FPIP Locator Portal System -

TERMS AND CONDITIONS

INTRODUCTION
Welcome to the FPIP Locator Portal. The Terms and Conditions 'Terms' will apply to all the following offerings within the FPIP Locator Portal from First Philippine Industrial Park, Inc. FPIP, its affiliates, and subsidiaries, as detailed below:
This website, including future enhancements thereafter;
Our web applications; and
Other websites, applications, or services that link to these Terms, regardless of how you 'User' access or use them, including through mobile devices 'Services'
The Services shall also include: online facilities provided by or through the FPIP Locator Portal platform; client software available through applications or the website, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services including without limitation any mobile application services or other materials made available by or through our platform "Content". Any updates, upgrades and new features added to or augmenting the Services are also subject to these Terms.
By using FPIP Locator Portal's services, the User hereby agrees to be bound by the Terms set hereunder. Please read these Terms carefully before using the Services, or opening / confirming a FPIP Locator Portal account "Account" so that you are aware of your legal rights and obligations with respect to FPIP Locator Portal.
FPIP Locator Portal may amend these Terms at any time in its sole discretion, and shall be effective immediately upon posting. The continued use of the Portal and/or the Services shall be deemed as acceptance of the amended Terms.
FPIP reserves the right to refuse to provide a User access or to create an account at any time, temporarily or permanently, to the FPIP Locator Portal, Services without giving any reason and/or prior notice. The User hereby irrevocably agree, affirm and warrant to hold FPIP free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services;
The Terms shall be governed and construed in accordance with Philippine laws and regulations.

DEFINITIONS

The following capitalized terms shall have the meanings given to them on this Clause, except where the context otherwise requires or as otherwise defined in other clauses of the Terms:

'Application', 'FPIP Locator Portal' or 'System' pertains to the website, applications, and other software and programs running on the FPIP platform that is used to deliver the Services, including its patches, updates, and modifications.
'Clause' pertains to any paragraph, sentence, provision, or any other part of this Terms and Conditions.
'Confidential Information' means any information having been designated in writing to be confidential or proprietary or if given orally, is confirmed promptly in writing as having been disclosed as confidential or proprietary or otherwise by the Disclosing Party to the Recipient.
'Content' pertains to all information posted by the User in the website, including but not limited to its business information, and images and text pertaining to its menu of products and services.
'Disclosing Party' means the party from whom the Confidential Information originates and is disclosed to the Recipient.
'Locator' pertains to the company, organization, factory, or other entity operating inside FPIP, with an account in the Locator Portal through its Locator Representative.
'Locator Representative' pertains to the representative of the Locator who is authorized to bind the same for all transactions, requests, and other transactions to the Locator Portal.
'User' or 'you' means a party that visits, logs in, and/or otherwise uses FPIP Locator Portal website and/or uses its services, including but not limited to accessing content, booking facilities, posting data, and viewing data.
'FPIP' 'we', or 'us' pertains to First Philippine Industrial Park the entity running and owning the FPIP Locator Portal system.
'Park Rules and Regulations' pertain to the rules and regulations of conduct inside the FPIP premises, which was communicated to each locator and details the prohibitions and parameters of doing business inside the Park.
'Party' refers to the User or FPIP Locator Portal, individually, and 'Parties', collectively.
'Recipient' pertains to the Party receiving Confidential Information from the Disclosing Party.
'Service' refers to the features offered by and through the FPIP Locator Portal System, which includes linkages to the payment gateway, the Facilities Access Management, FPIP database platforms, and other Third Party Providers;
'System' pertains to the Locator Portal, the Facilities Access Management, and its related systems.
'Terms' means this Terms, the webpages linked herein, and any schedules hereto as the same may be amended, varied, modified, or supplemented by the parties by Terms in writing from time to time.
'Third Party Providers' refers to the other service providers who interact with or otherwise use the FPIP Locator Portal system, including but not limited to the financial services provider for payment or otherwise, third-party apps who embed or link their system to FPIP Locator Portal, and web advertising agencies.
'Website' shall have the same meaning as System.

