These Terms and Conditions are a legal agreement between you and the Mobile Application Provider (“MAP”). Together, you and the MAP shall constitute the “Parties” to these Terms and Conditions that govern your use of the Abizo™ Mobile Application (“Mobile App”). PLEASE READ THIS AGREEMENT CAREFULLY. SHOULD YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED HEREIN, DO NOT INSTALL AND USE THE MOBILE APP. Instead, PRESS THE “CANCEL” BUTTON (OR SIMILAR BUTTON) OR UNINSTALL THE MOBILE APP. [KUNG HINDI MO NAIINTINDIHAN ANG MGA NAKASAAD DITO DAHIL NAKASULAT SA INGLES, HUWAG GAMITIN ANG MOBILE APP. KUMUNSULTA SA ISANG NAKAKAALAM UPANG ISA-TAGALOG O ILIPAT SA ANUMANG SALITANG NAIINTINDIHAN MO AT IPALIWANAG SA IYO. MAGREHISTRO AT GAMITIN LAMANG ANG MOBILE APP KAPAG NAINTINDIHAN AT NAIPALIWANAG NA AT SANG-AYON KA SA LAHAT NG NAKASAAD DITO. KUNG HINDI KA SANG-AYON, PINDUTIN ANG NAKASAAD NA “CANCEL” O ALISIN AGAD ANG MOBILE APP.]
This Mobile App is not intended for use by unsupervised minors or persons under legal age or eighteen (18) years of age. If you are a minor or person under the age of eighteen (18) and is NOT accompanied by or acting under the supervision of a parent or guardian who has read and understood these Terms and Conditions and who consents to them herein provided, PRESS THE “CANCEL” BUTTON (OR SIMILAR BUTTON) OR UNINSTALL THE MOBILE APP.
BY REGISTERING ON AND USING THE MOBILE APP, , YOU EXPRESSLY AFFIRM THAT:
- YOU ARE EITHER OF LEGAL AGE (E., EIGHTEEN (18) YEARS OLD OR ABOVE) OR YOU ARE A PARENT OR GUARDIAN OF A MINOR WHO HAS AUTHORITY AND LEGAL CAPACITY TO REPRESENT SUCH MINOR AND TO ENTER INTO THESE TERMS AND CONDITIONS ON BEHALF OF SUCH MINOR;
- YOU HAVE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AGREE, WITHOUT ANY RESERVATION, TO BE BOUND BY THEM HEREIN PROVIDED;
- YOU ALONE ARE THE REGISTERED USER POSSESSING ALL LEGAL RIGHTS TO THE SMARTPHONE, TABLET OR DEVICE WHICH CONTAINS THE MOBILE APP (“DEVICE”) AND THAT THE USE OF THE DEVICE BY ANY PERSON APART FROM YOURSELF SHALL BE DEEMED AUTHORIZED UNLESS YOU IMMEDIATELY REPORT THE UNAUTHORIZED USE THEREOF TO THE MAP;
- IF YOU ARE CURRENTLY NOT SUBSCRIBED TO A POSTPAID PLAN WITH YOUR CHOSEN NETWORK PROVIDER, YOU AGREE THAT A MINIMUM LOAD AMOUNT AS SPECIFIED BY YOUR NETWORK PROVIDER (CURRENTLY AT THREE PESOS [â‚±3.00]) IS REQUIRED TO COVER SMS MESSAGES SENT USING THE MOBILE APP;
- YOU AGREE THAT THE MAP, IN THE SPIRIT OF PUBLIC SERVICE AND IN PARTNERSHIP WITH YOUR NETWORK PROVIDER, MAY MAKE IT POSSIBLE FOR YOU TO AVAIL YOURSELF OF THE MOBILE APP FREE OF CHARGE BY PERMITTING THE MAP ACCESS TO AND DISCLOSURE, SUBJECT TO YOUR CONSENT THERETO, OF YOUR PERSONAL INFORMATION (MORE PARTICULARLY DESCRIBED IN SECTION 1 OF THESE TERMS AND CONDITIONS) TO MEDIA COMPANIES SO THAT TIMELY AND USEFUL INFORMATION CAN BE DELIVERED TO YOU ON PRODUCTS AND SERVICES INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PROMOTIONS, ARTICLES, ANNOUNCEMENTS, AND OTHER SIMILAR CONTENT OR LINKS THERETO PROVIDED BY VENDORS, ADVERTISERS, PUBLISHERS, CONTENT PARTNERS, MARKETING AGENTS, AND OTHER THIRD PARTY PROVIDERS (“THIRD PARTY CONTENT”) AND THAT YOU ACKNOWLEDGE THAT THE MAP DOES NOT REPRESENT NOR ENDORSE SUCH THIRD PARTIES AND IS NOT IN ANY MANNER RESPONSIBLE FOR THE THIRD PARTY CONTENT;
