Please read carefully the Terms of Service governing the use and access of the UNIFIED application and its services. By accessing, browsing, or using the application, you shall be deemed to have consented to all the terms and conditions herein. If you are not agreeable to any of the Terms herein, please do not access or use this application.

Segments of this application which are secured by passwords are restricted to registered members only.

If you are a minor (below 18 years old), you must first obtain consent from your parent(s) or legal guardian(s) their agreement to these Terms of Service and that they take responsibility for i) all your activities in this application; (ii) any and all charges from your use of any of the products and services; and (iii) your acceptance and compliance with these Terms of Service. If you do not have consent from your parent(s) or legal guardian(s), please do not access or use this application.

All members and customers agree to comply with the guidelines, policies, procedures, rules, regulations and instructions on the use and access of this application. This includes any amendments which may be employed from time to time. UNIFIED reserves the sole right to revise these guidelines, policies, procedures, rules, regulations and instructions at any time which will bind all members and customers once they are published on this application.

All members and customers agree not to perform the following:

• impersonate any person or entity or to falsely state or otherwise misrepresent affiliation with any person or entity;
• use this application to defraud or to engage in illegal purposes;
• attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to this application;
• post, promote or transmit through this application any of the following that includes:
  • computer virus, malware, spyware or computer program or software designed to invade or damage any part of this application;
  • third-party Intellectual Property or any other proprietary rights;
  • defamatory, libelous or threatening material or content;
  • obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal material or content under applicable law/s; and/or
  • material or content that may be construed as offensive and/or otherwise objectionable, in the sole opinion of UNIFIED.
• interfere, disrupt or with another member or guest’s use and enjoyment of this application;
• use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt this application or damage or interfere with the operation of another member or customer’s computer or mobile device, or this application; and
• use this application for purposes other than those that conform with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

UNIFIED may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, any service in this application and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing this application.

UNIFIED reserves the right to:

• monitor, screen or otherwise control any activity, content or material on this application. UNIFIED may in its sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems necessary and appropriate;
• prevent or restrict access of any member or customer;
• report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
• request and be provided with any information and data from you in connection with your use of this application at any time and to exercise this right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

In addition to these Terms of Service, the use of specific aspects of this application may be subject to additional terms and conditions from our partners, contractors or sub-contractors, which will apply in full force and effect.

Use of this application is limited to members or customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Members and customers who have breached or are in breach of the terms and conditions contained herein and members or customers who have been permanently or temporarily suspended from use of any of this application may not use the application.

Members and customers agree:

• to access and/or use this application only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity herein in good faith; and
• to ensure that any information or data posted or caused to appear on this application is accurate and agree to take sole responsibility for such information and data.

All prices are subject to taxes, unless otherwise stated. UNIFIED reserves the right to amend the prices at any time with prior notice.

Username/Password

This application is made available only upon registration as a member with UNIFIED and upon providing personal information, which includes but not limited to name, e-mail address, address, contact number, date of birth, gender, IP address, device information. We may at any time in our sole and absolute discretion, request that you update your personal information or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. Customers and members hereby agree to change their password from time to time and to keep the username and password confidential and shall be responsible for the security of their account and liable for any disclosure or use (whether such use is authorized/ intended or not) of the username and/or password. All customers and members should notify UNIFIED immediately if they have knowledge that or have reason for suspecting that the confidentiality of their username and/or password has been compromised or if there has been any unauthorized use of the username and/or password or if their personal information needs to be updated.

Use/ Access of Application

As a customers and registered members, you agree and acknowledge that any use of this application and any information, data, communication, material or content referable to you, your username and password shall be deemed to be, as the case may be:

• accessed by you in the application; or
• used by you to validly post, transmit, encode or transact information or data

Ownership

UNIFIED and its Intellectual Property, including but not limited to copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights, are owned, licensed to or controlled by UNIFIED. UNIFIED reserves the right to enforce its Intellectual Property to the fullest extent of the law.

Restricted Use

No part or parts of this application may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of UNIFIED.

Trademarks

The trademarks, which includes but are not limited to trade names, service marks, trademarks, designs, logos, emblems, slogans, signage, and indicia of origin of UNIFIED, including without limitation to marks “UPS”or “UNIFIED” and such as other trade names, service marks and trademarks, are registered and unregistered trademarks of UNIFIED. Nothing on this application and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other application) any trademarks displayed on this application, without the written permission of UNIFIED or any other applicable trademark owner.

No Representations or Warranties

In no event will UNIFIED be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if UNIFIED has been advised of the possibility of such damages. UNIFIED’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to UNIFIED for the service prior to the initial action giving rise to liability.

Without prejudice to the generality of the foregoing, the Application does not warrant:

• the completeness, accuracy, timeliness, commercial value or adequacy of any and all information contained in the Application;
• that the Application will be available in an uninterrupted manner, and secure or free from any error or omission, or that any identified defect will be corrected;
• that the Application is free from any computer virus, malware or other malicious, harmful or corrupting code, agent, program or macros;
• the security of any information or communication you transmit or receive through the Application, and you acknowledge that any information or communication you transmit or receive through the Application may be accessed by unauthorized third parties and/or disclosed by the Application, the Company, its officers, directors, employees or agents to third parties purporting to be you or to act under your authority. Any information or communication transmitted by and to the Application through the internet or electronic mail may be subject to interruption, transmission blackout or delay due to internet traffic or incorrect transmission due to the public nature of the internet.

