This is 'GPS Paybiz, Inc.’s terms and conditions for the use of this website including its related site, either by third-party applications software or hardware (the “Site”). I will be required to confirm my agreement to these terms by clicking “Accept”. Otherwise, I will not be permitted to proceed to my registration, in which case, click “Do not Agree”.
I am the user of this Site, as I am either a client-user (client/customer for short) or a
business-entity user (Business for brevity), hereinafter collectively referred to as “User”.
By registering in this 'GPS Paybiz Site, I hereby agree that I will abide the terms and
conditions of the use of this Site. I expressly acknowledge that I voluntarily registered in
this Site, without force or compulsion from anyone, and it is not a result of a spam
message and/or other similar advertising. I read and understood the contents of this
terms and conditions of the use of this Site. I understand that this is subject to
amendment by the owners thereof without notice to me and I undertake to be aware of
any amendment or modification hereto. I expressly agree to respect the copyright,
trademark, service mark or other intellectual property of the owner of this Site including
all other proprietary rights as to the content, organization, design, process, compilation
and the likes, and shall not use, copy, re-produce or publish without the written consent
of the owner. I am given access to the 'GPS Paybiz Site for internal, personal and non-
commercial purpose and I shall use the same not for any other purpose. I acknowledge
that the information on the 'GPS Paybiz Main Page Site is provided "as is" for general
information only. I therefore acknowledge that the Site, its owners, partners, employees,
officers, directors, attorneys, and agents do not promise or guarantee that the content is
correct, complete, or up-to-date. There is no guarantee that the content is correct,
complete, or up-to-date for any specific circumstance or myself.
If I am a Business account, I hereby certify that I am duly authorized to do business and
the officers, employees, representative, and agents accessing or using the Site are duly
authorized to enrol the account, access and use the Services and to legally bind the
business entity to these Terms and all transactions conducted under my username and
password.
I agree that I will hold harmless the owner, employees, contributors and volunteers from
all claims or damages whether actual or indirect, incidental, consequential, special, or
exemplary damages or lost profits, arising out of or related to my access or use of, or
my inability to access or use, this Site or the information contained in this Site or other
websites to which it is linked. This includes, but is not limited to, information or materials
viewed or downloaded from this Site or another website to which it is linked that appear
to me or are construed by me to be obscene, offensive, defamatory, or that infringe
upon my intellectual property rights.
I further agree that I shall not post or transmit any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without the owner’s express
prior approval, contains advertising or any solicitation with respect to products or
services.
I understand that 'GPS Paybiz provides internet facility and webspace for Business and
client to process their financial transactions, among others (“Services”). Business listed
in this Site have voluntarily and independently registered in 'GPS Paybiz. 'GPS Paybiz
does not provide their products and services itself but merely a facility for the Business
and client to meet online and consummate their financial transaction therein.
'GPS Paybiz's Site and the Business’ services are NOT ALWAYS AVAILABLE for
emergency or urgent situations as the Business’ availability are not assured by GPZ
Paybiz.
My interaction with the Business is not intended to replace my relationship with them, if
any. 'GPS Paybiz is not an insurance product nor an affiliate or subsidiary of said
Business. 'GPS Paybiz listed Business reserve the right to deny transaction on account
of potential misuse of these Services. These Terms of Use apply to my use of the Site
and, to the extent referenced, to my registration for, subscription to, and use of the
Services.
In order to access the Site and Services, I represent and warrant that I am are at least
eighteen years of age and possess the legal right and ability, on behalf of myself and to
the entity I represent to agree to these Terms of Use, register for the 'GPS Paybiz
Services under my own name and to use the 'GPS Paybiz Services in accordance with
this Terms of Use and abide by the obligations hereunder. I agree to fully, accurately
and truthfully create my 'GPS Paybiz Account, including, but not limited to, my name,
mailing address, phone number, email and password, which become my 'GPS Paybiz ID
and credentials. I shall promptly inform 'GPS Paybiz of any loss of my account or access
to my account or unlawful or unauthorized use of my account. My 'GPS Paybiz and/or
credentials are personal to me and I am solely responsible for maintaining the
confidentiality of my 'GPS Paybiz ID and credentials, and for all activities that occur
under such 'GPS Paybiz ID and credentials. I agree to prohibit anyone else from using
my 'GPS Paybiz ID and credentials and I agree to immediately notify 'GPS Paybiz of any
actual or suspected unauthorized use of my 'GPS Paybiz ID or credentials or other
security concerns of which I become aware.