- YOU AFFIRM THAT THE DELIVERY OF THIRD PARTY CONTENT AND THE TYPE OR NATURE OF THE CONTENT DELIVERED IS BASED ON THE INFORMATION YOU HAVE PROVIDED WITH YOUR CONSENT AS WELL AS YOUR LOCATION INFORMATION, LIKEWISE WITH YOUR CONSENT, AND YOU, THEREFORE, AGREE TO HOLD THE MAP FREE AND HARMLESS FROM UNINTENTIONAL DELIVERY OF ANY THIRD PARTY CONTENT AND SERVICES THAT MAY, IN SOME JURISDICTIONS, CULTURES, OR RELIGIONS, BE DEEMED INAPPROPRIATE SUCH AS BUT NOT LIMITED TO CONTENTS WHICH MAY BE POLITICALLY-MOTIVATED/ COLORED, RELIGIOUS, RACIAL, SEXUAL OR OTHER OFFENSIVE CONTENT; AND
- YOU AGREE THAT THE MAP SHALL NOT BE LIABLE FOR FAILURE OF THE MOBILE APP TO PERFORM ITS INTENDED FUNCTIONS/SERVICES DUE TO LIMITATIONS SPECIFIED IN THESE TERMS AND CONDITIONS (SECTIONS 3, 4, 9, AND 10), FAULTY OR INCOMPLETE INSTALLATION OR EMBEDDING BY DEVICE MANUFACTURERS OR NETWORK PROVIDERS, UPGRADES IN THE ANDROID OR IOS OPERATING SYSTEM (“OPERATING SYSTEM”), OR CAUSES WHICH IT HAS NO CONTROL OF;
- YOU ALSO AGREE TO HOLD THE MAP FREE AND HARMLESS FROM ANY INCONVENIENCE YOU MAY EXPERIENCE DUE TO RESTRICTED ACCESS TO THE MOBILE APP AND MOBILE APP SERVICES ON ACCOUNT OF YOUR IMPROPER USE OF THE MOBILE APP AS DESCRIBED IN SECTIONS 1 AND 2 BELOW; AND
- GRANT OF LICENSE; USE. – These Terms and Conditions grant to you a non-exclusive, non-transferable (unless sooner terminated as provided below) license to install and use the Mobile App solely for your own personal, lawful, and non-commercial use on your Device. By no means does this grant of license transfer ownership of any intellectual or other proprietary rights to the Mobile App.
You expressly agree to use the Mobile App solely for the purposes for which the Mobile App was designed. You shall, therefore, not use or permit the use of the Mobile App for any illegal, unlawful, or improper purpose, including but not limited to: (i) harassment or bullying, in whatever form, (ii) falsely accusing or defaming anyone, (iii) stalking or surveillance, (iv) making or sending malicious or prank calls or SMS messages to the Mobile App Services or (v) obstructing justice and law enforcement or the administration and delivery of a public service. By using the Mobile App, you expressly agree that the MAP may store and use certain information regarding yourself such as phone number, name and contact information, email address, location, among others, as unique account identifiers and such other information enumerated below.
- RESTRICTIONS; RESTRICTION OF ACCESS FOR IMPROPER USE. – You may not rent, lease, lend, sell, redistribute or sublicense the Mobile App. The copying, decompiling, disassembling, reverse engineering, modifying, creating of derivative works, upgrades, or similar acts as well as any attempt thereof is strictly prohibited. A breach of these restrictions entitles the MAP to seek redress for damages under the applicable laws.
The MAP may block your access to the Mobile App and Mobile App Services in case it has been determined that you have improperly used the Mobile App by making malicious or prank calls/reports or SMS messages, which hampers the delivery of the Mobile App Service to other users, obstructs justice and law enforcement or the administration and delivery of a public service. This is without prejudice to the right of the MAP to terminate your subscription to the Mobile App under Section 7 below.