INTERPRETATION
Any reference to a Party or any Governmental Authority includes references to its successor, permitted transferee, and permitted assignee.
Any reference to an applicable law is a reference to it as it has been or may be amended, or as it may be re-enacted with or without modification.
Any reference to a Clause is a reference to a clause of the Terms, unless otherwise stated.
Any reference to a schedule, which may be accessed through hyperlink or other means through this webpage, is a reference to a schedule of the Terms, unless otherwise stated.
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms.
Words importing the singular include the plural and vice versa, and words importing a gender include every gender.
Any reference to any document or Terms including this Terms shall be deemed to include references to such document or Terms as amended, supplemented, novated, varied or replaced from time to time, unless otherwise stated.
The words 'include', 'includes" and 'including" are not limiting and shall be read as being followed by the words 'without limitation', except as otherwise specified;
In construing the Terms and unless otherwise specifically provided for herein, the rule known as the ejusdem generis rule shall not apply nor shall any similar rule or approach to the construction of the Terms. Accordingly, general words introduced or followed by or associated with the word 'other', 'in particular' or 'following' shall not be given a restrictive meaning because they are followed or preceded by or associated with as the case may be particular examples intended to fall within the meaning of the general words.
The words 'hereof', 'herein', 'hereunder' and words of similar import when used in the Terms shall refer to the Terms as a whole and not to any particular provision hereof;
Any references to 'days', 'months' or 'years' means calendar days, months or years respectively of the Gregorian calendar;
Any reference to 'Pesos', 'PhP", or 'P' means Philippine Pesos; and
A reference to a Person, other than a Party a which ceases to exist, or b whose powers or functions are transferred to another body or to different bodies, is a reference to the body which replaces it or substantially succeeds to its powers and functions

TERMS
These Terms shall be effective from the time the User accesses the FPIP Locator Portal, or in the case of account creation, when the User clicks the 'submit' button and shall continue in force until terminated in writing by either Party.
Clauses pertaining to intellectual property, confidentiality, and the treatment of data gathered due to the use of the System shall continue to be in full force and effect notwithstanding the termination of these Terms.

PERFORMANCE OF SERVICES
FPIP Locator Portal and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Services and/or System to use the Service, subject to the Terms stated herein. All rights not expressly granted to you are reserved by FPIP Locator Portal and its licensors.
By using the Services, you agree, consent to, and understand that FPIP Locator Portal will collect information and data responsibly from you and your organization, and where applicable, the Organization you represent, and that you agree to the Terms and Conditions and the Privacy Policy.
The collected information shall include the name, e-mail address, billing address, TIN, contact number, password, birthday, sex, device used, payments and financial data, behavioral tracking, cookies, and other data or information necessary to carry out FPIP Locator Portal's obligation and provide its services better, specifically for:
Facilitation of the service to the related parties, including among others, the government agencies when mandated by law or the regulations, payment gateway, and Third Party Providers.
Improvement of the Locator Portal based on User insights and trends.
Reports Generation, and
Personalized Marketing.
To maintain its reputation for quality and high standard of service, FPIP Locator Portal reserves the right to terminate the relationship with the User if the latter fails to comply with the Terms.
You acknowledge that FPIP has absolute discretion on whether or not it pre-screens any Content, and refuse, delete, or move any Content as it deems necessary. FPIP shall also have the right to remove any Content in these circumstances:
it is deemed to have violated these Terms;
if FPIP receives a valid complaint from another user;
if FPIP receives notice of an intellectual property infringement or other legal instruction for removal; or
if such Content is otherwise objectionable.

FPIP may also block delivery of any communication including without limitation status updates, postings, messages, polls, and/or chats to or from the Services to protect itself, the Services or the users, or otherwise enforce the provisions of these Terms. You agree that you must evaluate and bear all risks associated with the use of any Content, including without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. The User hereby acknowledges that he/she may not rely on any Content created by FPIP Locator Portal or submitted to FPIP Locator Portal, including without limitation information found on FPIP Locator Portal forums, instant messaging channels, and in all other parts of the Services.

