The FoodPhilippines website located at foodphilippines.com is copyrighted work belonging to FoodPhilippines. Certain features of FoodPhilippines may be subject to additional guidelines, terms, or rules which will be posted on FoodPhilippines in connection with such features.
These terms require the employment of arbitration Section 10.2 on case-to-case basis to resolve disputes and also limit the remedies available to you within the event of a dispute.
Account Creation. For you to use FoodPhilippines, you have to start an account and provide information about yourself. As a user, you warrant that: (a) you will ensure that all information are accurate, truthful, and up-to-date. You may delete your account at any time by following the instructions on FoodPhilippines. CITEM may suspend or terminate your Account.
Account Responsibilities. You are responsible for maintaining your account login information confidential and are entirely responsible for all activities under your account. You approve to immediately notify CITEM of any unauthorized use or suspected unauthorized use of your account. CITEM cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Access to FoodPhilippines
Subject to these Terms. CITEM grants you a non-transferable, non-exclusive, revocable, limited license to access FoodPhilippines solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to these restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit FoodPhilippines; (b) you shall not change, do derivative works of, disassemble, reverse compile or reverse engineer any part of FoodPhilippines; (c) you shall not access FoodPhilippines in order to build a similar or competitive website; and (d) except as expressly stated herein, no aspect of FoodPhilippines could also be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of FoodPhilippines shall be subject to these Terms. All copyright and other proprietary notices on FoodPhilippines must be retained on all copies thereof.
CITEM reserves the right to change, suspend, or cease FoodPhilippines with or without prior notice. You approved that CITEM will not be held liable to you or any third-party for any change, interruption, or termination of FoodPhilippines or any part.
No Support or Maintenance. You agree CITEM will have no obligation to provide you with any support in connection with FoodPhilippines.
Excluding any User Content that you may provide, you are aware that CITEM or its suppliers own all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in FoodPhilippines and its content. Note that these Terms and access to FoodPhilippines do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. CITEM and its suppliers reserve all rights not granted in these Terms.
User Content. “User Content” means any and all information and content that a user submits to FoodPhilippines. You are solely responsible for your User Content. You exclusively bear all risks associated with use of your User Content. You also hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by CITEM. Hence, you are also liable for your User Content. CITEM is not obligated to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice. You are solely liable for creating backup copies of your User Content if you desire.
You hereby grant CITEM an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in FoodPhilippines. By agreeing to our policies, you are waiving future assertions and claims ethical attribution or rights with regards to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use FoodPhilippines to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property (IP) or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, bigotry, physical harm, hatred, or anything patently offensive; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through FoodPhilippines any software intended to damage or alter a computer system or data; (ii) send through FoodPhilippines unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use FoodPhilippines to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to FoodPhilippines, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to FoodPhilippines, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of FoodPhilippines; or (vi) use software or automated agents or scripts to produce multiple accounts on FoodPhilippines, or to generate automated searches, requests, or queries to FoodPhilippines.
We reserve the right to subject any User Content to review and investigation. If we find that your User Content has violated the Acceptable Use Policy or any other provision of these Terms, we will take appropriate action as we deem fit, in our sole discretion. Said action may include removing or modifying your User Content, terminating your account under the existing laws, rules, and regulations.
In the case of feedback or suggestions sent to CITEM, you, as a result of this, assign to CITEM all rights in such feedback and agree that CITEM can use such feedback in manners it deems appropriate. Any feedback you provide will be treated as non-confidential and non-proprietary.
You agree to indemnify and hold CITEM and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of FoodPhilippines, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. CITEM reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settleany case without the prior written consent of CITEM.
CITEM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links and Ads; Other Users
Third-Party Links & Ads. FoodPhilippines may contain links to third-party websites and services or display advertisements for third parties. Such third-party links and ads are not under CITEM’s control, and it is not responsible for any these. CITEM provides access to these third-party links and ads only as a convenience to you. It does not review, approve, monitor, endorse, warrant, or make any representations concerning third-party links and ads. You are aware that the use of all third-party ads and links will be at your own risk. Also, you are aware that corresponding third party’s terms and policies apply when you click on any third-party ads or links.
