It is your responsibility to check the Site periodically for changes. Your continued access to the Site following the posting of any changes to these Terms constitutes your acceptance of such changes.
By using, accessing or browsing the Site, you are also declaring and warranting that you are at least eighteen (18) years old. The Site, through its administrators, agents or representatives, reserves the right to use any and all available means to verify your age and identity with any third-party providers of information, and may use such information and any available means to restrict your access to the Site.
If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the same, do not access or use the Site.
The Site contains text, graphics, video, music, software and other content (“Content”) and we make no warranty against typographical errors, inaccuracies, omissions or other inadvertent errors it may contain. We reserve the right to correct any such errors in the Content at any time without prior notice. You acknowledge and agree that the Site, including its administrators, owners, editors, writers, contributors, and any other employees, contractors, or agents (collectively, the “Administrators”) shall not be held liable in any manner or in any capacity for such errors, and you are fully responsible for your reliance thereon.
WITHOUT LIMITING THE FOREGOING, YOU SHALL NOT, EXCEPT AS OTHERWISE EXPRESSLY PERMITTED:
We reserve the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or any part thereof.
Third Party Indemnity
You agree to defend, indemnify and hold the Site and its administrators, free and harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, from any claim or demand made by any third party due to or arising from or related to your (a) use of the Site, (b) your violation of the Agreement, or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims; and in such cases you agree not to settle any matter without our prior written consent.
Disclaimers and Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL ITS CONTENTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (WHICH FOR THE PURPOSES OF THIS SECTION, SHALL REFER TO THE SITE, ITS ADMINISTRATORS, AGENTS, CONTRACTORS, SUPPLIERS AND PARTNERS, IF ANY) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS OR THOSE OF YOUR SYSTEM OR DEVICE; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET (INCLUDING ANY SUCCESSOR SYSTEMS), WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION OR AS MAY BE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION OR OTHER UNAUTHORIZED ACCESS OR USE BY THIRD PARTIES SUCH AS HACKERS; WE ASSUME NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT. WE SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY PORTION OF THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE SITE OR DOWNLOADING MATERIALS.
YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, ANY CONTENT POSTED ON OR THROUGH THE SITE, OR CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. WE CAN, AT ANY TIME, MODIFY, EDIT, OR DELETE ANY CONTENT DISPLAYED ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. SOME AREAS OF THE SITE MAY OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY OR MAY NOT BE AFFILIATED WITH THE SITE; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND SHOULD NOT BE REGARDED AS TREATMENT OR REMEDY FOR ANY INDIVIDUAL CIRCUMSTANCE. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE MAXIMUM AMOUNT OF ONE THOUSAND PESOS (PHP 1,000.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT THIRD PARTY SUPPLIERS AND PARTNERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.
By using the Site you may have access to tools which we may neither monitor nor have any control nor input over. You acknowledge and agree that such access to these tools is on an “as is” and “as available” basis without any warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of such tools. Any use by you of these tools is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Any new features, tools and/or services accessible via the Site shall also be subject to these Terms.
Third Party Content
The Site may display or contain links to websites, services, advertisements, or other content owned, manager, uploaded, or operated by third parties (collectively, “Third Party Content”). As we do not monitor nor control such Third Party Content, we are not responsible for their content. Such Third Party Content appears on the Site for reference and for convenience only. We do not review, approve, warrant, endorse, or make any representations with respect to the content and material of the Third Party Content, and do not have control over any changes the applicable third party may make to its uploaded content. Unless expressly disclosed by us, any sponsorship, affiliation or association with its owner, operator or sponsor, or inclusion of the links does not imply that we are authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website. You use all Third Party Content at your own risk. When you click or access a link to a Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Content. Complaints, claims, concerns, or questions regarding Third Party Content should be directed to such third party.
The terms and conditions governing specific paid content and transactions (“Paid Content”) available through the HelixPay Sites are as reflected on the product description and information provided upon accessing the HelixPay Sites, which may be modified at any time prior to purchase, upon our sole discretion. By purchasing the Paid Content, you are deemed to have accepted such terms and conditions (“Paid Content Terms and Conditions”). Any ambiguity in the Paid Content Terms and Conditions shall be resolved by Viva Communications, Inc. in its sole and absolute discretion.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may: (a) suspend or limit your rights to use or access the Site or (b) terminate the Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of the Agreement, your right to access and use the Site will be terminated. We will not have any liability whatsoever to you for any termination of the Agreement and restriction of your right to use the Site, including any restriction based on your device’s Internet Protocol (IP) address or other similar identifier.
Unless otherwise noted or acknowledged, all materials and content including without limitation, logos, names, brand names, images, designs, photographs, video and audio clips, written work, and other materials that appear as part of the Site are copyrights, trademarks, service marks, and/or other intellectual property whether registered or unregistered (collectively, “Intellectual Property” owned, controlled or licensed by Viva Communications, Inc., or its affiliates and subsidiaries. The Site as a whole is protected by copyright and relevant laws. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. We may aggressively enforce such intellectual property rights to the fullest extent of the law. The names and logos of VMX and the Site, may not be used in any way, including in advertising or publicly pertaining to distribution of materials on our websites, or as part of a link to or from any website unless with our prior written permission and approval. Fair use of Intellectual Property requires property acknowledgement. Other Intellectual Property contained or featured in the Site may be the property of their respective owners.
If you believe your copyright has been infringed, please notify us immediately at:
Mailing address: 7th Floor – East Tower, Tektite Towers, Exchange Road, Ortigas Center, Pasig City
E-mail address: email@example.com
and provide us with the pertinent information such as:
We may give notice to our users that we have received a notice of infringement by means of a general notice on our Site, or post on our social network page/s.
The Agreement constitutes your entire agreement with us regarding your use of the Site. You (on behalf of yourself or the entity that you represent) explicitly and implicitly agree, and you represent and warrant that you have the right, authority, and capacity to enter into this agreement with us (on behalf of yourself or the entity that you represent) and to be bound by the Agreement each time you access the Site. If you do not wish to be bound, and do not agree with all of the provisions of the Agreement, please do not use or access the Site. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either party the agent of the other, or authorize either party to make or enter into any commitments for or on behalf of the other. The Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontracting, delegation, or transfer in violation of the foregoing will be null and void. The terms of the Agreement shall be binding upon assignees.
The Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Philippines. All matters, claims or disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Pasig City.