FPIP Locator Portal may provide updates, patches, and other modifications to the Services that must be installed for you to continue to conduct your business properly or at all in a more efficient and secure manner. Where applicable, we may update, patch or modify the System remotely and access the System residing on your machine or device for such purpose, and you hereby grant to FPIP Locator Portal the right to deploy and apply such patches, updates and modifications. All provisions of these Terms that refer to 'System' shall also include all such patches, updates and modifications.

User's Rights and Obligations.
The User agrees to a keep his/her password confidential and use only his/her User ID and password when logging in, b ensure that he/she logs out from the account at the end of each session, c immediately notify the FPIP Locator Portal administrator of any unauthorized use of his/her User ID and/or password, and d ensure that his/her and the Locator's Account information is accurate and up-to-date. The User is fully responsible for all activities that occur under his/her User ID and Account even if such activities or uses were not committed by him/her. FPIP Locator Portal will not be liable for any loss or damage arising from unauthorized use of the User's password or its failure to comply with this Section.
The User is obliged to:
Provide FPIP Locator Portal with all accurate information necessary for the System to function fully in accordance with its intended purpose,
Verify the information published on its online store and immediately point out any mistakes or inaccuracies, and
Be solely responsible for the contents posted in its website and maintaining relationship with its users.
Restrictions and Prohibitions. By using FPIP Locator Portal's System, the User agrees to refrain, directly or indirectly, to engage in the following prohibited acts:

Upload, post, e-mail, transmit or otherwise make available any Content that:

Is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable in accordance with the Park Rules and Regulations, Philippine rules and regulations, or
Infringes on any intellectual property of another person or entity.

Use the Services to harm FPIP and other users or Locators in any way;
Use the Services for trademark and copyright infringement, or to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services;
Remove any proprietary notices from the Services;
Cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of FPIP Locator Portal;
Use the Services for fraudulent purposes;
Attempt to decompile, reverse engineer, disassemble, or hack the Services or any portion thereof, or to defeat or overcome any encryption technology or security measures implemented by FPIP Locator Portal with respect to the Services and/or data transmitted, processed or stored by FPIP Locator Portal;
Harvest or collect any information about or regarding other users or Locators, or FPIP, including without limitation any personal data or proprietary confidential Information;
Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Terms;
Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
Interfere with, manipulate, or disrupt the Services or servers or networks connected to the Services or any other user's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services, including but not limited to the introduction of Phishing sites, distributed denial-of-service attacks DDos, cross-site scripting attacks, eavesdropping attack, injection attacks, malware attacks, path traversal, botnets, session hijacking, social engineering, or other forms of cyberattacks on the System;
Use the Services to intentionally or unintentionally violate any applicable local, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements whether or not having the force of law relating to anti-money laundering, cybercrime, or terrorism;
Use the Services to violate the privacy of others or to "stalk" or otherwise harass another; and/or
Use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

PAYMENT

Payment for Services may be done via the payment gateway, through credit or debit card 'Card', e-wallets, or any other financial technology 'Fintech' solutions where available. You understand that FPIP Locator Portal uses a Third Party service provider to facilitate its payment gateway, and that you will free FPIP Locator Portal from any liability for any failure of the transaction with such third party service provider.

Unless otherwise provided by applicable law or by the express terms of a Service offer, all payments made are final and non-refundable. User may cancel any Services at any time, but all pre-payments are strictly non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the System, our decision to terminate or suspend your access to the System, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
You agree that FPIP Locator Portal may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
FPIP Locator Portal may suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where FPIP Locator Portal reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where FPIP Locator Portal reasonably believes you to be in breach of this Terms.
You agree that you will cooperate in relation to any financial crime screening that is required and to assist FPIP Locator Portal in complying with any prevailing laws or regulations in place.
You shall be responsible to resolve any disputes with your Card company or payment gateway on your own, and free FPIP of any obligation for the same.

