Terms & Conditions

Terms & Conditions

AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the
PHILCLASSIFIEDS site. YOUR USE OF THE PHILCLASSIFIEDS SERVICES INDICATES
YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET
HEREINAFTER.
PhilClassifieds is owned and operated by PhilClassifieds Ltd. All references to PhilClassifieds
below and herein apply equally to PhilClassifieds Ltd.

TERMS AND CONDITIONS
a. You agree to familiarize yourself with the Terms of Service, and shall abide by them if you
choose to use the sites, or accept the services or benefits, to which such terms apply.
b. Please note, PhilClassifieds is for the use of private individuals and paying commercial
partners of PhilClassifieds.
c. Companies or individuals deemed to be acting in a commercial sense rather than merely as
private sellers/advertisers, will be contacted to become commercial partners or risk
removal from the website.

MEMBER CONDUCT
a. You agree to abide by all applicable local, national, and international laws and regulations
regarding your use of our service.
b. You agree to not place ads regarding obscene publication, adult services and sex products,
or adult sex-related content in any shape or form. You further agree to not place ads that
contain slanderous or derogatory comments or content, including but not limited to those
that incites sedition or terrorism.
c. Classified ads that violate these terms of service and/or our spam policy will be
automatically deleted and your account will be closed without warning nor refund.

SERVICE
a. PHILCLASSIFIEDS does not have the responsibility of reading and monitoring all listings
and advertisements.
b. At its sole discretion, PHILCLASSIFIEDS reserves the right to remove any listings or
advertisements for whatever reason. However, with respect to commercial partners, the
latter shall be notified of the reason of such removal. Should PHILCLASSIFIEDS finds
sufficient reason not to delete said listing or advertisement, PHILCLASSIFIEDS shall
allow the commercial partners to repost the same listing or advertisements.

MEMBERSHIP ELIGIBILITY
a. Our services are only available to individuals who has legal capacity to enter into legally
binding contracts.
b. Minors may avail of the services provided a parent/legal guardian is duly supervising them.
Such parent or guardian shall be liable to any act of the minor.
c. By using this site, you warrant that you are at least eighteen (18) years of age.
d. You warrant that the information you provide to us is complete, valid, and true. If you
provide any information that is untrue, not current or incomplete, or PHILCLASSIFIEDS
has reasonable grounds to believe that such information is untrue, not current or
incomplete, PHILCLASSIFIEDS has the right to refuse or prohibit your use of the site.
e. You shall only upload content that belongs solely to you. You agree that you shall not
upload any content that may constitute infringement of copyright or trademark of another.
f. Your account and User ID shall not be transferred or sold to any third party and shall be
kept confidential.
g. With respect to other users’ personally identifiable information that you may obtain
through the Site or through a PHILCLASSIFIEDS’ related communication or
PHILCLASSIFIEDS-facilitated transaction, PHILCLASSIFIEDS hereby allows you use
such information only for the sole purpose of PHILCLASSIFIEDS related communications
that are not unsolicited commercial messages and for completing the transaction in
question within the site.

PAYMENT FOR PURCHASES BETWEEN BUYERS AND SELLERS
a. Any purchases made by a consumer shall be made directly to the Seller. Thus,
PHILCLASSIFIEDS is not a privy or involved in the payment transaction between the
Consumer and Seller.
b. PHILCLASSIFIEDS has nothing to do and shall not be responsible for setting payment
terms, collecting, or ensuring payments.
c. It is highly recommended that parties need to reach an agreement on the pricing and the
payment terms prior to the finalization of their transaction.

RELEASE
a. As Seller or Consumer, you hereby agree to release/waive/quitclaim whatever
claims/demands/damages (actual and consequential) of any kind and nature, known or
unknown, you may have against PHILCLASSIFIEDS (including its officers, directors,
agents, subsidiaries, and employees) arising from any (sale) transaction using the site. Any
agreements are solely between the Consumer and the Seller, and PHILCLASSIFIEDS is
not a privy to the transaction.
b. You agree that PHILCLASSIFIEDS is not involved in the actual transaction between the
Seller and Consumer.
c. You further agree the PHILCLASSIFIEDS has no control over the quality, safety, or
legality of the goods, services, or transactions offered by the seller.
d. Likewise, PHILCLASSIFIEDS has no control over payment and/or
overpayments/underpayment made by the Consumer to the Seller.
e. Thus, you understand that PHILCLASSIFIEDS cannot ensure that a transaction will be
completed or will be satisfactory to both parties.
f. PHILCLASSIFIEDS cannot and does not confirm each user’s purported identity or age.
The Seller has the discretion not to sell to a Consumer whom it suspects to be not legally
allowed to purchase an item or is a sham.
g. You take full responsibility in entering sale/purchase transactions in PHILCLASSIFIEDS.
Thus, if you have doubts on a purchase or sale, you are advised to seek the advice of a
competent legal counsel before you sign any contract. Once you sign a contract, you hereby
undertake to have fully understood what you are entering into.

