Terms of Service

BEFORE USING THE SERVICES OFFERED BY ONLINESME, PLEASE READ THESE TERMS AND CONDITIONS PROPERLY. IF YOU CLICK THE "I ACCEPT" BUTTON, IT IS AUTOMATICALLY UNDERSTOOD THAT YOU AGREE TO BECOME BOUND BY SUCH TERMS AND CONDITIONS WRITTEN HEREWITH IN THIS AGREEMENT. SHOULD YOU NOT AGREE TO ALL THE TERMS AND CONDITIONS LISTED HENCEFORTH, YOU WILL NOT BE GRANTED ANY SINGLE RIGHT TO USE THE SERVICES ONLINESME OFFERS.

 

TERMS OF USE

• BY USING ONLINESME WEBSITE IN ANY MANNER THEREOF, INCLUDING BUT NOT LIMITED TO BROWSING OR LIMITING THE WEBSITE, WE UNDERSTAND THAT YOU AGREE TO BE BOUND BY THE AGREEMENT AND THE ONLINESME′S PRIVACY POLICY (link) ON THE WEBSITE, WHICH IS ALSO INCORPORATED HEREIN BY THIS REFERENCE. UNLESS AGREED BETWEEN THE USER AND ONLINESME, THE AGREEMENT STATED HERE APPLIES TO ALL THE USERS OF THE WEBSITE, INCLUDING THOSE USERS WHO ARE ALSO CONTRIBUTORS OF INFORMATION, IMAGES AND/OR OTHER MATERIALS OR SERVICES ON THE ONLINESME WEBSITE.
• MODIFICATIONS TO THIS AGREEMENT
  
  IN ITS SOLE DISCRETION, ONLINESME RESERVES THE RIGHT TO MODIFY OR UPDATE THIS AGREEMENT AT ANY TIME BY INFORMING YOU OF SUCH CHANGES THROUGH POSTING A NOTICE ON THE WEBSITE, OR BY SENDING IT THROUGH EMAIL OR POSTAL MAIL. YOU SHALL BE HELD RESPONSIBLE FOR REVIEWING AND FAMILIARIZING ANY SUCH MODIFICATIONS. SUCH CHANGES ARE EFFECTIVE UPON USE OF THE WEBSITE, OR ANY OTHER SERVICES BY YOU FOLLOWING SUCH NOTIFICATION, AND ANY SUCH POSTING OR USE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS STATED HERE IN THIS AGREEMENT AS MODIFIED. YOU SHALL AGREE TO REVIEW THIS AGREEMENT REGULARLY AS TO ENSURE THAT YOU ARE UP TO DATE TO ANY CHANGES MADE WITHIN THE WEBSITE. THIS AGREEMENT, AS WELL AS ONLINESME’S PRIVACY POLICY AND ANY OTHER LEGAL NOTICES PUBLISHED HERE ON THE ONLINESME WEBSITE, SHALL CONSTITUTE THE OVERALL AGREEMENT BETWEEN YOU AND ONLINESME REGARDING THE WEBSITE.
• WEBSITE ACCESS
  