REPRESENTATIONS AND WARRANTIES
By using the Service, the Users warrant that:
they have the legal capacity to enter into contracts under Philippine laws and the applicable nationality laws, which means among other things that they are of legal age, is of sound mind, and has no other legal impediment to enter into a contract law.
they are the authorized representative of the Locator to represent him/her for purposes of binding the Locator for all corporate-related warranties, transactions including requesting for services and making payments thereon, and submitting Locator-related information, reports, and other data through the System.
they hold FPIP, its directors, employees, and representatives free from any liability, obligations, or damages to the Locator that they represent, arising from the use of the Locator Portal.
FPIP Locator Portal makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. FPIP Locator Portal does not represent or warrant that a the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, b. will meet your requirements or expectations, c. any stored data will be accurate or reliable, or d the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an 'as is'/'as available' basis. All conditions, representations and warranties, including any implied warranty of Third Party Providers' ability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded to the extent permissible by law.
FPIP Locator Portal makes no representation or warranty of any kind whatsoever, express or implied, in respect of Services provided by the Third Party Provider or other third-party providers, or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to FPIP Locator Portal in respect of the same.

INTELLECTUAL PROPERTY

All trademarks, logos, images, and service marks, including these Terms and Conditions as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of FPIP and/or third parties who have authorized us with the use collectively the 'Trademarks'. The User may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without FPIP's prior express written consent. The use of FPIP's trademarks on any other website not approved by FPIP is strictly prohibited. FPIP will aggressively enforce its intellectual property rights to the fullest extent of the law, including administrative, civil, and criminal prosecution. FPIP neither warrants nor represents that the User's use of materials displayed on the System will not infringe rights of third parties not owned by or affiliated with FPIP Locator Portal. Use of any materials on the System is at the User's own risk.
The User shall maintain intellectual property over the Content that are related to its business, even if uploaded to the System. This includes images of its products, its business logo, and all custom layouts and design it may introduce in its own account in the System, excluding the default templates and materials coming from FPIP Locator Portal.

CONFIDENTIALITY AND SECURITY
FPIP Locator Portal shall keep confidential and shall not disclose to any person or use directly or indirectly for its own or any other person's benefit other than for the due performance by it of its obligations under this Terms, any Confidential Information disclosed, made available or otherwise provided to the Receiving Party by or on behalf of the Disclosing Party. This clause shall not apply to any Confidential Information which at the time it is disclosed, made available or otherwise provided by the Disclosing Party, is in the public domain and shall cease to apply to any information which subsequently becomes publicly available otherwise than as a consequence of any breach by the Receiving Party.
Confidential Information includes the following:
User's information,
User's business information posted as Content in FPIP Locator Portal's System,
Information of a commercial, technical, or financial nature relating to this Terms,
Source code, APIs, web scripts, and other proprietary information in FPIP Locator Portal's System.

All Confidential Information collected by FPIP Locator Portal from its Users shall be stored to a third-party server that is regularly archived to the cloud storage. The User understands that the System security cannot go beyond the guaranty provided by the cloud storage service provider.
FPIP Locator Portal reserves the right to collect additional information from its Users necessary to carry out its obligations under these Terms, and to contact the User's customers for any offer or promotions.

LIMITATION OF LIABILITIES

To the extent permitted by law, the User agrees to hold FPIP free from all liability, whether arising in contract, in negligence or otherwise, which shall cover direct, indirect, special, consequential, and exemplary damages, for loss or damage which the User or any third party may incur in connection with our services. FPIP shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from the use of your web-responsive Locator Portal online store or for any other claim related in any way to your use of such.

