Terms of Service
Members’ Terms and Conditions
TPC’s service involves online (internet) messaging facility designed to dispense electronic mobile cell phone load and other e-load products. Accordingly, TPC is interchangeable or synonymous with Telepreneur Corp.
- ACCEPTANCE OF TERMS
In addition, when using particular TPC services, you and TPC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
- DESCRIPTION OF SERVICE
TPC primarily is a messaging service designed for dispensing electronic mobile phone load thru online.
Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the TOU. You also understand and agree that the Service is provided “AS-IS” and that TPC Service assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization information.
You agree that you are solely responsible for all activities that occur under your account.
You agree that you are responsible for obtaining access to the Service online and that access may involve third party fees (such as Internet service provider charges). You are solely responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. (e.g. mobile phone/s, computer/s, modem/s, etc.)
- REGISTRATION AND ACCOUNT SECURITY
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s membership or registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TPC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TPC has the right to suspend or terminate your account and refuse any and all current or future revenue shares or access to the Service (or any portion thereof).
You agree that you are responsible for maintaining the confidentiality of your password and security of your account. You will notify TPC of any unauthorized use of your account and any other breach of security, and ensure that you sign out from your account at the end of each session/use.
- USER CONTENT AND CONDUCT
You understand that all information processed, including data, messages and/or other related communications (“Content”), whether publicly posted elsewhere or privately transmitted via TPC, are the sole responsibility of the person from which such Content originated. This means that you and not TPC are entirely responsible for the content of all messages that you originate, send or transmit in response to messages received via the Service. TPC does not control all of the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TPC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, for any loss or damage of any kind incurred as a result of the use of any Content received or transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- transmit, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a TPC administrator, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- transmit, post 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 agreements);
- transmit, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- transmit, post or otherwise make available any unsolicited or unauthorized “junk messages,” “spam,” “chain letters/messages,” “pyramid schemes,” or any other form of solicitation, except as specifically authorized by the TPC administrator;
- transmit, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time message exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Philippine Government, any rules of any national or other securities exchange, including, without limitation the Philippine Stock Exchange and any regulations having the force of law;
- “stalk” or otherwise harass another Service user; or
- sell or distribute in any way, personal information about other Service users.
- violate any of the provisions of the Philippine cyber law.
You acknowledge that TPC does not pre-screen Content, but that TPC and its designees shall have the right (but not the obligation) in their sole discretion to refuse to deliver or to remove or screen any Content that is transmitted via the Service. Without limiting the foregoing, TPC and its designees shall have the right to remove any Content that violates the TOU or is otherwise considered objectionable by the TPC administrator. You agree that you must evaluate, and bear all risks associated with, the transmission of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that TPC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TPC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside.
You agree to indemnify and hold TPC, and its telecommunications providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content that you or any of your designated service operators originate, send or transmit in response to messages received via the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TPC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account using the Service, the maximum size of any message that may be sent from or received by an account using the Service, the maximum disk space that will be allotted on TPC’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that TPC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TPC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TPC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- MODIFICATIONS TO SERVICE
TPC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TPC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TPC, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TPC believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
TPC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that TPC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TPC shall not be liable to you or any third-party for any termination of your access to the Service.
The Rights granted under this terms of service can be unilaterally revoked and/or modified by TPC at anytime, for whatever reasons, without prior notice.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TPC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TPC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A BY PRODUCT OF THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TPC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TPC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
Notices to you may be made via telephone, email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the login page of the Service.
- TRADEMARK INFORMATION
TPC, the TPC logo, and service marks, and other TPC logos and product and service names are trademarks of Telepreneur INC.’s, (the “TPC Marks”). Without TPC’s prior permission, you agree not to display or use in any manner, the TPC marks.
- GENERAL INFORMATION
The TOU constitute the entire agreement between you and TPC and governs your use of the Service, superseding any prior agreements between you and TPC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and TPC shall be governed by the laws of the Philippines, without regard to its conflict of laws provisions.
In case of dispute, you and TPC agree to first refer the dispute to any alternative dispute resolution mechanism before going to courts.
You and TPC agree to submit to the exclusive jurisdiction of the courts located within Quezon City, Philippines. The failure of TPC to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. 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 Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to the LOADLINE administrator by telephone at (632) 234-1832.
By checking this box, I agree to the terms and conditions of TPC.
Telepreneur Corp. is NOT responsible for any loss of LoadMoney
secondary to my giving out of my password