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SerBIZyo! Terms of Use

We recognize our client's legal rights and responsibilities. This is legally binding to SerBIZyo and its users. and in order to use our Services, you agree to the Terms of Use.

Your use of SerBIZyo!'s Services (excluding those provided to you by SerBIZyo! under a separate agreement) is governed by the terms of a legal agreement between you and SerBIZyo!. This document explains how the agreement is made up and sets out the terms of such agreement.

In order to use SerBIZyo!'s Services, you must first agree to the Terms. You cannot use the Services unless you agree to the Terms of Use. By accessing and using SerBIZyo!'s Services, you accept and agree to be bound by this Terms of Use. You understand that your use of the Services will be treated as your acceptance to this Terms of Use.

You may not use the Services and may not accept this Terms of Use if (a) you are not of legal age to execute a binding contract with SerBIZyo!, or (b) you are a person barred from receiving the Services under the laws of the Republic of the Philippines and/or other countries including the country in which you are a resident or from which you use the Services.

  1. Definitions
    1. "SerBIZyo!" refers to "Ser-BIZ-yo International Co. Ltd.," a partnership duly organized and existing under and by the virtue of the laws of the Philippines, having a principal business address at Unit 1104, City & Land Megaplaza, ADB Avenue corner Garnet Road, Ortigas Center, Pasig, Philippines 1605.
    2. "Services" refer to SerBIZyo!'s products, programs, documents, materials, information, software, and websites.
    3. "You" refers to you, the user of SerBIZyo!'s Services.
    4. "Terms" or "The Terms" refer to this document, the agreement between you and SerBIZyo!.
  2. Relationship with SerBIZyo!
    1. Unless otherwise agreed in writing with SerBIZyo!, your agreement with SerBIZyo! shall always include, at a minimum, the terms and conditions set out in this document. These are referred to as the "General Terms" in this document.
    2. Your agreement with SerBIZyo! shall also include the terms of any legal notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the "Additional Terms."
    3. The General Terms, together with the Additional Terms, form a legally binding agreement between you and SerBIZyo! in relation to your use of the Services. It is important that you take time to read and review them carefully.
    4. Should a contradiction between what the General Terms and Additional Terms state, the Additional Terms shall take precedence in relation to that Service.
    5. SerBIZyo! reserves the right to change and update the contents of these Terms from time to time.
    6. In the case of violation of the Terms, SerBIZyo! reserves the right to seek any and all remedies available to it by law and in equity of such violations. Violation of any of the terms and conditions set forth in these Terms shall result in the termination and/or blacklisting of your account, at SerBIZyo!'s sole discretion.
  3. Provision of the Services by SerBIZyo!
    1. SerBIZyo! believes that technology is the key to its success. SerBIZyo! continuously enhances its Services in order to provide you the best possible experience in using the Services. While we do not make guarantees that our Services are perfect, we assure you that we will do our best to fix any known issue in the soonest possible time. You acknowledge and agree the form and nature in which the Services are provided may change from time to time without prior notice.
    2. It is understood that under this Terms of Use, you acknowledge and agree that the form and nature in which the Services are provided may change from time to time without prior notice.
    3. SerBIZyo! guarantees that the Services will be available 98% of the time.
    4. You understand and agree that as part of SerBIZyo!'s continuous enhancements, SerBIZyo! may stop (temporarily or permanently) in providing some of the Services or features within the Services to you or to other users at SerBIZyo!'s sole discretion. In such events, SerBIZyo! will provide a notice on its website(s) at least a day prior to the scheduled interruption or cessation.
    5. You understand and agree that if your account is disabled or blocked, you may not be able to access some of the Services, your account information, and any other content under your account.
    6. Software updates may be automatically deployed or downloaded and installed from time to time. These updates are designed to improve, enhance, or innovate the Services provided by SerBIZyo! and may take the form of bug fixes, enhanced functions, updated modules, and new versions. You agree to receive such updates as part of your use of the Services.
  4. Your Responsibilities
    1. In order to access or use some of the Services, you may be required to provide personal information about yourself and/or the organization that you represent as part of the process. You agree that the information you provide about yourself and/or the organization that you represent are true, accurate, current, and complete.
    2. You agree to use the Services only for their designated purposes and for those that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices.
    3. You agree not to access or attempt to access the Services by any means not provided by SerBIZyo!, unless you have been granted the permission to do so in a separate agreement with SerBIZyo!.
