GENERAL TERMS AND CONDITIONS
Please read these Terms carefully. Access to, and use of JCVA services (“Services”), and the JCVA website https://www.jcvassociates.ph/ (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms.
JCVA is owned and operated by JCVA Inc.
1. Terms and Conditions
1.1. The Terms contain the terms and conditions on which We supply content, products, or services available on the Website and mobile application, (the “System”) to You (the System, software, and such content, products, and services are collectively referred to herein as the “Service” or “Services”). You agree to be bound by these Terms and all applicable laws, rules and regulations and You warrant to be fully and wholly bound by these Terms in Your own free will and deed; and that You fully understand and acknowledge the contents, meaning, implications and effects of these Terms. You warrant that You would not use or access Our Services if You had any claim or reservation against any matter in these Terms. You may also be asked to click “I accept” at the appropriate place prior to Your use of access to Services. At such time, if You do not click “I accept”, You may not be able to complete such access. If You do not agree to these Terms, please refrain from using the Service.
1.2. In order to participate in certain Services, You may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
2. Changes to Terms
2.1. You undertake to periodically visit these Terms for updates. You agree to be bound by these Terms and its subsequent updates, revisions or modifications. We reserve the right to change or update these Terms, or any other of Our policies or practices, at any time. Any changes or updates will be effective immediately upon posting to the System. Your continued use of the Services constitutes Your agreement to abide by the Terms as changed. Under certain circumstances We may also elect to notify You of changes or updates to Our Terms by additional means, such as pop-up or push notifications within the Services or email.
3. Acceptable Use Policy
3.1. The Services, as well as all the copyright, trademark, patents, and other intellectual property rights in the System and any documentation, and any portion thereof, complete or incomplete remain to be the sole property of JCVA and/or its licensors. Without Our express written consent, you shall not cause the Services, its software and its documentation to be copied, reproduced, translated, exhibited, transmitted, transferred, assigned, marketed, licensed, leased, or sold in any manner or in any form.
3.2. You may not modify, reverse engineer, translate, decompile, or disassemble the System or the Services or any of its parts, derivatives, and forms.
3.3. You agree to be bound by the following acceptable use policies:
3.3.1. You agree to use any and all of the Services in accordance with all applicable laws, regulations, and other guidelines issued by government agencies.
3.3.2. You understand and agree We may require you to divulge the nature of the transaction being facilitated by your use of our Services should We determine, at Our sole discretion, that it is necessary to comply with any applicable law.
3.3.3. You agree not to use any and all of the Services for the following purposes:
220.127.116.11. To violate any law, regulation, or issuance by any competent legal authority;
18.104.22.168. To facilitate the sale of any object that is outside the commerce of man;
22.214.171.124. To facilitate transactions involving illegal drugs, drug paraphernalia and other controlled substances in accordance with applicable law;
126.96.36.199. To facilitate transactions involving the sale of products which endanger the safety, health, and well-being of individuals;
188.8.131.52. To facilitate transactions that encourage or incentivize illegal activities;
184.108.40.206. To facilitate transactions involving stolen, smuggled, or otherwise illegally acquired goods and/or services;
220.127.116.11. To facilitate transactions involving firearms, explosives, ammunition and any other weapon or accessories of the aforementioned items that are prohibited under applicable law;
18.104.22.168. To facilitate the infringement of any intellectual property right;
22.214.171.124. To facilitate Cybercrimes as defined in R.A. 10175 and other applicable laws;
126.96.36.199. To facilitate Child-Pornography as defined in R.A. 9775 and other applicable laws;
188.8.131.52. To facilitate prostitution and other sexually-oriented services;
184.108.40.206. To facilitate transactions relating to pornography;
220.127.116.11. To facilitate Money-Laundering as defined in R.A. 9160;
18.104.22.168. To facilitate a “get rich quick” schemes, pyramid schemes, or Ponzi schemes;
22.214.171.124. To facilitate bribery or corruption of public officers;
126.96.36.199. To facilitate any form of ethical, legal, or illegal hacking; and
188.8.131.52. To facilitate any form of larceny, theft, robbery, or embezzlement.
3.4. We strongly advise you to report any and all violations even perceived violations of this Acceptable Use Policy to Us at the soonest possible time. To report a violation please contact Us at email@example.com.
4. Registration and General Terms
4.1. By registering on the Services, You warrant that You have the capacity to enter into valid contracts under Philippines law and that You are residing and located in the Philippines.
4.2. You attest that all the information You provide when You register for and/or use the Services is accurate and truthful. If there are any changes to Your registration information, You are responsible for updating this information.
4.3. If Your registration information is at any time found inaccurate, Your account may be modified, suspended, or terminated and may result in Your permanent ineligibility from using the Services.
4.4. You shall be solely responsible for the accuracy and correctness of the data you input on the System while using the same.
4.5. Clearances. You warrant and represent that You have obtained all rights, releases, licenses, permits or other authorizations over the content You submit or use while using the System or the Services, including but not limited to photographs, artwork, videos, stock footage, materials, locations, or any other property or rights belonging to third parties (the “Materials”) that are required for JCVA to perform the Services hereunder, including but not limited to the display and publication of the Materials.
5. Use of the Site
5.1. We reserve the unqualified right to delete or modify any of Your posts on Our Website without need of prior notice.
5.2. You accept the risks associated with the use of a website and software such as but not limited to: failure of software, hacking of servers, failure or interruption of internet connection; the introduction of malicious software, failure of security of Your Credentials; failure of communication; service disruptions, and lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. To mitigate these risks, We will exert reasonable efforts to secure the System.
