platform is accurate, complete or current. The Company has no liability whatsoever in respect of any use which the User makes of such information. The Platform, the Service, and use of all related facilities are provided on an \u201cas is, as available\u201d basis without any warranties whether express or implied.<\/span><\/span><\/p>

10.\u00a0\u00a0 <\/span><\/span>\u00a0The Platform and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User\u2019s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Platform, the Service and the Material are suitable for its purposes. A User in making any financial or other decision based on Material or other information in the Platform accepts that it does so exclusively at its own risk and the Company shall have no liability in respect of the same.<\/span><\/span><\/p>

11.\u00a0\u00a0 <\/span><\/span>\u00a0None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Company or its appointed agents.<\/span><\/span><\/p>

12.\u00a0\u00a0 <\/span><\/span>\u00a0The Platform is controlled and offered by the Company from facilities in the Philippines. The Company makes no representations or warranties that the Platform is appropriate for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.<\/span><\/span><\/p>

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7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>JOBS WANTED<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company is not responsible for the information posted by the job seekers in the Jobs Wanted section or in their CVs. The CV Search is a form of head hunting, it allows recruiters to look through the CVs in our database. However, some of the applicants may or may not match the job position you are looking to fill. Any fees paid are non-refundable once the package is used. The duration of the CV Search cannot be extended.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0By placing a job seeking ad in the Jobs Wanted section, the recruiter will have access to the CV uploaded to the job seeker’s profile. Once an applicant uploads their CV to their profile, it will be added to our database where recruiters will have access to it for 18 months.<\/span><\/span><\/p>

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8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>INDEMNITY<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The User agrees to defend, indemnify and hold harmless the Company, the Owners, Board and Management Team and each of their officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys\u2019 fees) arising from (a) your improper use of, or your inability to use, the Platform or the Service; (b) your breach of \u00a0any provision of these Terms; and\/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Platform and the Service.<\/span><\/span><\/p>

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9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span><\/b>\u00a0PROPERTY FOR SALE AND PROPERTY FOR RENT CATEGORIES ON THE WEBSITE<\/span><\/b><\/p>

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If you are listing a property on this Platform, your obligations are as follows:<\/span><\/p>

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Brokers<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0You warrant that you possess a valid license from the relevant authorities or government, or its equivalent in the Philippines or in your specific Province in which you are advertising.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If a project is off plan (under construction), you warrant that the project is registered with relevant authorities.<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If you are engaging in subleasing activities, you warrant that you possess a license for the activity of \u201cLeasing and Management of Other People\u2019s Property\u201d from both Philippine government (or relevant authorities).<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If you are engaging in short-term or Holiday Home leasing, you warrant that you possess a license for the activity from Philippine government, if applicable.<\/span><\/span><\/p>

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Developers<\/span><\/b><\/p>

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0You warrant that you possess a valid license from relevant authorities, or its equivalent in the Philippines or in your specific Province in which you are advertising.<\/span><\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If a project is off plan (under construction), you warrant that it is registered with relevant authorities and hold a relevant authorities-approved Escrow Account for the project, if applicable.<\/span><\/span><\/p>

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0As per relevant authorities regulations, you must obtain approval for every property advertisement and display the relevant authorities Permit Number on all advertisements.<\/span><\/span><\/p>

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Owners and Landlords<\/span><\/b><\/p>

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0You warrant that you are the Owner\/Landlord of the property, or otherwise possess valid authorization to list the property on the Platform.<\/span><\/span><\/p>

10.\u00a0\u00a0 <\/span><\/span>\u00a0If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Philippine government, if applicable.<\/span><\/span><\/p>

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Tenants<\/span><\/b><\/p>

11.\u00a0\u00a0 <\/span><\/span>\u00a0You warrant that you possess valid, written consent from your Landlord before advertising on the Platform, and that you are legally entitled to publish such advertisement.<\/span><\/span><\/p>

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All Advertisers<\/span><\/b><\/p>

12.\u00a0\u00a0 <\/span><\/span>\u00a0You may only advertise properties that are currently available for sale or lease. It is at our discretion to remove any listings (advertising fees will not be refunded).<\/span><\/span><\/p>

