In using and accessing this Website, you are deemed to have read and understood the contents of the terms and conditions for the use and access of the Website and the Products and Services as provided herein (“Terms and Conditions”). The following terminologies shall be used in construing and interpreting the Terms and Conditions and Privacy Policy as contained in this Website. The “Website” shall refer to this website made available online with the address https://www.smacph.com. The “Company” shall refer to our Company including our subsidiaries, affiliates, and related entities. The “User” shall refer to you, the person accessing and using the Website and accepting the terms and conditions provided in this Terms and Conditions and the Privacy Policy. The Company and the User may be referred to individually as “Party” or collectively as “Parties”. “Products and Services” shall refer exclusively to the products and services offered by the Company on the Website which is provided free of charge and shall not refer to any other products and services of the Company, unless otherwise provided in writing.
Subject of Terms
The provisions of the Terms and Conditions shall govern the use of the Products and Services provided in the Website as well as access, use, and any and all transactions made in the Website.
Acceptance of Terms
By proceeding to use and access the Website and the Products and Services in the Website, the User is deemed to have accepted the Terms and Conditions. The User further warrants that he/she has read and understood each and every provision of the Terms and Conditions and accepted such with full appreciation of its legal consequences. All persons who do not agree with the Terms and Conditions shall not be allowed to use or access the Website.
Personal Information
The User may be required, from time to time, to provide personal information (such as identification and/or contact details) for using the Products and Services and accessing the Website. The User undertakes and represents that any and all personal information provided herein is accurate, complete, and current at all times.
The Company shall use and process the personal information given by the User in accordance with the terms of the Privacy Policy. By voluntarily giving such personal information in using and accessing the Website, the User hereby consents to the processing of such information for lawful purposes by the Company.
Access to the Website and Use of the Products and Services
The User understands that access and use of the Website is allowed on a limited basis. The Company has the right to suspend or revoke access to the Website, or in its sole discretion, amend, suspend, or terminate the Products and Services and/or the Website. The Company shall not be liable for any damages whatsoever in case the Products and Services or the Website is not available at any time or for a period of time.
The User further agrees to use the Products or Services and the Website exclusively for purposes permitted under the Terms and Conditions, and always in accordance with the applicable laws. The User shall not misuse the Products and Services and/or the Website by introducing any malicious or harmful material to the Products and Services and/or the Website. The User shall not hack into the system nor commit piracy in the use and access of the Products and Services and/or the Website.
Content Provider
The User agrees and understands that all information found in the Website shall be the sole responsibility of the person who uploaded such content to the Website. The content may be protected by the applicable laws on copyrights, patents, trademarks and intellectual property rights.
Other Content and Links to Other Websites
The Products or Services of the Website may contain or refer to hyperlinks to other websites, resources, or content of third parties. The User acknowledges that the Company has no control over the said websites or resources and is not responsible for such website or content, and does not endorse any material in such websites or content. The User understands and agrees that the Company shall not be liable for any loss or damage arising out of or in connection with the use or reliance on such content or website. The Parties further understand and agree that it shall be the sole and exclusive obligation of the User to check the terms of use and privacy policies of such websites.
Proprietary Rights
The User acknowledges that the Company owns any and all rights, titles, and interests in and to the Products and Services, content (unless provided otherwise), and the Website. Nothing herein shall be construed to grant the User the right to use said content or the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All such rights are reserved for the Company.
License to Use
The Company grants the User a personal, worldwide, royalty-free, non-assignable, non-commercial, and non-exclusive license to use the Products and Services in the Website. The User shall not copy, modify, use for commercial purposes, use for public display, reverse engineer, decompile, extract the source code, remove any copyright or other proprietary notations, assign the license, grant a security interest over the right to use, or otherwise transfer the right to use in whole or in part of any of the Company’s rights, title, and interest over the Products and Services, the Website, and the content therein. The User shall not modify or alter, in any way whatsoever, the hard or digital copies of any of the materials downloaded or printed from the Website. The User shall not use or post any illustrations, video or audio files, or any other materials from the Website without the accompanying text or reference to the Website and/or the Company.
Disclaimer of Warranties
The User agrees that the use of the Products and Services and the Website are at the sole and exclusive risk of the User. The Products and Services and the Website are provided on an “as is” and “as available” basis.
The contents of the Website and the materials thereon are provided for general information purposes only and do not, in any way, constitute any legal or formal advice on specific matters, and reliance by the User or any third party should not be made upon as such. The Company makes no warranty whatsoever, whether express or implied, regarding the Products and Services of the Website other than what is expressly provided “as is” on the Website. The provision of the Products and Services in the Website by the Company to the User does not constitute a sales transaction and the Company disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose among others.
The Company does not represent or warrant that: (1) the Products and Services will meet the requirements of the User; (2) the Products and Services will be uninterrupted, timely, secure or free from error; (3) the defects in the Products or Services will be corrected; (4) the content or information from the Website will be accurate, reliable, complete, or current; (5) the content or information from the Website will be updated.
Limitation of Liability
To the full extent permitted by law, the Company shall not be liable to the User for any direct, indirect, incidental, special, consequential, actual, temperate, nominal, moral, exemplary, or other damages which may be incurred by the User, however, caused and under any theory of liability, including but not limited to loss of profits, loss of goodwill or business reputation, loss of data, or cost of procurement of substitute goods or services, even if the Company has been notified of the possibility of such damages.
Changes to the Terms and Conditions
The Company reserves the right to change the Terms and Conditions from time to time without prior notice to or consent of the Users. The User undertakes to check the Website regularly to take note of any changes made by the Company to the Terms and Conditions, Products and Services, and the Website. Any amendments made, as the User so warrants herein, shall be binding on the User.
Termination
The Company reserves the right to terminate or suspend the provision of Products or Services to any or all users at any time at the Company’s discretion and without prior notice to or consent of the Users. The Users may terminate or suspend the use or access to the Products and Services or to the Website at any time at the Users' discretion and without prior notice to or consent of the Company.
Governing Law
The use of this Website and the construction, interpretation, and application of the Terms and Conditions shall be governed by the laws of the Republic of the Philippines, including but not limited to Republic Act No. 8972 known as the Electronic Commerce Act.
Venue
The Parties agree to submit to the exclusive jurisdiction of the proper courts of Makati City, Philippines, with respect to any dispute or matter arising out of or connected with the Terms and Conditions. Notwithstanding the foregoing, the Parties also agree that the Company shall be entitled to apply for such reliefs made available under the law or in equity, including but not limited to injunction, in cases of material breach of covenants or warranties related to confidential or proprietary information, or to intellectual property rights, which may result in irreparable injury to the Company.