In order to determine my compliance with these Terms of Use we reserve the right, but
not the obligation, to monitor my access to and the use of the site and the Services.
'GPS Paybiz may, in its sole discretion, refuse to provide care for actual or potential
misuse of these Services, or for noncompliance with these Terms of Use. 'GPS Paybiz
likewise shall have the right to verify my identity, with or without cause, for my own
security.
My account is strictly confidential. I shall be prohibited to lend or allow the use of my
account to another person, even with or without my consent. 'GPS Paybiz reserves the
right to suspend my account in case of violation.
'GPS Paybiz may contact me by telephone, mail or email to verify my 'GPS Paybiz
Account information. 'GPS Paybiz may request further information from me and I agree
to provide such further information to ensure that I have not fraudulently created my
Account. If I do not provide this information in the manner requested within 14 days of
the request, 'GPS Paybiz reserves the right to suspend, discontinue or deny my access
to and use of the Site and Services, until the information is provided by User to GPZ
Paybiz as requested
Please print and keep a copy of these Terms of Use. 'GPS Paybiz reserves the right to
modify the Terms of Use periodically, for any reason, and without notice. The most
current version of these Terms of Use can be accessed at any time by selecting the
Terms of Use link on the bottom of the Site. Please review the Terms of Use often so I
will be apprised of any changes made. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change to the service(s)
on our web site. Unless we expressly note otherwise, these terms incorporate and
supersede any other terms associated with the Services.
'GPS Paybiz has the right to limit, suspend, discontinue or deny my access to and use of
the Services at any time, and without notice, to anyone who violates these Terms of
Use as 'GPS Paybiz considers appropriate or necessary in its sole discretion, including
but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of
Use, or (3) the protection of intellectual property (4) use for fraud (5) violation of anti-
money laundering laws (6) cybercrimes under existing laws.
As part of the signing up process, I are required to provide us certain personal
information. Additionally, it is my responsibility to update 'GPS Paybiz as promptly as
possible with changes to my personal information so that all records are current,
complete and accurate. At any given time, I may be notified that information may be
available for my review that is considered time-sensitive, due to the e-mail address and
ceelphone number that I provided as a contact point. Please keep this in mind when
determining which e-mail address I offer as a contact point. I am obliged to provide us
the following information:
Changes in e-mail address
Change of address
Change of phone number
Change of ownership of account
Change of credit card number
Change of banking information
Change of credit card expiration date
I will also be required to provide the information and documents needed to verify my
identity. I agree to make it as specific, complete and correct such information and any
mistake by the Site and/or Business by reason of error in such information shall be my
responsibility. My 'GPS Paybiz account is created for me to enter, store and access my
personal information online, including my transactions. Any information provided
becomes part of my 'GPS Paybiz Record. I agree to provide accurate, current and
complete information about myself for my 'GPS Paybiz Record, to periodically review
and to update such information as needed to keep it accurate, current and complete.
For additional information regarding use of my 'GPS Paybiz Record, please see our
Privacy Policy. It is my responsibility to confirm any third party information, or
information. 'GPS Paybiz is not responsible for maintaining data arising from use of the
'GPS Paybiz Services. 'GPS Paybiz reserves the right to maintain, delete or destroy all
communications and materials posted or uploaded to the 'GPS Paybiz Service pursuant
to its internal record retention and/or destruction policies. Please note that it is solely my
obligation to use and disclose the information included in my 'GPS Paybiz account in
accordance with applicable laws, including, without limitation, obtaining any consents or
authorizations that may be required for my information to be shared with other Business
I selected. However, by requesting transaction through 'GPS Paybiz’s Site, I agree to
disclose the appropriate contents of my complete 'GPS Paybiz record to the Business I
selected and/or who will have transaction.
By subscribing to 'GPS Paybiz’s services I am agreeing to opt-in to the receipt of
newsletters and other information regarding common legal related topics or messages
containing specific related information, links to other related Web sites and specific
questions related to my 'GPS Paybiz Record. These communications and resources are
for general educational and informational purposes only, and should not be relied upon
as a substitute or construed, directly or indirectly, as the business of 'GPS Paybiz. Such
information is not a substitute for seeing the Business itself. The information contained
these communications and resources are compiled from a variety of sources and may
or may not be considered authored by 'GPS Paybiz. 'GPS Paybiz makes no warranty as
to the content of these materials or the information contained therein, or represents or
warrants that any particular legal action is safe, appropriate or effective for me. If I do
not wish to receive such communications, I may opt-out at any time by contacting
Customer Services.
