Terms of Service

Terms of Service

Last Modified: October 11, 2019

1. ACCEPTANCE OF TERMS

TECHWORKS SOFTWARE welcomes you. Techworks.com.ph (Techworks' Official Website) provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using our website, you AGREE TO COMPLY WITH and BE LEGALLY BOUND by the TOS. You can review the most current version of the TOS at any time at: https://techworks.com.ph/termsofservice.php. In addition, when using third party internet services, you and the Service Provider shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.

The term "Techworks" refers to Techworks Software Solutions Co. Ltd. and the term "you" refers to any Techworks client or any user of our site.

2. DESCRIPTION OF SERVICE

Techworks.com.ph provides users with access to your account records, including live-chat communication tool, online order transactions and personalized dashboard content. You understand and agree that these services may include certain communications from Techworks.com.ph, such as service announcements and advertisements, administrative messages and news updates, and that these communications are considered part of Techworks.com.ph membership and you will not be able to opt out of receiving them.

3. ENHANCEMENTS AND ERRORS

Unless explicitly stated otherwise, any new features that augment or enhance the current Techworks.com.ph shall be subject to the TOS. Techworks does not warrant or represent nor assumes any responsibility as to the timeliness, accuracy, reliability, deletion and misdelivery of information available on or through Techworks.com.ph, or failure to store any user communications or personalization settings. Techworks also does not warrant that Techworks.com.ph will be error-free, free of viruses, or other harmful components or defects. You are responsible in obtaining access to Techworks.com.ph, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access Techworks.com.ph.

4. YOUR REGISTRATION OBLIGATIONS

You agree to: (a) provide true, accurate, current and complete information about yourself or your company as prompted by the online member registration, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Techworks.com.ph has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Techworks has the right to suspend or terminate your account and refuse any and all current or future use of Techworks.com.ph (or any portion thereof).

5. YOUR PASSWORD AND ACCOUNT SECURITY

Your entered Email address and Password during registration will be used when accessing your Techworks.com.ph account. You are responsible in ensuring that your Password and Email address is secured and that your Techworks.com.ph account cannot be accessed by unauthorized persons.

You are solely responsible for any loss due or other fraudulent activities associated with the sharing of your Password and Email address to a third person, or Techworks shall be held free from any liability arising from access or use of the account by a third person, whether such access or use of the third person was with or without authority granted by you as the holder of the account.

Techworks shall block or disable access to the account upon your valid request.

6. FILES AND DOCUMENTS

Techworks.com.ph may provide downloadable document or installer files for free that can be used in your installation of Techworks products, remote support, or transactions with Techworks on a non-exclusive license basis only for your commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Techworks does not guarantee or warrant the documents' suitability, legal effect, completeness, modernity, accuracy, and/or appropriateness.

7. RESTRICTIONS ON USE

Your access to Techworks.com.ph and use of your account is subject to the following restrictions:

* Unless otherwise stated, Techworks.com.ph and the materials in Techworks.com.ph are protected by proprietary rights (including but not limited to intellectual property rights). You may download files, view and print your information from Techworks.com.ph for your own personal use only and you must not republish, sell, rent, reproduce, duplicate, copy, modify, sell, trade, resell or exploit for any commercial purposes any portion of Techworks.com.ph or access to your account dashboard.

* You must not use Techworks.com.ph in any way that causes, or may cause, damage to Techworks.com.ph or impairment of the availability or accessibility of Techworks.com.ph; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

* You must not use Techworks.com.ph to copy, store, host, transmit, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.

* You must not conduct any systematic or automated data collection activities in relation to Techworks.com.ph without Techworks' express written consent.

The accounts of users who will violate or abuse the use of Techworks.com.ph or abuse the use of information downloaded from Techworks.com.ph may be disabled and/or terminated by Techworks without prior notice.

8. LINKS TO OTHER SITES

Third party content from member agencies may appear on or may be accessible via links from Techworks.com.ph. Techworks is not responsible for and assume no liability for their contents or for any loss arising from access to these websites. Use of the hyperlinks and access to such linked websites are entirely at your own risk. Information and opinions in the third party content are neither endorsed by Techworks nor does it necessarily reflect Techworks' beliefs.

9. COMPLIANCE WITH APPLICABLE LAWS

You must comply with all applicable laws regarding the proper use of Techworks.com.ph as a website in the internet. Your unauthorized use of Techworks.com.ph or unauthorized, improper or fraudulent use of your account shall subject you or any third party to a claim for damages, and/or criminal liability in accordance with applicable laws, including but not limited to the following provisions of law:

* Hacking or cracking or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. (Section 33(a) of the Philippine Electronic Commerce Act)

* Piracy or the unauthorized copying, reproduction, dissemination, or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recording or phonogramsor information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of One Hundred Thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. (Section 33(b) of the Philippine Electronic Commerce Act)

Techworks reserves the right to investigate complaints or reported violations of this TOS and to take appropriate actions against those found to be in violation. You must timely inform Techworks of any knowledge of improper or illegal use of Techworks.com.ph or your Techworks.com.ph account.

10. LIMITATION OF LIABILITY

The Information and Services offered by Techworks.com.ph may contain bugs, errors, problems or other limitations. To the maximum extent permitted by applicable laws, in no case shall Techworks be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or personal profits, business or personal interruption, loss of business or personal information, or any other pecuniary loss) arising out of the use or inability to use Techworks.com.ph.

11. PRIVACY POLICY

Techworks is committed to ensure that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using Techworks.com.ph, you can be assured that it will only be used in accordance with this privacy policy.

12. LAW, JURISDICTION, AND DISPUTE RESOLUTION

The TOS constitute the entire agreement between you and Techworks Software Solutions Co. Ltd.. If any provision of this TOS is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect other provisions of this TOS which shall remain in full force and effect. This Agreement shall be treated as if executed and performed in Mandaluyong City, Philippines, and shall be governed by and construed in accordance with Philippine laws. Any suit or proceeding arising out of or relating to this TOS shall be instituted in the appropriate court of Mandaluyong City. All actions and controversies that may arise from the implementation of this TOS shall be submitted to mediation and/or arbitration in accordance with the provisions of Republic Act No. 9285 otherwise known as the "Alternative Dispute Resolution Act of 2004."