13.\u00a0\u00a0 <\/span><\/span>\u00a0You warrant that the advertisement does not contain unlawful language or use of the premises, including:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0defamatory, misleading or deceptive statements;<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0sharing of a property between unrelated members of the opposite sex;<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0sharing of a property in any way that is deemed unlawful; and<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0any other language that promotes illegal or immoral activities under the law of the Philippines.<\/span><\/span><\/p>

14.\u00a0\u00a0 <\/span><\/span>\u00a0If you are listing a property on any of the Platform, your obligations are as follows:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company\u2019s advertisements include real properties for sale or rent. The Company is not a real estate brokerage and the details of the properties available on the Platform are provided to us by third party brokers, landlords, owners or developers;<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company does not verify the property listing details provided to us by third parties, and makes no warranties or representations as to their accuracy or completeness;<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0You, the User of the Platform, must conduct your own due diligence and must not rely on the details in the advertisements; and<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company does verify the relevant authorities license number of all property broker companies prior to allowing them to advertise on the Platform.<\/span><\/span><\/p>

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Motors Category<\/span><\/b><\/p>

15.\u00a0\u00a0 <\/span><\/span>\u00a0As a User of the Platform, you must not offer for sale any type of car, motor vehicle or motorcycle (\u201cVehicle<\/b>\u201d) that is:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0located outside of the Philippines, unless you can prove ownership of the Vehicle upon request;<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0that is not immediately for sale;<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0that is not accurately described by the category in which it is advertised;<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0that you are not the owner of, or in all other cases, which you do not have the rights to sell; or<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0without true and accurate pricing of the Vehicle displayed within the listing.<\/span><\/span><\/p>

16.\u00a0\u00a0 <\/span><\/span>\u00a0We may request that you provide proof of ownership, and that the Vehicle is located in the Philippines or has been cleared by Philippines customs. If you do not provide us with proof within 24 hours of request, we may immediately remove the relevant advertisement\/content without further notice and no refund will be made.<\/span><\/span><\/p>

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10.\u00a0\u00a0 <\/span><\/span><\/b>\u00a0CALL RECORDING FOR REAL ESTATE BROKERS<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Some of the relevant authorities licensed real estate brokers (Brokers) that advertise on our Platform subscribe to a service whereby the property listing has a uniquely identified phone number and the call is automatically recorded for quality and training purposes. By using the Services, you expressly agree to having your phone call recorded when you call a Broker in relation to advertisements in the Property category of the Platform and you agree that no further warning or consent is required.<\/span><\/span><\/p>

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11.\u00a0\u00a0 <\/span><\/span><\/b>\u00a0AD SERVICES PACKAGE<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If you are a Client, Customer or any of their officers, directors, employees, agents, contractors, sub-contractors or representatives, the following additional terms also apply to you:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company may publish on the Platform any information supplied or made available to the Company by or on behalf of the Client. The Client acknowledges and agrees that the Company shall not be regarded as being in breach of any obligation of confidentiality as a result of the publication of such information.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company may make operational changes to the Ad Services Package and individual products thereunder at any time. The Company will use reasonable endeavours to provide notification of material changes by posting a message on the Platform or by informing the Client.<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Subject to Clause 6.11, in no event shall the Company\u2019s liability with respect to the provision of the Ad Services Package to the Client, regardless of the cause of action and losses suffered by the Client.<\/span><\/span><\/p>

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12.\u00a0\u00a0 <\/span><\/span><\/b>GENERAL<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Subject to Clause \u200e5.2, these Terms, the Privacy Policy and any other expressly incorporated document constitute the entire agreement between you and the Company and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause \u200e12.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Platform again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Platform if it accepts the new terms and conditions. If you do not accept the changes, you should immediately discontinue your access to the Platform and your use of the Service.<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer its rights or obligations under these Terms without the Company\u2019s prior written consent.<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.<\/span><\/span><\/p>

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.<\/span><\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.<\/span><\/span><\/p>