These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if FPIP Locator Portal, its agents or representatives, have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

INDEMNIFICATION

By agreeing to the Terms upon using the Service, you agree that you shall indemnify and hold FPIP Locator Portal, its directors, employees, representatives, and/or licensors and each such party's affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses including attorneys' fees and costs and/or regulatory action arising out of or in connection with: a your use of the Service and/or the System in your dealings with the Locator Representatives and other Third Party Providers or Users as the case may be, third party Locator Representatives, providers, partners, advertisers and/or sponsors, or b your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or c your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or d your use or misuse of the Service, and/or the System; or e the provision by Third Party Providers, as applicable, of false, inaccurate, deceptive, fraudulent, or otherwise illegal information, including but not limited to i product, price or promotional information, ii service information, or iii other information required to be disclosed by applicable law and/or administrative rules and regulations.
By agreeing to the Terms upon using the Service, you agree that you shall indemnify and hold FPIP Locator Portal, its licensors and each such party's affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses including attorneys' fees and costs and/or regulatory action arising out of or in connection with: a your use of the Service and/or the System in your dealings with the Third Party Providers or Users as the case may be, third party Locator Representatives, providers, partners, advertisers and/or sponsors, or b your violation or breach of any of the Terms, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or c your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or d your use or misuse of the Service and/or the System; and e where applicable your ownership, use or operation of any device for using the System, including your provision of solutions to Users via the System where applicable.

TERMINATION

Should the User fail to comply with the Terms provided herein, the right to use the FPIP Locator Portal and/or Services shall be terminated without further notice. FPIP Locator Portal accounts that are dormant/no monetary activity for more than six 6 months automatically be closed/ terminated without further notice.

Grounds for such termination may include, but are not limited to, a extended periods of inactivity, b violation of the letter or spirit of these Terms, c violation of any applicable law, d fraudulent, harassing, defamatory, threatening or abusive behavior or e behavior that is harmful to other users, third parties, or the business interests of FPIP. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim under any cause of action whatsoever against FPIP, or which in any way involves FPIP Locator Portal, then FPIP may terminate your Account.

NOTICE

The User agrees that all legal notices or other communication required or permitted to be given by FPIP Locator Portal shall be sent primarily by e-mail, and alternatively through the registered address submitted in the online form.
Service and receipt of such notice or other communication shall be deemed to have been effected: a on the date of delivery, if personally delivered; b upon the expiration of ten 10 Days after the envelope containing the same was delivered into the custody of the postal authorities, if by registered post; c on the date the e-mail is acknowledged by the other Party or when there is no e-mail notification that the e-mail bounced back, if sent by e-mail. Each Party hereby undertakes to promptly acknowledge any notice duly sent by the other Party.

MISCELLANEOUS PROVISIONS

The User acknowledges, consents, and agrees that FPIP Locator Portal may access, preserve and disclose its account information and content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over FPIP or in a good faith belief that such access preservation or disclosure is reasonably necessary to: a comply with legal process; b enforce these Terms and Conditions; c respond to claims that any content violates the rights of third parties; d respond to the User's requests for customer service; or e protect the rights, property or personal safety of FPIP Locator Portal, its users and/or the public.
The User shall have no right, and waives, to the fullest extent permitted by Applicable Law, any and all rights arising by operation of Application Law or otherwise, to set-off any amount claimed by the User to be due and owing to the User and/or Locator from FPIP, if any, under the terms of the Terms against amounts claimed by FPIP to be due and owing to the FPIP Locator Portal by the User and/or the Locator under the terms of the Terms.
The service, platform, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. FPIP Locator Portal is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
If any clause of this Terms is illegal, invalid or unenforceable under present or future laws, then it is the intention of the parties hereto that the remainder of the Terms shall be affected thereby and all other clauses or provisions shall remain in full force and effect. It is also the intention of the parties to this Terms that each clause and provision of this Terms be construed in a manner which will make same legal, valid and enforceable, and, if not possible, then reformed only to the extent necessary to render the clause legal, valid and enforceable. It is further the intention of the parties that if any provision of this Terms is capable of two constructions, one of which would render the provision invalid, illegal or unenforceable and the other of which would render the provision valid, legal and enforceable, then the provision will be construed to have the meaning that renders it valid, legal and enforceable.

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