Other Users. Each site user is solely liable for any of its user content. Because we do not control user content, you acknowledge and agree that we are not accountable for any user content, whether provided by you or by others. You agree that CITEM will not be responsible for any loss or damage incurred due to any such interactions. In the event of a dispute between you and another user of FoodPhilippines, we are under no obligation to be involved.
You hereby give your consent to discharge and release CITEM and its representatives, including officers, successors, assigns, and agents from any controversy of any nature, claim, cause of action, right, demand, action and dispute that may relate or arise, directly or indirectly, to FoodPhilippines.
FoodPhilippines is provided on an “as-is” and “as available” basis, and CITEM and its suppliers expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, such as all conditions or warranties of merchantability, non-infringement, accuracy, quiet enjoyment, title, or fitness for a specific purpose. We and our suppliers will not guarantee that FoodPhilippines will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or dangerous code, legal, complete or safe. If applicable law requires any warranties concerning FoodPhilippines, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not cover the exclusion of implied warranties. Thus, the exclusion stated above is not applicable to you. Also, some jurisdictions do not state specific limitations on the effectivity of the lasts, as such the above limitation may not also be applicable to you.
Limitations on Liability
To the maximum extent permitted by law, in no event shall CITEM or its suppliers be held liable to you or any third-party for any lost profits, lost data, procurement costs of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use FoodPhilippines even if CITEM has been advised of the possibility of such damages. Access to and use of FoodPhilippines is at your discretion and risk, and you will be solely responsible for any resulting damage to your device or computer systemy or loss of data.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you shall be under prevailing laws, rules, and regulations. This limited will not be expanded even if more than one claim exists. You also agree that the suppliers of CITEM will have no liability of any kind arising from or relating to this agreement.
The above condition may not be applicable to you as some jurisdictions do not permit liability exclusion or limitation for consequential or incidental damages.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use FoodPhilippines. CITEM may suspend or terminate your rights to use FoodPhilippines at any time for any reason at our sole discretion, including for any use of FoodPhilippines in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use FoodPhilippines will be terminated immediately. You have full understanding that content related to your user account linked with your account from our databases may be deleted when you terminated your user account. CITEM will not have any liability whatsoever to you for any termination of your rights under these Terms.
Copyright Policy. CITEM respects the intellectual property of others and asks that users of the FoodPhilippines site do the same. Moreover, CITEM has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of online platform users who are repeated intellectual property rights infringers, including copyrights. Suppose you believe that other users are, through the use of FoodPhilippines, unlawfully infringing the copyright(s) of CITEM’s work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to CITEM’s designated Copyright Agent:
The complaining party is automatically subjected to liability for any attorney’s fees, costs or damages that may be incurred by us related to any written allegation and notice of copyright infringement in light of any written misrepresentation of material fact.
These Terms will undergo occasional revision. If CITEM makes any substantial changes, you may be notified via email, to be sent to the last email address you provided to us and prominently posting notice of the changes on the FoodPhilippines site. You are responsible for providing CITEM with your most current email address. If the provided last email address is not valid, the proof of email dispatch that contains such notice is considered an effective notice of the changes covered in the notice. Any changes to these Terms will be effective upon the earliest 30 calendar days following the dispatch of an email notice to you or 30 calendar days following the posting of notice of the changes on the FoodPhilippines site. These changes will be effective immediately for new users of FoodPhilippines. Continued use of FoodPhilippines following notice of such changes shall indicate your acknowledgment of such changes and the agreements bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with CITEM and affects your rights and includes MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER procedures.
Applicability of Arbitration Agreement. All claims and disputes connected with the Terms or the use of any product or service provided by CITEM that cannot be resolved informally or in small claims court shall be decided through binding arbitration individually covering the Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and CITEM, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized beneficiaries or users of goods or services described under the Terms.
Notice Requirement and Informal Dispute Resolution. It is a requirement that a written Notice of Dispute must be sent by the party detailing the basis or nature of dispute or claim as well as the desired relief before arbitration is sought by either party. A Notice to CITEM should be sent to Golden Shell Pavilion, Roxas Boulevard cor, 1300 Sen. Gil J. Puyat Ave, Pasay, 1300 Metro Manila. After the notice is received, you and CITEM may attempt to resolve the claim or dispute informally. If you and CITEM do not resolve the claim or dispute within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. The arbitrator must first determine the awarded amount to which either party is entitled before any settlement offer made by any party can be disclosed.