CONTENTS OF MESSAGES
a. You are responsible for the contents of your messages and the consequences thereof.
b. You agree that you will not use PHILCLASSIFIEDS for chain letters, junk mail,
“spamming”, solicitations (commercial or noncommercial) or any use of distribution lists
to any person who has not given specific permission to be included in such process.
c. You further agree not to use PHILCLASSIFIEDS to send any messages or material that
are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, seditious
or otherwise constitute a criminal offense, give rise to civil liability or otherwise
objectionable material of any kind or nature or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate any applicable
local, state, national or international law or regulation.
d. PHILCLASSIFIEDS reserves the right to automatically terminate any User’s account who,
in its sole discretion, violated the foregoing provision.

ACCOUNT AND PASSWORD
a. You shall take full responsibility in keeping the confidentiality of your account name and
password.
b. You are solely responsible for all uses of your account, whether authorized by you or not.
c. You agree to immediately notify PHILCLASSIFIEDS of any unauthorized use of your
account. Only by then will PHILCLASSIFIEDS do something to stop the unauthorized use
of your account.

REGISTRATION
a. You duly agree that it is unlawful to misrepresent ownership and personal identity.
b. By registering with PHILCLASSIFIEDS, you hereby acknowledge and warrant that you
are the rightful owner of the goods and/or services being offered for sale. Thus, you
undertake to take full responsibility should it be found out that you misrepresented yourself
or you are not the lawful owner of an item you are selling. As a consequence,
PHILCLASSIFIEDS shall have the right to forward all information to the Financial Crimes
Unit, the National Bureau of Investigation, Philippine National Police, the Court or any
government policing/investigatory body in the world.

LINKS
a. The links on the PHILCLASSIFIEDS Web Site may let you leave the PHILCLASSIFIEDS
Web Site and direct you to other sites. By clicking these links, you acknowledge that the
linked sites are not under the control of PHILCLASSIFIEDS.
b. PHILCLASSIFIEDS is not responsible for the contents or operation of any linked site or
any link contained in a linked site, or any changes or any updates of such sites.
c. PHILCLASSIFIEDS is not responsible for web casting or any other form of transmission
received from any linked site.
d. PHILCLASSIFIEDS is merely providing these links for your convenience, and the
inclusion of any link does not imply endorsement by PHILCLASSIFIEDS of these linked
sites or anything associated therewith.

UNLAWFUL OR PROHIBITED USE
a. You shall not use PHILCLASSIFIEDS Web Site for any unlawful purpose. Violation of
this provision shall not only give rise to a criminal action but shall also entitle
PHILCLASSIFIEDS to file for damages against the violator.
Harvesting/Data-Mining/Scraping/Collection or Related Use of Our Data
b. You shall only use or reproduce the content on PhilClassifieds.com (and
everything/anything within it) for your own personal and NON-COMMERCIAL use
UNLESS otherwise explicitly agreed in writing with PhilClassifieds Authorized personnel.
c. The framing, scraping, data-mining, extraction or collection of the content of
PhilClassifieds.com in any form and by any means whatsoever is strictly prohibited.
d. Furthermore, you may not mirror any material contained on PhilClassifieds.com.
e. PhilClassifieds will rigorously utilize all law enforcement procedures and options to limit
any entity/individual that is engaging in scraping, harvesting, or the similar unauthorized
collection and use of our Data.
f. Note, our Data specifically means all and any content on display through
PhilClassifieds.com including and not limited to the Adverts placed by our members.

COMMERCIAL ENTERPRISES
a. PhilClassifieds holds the sole discretion to delete any adverts that are placed by commercial
businesses who are non-official partners of PhilClassifieds that may directly or indirectly
be viewed by PhilClassifieds to offer an unfair advantage over an official commercial
partner of PhilClassifieds. PhilClassifieds reserves the right to remove these adverts
without prior warning.
b. If you are unsure about what constitutes an official partner of PhilClassifieds, please
contact us directly.
c. PHILCLASSIFIEDS does not endorse or accept any responsibility whatsoever for the
content or otherwise of any adverts posted by commercial sellers that may be endorsed or
promoted by PHILCLASSIFIEDS.
d. PhilClassifieds monitors usage of the site to protect its clients and users. It shall enforce
limitations and/or block usage of the site by individuals and/or commercial enterprises that
PhilClassifieds determines, in its sole discretion, to be doing contrary to the spirit of the
site, including but not limited to excessive use of the contact forms.
e. PhilClassifieds reserves the right to restrict and/or deny access without prior warning.