I agree that I will not use the Services to other person or for any service that must be
provided to me by another Business as a follow up to an off-line transaction. I will not
use the Site or Services in any unlawful way and/or for any unlawful purpose. I will not
post or transmit a message under a false name, or use the network resources of GPZ
Paybiz to impersonate another person or misrepresent authorization to act on behalf of
others or 'GPS Paybiz. All messages transmitted via 'GPS Paybiz should correctly
identify the sender. I may not alter the attribution of origin in electronic mail messages or
posting. I will not allow another person or entity to use their account, username or
password to access or use the Services, or post or view comments. I will not attempt to
undermine the security or integrity of computing systems or networks of 'GPS Paybiz its
Partners, or those accessed through or with their product, and must not attempt to gain
unauthorized access. I may not harvest or collect data about any other individual who
uses the Service. I may not post or transmit any data, materials, content or information
which is threatening, false, misleading, abusive, libelous, pornographic or profane, or
that contains or promotes any virus, worm, Trojan horse, time bomb or other computer
programming or code that is designed or intended to damage, destroy, intercept,
download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the
Services. I may not tamper, hack, spoof, copy, modify, or otherwise corrupt the
administration, security or proper function of the Site or the Services. I will not use
robots or scripts with the Site. I will not attempt to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create
false results from any executable code, or information on or received by this Site. I
agree to have anti-virus and/or anti-spyware software running that is set to override the
Internet browser’s cookie setting.
I further agree that any information I provide or use on the Site, and my use of the Site
or Services will not infringe or facilitate infringement on any copyright, patent,
trademark, trade secret, or other proprietary,
'GPS Paybiz maintains the right to delete any information provided by me that it deems
in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a
copyright, trademark or other intellectual property or ownership right of any other
person.
All customer-specific information provided by me in connection with Services shall be
governed by the 'GPS Paybiz Privacy Policy. As part of these terms and conditions, I
acknowledge that I understand, have read and accept all terms and conditions
contained within the 'GPS Paybiz Privacy Policy. 'GPS Paybiz reserves the right to
terminate any account that does not include a valid email address and/or cellphone
number and/or documentary requirements on file. This must be stored in the profile for
my account on the 'GPS Paybiz system.
'GPS Paybiz reserves complete and sole discretion with respect to the operation of the
'GPS Paybiz Services. 'GPS Paybiz may, among other things withdraw, suspend or
discontinue any functionality or feature of the 'GPS Paybiz Services. 'GPS Paybiz is not
responsible for transmission errors or corruption or compromise of information carried
over local or interchange telecommunications carriers. 'GPS Paybiz is not responsible
for maintaining information arising from use of the Site or in respect of the Services.
'GPS Paybiz reserves the right to maintain, delete or destroy all communications and
information posted or uploaded to the Services in accordance with its internal record
retention and/or destruction policies.
Only for the duration of being logged into my valid 'GPS Paybiz account, I are hereby
granted a non- exclusive, non-transferable temporary license, subject to the terms and
qualifications of these Terms of Use to use the Services solely for personal,
noncommercial use. The User is not granted a license or any other right to store any of
the Services (including any portion of the software or documentation) on any computer
or other device, or copy or otherwise use such information to create derivative works.
With the exception of my Electronic Records, 'GPS Paybiz retains all right, title and
interest in and to 'GPS Paybiz, the Services and any Information, products,
documentation, software or other materials on the Site, and any patent, copyright, trade
secret, trademark, service mark or other intellectual property or proprietary right in any
of the foregoing, except for Information on the Site licensed by 'GPS Paybiz, and in that
case, the Business retains all right, title and interest therein. The information available
through the Site and the Services is the property of 'GPS Paybiz, or if licensed by GPZ
Paybiz, the Business.
I agree that I will not store, copy, modify, rent, lease, loan, sell, distribute, transfer,
transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover
any programming code or any source code used in or with the Services. I may not sell,
assign, sublicense, grant a security interest in or otherwise attempt to transfer any right
in the Services (which includes its software and documentation), create derivative works
based on or in any manner commercially exploit the Services, in whole or in part. I
agree that violations by me, any other person or entity, of these copyrights, trade
secrets, patents, other intellectual property protections, or the terms of this Agreement
will be prosecuted to the fullest extent of the law. The final choice of whether a User is
in violation of any of these policies is at the sole discretion of 'GPS Paybiz. Nothing
contained on the Site should be construed as granting, by implication, estoppels, waiver
or otherwise, any license or right to use any trademarks, service marks or logos
displayed on the Site without the written grant thereof by 'GPS Paybiz or the third party
owner of such trademarks, service marks and logos. The Site may contain other
proprietary notices and copyright information, the terms of which I must and agree to
follow.
