TERMS OF USE

Last Updated on 28 May 2018.

Please read this Terms of Use carefully as the same contains important information that you need to consider before accessing our site.

I. Declarations

This site, www.yondu.com (herein referred to as the “Site”) is owned and operated by Yondu, Inc. (“Yondu”). The following Terms of Use constitute an agreement between you and Yondu.

The content on this Site, and the trademarks, service marks and logos contained therein are owned by or licensed to Yondu and is subject to copyright and other intellectual property rights under Philippine laws.  Content on the Site is provided to you on an “as is” basis and without warranties for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

Yondu reserves all rights not expressly granted in and to the Site and its Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

You understand that when using the Site, Yondu is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the content of the website: hence, no representation is made nor any warranty given (either expressed or implied) as to the information it contains.

These terms of use (the “Terms of Use”, “Terms”) govern your use of the Site.  Your affirmative act of using this Site and/or submitting your personal information through this Site or the Services it contains constitutes your electronic signature to these Terms of Use, and your consent to enter into agreements with us electronically. Likewise, you acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions.  Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the services.  And thus, by accessing our Services, you are agreeing to these Terms and our Privacy Policy, herein stated, and that you consent to resolve exclusively in the proper courts of Taguig City, Philippines any dispute that you may have with us, or the Site.

We are constantly innovating and looking for new ways to improve our Services.  We may therefore revise, update and amend this Terms of Use at any time, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services to reflect such improvements or any other changes to our business.  It is recommended that you review these Terms of Use on a regular basis.  We will endeavor to tell you about any significant changes to this Terms of Use which we feel may disadvantage you in any material way.  If you object to any of the changes, you should immediately stop using our Services and close any account you may have with us.  You agree that Yondu will not be liable to you or any third party for any suspension or discontinuation of any of the Services.  Your continued usage of the Site subsequent to the revisions, updates and amendments signify your acceptance to these changes. The most current version of the Terms shall govern and supersede all previous versions.

 

II. Interpretation

For the purpose of these Terms, “you” means the individual user of our Services.  If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”), then “you” also refers to such Principal.  If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; (b) the submission and sharing of the Principal’s data is with his/her consent; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal.

In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.”  The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms.  The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, constitute the entire agreement between you and us regarding any services accessed and subscribed to via our Services and supersede all communications, representations, or understandings, either oral or written, relating to the subject matter hereof.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

III. Visiting and Submitting Personal Information through our Site

When you submit information on a web form or email us, you are communicating with us electronically.  When you visit our websites, and as a consequence of signing-up or subscribing to our service, we and certain third-party service providers collect information during your visit.  In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Privacy Policy.

As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements, administrative messages and newsletters. Such communication may be by email, instant message, a posting on our Services or some other mechanism.  You consent to receive such communications from us electronically.  If you have registered or signed up for one or more of our communications, our Service announcements and administrative messages we provide, you are considered part of the said Services themselves, and you may opt-out from receiving the services by unsubscribing to the service or reaching out to us at info@yondu.com.

You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.

 

IV. Privacy Policy

The security of your Personal Information is important to us. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with our Privacy Policy. We maintain appropriate technical and physical safeguards to protect your Personal Information against accidental or unlawful destruction or loss, alteration, unauthorized disclosure or access, use and all other unlawful forms of processing of the data in our possession.

We will retain your Personal Information for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide you with Services.  We may retain your Personal Information after we have ceased providing Services to you if retention of your Personal Information is reasonably necessary to comply with our legal obligations, meet regulatory requirement, resolve disputes, prevent fraud, cheating or abuse, or enforce this Privacy Policy or any other agreement we may have with a user.

You have the right to request a copy of the information that we hold about you.  If you would like a copy of some or all of your Personal Information, please contact us at info@yondu.com.  You have the right to ask us not to use your Personal Information for any purpose stated in our detailed Privacy Policy that you do not approve of.  To change your preferences or to unsubscribe, please contact us at info@yondu.com.  We want to make sure that your Personal Information is accurate and up to date.  You may ask us to modify, correct or remove information by contacting us at the email address above.

4.1 Advertising 

 Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”).  The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.

4.2 Links to Other Sites

The Site may include links to other websites, including links provided as automated search results or hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites. You understand that when you click on these links, any data which you provide thereafter is subject to such third party’s Privacy Policy and not to ours.  Although we will endeavor only to link to reputable websites, you acknowledge and agree that we are not responsible or liable for the content, safety, security or accuracy of these other sites.

 

V. Warranties and Liabilities of Yondu.

5.1 Disclaimer of Warranties

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site; what content you access via the Site; what effects the content on the Site may have on you; how you may interpret or use the content on the Site; or what actions you may take as a result of having been exposed to the content on the Site. You release us from all liability for you having acquired or not acquired content through the Site. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and we make no representations or assurances that you will be hired or considered for job vacancies when you submit your information on our site.

