WEBSITE TERMS AND CONDITIONS


Introduction

Welcome to the website of Flip Top Kru (the “Company”). The use of this website signifies your acceptance of these terms and conditions (“Terms and Conditions”). If you disagree with these Terms and Conditions or any part of these terms and conditions, you must not use this website.

By using this website and agreeing to these Terms and Conditions hereof, you warrant and represent that you are at least eighteen (18) years of age.

This website uses cookies. By using this website and agreeing to these Terms and Conditions, you consent to the use of cookies in accordance with the terms of the Company’s Privacy Policy.

This website will collect some of your personal data. By using this website and agreeing to these Terms and Conditions, you consent to the collection of data in accordance with the Company’s Data Collection Policy.

  1. License To Use Website
    1. Unless otherwise stated, the Company owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
    2. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
    3. You must not:
      1. republish material from this website (including publication on another website);
      2. sell, rent or sub-license material from the website;
      3. show any material from the website in public;
      4. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
      5. edit or otherwise modify any material on the website; or,
      6. redistribute material from this website (except for content specifically and expressly made available for redistribution).
    4. As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.
    5. You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
    6. You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately by contacting us as below:
  2. Acceptable Use
    1. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    2. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
    3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express written consent.
    4. You are prohibited from using this website to transmit or send unsolicited commercial communications, or for any marketing related purposes without the express consent of the Company.
  3. Restricted Access
    1. The Company reserves the right to restrict access to certain areas of this website at the Company’s discretion.
    2. If the Company allows you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
    3. The Company, at its sole discretion, may disable your user ID and password.
  4. User Content
    1. “User Content” refers to material (including without limitation text, images, audio material, video material and audio-visual material) submitted to this website as an entry or a comment.
    2. You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
    3. User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, the Company or a third party under applicable laws, rules and regulations.
    4. User Content submitted to the website must not be, or have been, the subject of any threatened or actual legal proceedings or other similar complaint.
    5. The Company reserves the right to edit or remove any material submitted to this website, stored on the Company’s servers, or hosted/published on this website.
    6. Notwithstanding the foregoing, the Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
  5. No Warranties
  6. This website is provided “as-is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website including claims as to the accuracy, completeness of information, or as to the availability of the website.

    Nothing on this website is meant to constitute advice of any kind, which must be sought independently from qualified professionals.

  7. Limitations of Liability
  8. The Company will not be liable in relation to the contents of, or use of, or otherwise in connection with, this website:

    1. to the extent that the website is provided free-of-charge, for any direct loss;
    2. for any indirect, special or consequential loss; or
    3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  9. Indemnity
  10. You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by the Company as result of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

  11. Breach
  12. Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

  13. Variation
  14. The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

  15. Assignment
  16. The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

  17. Representations and Warranties
  18. By using the Company’s website, you represent and warrant that:

    1. You have all requisite power, authority and legal right to access the website, create an account and upload information;
    2. All information and documentation that you have furnished or will furnish to the other Party is true, fair and accurate and nothing has been furnished or omitted from such information which would or might make any of such information misleading or false.
  19. Complete Agreement
  20. These Terms and Conditions constitute the entire, full and complete agreement between the Company and you concerning the subject matter thereof, and supersedes all prior negotiations, proposals and agreements (whether oral or written), and there are no representations, promises, inducements, or agreements, between the Parties which have not been embodied herein.

  21. Severability
  22. The provisions of these Terms and Conditions shall so far as possible be construed so as not to be invalid, illegal, inoperative or unenforceable in any respect, but if any provision on its true interpretation is illegal, invalid, inoperative or unenforceable or is judicially declared invalid, illegal or unenforceable in any respect: (i) that provision shall, so far as possible, be construed and interpreted so as to ensure that it is not illegal, invalid, inoperable or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or (ii) if the provision or part of it cannot be construed and interpreted to give it a valid operation of a partial character, the provision or part shall be deemed to be void and severable and the remaining provisions of this Deed shall not in any way be affected or impaired.

  23. No Waiver
  24. The failure of any Party to enforce any rights or remedies under these terms and conditions shall not be construed as a waiver of its right to exercise or enforce such right or remedy or a waiver of any continuing, succeeding or subsequent breach of any provision of this Deed.

  25. Governing Law
  26. This Deed shall be governed by, and construed in accordance with, the laws of the Republic of the Philippines.

  27. Venue of Suits
  28. All actions that may be brought by the Parties under this Deed shall be filed exclusively in the proper courts of Mandaluyong City, to the exclusion of all other venues.