    4. You agree that you shall not engage in any activity that can cause interference and/or disruption to the Services, including but not limited to sending spam messages, phishing, forgery, accessing via automated scripts, and any other forms of Denial of Service (DoS) attacks.
    5. You agree not to distribute, reproduce, copy, sell, resell, or trade the Services, unless you have been granted the permission to do so in a separate agreement with SerBIZyo!.
    6. You understand and agree that you are solely responsible for your actions and conduct when using the Services.
    7. You agree that you are solely responsible for any breach of your responsibilities under the Terms and for the consequences that may arise from any such breach.
  5. Account Security
    1. You understand and agree that maintaining the confidentiality of your passwords is your sole responsibility.
    2. You understand and agree that any activity that occurs under your account, when it has been properly authenticated, authorized, and recorded by the Services, remains your sole responsibility.
    3. Should you become aware of any unauthorized use of your account, you agree to inform SerBIZyo! immediately at http://serbizyo.ph/page/util/contact-us.htm or by sending an email to support@serbizyo.com.
  6. Your Privacy
    1. For more information about how SerBIZyo! handles the privacy of your data, please read SerBIZyo!'s privacy policy at http://serbizyo.ph/page/util/privacy-policy.htm. This policy explains how SerBIZyo! treats your data and protects your privacy when you use the Services.
    2. It is understood that under this Terms of Use, you agree to SerBIZyo!'s privacy policy when you use the Services.
  7. Content that are made available through our Services
    1. SerBIZyo! does not assert ownership of the information (including but not limited to text, files, software, images, audio, video, or other data) you submit into its servers as part of you using the Services. All information that you submit shall remain your property.
    2. All information that you submit to SerBIZyo! and are made available in the Services are your sole responsibility.
    3. All information available in the Services but did not originate from you are the sole responsibility of the person or entity from which the information originated.
    4. You agree that in using the Services, you will not submit illegal, indecent, pornographic, or offensive materials or other content that is prohibited by law.
  8. Proprietary Rights
    1. You acknowledge and agree that all legal rights, title, and interest in and to the Services, including intellectual property rights, are owned by SerBIZyo!.
    2. You shall have no right to use any of SerBIZyo!'s trade names, trademarks, logos, domain names, and other distinctive features of the brand, unless you have been granted such right in a written agreement between you and SerBIZyo!.
    3. You acknowledge and agree that some information contained in the Services may be deemed by SerBIZyo! to be confidential and that you shall not disclose such information without prior written consent from SerBIZyo!.
    4. If there is a separate agreement between you and SerBIZyo! granting you the right to use any of SerBIZyo!'s brand features, you agree that you shall use the features in compliance with the agreement.
    5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
  9. License from SerBIZyo!
    1. SerBIZyo! gives you a worldwide, non-assignable, and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use the Services, in the manner permitted by the Terms.
    2. Unless a written consent is granted to you by SerBIZyo!, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or by any means attempt to extract the source code of the Services or its parts.
    3. Unless a written consent is granted to you by SerBIZyo!, you may not assign or grant a sub-license of your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
  10. Content license from you
    1. You retain all rights (including copyrights) you already own to all content that you submit through the Services. You agree to grant SerBIZyo! a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to make backup copies of the content that you submit through the Services, as part of SerBIZyo!'s commitment to keep your data safe, secure, and available.
    2. You understand and agree that SerBIZyo!, at its sole discretion, has the right to remove, delete, disable, ban, prohibit, or otherwise make unavailable any content that it finds inappropriate or harmful to SerBIZyo!, the Services, or to other users of the Services, or when such content is prohibited by law.
    3. You confirm and warrant to SerBIZyo! that you possess all the rights, power, and authority to grant the aforementioned license.
  11. Termination of your relationship with SerBIZyo!
    1. The Terms will continue to apply until terminated by either you or SerBIZyo! as set out below:
    2. If you want to terminate your legal agreement with SerBIZyo!, you may do so by (a) notifying SerBIZyo! and (b) closing your accounts for all the Services you have availed, where an option is available to you. You may send your notice to support@serbizyo.com.
    3. SerBIZyo! may at any time, terminate this legal agreement with you if any of the following circumstances occur:
      1. you have breached any provision of the Terms; or
      2. SerBIZyo! is required by law to do so; or
      3. the partner with whom SerBIZyo! offered the Services to you has terminated its relationship with SerBIZyo! or ceased to offer the Services to you; or