- PERMISSIONS REQUIRED
- ACCESS TO AND USE OF LOCATION INFORMATION
You expressly allow the Mobile App to locate your Device and, in case of free subscription to the Mobile App as defined in Section 6 below, permit access to, and streaming to your Device of, Third Party Content via use of: 1) application programming interfaces that provide the MAP your current location (“location API”)- using Global Positioning System (GPS) or your mobile network (collectively “Location APIs”) or 2) available information about the WiFi networks that your Device is connected to, trying to connect to, or are within the range of, including ESSID (network name), BSSID (a unique identifier), and signal strength (“WiFi Information) and coordinates or your Device’s information, such as but not limited to its IMEI number.
- SENDING OF SMS
You expressly allow the Mobile App to send an SMS message to the MAP’s designated servers or Mobile App Service Providers, if any, containing the status or location of your Device. In case of change of SIM card, the Mobile App may have the capability to identify the new SIM card, monitor frequency in changes, and send the number to the MAP’s designated servers.
- LIMITATIONS OF SERVICE – The Mobile App Services may be regulated or prohibited and may not yet be available in certain areas or jurisdictions. For example, the services may not be available in certain provinces in the Philippines or other countries. If the Mobile App Services are not available in your area or jurisdiction, the MAP shall not be responsible or liable for the Mobile App’s failure or inability to perform the Mobile App Services while you are in such area or jurisdiction.
Moreover, the Mobile App may be reliant upon Location APIs to locate your Device. To enable the Mobile App to locate your Device, at command, you must turn on or permit the Mobile App to turn on Location-APIs on your Device (or allow similar permissions or settings). If you do not permit the Mobile App to use Location APIs (or similar permissions or settings), the Mobile App might not be able to locate your phone except to the extent that in can access available WiFi Information and coordinates or your Device’s information, such as but not limited to its IMEI number.
Thus, the Mobile App’s ability to locate your Device may depend on, among others, the Mobile App’s access to Location APIs, any active system restrictions on access thereon, and availability of WiFi Information and coordinates or your Device’s information, such as but not limited to its IMEI number. For instance, the Mobile App will perform better on a “high accuracy” setting or when it has unrestricted access to Location APIs than on a limited or restricted location setting. Moreover, Location APIs may at times involve wireless data information transmission by your Device through your mobile/wireless carrier that is of sufficient bandwidth quality for the location-based service to operate and, consequently, rely upon adequate WiFi and/or cellular connectivity.
If you are currently not subscribed to a postpaid plan with your chosen network provider and your load amount is less than that required by your network provider (currently Three Pesos [â‚±3.00]), you may not be able to send SMS messages from your device thereby limiting your access to the Mobile App Services.
- CONSENT TO POSTING OR DISPLAY OF THIRD PARTY CONTENT. – Please note that the availability of the option to avail yourself of the Mobile App Services free of charge may vary among different network providers.
In case such option is currently available to you and you opt for a free subscription to the Mobile App, you expressly agree to allow the MAP to send, post, or display Third Party Content (consisting of information on products and services, including but not limited to advertisements, promotions, articles, announcements, and other similar content or links thereto provided by vendors, advertisers, publishers, content partners, marketing agents, and other third party providers) to your Device free of charge, via automatic internet download using a WiFi connection and/or via Location APIs.
Data charges may, however, apply in case you yourself download Third Party Content over the internet by way of mobile data. Downloaded Third Party Content may temporarily take up 1 to 5 MB of the Device’s memory but will automatically be deleted once the advertisement has been fully-shown or when you opt-out of the Third Party Content.
You are under no obligation to click or respond to any Third Party Content. Your use of the Mobile App or the provision of the Mobile App Services will not be affected by your response to the Third Party Content.
- NO WARRANTY. – The MAP makes no claims as to the success of the Mobile App. You expressly acknowledge that the Mobile App’s primary function(s) is(are) limited to those stated in the Mobile App Product/Service Description. You also expressly acknowledge and agree that the use of the Mobile App is at your sole risk and that the performance of the application is subject to limitations that the MAP may not be able to control. For instance, at times, the Mobile App’s performance may be impaired by limitations and availability of the Mobile App’s access to Location APIs and WiFi Information and coordinates, upgrades to the Operating System, insufficient load amount, and other causes which the MAP has no control of, may also affect the Mobile App’s performance. The MAP expressly disclaims responsibility for the Mobile App’s inability or failure to perform its services caused by such limitations or unavailability of access to Location APIs and/or WiFi Information and coordinates.
Any loss of your Device by any malfunction, breakdown, glitch, bug, improper handling or fault is not attributable to the Mobile App.