  • 3.1 Subject to your conformity on a continuing basis with all of the terms and conditions of onlineSME’s Agreement, the company hereby grants you authorization to use the Website only as written in this Agreement, and provided that:
    • As permitted, your use of the website is solely intended for your personal noncommercial use;
    • without any consent from onlineSME prior to written authorization, you are not allowed to copy or distribute any part of the Website in any medium;
    • other than as expressly authorized and only for such express purpose can the Website be altered or modified by you;
    • you shall conform with this Agreement;
    • you shall not disable, circumvent, violate or any such attempts, or else interfere with the integrity or security of the onlineSME Website, the proper execution of the onlineSME Website, the features that stops or restricts use or copying of any Content (as the term is defined below) or enforce limitations on the use of the onlineSME Website or the Content posted therein, or interfere with any such activity being conducted on the onlineSME Website;
    • you shall not post any items or content in an unsuitable areas or category on the onlineSME Site;
    • you know and understand that onlineSME.com, in its own sole discretion, can cancel any posting on the Website if it believes that there is evidence supporting such violation of these terms;
    • you shall not post inaccurate, misleading, false, libelous, or defamatory content (with the inclusion of the personal information);
    • you shall not host, distribute, or post spam, pyramid schemes, chain letters, unsolicited email/SMSs, viruses, or any other technologies that may at some point harm onlineSME, or the interests or property of onlineSME users;
    • you shall not collect or otherwise gather information about users, including their email addresses, without their permission or consent;
    • you shall be held responsible for filing, withholding, and reporting all tax duties and other governmental assessments associated with the activities you do on the onlineSME Website;
    • Physical, written, verbal, or any other abuse (including retribution or threats of abuse) of any onlineSME employee, member, customer or officer may result to immediate account termination and deletion.
  • 3.2 To be able to access some features of the onlineSME Website, you need to create a membership account. You are not allowed to use another customer′s account, password or username without his/her permission. During account creation, you need to provide accurate and complete information. You are the one responsible for the activity that may occur on your account and you need to keep your account password safe and secured. You need to notify onlineSME instantly of any breach of security or any unauthorized use of your account. You may also be required to expressly accept or reject the stated Terms and Conditions when you register; you shall agree that any requirement that you do so does not in any other way vitiate your consent to comply with the Terms and Conditions.
  • 3.3 You shall agree not to in any way use or launch any automated system, including that of which without limitation, "spiders," "robots," "offline readers," etc, that may access the onlineSME Website in a way that sends more request messages to onlineSME servers in a certain period of time than a single human can possibly and reasonably produce in the same time by using a conventional on-line web browser. onlineSME reserves the right in its own judgment, violates this provision, including without limitation, turning you over to law enforcement authorities.
• INTELLECTUAL PROPERTY RIGHTS
  The content found on the onlineSME Website, including without limitation, the software, graphics, text, scripts, images, photos, files, music, sounds, interactive features, videos and the like (defined as "Content") and service marks, trademarks and the logos contained therein (called as "Marks"), are owned by or licensed to onlineSME, which is subject to copyright and other intellectual property rights under Philippine and foreign laws and international conventions. You agree that you are not allowed to use, reproduce, copy, modify, publish, transmit, translate, broadcast, perform, distribute, display, upload, sell, license or limited to, audio, image, and the visual content, Marks, or other proprietary rights you do not own, (i) without the express prior permission of the respective owners, and (ii) in any other way that violates any right of any third party thereof. If in any way you print or download a copy of the Content found on the Website for personal use, you are required to retain all copyright and other proprietary notices contained in the site.
• TERM
  The Agreement written here shall remain in full force and effect while you are using the Website. You can terminate your use of the Website or the membership you have at any time by following the instructions on how to do so. onlineSME may also terminate your access to the onlineSME Website or your membership per se at any time, without warning and for any reason which may result in the destruction and forfeiture of all the information associated with your membership.
• FEES
  You agree and acknowledge that onlineSME has the right to charge fees for the use of the Website and in its sole discretion, change its fees from time to time.

 

WARRANTY DISCLAIMER

onlineSME do not have any special relationship or fiduciary duty to you or any members of the Site. You know and acknowledge the fact that onlineSME has no duty and no control to take over any action with regards: your internet connection, the users who gain access to the Website; the contents that you access via the onlineSME Website and its affiliated services; the effects that the content may have on you; the way you may understand or interpret or use the content; or the actions that you may take as a result of being exposed to such content. You free onlineSME from all the liabilities that you have acquired or not acquired content through the onlineSME Website. onlineSME do not make representations regarding or concerning any content that may be contained in or accessed through the onlineSME Website, and onlineSME shall not be held responsible or liable for the copyright, accuracy, legality, compliance or decency of any material contained in or accessed through the onlineSME Website. TO THE FULLEST EXTENT ALLOWED BY LAW, ONLINESME, IT′S SUPPLIERS AND EACH AND EVERYONE OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS DISCLAIM ALL WARRANTIES, IMPLIED OR EXPRESS, IN CONNECTION WITH THE ONLINESME WEBSITE AND YOUR USE OF THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR REASON AND NON-INFRINGEMENT. ALSO, NEITHER ITS SUPPLIERS NOR ONLINESME, NOR ANY OF THEIR RESPECTIVE AND ACKNOWLEGED OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS, MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE ONLINESME WEBSITE′S CONTENT OR THE CONTENT OF ANY SITES THAT ARE LINKED TO THE ONLINESME WEBSITE, AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY OF THE FOLLOWING (I) MISTAKES, ERRORS, OR INACCURACIES OF THE CONTENT; (II) PROPERTY DAMAGE OR PERSONAL INJURY, ANY NATURE THEREOF, RESULTING FROM YOUR ACCESS AND USE OF THE ONLINESME WEBSITE; (III) ANY UNPERMITTED ACCESS OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY CESSATION OR INTERRUPTION OF TRANSMISSION FROM OR TO THE ONLINESME WEBSITE; (V) ANY VIRUSES, TROJAN HORSES, BUGS, AND/OR THE LIKE OF WHICH THAT MAY BE TRANSMITTED TO OR THROUGH THE ONLINESME WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY OMISSIONS OR ERRORS IN ANY CONTENT FOUND WITHIN THE SITE OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE CONTENT TRANSMITTED, EMAILED, POSTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ONLINSME IN ANY MANNER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME THE RESPONSIBILITY FOR ANY PRODUCT OR SERVICES OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE ONLINESME WEBSITE OR ANY OF THE HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR ANY OTHER KIND OF ADVERTISING, AND ONLINESME WILL NEVER BE A PARTY TO OR IN ANYWAY HELD RESPONSIBLE FOR LOOKING OVER ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDERS OF PRODUCTS AND/OR SERVICES. THE WEBSITE THAT IS BEING OFFERED AND CONTROLLED BY ONLINESME IS FROM THE FACILITIES IN THE PHILIPPINES. ONLINESME DO NOT MAKE REPRESENTATIONS THAT THE ONLINESME WEBSITE IS AVAILABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE USERS WHO USE OR ACCESS THE ONLINESME FROM OTHER JURISDICTIONS DO SO THEIR OWN RESPONSIBLE AND VOLITION FOR COMPLIANCE WITH THE LOCAL LAW.