Exclusion of Liability

UNIFIED, its officers, directors, employees or agents shall not be liable to you for any losses, suits, actions of whatever cause (regardless of the form of action) arising directly or indirectly from:

• your access, use and/or inability or delay in access or use of the Application;
• use or reliance on any information or communication on the Application. You acknowledge that any information and communication you use or rely on from the Application shall be first independently be verified by you;
• any failure of the Application, its servers or connection, including errors, omissions, transmission delays or interruption, computer virus, or other malicious, harmful or corrupting code, agent, program or macros; and
• your use or access to any other third party application or webpage linked to this Application, even if UNIFIED, its officers, directors, employees or agents may have been notified or advised of, or otherwise might have anticipated the possibility of the same.

Risks

UNIFIED shall not be liable for any misunderstanding, error, damage, expense, loss resulting from your use of the Application.

Hyperlinks

For the convenience of customers, guests or members, UNIFIED may include hyperlinks to other applications or content on the internet that are owned or operated by third parties. Such linked applications or content are not under the control of UNIFIED and as such is not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked application. Any hyperlinks to any other applications or content are not an endorsement or verification of such applications or content and customers, guests and members agree that their access to or use of such linked applications or content is entirely at their own risk.

Promotions

UNIFIED may attach banners, java applets and/or such other materials to this application for purposes of promoting our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, customers, guests and members shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

Consent to Email Communication

Customers and members agree to give full, free, and unequivocal consent and authority to the collection, processing and use by UNIFIED of any information they provide (including personal information) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this clause shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

Consent to Disclosure to Government Agencies

UNIFIED may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. Customers, guest and members acknowledge and understand that UNIFIED is not required to contest any demand made by an (government) authority for such information.

Termination by UNIFIED

In its sole and absolute discretion, UNIFIED may with immediate effect and upon giving notice, terminate the use and access of customers or members to this application. UNIFIED may bar access to the application (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Service or where if UNIFIED believes that such customer or members have violated or acted inconsistently with any terms or conditions set out herein, or if it is deemed by UNIFIED or by any regulatory authority, that it is not suitable to continue providing access to this application.

Notices from UNIFIED

All notices or other communications are given to customers or members if:

• communicated through any print or electronic media as UNIFIED may select will be deemed to be notified to customers or members on the date of publication or broadcast; or
• sent by post or left at your last known address will be deemed to be received on the day following such posting or on the day when it was so left.

Notices from Customers or Members

Customers or members may only give notice to UNIFIED in writing sent to our designated address or e-mail address, and UNIFIED shall be deemed to have received such notice only upon receipt. While UNIFIED endeavors to respond promptly to notices from customers, guest or members, UNIFIED does not guarantee that response will be provided in a prompt manner.

Other Modes

Notwithstanding the two (2) immediately preceding clauses, UNIFIED may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

Cumulative Rights and Remedies

Unless otherwise provided under these terms, the provisions herein and UNIFIED’s rights and remedies under these terms are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by UNIFIED of any one right or remedy under these terms, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

No waiver

Failure of the Application to enforce any and all of its rights under these terms shall not constitute a waiver of such rights, and such failure shall not affect the right to enforce these terms. The Application shall be entitled still to make use of its rights and remedies provided herein in any other situation or circumstance where a breach of terms occurs.

Severability

Should any provision under these terms be declared illegal, invalid or unenforceable in any respect by a competent authority or jurisdiction, the legality and validity of the remaining provisions under these terms shall not be affected or impaired, and shall be continue as if the illegal, invalid or unenforceable provision/s was removed from these terms.

Rights of Third Parties

A person or entity who is not a party to these terms shall have no right under any legislation in any jurisdiction to enforce any term of these terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these terms.

Governing Law

Use of this application and these terms shall be governed by and construed in accordance with Philippine laws and customers, guests and members hereby submit to the exclusive jurisdiction of the Philippine Courts. Except as provided in the preceding sentence, any dispute, controversy, or claim arising out of or relating to this terms and conditions, or the breach, termination or invalidity thereof shall be settled through arbitration under Republic Act 9285 or the Alternative Dispute Resolution Act of 2004.

Injunctive Relief

UNIFIED may seek immediate injunctive relief if it makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

Amendments

UNIFIED may, by notice through this application or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these terms, such variation to take effect on the date UNIFIED specifies through the above means. If customers, guests or members use this application after such date, they are deemed to have accepted such variation. If they do not accept the variation, they must stop accessing or using this application and terminate these terms. UNIFIED’s right to vary these terms in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these terms.

Correction of Errors

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on UNIFIED’s part shall be subject to correction without any liability on UNIFIED’s part.

Currency

Money references under these terms shall be in Philippines Peso (PhP), unless otherwise specified.

Language

In the event that these terms are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these terms shall govern and shall take precedence over the Foreign Language Version.

Entire Agreement

These terms shall constitute the entire agreement between UNIFIED and its customers and members relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

Binding and Conclusive

Customers and members acknowledge and agree that any records (including records of any telephone conversations relating to the use of this application, if any) maintained by UNIFIED or its service providers relating to or in connection with the use and access of this application shall be binding and conclusive for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between UNIFIED and its customers, guests and members. Customers, guests and members hereby agree that all such records are admissible in evidence and that they shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and they hereby waive any of their rights, if any, to so object.

Sub-Contracting and Delegation

UNIFIED reserves the right to delegate or sub-contract the performance of any of its functions in connection with this application and reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate.

Assignment

Customers and members may not assign their rights under these terms without prior written consent of UNIFIED. UNIFIED may assign its rights under these terms to any third party.

Force Majeure

UNIFIED shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of this application’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond UNIFIED’s reasonable control.