      4. SerBIZyo! is transitioning to cease offering the Services to the users in the country which you reside or from which you use the Services; or
      5. the provision of the Services to you by SerBIZyo! is, in SerBIZyo!'s opinion, no longer commercially viable.
    4. Nothing in this Section shall affect SerBIZyo!'s rights regarding provision of Services under Section 4 of the Terms.
  12. Exclusion of Warranties
    1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT SERBIZYO!'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSE BY NEGLIGENECE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
    3. IN PARTICULAR, SERBIZYO!, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
      1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
      2. THE SERVICES WILL BE AVAILABLE ALL THE TIME. REFER TO SECTION 3 OF PARAGRAPH E OF THIS TERMS ON SERBZIYO!'S GUARANTEE ON THE AVAILABILITY OF ITS SERVICES.
      3. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
      4. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
      5. THAT ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. SERBIZYO! RESERVES THE RIGHT TO DECIDE WHETHER A DEFECT HAS TO BE CORRECTED OR NOT.
    4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERBIZYO! OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    6. SERBIZYO! FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  13. Limitation of Liability
    1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERBIZYO!, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
      2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
        1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
        2. ANY CHANGES WHICH SERBIZYO! MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
        3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
        4. YOUR FAILURE TO PROVIDE SERBIZYO! WITH ACCURATE ACCOUNT INFORMATION;
        5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
    2. THE LIMITATIONS ON SERBIZYO!'S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT SERBIZYO! HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING THEREFROM.
  14. Trademarks and Copyrights
    1. SerBIZyo! will respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the Republic of the Philippines, the Intellectual Property Code) and to terminating and/or blacklisting the accounts of violators.
  15. Advertisements
    1. Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the information stored on the Services.
    2. The manner, mode, and extent of the advertisements used by SerBIZyo! on the Services may change without any prior notice.
    3. You agree that SerBIZyo! may place such advertisements on the Services provided to you.
  16. Other content
    1. The Services may include hyperlinks to other web sites, content, or resources. SerBIZyo! may have no control over any web sites or resources which are provided by companies or people other than SerBIZyo!.
    2. You acknowledge and agree that SerBIZyo! is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that SerBIZyo! is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  17. Changes to the Terms
    1. SerBIZyo! may make changes to the General Terms or Additional Terms from time to time. When these changes are made, SerBIZyo! will make a new copy of the General Terms available at http://serbizyo.ph/page/util/usage-terms-complete.htm and any new Additional Terms will be made available to you from within, or through, the affected Services.
    2. You understand and agree that if you use or continue to use the Services after the date on which the changes to the General Terms and/or Additional Terms are made, SerBIZyo! will treat your use as acceptance of the updated General Terms and/or Additional Terms.
  18. General Legal Terms
    1. There may be times when as part of you using the Services, you may use a service, download a product or software, or purchase goods which are provided by a person or entity other than SerBIZyo!. You understand that your use of these services, products, software, or goods may be subject to separate terms between you and the person or entity concerned. The Terms of Use do no affect your legal relationship with these other persons or entities.
    2. The Terms constitute the whole legal agreement between you and SerBIZyo! and govern your use of the Services, excluding those Services provided to you by SerBIZyo! under a separate agreement, and completely replace any prior agreements made between you and SerBIZyo! in relation to the Services.
    3. SerBIZyo! may provide you with notices, including those regarding changes to the Terms, through mail, email, or announcements on the Services.
    4. You agree that if SerBIZyo! does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SerBIZyo! has the benefit of under any applicable law), this will not be taken to be a formal waiver of SerBIZyo!'s rights and that those rights or remedies will still be available to SerBIZyo!.
    5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    6. You acknowledge and agree that each member of the group of companies of which SerBIZyo! is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
    7. The Terms, and your relationship with SerBIZyo! under the Terms, shall be governed by the laws of the Republic of the Philippines without regard to its conflict of laws provisions. You and SerBIZyo! agree to submit to the exclusive jurisdiction of the courts located within the Pasig City, Metro Manila, Philippines to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SerBIZyo! shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.