We provide the Site and the Services “as is”, “with all faults” and “as available”.  We make no express or implied warranties or guarantees about the contents of the Site.  To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.  We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements.  We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing.  We are not responsible for the accuracy, reliability, timeliness or completeness of Content provided by users of the Site or any other data or Content provided or received through the Site.  Except as expressly set forth herein, Yondu or www.yondu.com does not warrant that the Site or the Services will operate error-free, that loss of data will not occur, or that the Services, software or Site are free of computer viruses, contaminants or other harmful items.

5.2 Disclaimers and Limitations on Liability

We make no warranties about the Information Systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information.  We do not warrant that the services will be uninterrupted, error-free or without breaches of security and you agree that you are solely responsible for any and all acts or omissions taken or made in reliance on our services.  We expressly disclaim any liability with respect to any injury caused by any user, or any damage suffered by any user, as a result of the actions or inactions of any other user.  If you are dissatisfied with our Services or any Content thereof, your sole and exclusive remedy is to discontinue using and accessing our Services.

In no event shall we or any of our subsidiaries or affiliates, or our respective officers, directors, employees, agents, representatives, partners and licensors be liable for any special, indirect, consequential or exemplary damages, including, but not limited to, loss of profits or revenues, loss of use, loss of goodwill or loss of information, however caused and whether based on contract, warranty, negligence, strict liability or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages.  You acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected.

5.3 Risks You Assume

Without limiting any of the other risks we have disclosed to you in these terms, you are solely responsible for your use of our Services, including any Content you submit to use and you expressly acknowledge and agree that your use and access to our Services and the Content contained therein, and any Sites linked through our Services and any data transmitted through our Services is at your sole risk.  Accordingly, we do not assume any liability to you for or relating to any of your actions.

5.4 Legal Capacity

The Services we offer are limited to persons who are 18 years old and above and who have the legal capacity to enter into a contract under the Philippine laws.  By using the Site, you represent and warrant that you have the legal capacity to enter into a contract under the Philippine laws.  All references in these Terms of Use to “you” shall refer to such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is thus revoked in such jurisdictions.

 5.5 Philippine Use

 By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the Terms of Use set forth herein. Access to our Services is administered in the Philippines and is intended for users in the Philippines.  Any use outside of the Philippines is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

5.6 Disputes; Governing Law; Jurisdiction

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with Philippine laws without regard to its conflict of laws provisions.  Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be filed in the proper courts of Taguig City, Philippines to the exclusion of all other courts. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any Philippine or non-Philippine court of competent jurisdiction to enforce these Terms or to protect our or any third party’s rights in our Services or any data or other Content made available via our Services.  You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law.  In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.

5.7 Additional Terms

Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional Terms of Use at that time. By using those Services, you agree to comply with such additional guidelines and rules.

 

VI. User Responsibilities

 6.1  General

 You are responsible for all use of the Site. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials; remove any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained via the Site; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site; reformat or frame any portion of the web pages that are part of the Site; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

 

VII.  Miscellaneous

7.1 Indemnification

 Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, representatives, agents, parent, other affiliated companies, suppliers, successors, and assigns from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Personal Account. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

7.2 Termination

You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services and / or registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Personal Account, or for any or no reason.  We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). If you violate any of these Terms of Use, your permission to use the Content is automatically terminated and you must immediately destroy any copies you have made of any portion of the Content.

7.3 Severability

If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.

7.4 No Waiver

Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.

7.5. Assignment

We may assign this Terms of Use at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

7.6 Abatement and Suit

Violation or breach of any term and provision of these Terms of Use or any of the performance standards, regulations and requirements of other concerned government regulatory agencies shall give Yondu and its successors or assignee the right to pursue the following remedies:

  1. To access the Personal Account of the violator and/or cancel its registration and/or access to the site and/or remove or cause the cessation of violative operations of, and to maintain and enforce such abatement, removal or cessation until corrective measures or safeguards have been instituted by the User and accepted as adequate and satisfactory by Yondu; and
  2. To prosecute a proceeding at law or in equity against the person/s who have violated or are attempting to violate any of the provisions of this Terms of Use or the applicable government standards, regulations or requirements, to enjoin or prevent them from doing so, and to cause said violation to be remedied, and to recover damages for said violation. In the event of the exercise of any of the remedies above, Yondu shall not be liable for any damages for such exercise, provided good faith basis existed for such entry, abatement, or application for injunction.

 7.7 Remedies not Exclusive. 

 All remedies provided herein shall be cumulative not exclusive of any and all remedies at law or in equity. All rights not expressly granted herein are reserved to www.yondu.com and its licensors.

7.8 Complaints
We hope that you won’t have any complaints about us or our Services.  If you are unhappy with our use of your Personal Information then please contact our Data Privacy Office by emailing dpo@yondu.com.  You also have the right to complain to us using the said email address, or the National Privacy Commission if there is a problem.