The Services are designed for and intended for all User requiring payment transactions
for certain businesses and utilities. 'GPS Paybiz makes no representation that the
information and services provided on the Site or through the Services are applicable to,
appropriate for, or available for all kinds of transactions, as the Site only provides limited
transactions as listed on the Site and nothing more.
'GPS Paybiz makes no representation or warranty as to the content of any response
from any Business accredited by it. Business are independent entities and not
companies or employees of 'GPS Paybiz. User are solely responsible for all information
and/or communication sent during the transaction. 'GPS Paybiz does not guarantee that
the Site is the appropriate course of action for my particular transaction. Furthermore,
'GPS Paybiz is not a substitute for face to face transaction with the Business. I agree to
contact my Business immediately should I need them in emergency.
'GPS Paybiz makes no warranties or representations as to the accuracy of the
information provided on the Site, and assumes no responsibility for any consequences
relating directly or indirectly to any action or inaction I take based upon the information
and material on the Site. I assume the entire risk of loss in using the Site and
information contained in the Site.
I ACKNOWLEDGE THAT MY USE OF THE 'GPS Paybiz SERVICES IS AT MY SOLE
RISK, AND THAT I ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED
THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR
PROVIDED THROUGH THIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW 'GPS Paybiz AND ITS
SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS,
EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES")
HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS.
WITHOUT LIMITING THE FOREGOING, 'GPS Paybiz AND ITS AFFILIATES MAKE
NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS,
USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE GPZ
PAYBIZ PRODUCTS AND SERVICES PROVIDED HEREUNDER. 'GPS Paybiz
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION
OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION
ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR
APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION
OFFERED OR PROVIDED THROUGH THE 'GPS Paybiz SERVICES.
'GPS Paybiz does not endorse the promotions, products, or services of any third parties.
'GPS Paybiz does not warrant or validate the information of any third party
advertisements, promotions, communications or other materials. 'GPS Paybiz does not
assume any responsibility or liability for the accuracy of information contained in this
Site or any third party web sites.
'GPS Paybiz makes no warranty that the Services will meet my requirements, or that the
Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if
any, will be corrected. This includes loss of data resulting from delays, and any service
interruption caused by 'GPS Paybiz employees. 'GPS Paybiz is not responsible for
transmission errors or corruption or compromise of data carried over local or
interchange telecommunication carriers.
'GPS Paybiz will take all necessary precautions to protect against failure of our
equipment and software. The User acknowledges and agrees that temporary
interruptions in service may occur, and that 'GPS Paybiz shall have no liability for any
claim, cost, charge, loss or expense arising from or relating to use of the Services. The
User acknowledges and agrees that data may be lost or corrupted in connection with
use of the Services. 'GPS Paybiz may perform regular back-ups of all data stored, but
shall have no liability to User in the event all data is lost or destroyed. User
acknowledges and agrees that in the event restoration of data from backup is
necessary, it may take several days to complete such restoration of data and resume
operation of the Services.
I agree to release, indemnify, defend and hold harmless 'GPS Paybiz, our contractors,
agents, employees, officers, directors and affiliates (Affiliates) harmless from all
liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether
in law or in equity), expenses, including attorney's fees, of third parties relating to or
arising, directly or indirectly, out of or in connection with (i) my use or misuse of the Site
or the Services or any information posted on the Site, (ii) my subscription, (iii) My
breach of the Terms of Use or the Privacy Policy, (iv) my relationship with any Business,
(v) the content or subject matter of or any information I provide to 'GPS Paybiz, any of its
Affiliates, any Business or customer service agent, and/or (vi) any negligent or wrongful
action or omission by I in the use or misuse of the Site or the Services or any
information posted on the Site, including, but not limited to, infringement of third party
intellectual property rights, privacy rights, or negligent or wrongful conduct. If and when
'GPS Paybiz is threatened with suit by a third party, 'GPS Paybiz may seek written
assurances from me concerning my promise to indemnify it; my failure to provide those
assurances may be considered by us to be a breach of my Terms of Use and may
result in deactivation of my 'GPS Paybiz account Service(s).