Arbitration Rules. The arbitration shall be initiated in accordance with the applicable rules and regulations through an established alternative dispute-resolution provider.
Time Limits. If you or CITEM pursues arbitration, the arbitration action must be initiated and demanded within the statute of limitations and within any deadline imposed under the applicable arbitration rules for the claim/s.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide your and CITEM’s rights and liabilities, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall a) have the authority to grant motions dispositive of all or part of any claim.; b) have the authority to award monetary damages and grant any non-monetary remedy or relief to an individual under applicable law, arbitration rules, and the terms; and c) issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has can award relief individually similar to a judge’s action in a court of law. The award of the arbitrator is final and binding upon you and CITEM.
Waiver of Trial. The constitutional and statutory rights of both Parties to go to court and have a trial in front of a judge are hereby waived as both Parties opt to resolve any disputes or claims under this Arbitration Agreement. Compared to court rules, arbitration procedures are considerably less expensive, more limited, and more efficient.t In the event of any litigation arising between you and CITEM in the applicable court in a suit to vacate or enforce an arbitration award or otherwise, you and CITEM, waiving the right to a trial, will instead elect that a Judge resolve the dispute.
Waiver of Class or Consolidated Actions. All claims and disputes falling under this arbitration agreement must be individually litigated or arbitrated and not on a class basis is. Claims of more than one use or customer cannot be litigated or arbitrated or litigated jointly or consolidated with those of any other users or customers.
Confidentiality. Strict confidentiality is enforced on all aspects of arbitration proceeding. To enforce this Agreement, a party is not hindered from providing court of law any necessary information, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. Specific part or parts of this Arbitration Agreement shall be of no force and effect and shall be severed if they are found to be unenforceable or invalid by a court though the remainder of the Agreement shall continue in full force and effect.
Right to Waive. The party, against whom the claim is mase, may waive any or all of the limitations and rights and under this Arbitration Agreement. Other portion of the Arbitration Agreement shall not be affected.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with CITEM.
Small Claims Court. Nonetheless, the foregoing, either you or CITEM may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, emergency equitable relief may be sought by the part before a court to ensure the status quo pending arbitration. Under this Arbitration Agreement, it does not mean a waiver of any other obligations or rights in light of a request for interim measures.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of misappropriation, infringement, defamation or violation of the Computer Fraud and Abuse Act of the other party’s trade secrets, trademark or copyright shall not be covered by this Arbitration Agreement.
In any circumstances, the parties agree to submit to the concerned courts or jurisdiction when foregoing Arbitration Agreement allows the parties to litigate in court.
Electronic Communications. Whether through the use of FoodPhilippines or through emails sent to us, or whether through official notices posted on FoodPhilippines or the emails we send you, the communications between you and CITEM use electronic means.
For contractual purposes, you (a) consent to receive communications from CITEM in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CITEM provides electronically satisfy any legal obligation that such communications would satisfy in hard-copy writing.
Entire Terms. These Terms constitute the entire Agreement between you and CITEM regarding the use of FoodPhilippines. CITEM’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. As such, the section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including, without limitation.” Should any provision of these Terms be held invalid or unenforceable, the other provisions of these Terms will be unimpaired.
Your relationship to CITEM is that of an independent contractor, and neither party is the other’s agent or partner. These Terms and your rights and obligations herein may not be assigned, subcontracted, delegated, or otherwise transferred by you without CITEM’s prior written consent. Any violation or the preceding terms will null and void any attempted assignment, delegation, transfer or subcontract. CITEM may freely assign these Terms. All terms and conditions under these Terms are binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on FoodPhilippines are CITEM’s property or the property of other third parties. You need to seek prior written consent of CITEM for these marks or that of a third party that own the marks.
Address: Golden Shell Pavilion, Roxas Boulevard cor, 1300 Sen. Gil J. Puyat Ave, Pasay, 1300 Metro Manila
All information gathered from FoodPhilippines shall be shared with IFEX Philippines NXTFOOD ASIA and shall be dealt accordingly.