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.<\/span><\/span><\/p>

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0These Terms shall be governed by and construed in accordance with the law of the Philippines, and the parties submit to the exclusive jurisdiction of the Philippine Courts, save that the Company may take action in any relevant jurisdiction to enforce its Intellectual Property Rights. You agree that any cause of action brought by you arising out of or related to your use of the Service and.\/or the Platform must commence within a reasonable time and in any event within one (1) year after the cause of action accrues.<\/span><\/span><\/p>

10.\u00a0\u00a0 <\/span><\/span>\u00a0These Terms shall inure to the benefit of and be binding upon each party’s successors.<\/span><\/span><\/p>

11.\u00a0\u00a0 <\/span><\/span>\u00a0If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.<\/span><\/span><\/p>

12.\u00a0\u00a0 <\/span><\/span>\u00a0All website design, text, graphics, the selection and arrangement thereof are Copyright \u00a9OurMarketplace.Ph, ALL RIGHTS RESERVED.<\/span><\/span><\/p>

13.\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace is a trademark of OurMarketplace Ltd or its subsidiaries and may be registered in certain parts of the world.<\/span><\/span><\/p>

\u00a0<\/span><\/b><\/p>

13.\u00a0\u00a0 <\/span><\/span><\/b>SELLER TERMS<\/span><\/b><\/p>

\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Seller Requirements<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>A Seller must:<\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0be at least eighteen (18) years of age, in the case of an individual;<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0be legally capable of entering into a contract with OurMarketplace;<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not have any criminal record and be compliant with all Applicable Laws;<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0be resident of the Philippines; and<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0have valid identification or incorporation documents as requested by OurMarketplace, in the case of an individual or legal entity, respectively.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Each Seller warrants and represents that:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0it is the legal owner of the Device and is legally authorized to sell the Device;<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0their use of the Platform and sale of the Device would not be in breach of any Applicable Law or agreement or contract to which the Seller is a party; and<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0the Device is free from any encumbrances.<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0The Seller must provide a true, accurate and correct description of the Device and its specifications including, but not limited, the model, the storage space and the condition.<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0In registering for the Services and the Platform, Sellers must provide true, accurate, current and complete Registration Details. Sellers must update any changes to their Registration Details (except age).<\/span><\/span><\/p>

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0A Seller must keep confidential any user identification and password details set-up or given to the Seller as part of OurMarketplace\u2019s security procedures and must not disclose them to any third party.<\/span><\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Each Seller is solely responsible for any use of, or action taken under the Seller\u2019s account, and shall fully indemnify OurMarketplace and its affiliates, directors, officers, employees, authorized representatives, consultants, professional consultants or authorized agents from any damages or injury suffered by OurMarketplace resulting from any use of the Seller\u2019s account or any breach of Applicable Law.<\/span><\/span><\/p>

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace reserves the right to suspend or terminate a Seller\u2019s account where, in its absolute discretion, it suspects or deems or in OurMarketplace\u2019s opinion the Seller has breached these Terms and Conditions or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, OurMarketplace will notify the Seller by email and the Seller must not seek to re-register on the Platform either directly or indirectly or through a related entity or another person. OurMarketplace\u2019s rights under this paragraph shall not prejudice any other right or remedy OurMarketplace may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.<\/span><\/span><\/p>

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace may refuse to provide the Services to a Seller if, in its sole discretion, OurMarketplace considers that the Seller has not complied with any obligation in this clause 3.<\/span><\/span><\/p>

\u00a0<\/span><\/b><\/p>

14.\u00a0\u00a0 <\/span><\/span><\/b>BUYER TERMS<\/span><\/b><\/p>

Buyer Requirements<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>All Buyers must:<\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0be at least eighteen (18) years of age, in the case of an individual;<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0be legally capable of entering into a contract with OurMarketplace;<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0not have any criminal record and be compliant with all Applicable Laws;<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0be resident of the Philippines; and<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0have valid identification or incorporation documents as requested by OurMarketplace, in the case of an individual or legal entity, respectively.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Each Buyer warrants and represents that:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0they are legally authorized to purchase the Device; and<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0their use of the Platform and purchase of the Device is not in breach of any Applicable Law including, without limitation, anti-money laundering laws or any agreement or contract to which the Buyer is a party.<\/span><\/span><\/p>

