TERMS AND CONDITIONS
LAST REVISION: May 13, 2024
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
BY USING THIS WEBSITE OR DOWNLOADING APPLICATION SOFTWARE FROM THIS WEBSITE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the
"Agreement") governs your use of this Website,
https://www.kapitbahay.org (the "Website"), J-code Software
Development Services (the "Service Provider") offer on this Website
an application software services for subscription. This Agreement includes, and
incorporates by this reference, the policies and guidelines referenced below.
The Service Provider reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website. The Service Provider will alert you that changes or
revisions have been made by indicating on the top of this Agreement the date it
was last revised. The changed or revised Agreement will be effective
immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. The Service
Provider encourages you to review this Agreement whenever you visit the Website
to make sure that you understand the terms and conditions governing use of the
Website. This Agreement does not alter in any way the terms or conditions of
any other written Agreement you may have with the Service Provider for other Product
or services. If you do not agree to this Agreement (including any referenced
policies or guidelines), please immediately terminate your use of the Website.
If you would like to print this Agreement, please click the print button on
your browser toolbar.
I. PRODUCT
Terms of Offer. This Website offers free download of
installation file for KapitBahay® (the
"Product"), a Windows desktop application software for automating all
the transaction of a typical Filipino-style homeowner association. The data is
secure and highly accessible because it is saved in the cloud. A small monthly
subscription fee amount is collected to cover the maintenance. By subscribing
to the Product downloaded through this Website, you agree to the terms set
forth in this Agreement.
Customer Solicitation: You agree to continue to
receive further communication from the Service Provider and its
designated in house or third party call team(s).
Opt Out Procedure: You may also choose to opt
out, via sending email request to support@kapitbahay.org
Proprietary Rights. The Service Provider has
proprietary rights and trade secrets in the Product. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed
by The Service Provider. The Service Provider also has rights to all trademarks
and specific layouts of this webpage, including calls to action, text
placement, images and other information.
Sales Tax. If you subscribe any Product, you will be
responsible for paying any applicable sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In
addition to making Product available, this Website also offers information and
marketing materials. This Website also offers information, both directly and
through indirect links to third-party Websites. The Service Provider does not
always create the information offered on this Website; instead, the information
is often gathered from other sources. To the extent that The Service Provider
does create the content on this Website, such content is protected by
intellectual property laws of the Philippines, foreign nations, and
international bodies. Unauthorized use of the material may violate copyright,
trademark, and/or other laws. You acknowledge that your use of the content on
this Website is for personal, noncommercial use. Any links to third-party
Websites are provided solely as a convenience to you. The Service Provider does
not endorse the contents on any such third-party Websites. The Service Provider
is not responsible for the content of or any damage that may result from your
access to or reliance on these third-party Websites. If you link to third-party
Websites, you do so at your own risk.
Use of Website; The Service Provider is not
responsible for any damages resulting from use of this Website by anyone. You
will not use the Website for illegal purposes. You will (1) abide by all
applicable local, state, national, and international laws and regulations in
your use of the Website (including laws regarding intellectual property), (2)
not interfere with or disrupt the use and enjoyment of the Website by other
users, (3) not resell material on the Website, (4) not engage, directly or
indirectly, in transmission of "spam", chain letters, junk mail or
any other type of unsolicited communication, and (5) not defame, harass, abuse,
or disrupt other users of the Website.
License. By using this Website, you are granted a
limited, non-exclusive, non-transferable right to use the content and materials
on the Website in connection with your normal, noncommercial, use of the
Website. You may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without written authorization
from The Service Provider or the applicable third party (if third party content
is at issue).
Posting. By posting, storing, or transmitting any
content on the Website, you hereby grant The Service Provider a perpetual,
worldwide, non-exclusive, royalty-free, assignable, right and license to use,
copy, display, perform, create derivative works from, distribute, have
distributed, transmit and assign such content in any form, in all media now
known or hereinafter created, anywhere in the world. The Service Provider does
not have the ability to control the nature of the user-generated content offered
through the Website. You are solely responsible for your interactions with
other users of the Website and any content you post. The Service Provider is
not liable for any damage or harm resulting from any posts by or interactions
between users. The Service Provider reserves the right, but has no obligation,
to monitor interactions between and among users of the Website and to remove
any content The Service Provider deems objectionable.
III. DISCLAIMER OF WARRANTIES
Your use of this Website and/or Product are at your
sole risk. The Website and Product are offered on an "as is" and
"as available" basis. the Service Provider expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to, implied warranties of merchantability, and non-infringement with respect to
the Product or Website content, or any reliance upon or use of the Website
content or Product ("Product" including trial Product).
Without limiting the generality of the foregoing, the
Service Provider makes no warranty:
1. That the information provided on this Website is
accurate, reliable, complete, or timely.
2. That the links to third-party Websites is accurate,
reliable, complete, or timely.
No advice or information, whether oral or written,
obtained by you from this Website will create any warranty not expressly stated
herein.
