TERMS AND CONDITIONS

IMPORTANT: Please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

By using the Software or the Application, you agree that:

1. You will only use the Service for lawful purposes;
2. You will only use the Service for the purpose for which it is intended to be used;
3. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
4. You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake orders;
5. You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
6. You shall not contact the third party vendors for purposes other than the Service;
7. You will not impair the proper operation of the network;
8. You shall not intentionally or unintentionally cause or attempt to cause damage to the third party vendors;
9. You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
10. You will not copy, or distribute the Software or other content without written permission from the Company;
11. You will only use the Software and/or the Application for your own use and will not resell it to a third party;
12. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
13. You will provide the Company with proof of identity as it may reasonably request or require;
14. You acknowledge and agree that only one (1) account can be registered on one mobile number;
15. You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
16. You will only use an access point or data account which you are authorized to use;
17. You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
18. You are aware that when placing an order or communicating with the vendor via SMS or use of the Service, standard telecommunication charges will apply;
19. You shall not impair or circumvent the proper operation of the network which the Service operates on;
20. You agree that the Service is provided on a reasonable effort basis; and
21. You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):

• To perform the Company’s obligations in respect of any contract entered into with you;
• To provide you with any services pursuant to the Terms of Use herein;
• To process your participation in any events, promotions, activities, focus groups, research & studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
• Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
• To validate and/or process payments pursuant to the Terms of Use herein;
• To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
• To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
• To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
• To respond to questions, comments and feedback from you;
• To communicate with you for any of the purposes listed herein;
• For internal administrative purposes, such as auditing, data analysis, database records;
• For purposes of detection, prevention and prosecution of crime;
• For the Company to comply with its obligations under law;
• To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
• To notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors;
• To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application. By submitting your information, you consent to the use of that information as set out in the form of submission and in this Terms of Use.

Internet Delays

THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY VENDOR BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

Taxes

You agree that this Agreement shall be subject to all applicable statutory taxes, duties, fees, charges and/or costs, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the any Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact Us

If you have any questions about these Terms, please contact us at support@maharlikart.ph.