\u00a0<\/span><\/p>

15.\u00a0\u00a0 <\/span><\/span><\/b>WARRANTY<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace does not provide any warranty or guarantee on Assets or any items listed in the platform. Refer to the Conditions Categories.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>It is the obligation of the Seller to provide all the necessary information to the Buyer, including the validity of any warranty.<\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>It is the obligation of the Buyer to inspect the condition of the assets that he\/she is purchasing.<\/span><\/p>

\u00a0<\/span><\/p>

16.\u00a0\u00a0 <\/span><\/span><\/b>LEVELS OF CONDITIONS CATEGORIES<\/span><\/b><\/p>

\u00a0<\/span><\/p>

Level 1: Brand New <\/span><\/b><\/p>

Any original manufacturer\u2019s warranty is still valid, never been used and the packaging is still sealed. <\/span><\/p>

\u00a0<\/span><\/p>

Level 2: Slightly Used Like New <\/span><\/b><\/p>

No signs of wear-and-tear on the item and packaging; original packaging and accessories are intact. The item is nearly brand new. <\/span><\/p>

\u00a0<\/span><\/p>

Level 3: Used \u2013 Very Good <\/span><\/b><\/p>

There are some minor signs of wear-and-tear. The item is perfectly functioning but orginal packaging is optional. <\/span><\/p>

\u00a0<\/span><\/p>

Level 4: Used \u2013 Good <\/span><\/b><\/p>

The item is in perfect working condition, though showing normal wear-and-tear from regular use.<\/span><\/p>

\u00a0<\/span><\/p>

Level 5: Used \u2013 Acceptable <\/span><\/b><\/p>

Wear-and-tear may include scratches, dents, and the likes. The item is still functioning but it may have some signs of quality deterioration. <\/span><\/p>

\u00a0<\/span><\/p>

Level 6: Refurbished <\/span><\/b><\/p>

The condition is acceptable but some parts are already repaired or replaced.<\/span><\/p>

\u00a0<\/span><\/p>

Level 7: Minor Repair is needed <\/span><\/b><\/p>

The item is still functioning but some minor repair is needed. <\/span><\/p>

\u00a0<\/span><\/p>

Level 8: Major Repair is needed <\/span><\/b><\/p>

The condition is not functioning properly and some major repair is needed.<\/span><\/p>

\u00a0<\/span><\/p>

Important Note: Buyer\u2019s inspection is required in whatever condition of the item before finalizing the deal with the Seller. It is the responsibility of the Buyer to conduct a thorough inspection before paying for the item \/ asset. This platform and its owner does not take any responsibility or obligation whatsoever on the condition of the item or asset\u00a0listed\u00a0in\u00a0here.<\/span><\/i><\/p>

\u00a0<\/span><\/p>

17.\u00a0\u00a0 <\/span><\/span><\/b>\u00a0LIMITATON OF LIABILITY<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0In no event OurMarketplace.Ph shall take any liability in the sale and purchase transactions under these Terms and Conditions, regardless of the cause of action and losses suffered by the Users.<\/span><\/span><\/p>

\u00a0<\/span><\/p>

18.\u00a0\u00a0 <\/span><\/span><\/b>TAX<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace has no obligations to collect or ask for any tax obligations of the seller \/ buyer.<\/span><\/span><\/p>

\u00a0<\/span><\/b><\/p>

19.\u00a0\u00a0 <\/span><\/span><\/b>ADDITIONAL GENERAL TERMS<\/span><\/b><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0These Terms and Conditions shall be applicable with respect to the Services, and Users agree to fully comply with them by using the Services.<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace may revise, amend, discontinue or make any other changes to the Services at any time. OurMarketplace will use reasonable endeavors to provide notification of material changes by posting a message on the Platform or by informing Users.<\/span><\/span><\/p>

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Users warrant and represent that all information supplied or made available to OurMarketplace by or on behalf of Users is true, accurate and not misleading or deceptive. OurMarketplace has the right, but not the obligation, to remove from the Platform without notice any content supplied by or information relating to Users whenever OurMarketplace deems such action necessary in its absolute discretion.<\/span><\/span><\/p>