As to the results that may be obtained from the use of
the Product or that defects in Product will be corrected.
Regarding any Product subscribed or obtained through
the Website.
IV. LIMITATION OF LIABILITY
The Service Provider entire liability, and your
exclusive remedy, in law, in equity, or otherwise, with respect to the Website
content and Product and/or for any breach of this Agreement is solely limited
to the amount you paid, less shipping and handling, for Product subscribed via
the Website.
The Service Provider will not be liable for any
direct, indirect, incidental, special or consequential damages in connection
with this Agreement or the Product in any manner, including liabilities
resulting from (1) the use or the inability to use the Website content or
Product; (2) the cost of procuring substitute Product or content; (3) any
Product subscribed or obtained or transactions entered into through the
Website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages so some of the
above limitations may not apply to you.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless
The Service Provider, and any of its contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns from all liabilities, claims,
damages, costs and expenses, including reasonable attorneys' fees and expenses,
of third parties relating to or arising out of (1) this Agreement or the breach
of your warranties, representations and obligations under this Agreement; (2)
the Website content or your use of the Website content; (3) the Product or your
use of the Product (including Trial Product); (4) any intellectual property or
other proprietary right of any person or entity; (5) your violation of any
provision of this Agreement; or (6) any information or data you supplied to The
Service Provider. When The Service Provider is threatened with suit
or sued by a third party, The Service Provider may seek written assurances from
you concerning your promise to indemnify The Service Provider; your failure to
provide such assurances may be considered by The Service Provider to be a
material breach of this Agreement. The Service Provider will have the right to
participate in any defense by you of a third-party claim related to your use of
any of the Website content or Product, with counsel of The Service Provider choice
at its expense. The Service Provider will reasonably cooperate in any defense
by you of a third-party claim at your request and expense. You will have sole
responsibility to defend The Service Provider against any claim, but you must
receive The Service Provider prior written consent regarding any related
settlement. The terms of this provision will survive any termination or
cancellation of this Agreement or your use of the Website or Product.
VI. PRIVACY
The Service Provider believes strongly in protecting
user privacy and providing you with notice of the use of data. Please refer to
The Service Provider privacy policy, incorporated by reference herein, that is
posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or downloading Product, you
acknowledge that you have read and agree to be bound by this Agreement and all
terms and conditions on this Website.
VIII. GENERAL
Force Majeure. The Service Provider will not be deemed
in default hereunder or held responsible for any cessation, interruption or
delay in the performance of its obligations hereunder due to earthquake, flood,
fire, storm, natural disaster, act of God, war, terrorism, armed conflict,
labor strike, lockout, or boycott.
Cessation of Operation. The Service Provider may at
any time, in its sole discretion and without advance notice to you, cease
operation of the Website and distribution of the Product.
Entire Agreement. This Agreement comprises the entire
Agreement between you and The Service Provider and supersedes any prior
Agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of The Service Provider
to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates
from the Mandaue City, Cebu, Philippines. This Agreement will be governed by
the laws of the Philippines without regard to its conflict of law principles to
the contrary. Neither you nor The Service Provider will commence or prosecute
any suit, proceeding or claim to enforce the provisions of this Agreement, to
recover damages for breach of or default of this Agreement, or otherwise
arising under or by reason of this Agreement, other than in courts located in
Mandaue City, Cebu, Philippines. By using this Website or subscribing the
Product, you consent to the jurisdiction and venue of such courts in connection
with any action, suit, proceeding or claim arising under or by reason of this
Agreement. You hereby waive any right to trial by jury arising out of this
Agreement and any related documents.
Statute of Limitation. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Website or Product or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
Waiver of Class Action Rights. By entering into this
Agreement, you hereby irrevocably waive any right you may have to join claims
with those of other in the form of a class action or similar procedural device.
Any claims arising out of, relating to, or connection with this Agreement must
be asserted individually.
Termination. The Service Provider reserves the right
to terminate your access to the Website if it reasonably believes, in its sole
discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website
and The Service Provider may, in its sole discretion and without advance notice
to you, cancel any outstanding orders for Product. If your access to the
Website is terminated, The Service Provider reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access of the
Website. This Agreement will survive indefinitely unless and until The Service
Provider chooses, in its sole discretion and without advance to you, to
terminate it.
Domestic Use. The Service Provider makes no
representation that the Website or Product are appropriate or available for use
in locations outside Philippines. Users who access the Website from outside
Philippines do so at their own risk and initiative and must bear all
responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and
obligations under this Agreement to anyone. The Service Provider may assign its
rights and obligations under this Agreement in its sole discretion and without
advance notice to you.
BY USING THIS WEBSITE OR SUBSCRIBING PRODUCT FROM THIS
WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
CONTACT US
If you have any question about this Terms and
Conditions, You can contact us:
MAIL US
Send us a letter to:
KAPITBAHAY,
11th Floor, AppleOne - Equicom Tower,
Mindanao Avenue corner Biliran Street, Cebu Business Park, Cebu City, Cebu,
6000