To the extent permitted by applicable law, the MAP, its representatives, successors, and assigns (collectively, the “MAP parties”) disclaim any and all warranties and conditions with respect to the Mobile App and any services, either express, implied or statutory, including but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet and uninterrupted enjoyment, of title, and non-infringement of third party rights. Furthermore, none of the MAP parties warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from or provided by the Mobile App will meet your requirements or that the operation of the same will be uninterrupted or error-free or that the defects in the will be corrected.
No oral or written information or advice given by any of the MAP parties shall create a warranty or guarantee.
- LIMITATION OF LIABILITY. – To the extent permitted by law, in no event shall any of the MAP parties be liable for any loss or damage of any kind, whether direct, incidental, including but not limited to failure of the Mobile App to perform any of the functions it was designed to do, damages for loss of contents of your Device or information stored in the Device, business interruption or any other damage or loss arising out of or related to this Terms and Conditions and/or your use or access to or inability to use the Mobile App and/or any services.
Failure of the Mobile App to achieve its stated purpose or functions and or the unavailability or interruption of the Mobile App Services not brought about by the MAP’s gross negligence or serious fault or when such failure is due to force majeure (i.e., to the extent the event is beyond the MAP’s control), including any Acts of God, shall be excused and the MAP shall not be liable thereon.
- WIRELESS ACCESS CHARGES. – The use of the Mobile App may require wireless data information transmission (“data access”), and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you messaging, data access and other fees in connection with your use of the Mobile App, other communication, data fees and charges, as applicable. Under no circumstances will the MAP be responsible for any such data access fees or charges in connection with your use of the Mobile App incurred by you (or any person that has access to your Device, user account information or other similar information). Further, the use or availability of the Mobile App may be prohibited or restricted by your wireless carrier and/or data access provider or may not work with all wireless carriers, networks, platforms, services or devices.
- RESERVATION OF RIGHTS. – The MAP reserves the right to modify, update, supplement, limit, discontinue, remove or disable access to the Mobile Appor any Mobile App Services without notice to you and neither one of the MAP parties shall be liable to you or any third party should it exercise such rights. From time to time, the MAP may make available updates or upgrades to the Mobile App via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Mobile App was originally downloaded. Certain functions of the Mobile App may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by the MAP.
- AMENDMENT TO THE TERMS AND CONDITIONS. – The MAP reserves the right to modify or change these Terms and Conditions as it sees fit or as required by future law or regulations, with notice to you of material changes in such form or manner as the MAP may deem necessary, proper, and convenient. You are given the option to discontinue the use of the Mobile App in case of disagreement with the changes made.
- GOVERNING LAW – These Terms and Conditions and the interpretation of their provisions shall be governed by Philippine laws.
- DISPUTE SETTLEMENT. – The Parties shall exert all efforts reasonable under the circumstances to amicably settle any disagreement on the interpretation or the implementation of any of the provisions of these Terms and Conditions (“Dispute”).
In the event of any Dispute, the representatives of each Party shall meet and discuss to try and resolve the Dispute within Five (5) working days or such longer period agreed upon by the Parties (the “Dispute Resolution Period”). Should the Parties fail to settle the Dispute within the Dispute Resolution Period, the Dispute shall be referred to executive conciliation. Failure of the Dispute to be settled on executive conciliation shall be sufficient cause to refer the Dispute to arbitration for resolution through the Philippine Dispute Resolution Center, Inc. (“PDRCI”) in accordance with its arbitration rules.
In case of arbitration, the number of arbitrators shall be three (3). Each Party shall appoint one (1) arbitrator, and one (1) arbitrator shall be chosen by the first two (2) appointed arbitrators. Should either Party fail to appoint an arbitrator, or should the first two arbitrators fail to appoint a third arbitrator, the president of the PDRCI shall appoint such arbitrator. The place of arbitration shall be in Taguig City, and the language to be used in the arbitral proceedings shall be English.
The award rendered in such arbitration shall be final and binding upon the Parties and may be entered in any court of competent jurisdiction. Nothing in these Terms and Conditions, however, shall be construed as waiver by any Party of its right to seek injunctive or similar relief in any court of competent jurisdiction.
- CONSENT TO PROCESSING AND SHARING OF PERSONAL INFORMATION. – You confirm that you understand that the use of the Mobile App requires your disclosure of Personal Information and the sharing of the same with media companies to enable the latter to provide you Third Party Content and to enable you to use the Mobile App free of charge. By signifying your agreement to these Terms and Conditions, you expressly grant consent to process your Personal Information and to share your Personal Information with media companies.
Agreed and Accepted by and between: End User and MAP