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
'GPS Paybiz SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF
THE INDEPENDENT BUSINESS.
I SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO GPZ
PAYBIZ AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA,
OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES
CAUSED BY ME OR ANY PERSON USING MY USER NAME OR PASSWORD.GPZ
PAYBIZ DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF
ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR
MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR
GUIDELIENES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL 'GPS Paybiz NOR ANY OF ITS AFFILIATES BE LIABLE FOR
ANY DIRECT DAMAGES IN EXCESS OF (i) THE AMOUNT OF PLATFORM/SERVICE
FEE INVOLVED, OR (ii) IN THE EVENT NO SERVICE FEE WAS PAID OR
REQUIRED, THE LIQUIDATED SUM OF PHP 1,000.00. IN ADDITION, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 'GPS Paybiz NOR
ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT,
INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i)
PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS,
INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE,
THEFT, DESTRCUTION OR UNAUTHORIZED ACCESS TO 'GPS Paybiz RECORDS,
PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY,
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR
FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY
SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION
CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS
WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF 'GPS Paybiz IS
ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT
CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF
LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO
THE EXTENT OF SUCH RESTRICTIONS. I ACKNOWLEDGE AND AGREE THAT
IKOMSULTA’S AGGREGATE LIABILITY TO ME FOR ANY DAMAGES, LOSSES,
FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE
THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE
SHALL NOT EXCEED THE SERVICE FEE PAID BY ME PRIOR TO THE FIRST
OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES,
EXPENSES OR LIABILITIES.
I AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS
THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
The Indemnification and Disclaimers provisions set forth above are for the benefit of
'GPS Paybiz, and its Affiliates. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against me on its own behalf.
'GPS Paybiz may terminate Services at any time, without penalty and without notice, if I
fail to comply with any of the terms of these Terms or Use, or the intellectual property
protections applicable to these Services (Defined Above). 'GPS Paybiz may also seek
legal prosecution of any violations of law or these Terms of Use and I agree to personal
jurisdiction by the municipal and/or regional trial courts in Mandaluyong City. Upon
notice of termination of Services by 'GPS Paybiz to me via contact e-mail to my GPZ
Paybiz account and contact e-mail account provided in User's personal information, or
voluntary termination of service by User, 'GPS Paybiz has the right to delete all data,
files, or other information that is stored in the User's account for any reason. The
Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with
Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive
termination of this Agreement.
I agree that I am solely responsible for all administrative fees, subscription fees and
consultation fees for Services, pursuant to the schedule of subscriptions and fees set
forth on the Site. If my Business has arranged with 'GPS Paybiz to pay the fee or any
portion of the fee, or if the fee is pursuant to some other arrangement with 'GPS Paybiz,
that fee adjustment will be reflected in the fee that I am ultimately charged. Please
check with my Business to determine if any Services are covered. 'GPS Paybiz reserves
the right to modify its' pricing structure at any time and implement the new price
structure at any time prior to billing me for my initial payment or for future payments due
pursuant to these Terms of Use. I understand that Services may not be provided or
scheduled consultations cancelled if my credit card information is inaccurate or invalid.
'GPS Paybiz may charge a fee if I fail to attend or cancel an appointment in accordance
with any stated cancellation policy.
The calendar as seen on the Site is based on Philippine Standard Time. If a User is
outside of the time zone it is that User's responsibility to accommodate for this
difference. Notwithstanding anything herein to the contrary, 'GPS Paybiz shall not be
liable for any losses arising out of the delay or interruption of its performances of any
obligations due to any act of God, act of governmental authority, act of public enemy,
war, severe weather conditions, or any other cause beyond its control.
Unless expressly stated in these Terms of Use or in the Privacy Policy to the contrary,
nothing herein or in the Privacy Policy is intended to confer any rights or remedies
under these Terms of Use or the Privacy Policy on any other persons other than me,
'GPS Paybiz and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is
intended to relieve or discharge the obligation or liability of any third persons to any of,
'GPS Paybiz or its Affiliates, nor shall any provision give any third persons any right of
subrogation or action over or against me, 'GPS Paybiz or its Affiliates.
I may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any
part of them without 'GPS Paybiz’s prior written consent. 'GPS Paybiz may freely
transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy,
and any rights and duties hereunder or thereunder. These Terms of Use and Privacy
Policy will be binding upon and inure to the benefit of the heirs, successors and
permitted assignees of the parties.
