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Last updated: October 21, 2019
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.kablag.com website (the "Service") operated by Kablag ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Subject to your compliance with these Terms, Kablag grants you a finite, non-absolute, revocable (with or without cause), non-transferable right and license to use Kablag.com.
You shall use Kablag.com in conformity with these Terms and shall not:
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Kablag provides a venue for users to interact with each other, and to buy and sell items. Kablag does not pre-screen users or the content provided by a user, nor is Kablag directly involved in transactions between users. Consequently, Kablag has no control over, and you agree that Kablag is not responsible or liable for, any of the following:
You are encouraged to use the features and functions available on Kablag to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Kablag endeavours to keep the website safe for everyone, your use of the Kablag and your interactions with other users is entirely at your own risk.
In using Kablag to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:
You acknowledge and agree that Kablag has no control over any websites other than the Kablag website and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the Kablag website or any expired job listing which is retrieved by any search engine.
Without prejudice to the rest of these Terms and Kablag’s policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Kablag website (as the case may be), that:
All offers made and accepted through the Kablag website are binding.
If you are a seller who has accepted a buyer’s offer for an item:
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.
In communicating with a user through the Kablag website for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the transaction.
Notwithstanding the foregoing, as Kablag is not involved in transactions which are considered solely between users, Kablag cannot ensure that a user (whether as a buyer or seller) would follow through and complete a transaction
If you are in dispute with a user of our Kablag website, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Kablag, Kablag will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Kablag from any claims, demands and damages arising out of your disputes with users of Kablag website.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kablag and its licensors. The Service is protected by copyright, trademark, and other laws of both the Philippines and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kablag.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Kablag.
Kablag has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Kablag shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
In no event shall Kablag, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You will indemnify and hold harmless Kablag, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Kablag website; (b) your content; (c) any use of your account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Kablag does not warrant that the services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Kablag and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You acknowledge and agree that the features of Kablag are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Kablag website and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
Kablag does not represent or warrant that: (a) the use of the Kablag website will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Kablag website will meet your requirements or expectations; (c) errors or defects in the Kablag website will be corrected; or (d) the Kablag website and Kablag’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Kablag website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Kablag is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Kablag or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Kablag has no obligation to support or maintain the Kablag website.
Kablag disclaims any and all liability or responsibility in relation to the content made available through the Kablag website, including but not limited to the content uploaded by users or the third party content and services. Kablag is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Kablag website, including the failure of such third party content and services.
In addition, Kablag may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Kablag does not accept any responsibility in connection with your participation in activities conducted by any other party.
You and Kablag are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Kablag to exercise a right or require performance of an obligation in these Terms shall not affect Kablag’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Kablag and supersedes all prior or contemporaneous understandings and/or agreements between you and Kablag.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Kablag its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Philippines, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 60 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.