Terms of Use
Welcome to our website! This Terms of Use represents our rules with regard to acceptable use of our services and set expectations on the extent of responsibilities and obligations born by each party.
IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. The Terms of Use represents the legal agreement between you and Leechiu Property Consultants, Inc. (the “Company”). By using this website, you agree to be bound by the terms and conditions stated herein. Furthermore, you voluntarily conform and agree that you understand and have read this complete Terms of Use. Should you not agree with the Terms of Use, you should not use and desist from using the web site.
Definitions and Interpretations
“We” or “us” or “our” or “ours” refers to the Company, its subsidiaries, affiliates or any assets thereof.
“You” or “your” or “yours” or “end-user” refer to anyone accessing and using the website either as a visitor/guest or registered user.
The Clause headings do not affect the interpretation of The Terms of Use.
All rights, limitations and conditions stated in this Terms of Use are controlling between the parties. Rights, limitations and conditions not stated in this Terms of Use are without effect between the parties.
Effectivity Date
The Terms of Use shall be effective on the date when you started using the website.
Eligibility of Users
Only those who are at least 18 years of age AND both have the authority and capacity to create binding legal agreements are permitted to use the website.
Access and Rights to the Website
At any time, we reserve the sole right to provide, deny or discontinue access to anyone for any reason. While we make every effort to minimize interruptions in services, we do not make any representations regarding the availability and performance of our website or any of the websites we provide links to. The member agrees to not use the website to:
- Harm others in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Send any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary and confidential information);
- Send anything that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
- Send any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
- Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, rules, orders and regulations having the force of law; or
- “Stalk” or otherwise harass another.
Ownership, Copyrights and Trademarks
All the contents, components, rights, titles and interests in our website belong to us or our partners or clients and may not be reproduced through any means whatsoever. You are prohibited from creating derivative works or gathering data from our website through any means whatsoever. We and our partners or clients reserve the sole right to create, update or delete such content.
You agree that all title, including but not limited to copyrights and trademarks, in and to the website, as well as its contents, and any or all copies thereof are owned by us, our partners or clients, subsidiaries and affiliates. All title and intellectual property rights in and to the website which may be accessed through use of the website is our property and may be protected by applicable copyright or other intellectual property laws and international treaty provisions. This Terms of Use grants you no right whatsoever to use such content. You shall not remove, modify or alter any patent, copyright or trademark notice from any part of the website. We reserve all rights not expressly granted.
Disclaimer of Warranties, Representations and Conditions
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
(c) ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US OR OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERM OF USE.
(e) YOU ACKNOWLEDGE THAT AS VIRUSES ARE FREQUENTLY CREATED AND DISTRIBUTED, THE ANTIVIRUS COMPONENT OF THE WEBSITE IS INTENDED TO DETECT ONLY SPECIFIC KNOWN VIRUSES AND SOME UNKNOWN VIRUS BEHAVIOR PATTERNS. THERE IS NO WARRANTY THAT THE WEBSITE WILL DETECT ALL VIRUSES PRESENT ON OR SENT TO YOU, YOUR NETWORK OR EMAIL SERVER; YOUR RESPONSIBILITIES INCLUDE TO ENSURE YOU HAVE SUFFICIENT BACK-UP SYSTEMS IN PLACE.
Limitation of Liability
We shall not be held liable for any damages, whether actual, indirect, special, incidental, or other damages based on contract, tort, or otherwise, including but not limited to consequential lost profits, business interruption, goodwill, use, lost information, or other tangible or intangible losses, loss of data etc.
We shall have no liability with respect to the content of the website or any part thereof, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Further, we shall have no liability with respect to any harm that may be caused by the transmission of a computer and internet virus, malware, trojans and other harmful computer and internet programs.
Indemnity
You agree to release, indemnify and hold us, including our officers, agents, and employees, partners, clients, subsidiaries, and affiliates, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the use of the website or violation of this Terms of Use, or of any rights of another.
If we are threatened with any action or suit by any party, you hereby agree and undertake to indemnify us; your failure to provide said undertaking may be considered by us to be a breach of this Terms of Use and may result to a reasonable legal action against you. This indemnification will survive the termination of this Terms of Use.
Severability
Should any provision of this Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining valid and enforceable provisions shall continue in full force and effect.
Governing Law and Jurisdiction
This Terms of Use shall be governed by the laws of the Philippines and shall inure to our benefit or to the benefit of our partners, subsidiaries or affiliates. Should there be any disputes with regard to this Terms of Use, you agree that such disputes shall be exclusively filed before the proper court of Makati City, Philippines. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or this Terms of Use must be relayed to us within one (1) year after such claim or cause of action arose. Otherwise, the said claim or cause of action is considered waived.
