Section I. NATURE OF
Kabulig.net |
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I (the Customer)
acknowledge that you (Kabulig.net) is a facility granted by
you which I may avail of for as long as it is offered by you, and provided
that I continue to be qualified under your terms and conditions.
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While Kabulig.net
is available 24 hours a day, some or all of the services may not be
available at certain times due to maintenance, computer,
telecommunication, electrical, or network failure and/or any other reasons
beyond your control.
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Section II.
PROPRIETARY INTEREST |
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You are the sole owner of
all the information and materials (including any enhancements or
modifications) used in, or derived from, providing me with Kabulig.net
(including, without limitation, your website).
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I recognize your
proprietary interest in Kabulig.net and agree that:
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Kabulig.net
shall be used only for its intended purpose. I shall not disassemble,
decompile, copy, modify or reverse engineer the software or allow anyone
else to do so.
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Any information
relating to the use of Kabulig.net, except those which are
of public knowledge, shall not be disclosed to any other party.
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Section
III. DISCLOSURE |
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If you are served with a
subpoena or other legal process in connection with my relationship with
you which may require the disclosure of any information or material
related/incidental thereto, you shall notify me thereof, and I shall
cooperate in the implementation thereof, except if I am lawfully
contesting the legality of the same.
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In case you shall be
required by any government agency to disclose my relationship with you,
you shall notify me of such requirement on a best effort basis prior to
any such disclosure.
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Section IV.
SECURITY |
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You shall use reasonable
effort to ensure that Kabulig.net is secured and cannot be
accessed by unauthorized third parties. However, you do not warrant the
security, secrecy or confidentiality of any information transmitted
through any Internet service provider, network system or such other
equivalent system in any jurisdiction.
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I shall notify you
immediately upon receipt of any data or information through Kabulig.net,
which is not intended for me and, when possible, shall delete such data or
information from my terminal immediately. I shall ensure the strict
confidentiality of such information.
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Section V.
LIMIT ON LIABILITY |
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You shall not be liable
to me for my inability to use Kabulig.net or to access your
website, for any unauthorized actions or transactions for any other cause beyond your control, such as but not
limited to, problems due to computer hardware or software (including
viruses and bugs) or related/incidental problems that may be attributed to
the services provided by any service provider or information service
provider.
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I shall provide you with
a correct and operational e-mail address. You shall not be liable for any
undelivered e-mail communication or any cost that I may incur for
maintaining an Internet access and an e-mail account.
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I shall promptly notify
you of any change in my e-mail address, contact numbers, home or business
address or any other information which may affect communication.
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You shall not be liable
for any loss or damage in connection with any unauthorized interception or
use of data relating to the missending
thereof.
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I agree that you do not
assume any responsibility for malfunctions in communications facilities
not under your control that may affect the timeliness or accuracy of the
instructions sent.
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You shall
neither be liable for such instructions nor be obliged to investigate the
authenticity or authority of the persons sending my instructions nor
verify the accuracy and completeness of my instructions. Such instructions
shall be deemed correct, complete, irrevocable, and binding upon me upon
your receipt thereof. I hereby accept full responsibility for all
transactions executed via Kabulig.net and in particular, in
ensuring the accuracy and completeness of my instructions.
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I agree that you may,
without notice and without stating the reason thereof, cancel or refuse
to execute any of my instructions at any time without incurring any
liability.
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You shall not be liable
for any and all liability(ies), claim(s), suit(s), damage(s), expense(s),
and/or any other cost(s) that may arise by due to the
use, access or services of Kabulig.net.
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I shall be solely liable
for any losses or damages that I may incur:
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for any discrepancies,
omissions, inaccuracies or incorrect entries in your
record that I
did not immediately report to you;
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if my instruction is
not implemented and I fail to promptly report it to you.
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You reserve the right to
deactivate me from Kabulig.net without prior notice due to
mishandling of information as defined by the your standard operating
procedures or, if in your judgment, my continued access of Kabulig.net
may adversely affect the credibility/security of the system. While such
deactivation may be temporary, you reserve the right to permanently delist
me from Kabulig.net.
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Section VI.
SHARING OF INFORMATION |
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To avail of the full
benefits of Kabulig.net and to enjoy the variety of services
I may wish to avail of, I authorize
you to share information regarding my personal circumstances with your
subsidiaries, affiliates, representative offices, agents or other
authorized third parties you may select.
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I shall notify you in
writing, if I
do not wish the information regarding my personal circumstances to be
shared with your subsidiaries, affiliates, representative offices, agents,
or other authorized third parties you may select.
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Section
VII. AMENDMENT |
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You may amend/supplement
this Agreement from time to time without prior notice to me.
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Section
VIII. TERMINATION |
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You may terminate this
agreement once my account is closed, dormant, garnished, escheated, or for
whatever reason, without the need of prior notice to me.
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Section IX.
CONSENT TO THE TERMS AND CONDITIONS |
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By using Kabulig.net,
I accept and agree to be bound by the terms and conditions governing
Kabulig.net, its nature, functionalities and operating features
associated with the use of the same.
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I understand that any
subsequent enrollment to Kabulig.net shall be covered by the
same terms and conditions.
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I likewise agree to be
bound by any and all laws, rules, regulations and official issuances
applicable to Kabulig.net now existing or which may
hereinafter be issued or communicated by you through whatever means, as
well as such other terms and conditions governing the use of other
facilities, benefits, or services which you may make available to me in
connection with Kabulig.net, including the full provisions
in the Privacy and Security document available in your website, the
other features of which are incorporated in this Terms and Conditions.
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