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Users shall, when using the Services:<\/span><\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0ensure that Users and their respective Personnel comply with the Platform Terms of Use and Applicable Law; and<\/span><\/span><\/p>

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0obtain all necessary rights, licences and consents from regulatory authorities and other third parties.<\/span><\/span><\/p>

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Users shall ensure that their respective Personnel comply with all security procedures relevant to the use of the Services and interacting with OurMarketplace. Users shall inform OurMarketplace immediately if relevant security credentials are compromised in any way. Users shall indemnify (and keep indemnified) OurMarketplace for any loss to OurMarketplace resulting from the disclosure of any security credentials to a third party and\/or failure by Users to keep any security credentials secure, whether such disclosure or failure was committed by an employee of such Users or otherwise.<\/span><\/span><\/p>

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0Users hereby consent to the monitoring and recording by OurMarketplace (or any of its suppliers) at any time of any communications, information or data exchanged between the Parties or suppliers of the Parties and in connection with these Terms and Conditions, use of the Services and the Platform (whether this is through the use of call tracking software or otherwise).<\/span><\/span><\/p>

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace will not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions by reasons, events or other matters beyond OurMarketplace\u2019s reasonable control, including but not limited to the collection and the delivery of Devices.<\/span><\/span><\/p>

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0No failure or delay by either Party to enforce, or exercise, or any partial, single or defective exercise of enforcement, of any right, remedy, power or privilege given to that Party pursuant to these Terms and Conditions shall constitute a waiver or partial waiver of any right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time. Any waiver of any right, remedy, power or privilege will be effective only if made in writing.<\/span><\/span><\/p>

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>\u00a0OurMarketplace is entitled to assign or subcontract any or all of its rights and obligations under these Terms and Conditions. A User shall not assign or otherwise transfer its rights, interests or obligations under these Terms and Conditions to any third party without the prior written consent of OurMarketplace.<\/span><\/span><\/p>

10.\u00a0\u00a0 <\/span><\/span>\u00a0Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or joint venture between the Parties.<\/span><\/span><\/p>

11.\u00a0\u00a0 <\/span><\/span>\u00a0Nothing in these Terms and Conditions shall confer, nor be intended to confer, any right or benefit on any third party.<\/span><\/span><\/p>

12.\u00a0\u00a0 <\/span><\/span>\u00a0If any term of these Terms and Conditions is found to be illegal, void, invalid or unenforceable under the laws of any jurisdiction this will not affect the legality, validity and enforceability of the remainder of these Terms and Conditions in that jurisdiction, and the legality, validity and enforceability of these Terms and Conditions in any other jurisdiction shall not be affected.<\/span><\/span><\/p>

13.\u00a0\u00a0 <\/span><\/span>\u00a0If there is any conflict between the terms of these Terms and Conditions and the Platform Terms of Use, these Terms and Conditions shall prevail.<\/span><\/span><\/p>

14.\u00a0\u00a0 <\/span><\/span>\u00a0If these Terms and Conditions are translated into any other language, and there is a discrepancy between the English text and the text of the other language, the English text will govern.<\/span><\/span><\/p>

15.\u00a0\u00a0 <\/span><\/span>\u00a0These Terms and Conditions are governed by the law of the Philippines. Any dispute which is not settled amicably between the Parties shall be finally settled by the courts of the Philippines.<\/span><\/span><\/p>

\u00a0<\/p>

\u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Terms of Services Welcome to OurMarketplace.Ph \u00a0 Please read this important legal information that governs your use of the OurMarketplace.Ph as a digital platform. \u00a0 By using the www.OurMarketplace.Ph, a digital platform (the \u201cPlatform\u201d), you confirm that you have read, understood, and accept these terms of use (\u201cTerms\u201d) as the terms which govern your access […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":25,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-8541","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/pages\/8541","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/comments?post=8541"}],"version-history":[{"count":89,"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/pages\/8541\/revisions"}],"predecessor-version":[{"id":15951,"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/pages\/8541\/revisions\/15951"}],"wp:attachment":[{"href":"https:\/\/ourmarketplace.ph\/ads\/wp-json\/wp\/v2\/media?parent=8541"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}