 

ELIGIBILITY

Through the usage of the onlineSME Website, you warrant and represent that:

• all information regarding registration that you submit is truthful and accurate;
• you shall preserve the accuracy of such information;
• you are not under 13 years of age;
• your use of the onlineSME Website does not violate any of the applicable regulation or law;
• you are of the legal age to agree to the terms and conditions written here or you have your parents′ consent to do so;
• You did not and will not register for more than one account. Your profile and all the associated Content may at a time be deleted and your membership be terminated without warning if onlineSME believes that you are in breach of any such foregoing warranties and representations.

 

LIMITATION OF LIABLILITY

ONLINESME, ITS SUPPLIERS’ OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS, IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONLINESME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL ONLY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, ONLINESME IS ONLY LIABLE TO YOU FOR ANY REASON, WILL BE LIMITED ONLY TO THE AMOUNT PAID, IF ANY, BY YOU TO ONLINESME FOR ONLINESME SERVICES IN CONNECTION WITH THE ONLINESME WEBSITE DURING THE TERM OR YOUR MEMBERSHIP TO THE COMPANY.

YOU PARTICULARLY ACKNOWLEDGE THE FACT THAT ONLINESME WILL NOT BE LIABLE FOR OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF DAMAGE OR HARM FROM THE FOREGOING RESTS ENTIRELY AND SOLELY WITH YOU.

 

MISCELLANEOUS

No partnership, joint venture, agency, or employment is created as a result of the written Agreement here and you have no authority of any kind to bind onlineSME in any respect whatsoever. If there is any dispute involving or about the onlineSME Website, you agree such dispute shall be governed by the laws of the Philippines, without any regard to conflict of laws provisions. Any dispute relating to or arising from the subject matter of onlineSME’s Agreement shall be finally settled within the arbitration of Cagayan de Oro, Philippines, using the appropriate language thereof. The arbitrator must have the authority to grant particular performance and to allocate between the parties the costs of arbitration which includes arbitrator fees, service fees and all other fees related to the arbitration in such a way as the arbitrator may determine. The prevailing party in the arbitration must be able to receive reimbursement of its reasonable expenses that of which includes reasonable attorneys′ fees, expert witness fees and all other expenses that have been incurred in connection therewith.

 

Judgment on the award so rendered may be entered in a court with a jurisdiction or application can be made to such court of judicial acceptance of such any award and as the case may be an order of enforcement. Notwithstanding the foregoing, both parties shall have the right to establish an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision made by the arbitrator. For all the purposes of the onlineSME Agreement, both parties consent to exclusive jurisdiction and venue in the Philippines′ Courts. If there is any provision of the onlineSME Agreement that is deemed invalid by a court of competent jurisdiction, such invalidity of the provision shall not affect the validity of the remaining provisions set forth of the onlineSME Agreement, which shall remain in full force and effect. No waiver of any term of onlineSME Agreement will be deemed a further or continuing waiver of a term or any other such term, and onlineSME′s failure to assert any provision or right under the onlineSME Agreement shall not constitute a waiver or such provision or right. ONLINESME AND YOU AGREE THAT ANY CAUSE OF ACTION THAT WOULD ARISE OUT OF OR RELATED TO THE ONLINESME WEBSITE MUST COMMENCE WHITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.