5.3. Without limiting other remedies, We reserve the right to limit or modify Your access to the Services, issue a warning, temporarily suspend, indefinitely suspend or terminate Your registration and refuse to provide the Services if:
5.3.1. You have breached the agreement or the documents it incorporates by reference;
5.3.2. We are unable to verify or authenticate any information You have provided to us;
5.3.3. We have reason to believe that the Your account may have been compromised;
5.4. We reserve the right to modify, terminate, or suspend access to the Services at any time without assigning any reason and without prior notice. We shall not be liable to You or to any other party for any damages, losses, costs, or expenses howsoever caused by or arising out of such termination or suspension.
5.5. You warrant that You will not use the Services in any illegal manner or for any illegal purpose, or in any other manner that could damage, disable, overburden or impair the service or tarnish, blemish or damage our name or reputation.
5.6. It is hereby expressly agreed upon and understood that the imposition of any access modification or termination shall be in addition and without prejudice to any and all possible liability (for any manner of damages) it may or will incur in law and in equity.
6.1. You acknowledge and agree that We are not responsible or obligated to mediate or interfere in any of the disputes between You and another user of the Services.
6.2. We disclaim any and all warranties as to the fitness for a particular purpose, truth, accuracy, completeness, express or implied, of any content conveyed to You through the Services.
7. Limitation of Liability
7.1. In no event will We be liable to you, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including, without limitation, damages for lost revenue, profit, or business arising out of or relating to the Services.
7.2. The Service is provided “AS IS” and with all faults, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Service is free of defects or is suitable for any particular purpose. In no event shall We be responsible for loss or damages arising from the installation or use of the Service, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
7.3. In any case, Our total liability (whether in contract, warranty, tort, or otherwise) arising out of or relating to this Agreement shall not exceed the amounts already and actually paid by You to Us (for the Services) in the twelve (12) months preceding the filing of the complaint.
7.4. You agree to authorize Us to make deductions from any amounts JCVA may owe You from time to time, up to the amount You owe Us. Whether or not We elect to make any set-off in whole or in part, if We could not recover by means of set-off the full amount You owe Us, You agree to pay the unpaid balance immediately.
8.1. You will fully indemnify, defend, and hold Us harmless from and against any and all claims, judgments, costs, awards, expenses (including reasonable attorneys’ fees) and liabilities, and damages of any kind arising out of or related to: (a) your breach or alleged breach of this Terms or any representation, warranty, and/or covenant made by you; and (b) any breach or alleged breach of any applicable laws by you or any of your representatives.
8.2. You unconditionally undertake to defend Us in all kinds of proceedings, hold free and harmless, and fully indemnify and the Related Parties from any and all claims, suits, actions, liabilities, losses, damages, fees, taxes, penalties, charges and expenses related to or arising from your relationship or engagement with Us, including the use or access of the Services and these Terms and future revisions thereof.
9. Intellectual Property Rights
9.1. You acknowledge and agree that the materials on the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Us, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties and/or conventions.
9.2. The Service may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted to us by third parties. You shall not reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Service are provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
9.3. We reserve all rights not expressly granted herein to the Service and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials therein.
9.4. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content 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 Service, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Service, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
9.5. You further agree not to reproduce, duplicate or copy content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed in the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
9.6. Our intellectual property rights to our resources in any of its forms, including Our logo, belong to us and may not be used without our express written consent.
10. Dispute Resolution
10.1. All disputes arising out of, relating to, or in connection with these Terms or Your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that You and JCVA are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration will be initiated solely through the Philippine Dispute Resolution Center, Inc. (“PDRCI”). Notwithstanding the foregoing, We may choose to bring an individual action in court. This arbitration agreement will survive the termination of Your relationship with Us.
10.2. These Terms shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of laws provisions.
11. General Terms
11.1. All the provisions of the Terms are subject to all applicable Philippine laws, regulations, rules, or requirements of the Government of the Philippines or agencies of said government, and in the performance of the agreement, each of the parties hereto agrees to comply therewith.
11.2. We reserve the right to report User activities to other Users, to the relevant authorities, or to third parties.
11.3. These Terms constitute the entire agreement between You and JCVA concerning the System and the Services, and supersedes all prior communications or agreements, written or oral, and is intended to be a complete and exclusive statement of the terms and conditions between the parties.
11.4. We will not be liable to You for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by Us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Our reasonable control.
11.5. If We delay exercising or fail to exercise or enforce any right or interest available to Us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
11.6. We will not be liable to You for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by Us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Our reasonable control.
11.7. In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
11.8. Applicable laws require that some of the information or communications We send to You should be in writing. When using the Services, You agree to transact with Us electronically, and that communication with Us will be mainly electronic. We may contact You by e-mail or provide You with information by posting notices on the Services. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.
11.9. Unless otherwise specifically indicated, all notices given by You to Us must be sent to <firstname.lastname@example.org>. We may give notice to You at the email address You provide to Us when You register. Notice will be deemed received and properly served immediately when posted on the Services or when an email or other electronic communication is sent including SMS to the phone number You registered in the Form. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified e-mail address of the addressee.
11.10. To the extent that the parties are permitted under these Terms to initiate litigation in a court of law, both You and JCVA agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively the courts of Quezon City, Philippines, to the exclusion of all other courts. You and JCVA consent to the personal jurisdiction of said courts.
11.11. If any of these Terms is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms without affecting the validity, efficacy, and enforceability of all the other provisions.