RIGHTS GRANTED TO PHILCLASSIFIEDS
a. By posting messages, uploading files, inputting data, submitting any feedback or
suggestions, or engaging in any other form of communication with or through the
PHILCLASSIFIEDS Web Site, you warrant and represent that you own or otherwise
control the rights necessary to do so and that you duly grant PHILCLASSIFIEDS the
licenses set forth below.
b. You hereby grant PHILCLASSIFIEDS and its affiliated companies permission to:
1. Use, modify, copy, distribute, transmit, publicly display, publicly perform,
reproduce, publish, sub-license, create derivative works from, transfer, or sell any
such communication.
2. Sub-license to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to the communication.
3. Publish your name in connection with any such communication.
c. The foregoing grants shall include the right to exploit any intellectual property or
proprietary rights in such communication, including but not limited to rights under
copyright, trademark, service mark, or patent laws under any jurisdiction.
d. No compensation shall be paid to you nor shall PHILCLASSIFIEDS or its sub- licensee’s
be liable for the use of the materials contained within such communication.
e. PHILCLASSIFIEDS is under no obligation to post or use any materials you may provide
and may remove such materials at any time at PHILCLASSIFIEDS sole discretion.

RELATIONSHIP OF THE PARTIES
a. Nothing contained in this Agreement shall be construed as creating agency, legal
representative, partnership, joint venture or any other form of legal ties between the parties.
b. Neither party shall have authority to contract for or bind the other in any manner
whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
a. THE PHILCLASSIFIEDS SERVICE PROVIDER IS PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT.
b. PHILCLASSIFIEDS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY THAT THE PHILCLASSIFIEDS SERVICE WILL BE ERROR-FREE,
TIMELY, SECURE OR UNINTERRUPTED.
c. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PHILCLASSIFIEDS,
ITS EMPLOYEES, LICENSORS, OR AGENTS WILL CREATE A WARRANTY; NOR
MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
d. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL
PHILCLASSIFIEDS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE THE PHILCLASSIFIEDS
SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY
INFORMATION OBTAINED ON THE PHILCLASSIFIEDS SERVICE; OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES
OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, FORCE
MAJEURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES.
e. THE USER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY
WHETHER OR NOT PHILCLASSIFIEDS IS GIVEN NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL
CONTENT, MERCHANDISE, OR SERVICES AVAILABLE FROM AND ITS
AFFILIATES.
f. SHOULD PHILCLASSIFIEDS BE HELD LIABLE, OUR LIABILITY AND THE
LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO ONE HUNDRED US DOLLARS ($100 USD).
g. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS
a. All contents of the PHILCLASSIFIEDS Web Site are proprietary to PHILCLASSIFIEDS,
and/or its suppliers and are protected under international Copyright and Trademark Law.
b. All rights are reserved. PHILCLASSIFIEDS reserves any rights not expressly granted
herein.
c. PHILCLASSIFIEDS or any affiliate PhilClassifeds website DO NOT authorize any non-
affiliated website to scrape, copy, or otherwise take any content from the PhilClassifieds
website and use it as their own. Any person(s), company or entity found doing so will be
subjected to legal actions, both criminal and civil in nature.

PRIVACY & PERSONAL INFORMATION
a. Please review the privacy policy section of the website to understand what PhilClassifiedsd
collects from its users.
b. PhilClassifieds cannot store personal information that has not been voluntarily provided by
its users.
c. PhilClassifieds only uses personal information duly provided by you for lawful purposes,
which includes but not limited to, pursuing PhilClassifieds’ legitimate interests in its
operation and improvement of its websites and related products.
d. PhilClassifieds does not use personal information for target marketing or other efforts
outside the standard practice of operating our websites and related products and ensuring
their efficiency and efficacy based on user patterns.
e. PhilClassifieds does not store the financial information of its users.

PROMOTIONAL MESSAGES & NEWSLETTERS
a. By signing up for a PhilClassifieds Account, you accept delivery of PhilClassifieds
Company Newsletters (For Example, PhilClass’s Weeklies). PHILCLASSIFIEDS does
regularly sends e-mail messages and/or newsletters to Users regarding Users’ accounts and
for promotional purposes directly related to PhilClassifieds and PhilClassifieds Group
websites and products. PHILCLASSIFIEDS may also provide your e-mail address to third
parties, and/or send you promotional messages regarding third party services not directly
affiliated to PHILCLASSIFIEDS.
b. However, you have the sole discretion to receive or not any such emails. Should you opt
not to receive such email, check the appropriate box found in the form on the log-
in/registration sections of PhilClassifieds.com.

GOVERNING LAW
a. The laws of the Philippines shall govern this Agreement. Any dispute arising from this
agreement shall be governed by the laws in the Philippines, to the exclusion of laws from
other jurisdictions, except for international laws, doctrines or treaties which the Philippine
has adopted, signed or is a party thereof.
b. Should there be a case, litigation, arbitration, or other legal proceedings brought by one
party seeking to enforce its rights under this Agreement (whether in contract, tort, or both)
or is seeking a declaration of any rights or obligations under this Agreement against the
other party, the prevailing/winning party shall be awarded its reasonable attorney’s fees,
costs of suit and cost of advertising.
c. The parties consent to the exclusive jurisdiction and venue of the courts in the Philippines.
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