Terms of Use

as of April 2019

1. Acceptance of Terms of Use

This is an agreement between New Cross Credit Gate PH Inc., (“Company”), the owner and operator of www.uploan.ph (the “Site”), and you (“you” or “You” or “User”), a user of the Site. By using the Site, you acknowledge and agree to these Terms of Service and the Privacy Policy herein incorporated. If you choose to not agree with any of these terms, you may not use the Site.

 

2. Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement(s)”).  Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

 

3. Modifications

The Company may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of the Company.  The Company may also change or impose fees for products and services provided through the Website at any time in its sole discretion. The Company may establish or change, at any time, general practices and limits concerning other Company products and services in its sole discretion.

 

4. Privacy Policy

The User hereby executes a limited waiver of rights under the Data Privacy Act only to the extent necessary to secure fulfillment of Services offered by the Company.  Provided that nothing in this agreement is to be deemed as a waiver by the User of the following rights under the Data Privacy Act:

(i)            Right to Information

(ii)           Right to Object

(iii)          Right to Access

(iv)         Right to Rectification

(v)          Right to Erasure or Blocking

(vi)         Right to Damages

(vii)        Right to Data Portability

(viii)       Right to file a Complaint

 

5. License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of the Company, its affiliates or third parties. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the Company’s prior written permission. Except as expressly provided herein, UPS does not grant to You any express or implied rights to the Company’s Intellectual Property.

 

6. Restriction on Use of Website

In addition to other restrictions set forth in these Terms of Use, you agree that:

  • copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”,
  • using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site,
  • transmitting spam, chain letters, or other unsolicited emails,
  • attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
  • uploading invalid data, viruses, worms, or other software agents through the Site,
  • collecting or harvesting any personally identifiable information, including account names, from the Site,
  • using the Site for any commercial solicitation purposes,
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
  • interfering with the proper working of the Site,
  • accessing any content on the Site through any technology or means other than those provided or authorized by the Site,
  • disguising or interfering in any way with the IP address of the computer you are using to access the Site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using, or
  • bypassing the measures, we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

 

7. Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

8. Termination

The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.

 

9. Survival of Provisions

This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.

 

10. Limitation of Liability

To the fullest extent permitted by applicable law in no event shall the Company be liable for:

  • any direct, special, indirect or consequential damages, or
  • any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
  • You shall be liable to us for any loss or damage suffered by us as a result of any breach of these Terms and Conditions or any Loan Contract by you, or any fraudulent use of the Site or your data.
  • We shall not be liable to you for any loss or damage which you may suffer as a result of being a member of the Site, except where such loss or damage arises from our breach of these Terms and Conditions or was caused by gross negligence, willful default or fraud by us or our employees. We are not responsible for any breach of these Terms and Conditions arising from circumstances outside our reasonable control.
  • We may at any time, without notice to you, set off any liability owed to us or to our members by you.

 

11. Indemnification

You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.

 

12. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with Philippine law. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions, you and we shall submit to the exclusive jurisdiction of the courts of Makati, to the exclusion of all other courts.

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