By accepting these Terms of Use, I acknowledge that I understand, have read, and
agree to the provisions outlined in the Privacy Policy, which is incorporated herein and
made part of these Terms of Use by reference.
These Terms of Use and the Privacy Policy shall be governed by and construed in
accordance with the laws of the Philippines, without giving effect to any choice of law
rules or principles. Any civil action or legal proceeding arising out of or relating to these
Terms of Use or Privacy Policy shall be brought in the applicable municipal and/or
regional trial court of Mandaluyong City. Each party consents to the jurisdiction of such
court in any such civil action or legal proceeding and waives any objection to the laying
of venue of any such civil action or legal proceeding in such court. Any cause of action
or claim I may have with respect to 'GPS Paybiz must be commenced within one (1)
year after it arises, except to the extent such limitation is not enforceable. To the fullest
extent permitted by law, each party to this Terms of Use waives its or his or her right to
a jury trial with respect to any dispute or other controversy arising from hereunder or my
use of or access to the 'GPS Paybiz Services or web site.
If any civil action or other legal proceeding is brought for the enforcement of any of
these Terms of Use or the Privacy Policy or because of an alleged dispute, breach,
default or misrepresentation in connection with any provision of any of these Terms of
Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled
to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses
even if not taxable as court costs (including, without limitation, all such fees, taxes,
costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment
proceedings), incurred in that proceeding, in addition to any other relief to which such
party or parties may be entitled. Attorneys' fees shall include, without limitation,
paralegal fees, investigative fees, administrative costs, sales and use taxes and all
other charges billed by the attorney to the prevailing party (including fees and costs
associated with collecting such amounts).
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or
enforce strict performance of any provision of this Terms of Use, shall not be considered
waiver thereof, which can only be made by signed writing. No single waiver shall be
considered a continuing or permanent waiver.
The provisions of this Terms of Use are severable, and in the event any provision
hereof is determined to be invalid or unenforceable, such invalidity or unenforceability
shall not affect the validity or enforceability of the remaining provisions, but such
provision shall be reformed, if reasonably possible, only to the extent necessary to
make it enforceable.
'GPS Paybiz has a strict zero tolerance for unsolicited bulk email, unsolicited posting to
news groups or other illegal activities. I shall not use or permit any my employees,
agents or affiliates to: market, promote or solicit 'GPS Paybiz products in ways that
violate any laws of the Philippines. I shall not, infringe the rights of others, shall not
distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate
computer worms or viruses; use a false identity; attempt to gain unauthorized entry to
any site or network; infringe copyrights, trademarks, or other intellectual property rights.
I further agree to comply with PH export laws concerning the transmission of technical
data and other regulated materials via the Worldwide Web. I agree to indemnify and
hold 'GPS Paybiz and its Affiliates harmless for any and all acts found or suspected to
be in violation hereof. I shall indemnify and hold 'GPS Paybiz and its Affiliates harmless
against and from losses, damages, costs, and reasonable attorneys' fees, if any,
incurred in defending and/or resolving any suits brought against 'GPS Paybiz or any of
its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules,
regulations, laws, statutes, and the like. My account will be terminated for any of the
above infractions.
'GPS Paybiz may provide notice by e-mail to the e-mail address I provided during the
registration, by a general notice on the 'GPS Paybiz Web site, or by written
communication delivered by first class PH mail or express courier to my address on
record in the 'GPS Paybiz account information. I may give notice to 'GPS Paybiz at any
time via electronic mail to info@ 'GPS Paybiz.com.
These Terms of Use, together with any 'GPS Paybiz rules or policies referred to herein,
represents the entire agreement between me and 'GPS Paybiz concerning the subject
matter hereof, and supersede all prior understandings, whether written or oral,
concerning such subject matter. 'GPS Paybiz may modify this Terms of Use as set forth
above.
'GPS Paybiz welcomes comments, suggestions and submissions by its User. Any
comments, suggestions and submissions made by User, including but not limited to,
messages, notes, feedback, artwork, communications, computer code or creative
materials provided to 'GPS Paybiz shall become the exclusive property of 'GPS Paybiz.
At the time the comment, suggestion, and/or submission is made it shall act as a full
assignment to 'GPS Paybiz of all rights whatsoever (copyright, patentability, and
intellectual property). 'GPS Paybiz shall have the right to use said comment, suggestion,
and/or submission as its own for all legal purposes including but not limited to
reproduction, disclosure, publishing, distribution and the like without any compensation
to User.
