TERMS AND CONDITIONS
The Business Partner hereby agrees that by enrolling in www.easybuild.holcim.com that it consents to and shall be bound by the following terms and conditions:
(a) recordkeeping and documentation purposes related to the Company’s use of the Website;
(b) organizing seminars, events or other marketing/promotional activities;
(c) complying with reportorial, filing, and other legal requirements under the law, or as required by any request or direction of any governmental authority, or responding to requests for information from public agencies, offices, statutory boards or other similar authorities;
(d) storing, hosting, backing up (whether for disaster recovery or otherwise) of personal data, whether within or outside the Philippines;
(e) responding to legitimate complaints, queries and/or requests by parties in connection with any work performed by the Company, third party contractors, and regulatory government agencies in connection with the exercise of their statutorily mandated functions;
(f) handle any and all investigation, legal or other claims arising out of a transaction or request with the Company; and/or
(g) any other purposes related to any of the foregoing.
Data Protection Officer, Holcim Philippines, Inc., 7/F Venice Corporate Center, #8 Turin Street, McKinley Town Center, Fort Bonifacio, 1634 Taguig City.
11) The Business Partner hereby agrees that all intellectual property rights in the Product and in this Website, including but not limited to all logos, graphics, page headers, button icons, scripts, and service names are and remain to be properties of the Company or are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company, as the case may be. The Business Partner shall not use the same without the Company’s and that owner’s permission. Subject to the Business Partner’s compliance with these Terms and Conditions and applicable laws, and the Business Partner’s payment of any applicable fees, the Company grants the Business Partner a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for the purpose of transacting with the Company for the Product. The Business Partner shall hold the Company harmless from all damages suffered by the Company for the Business Partner’s violation of this Clause.
12) The Business Partner hereby acknowledges that to use the Website, it and all persons who use the Website on behalf of the Business Partner may be required to be logged in to the account. The Business Partner hereby acknowledges that it is responsible for maintaining the confidentiality of its account and password and for restricting access to its account, and further agrees to accept responsibility for all activities that occur under its account or password.
13) The failure by the Company to exercise any right or remedy herein granted shall not be construed as a waiver thereof and the exercise of such rights shall be at the sole discretion of the Company.
14) None of the rights or obligations obtained by the Business Partner pursuant to its enrollment in Website may, in any manner, be assigned or transferred or encumbered by the Business Partner to any other person, corporation, firm or association, without the prior written consent of the Company.
15) Except for those terms that are meant to survive past the Business Partner’s enrollment in the Website, these Terms and Conditions shall be effective for as long as the Business Partner is enrolled in the Website, and are subject to change by the Company by giving notice to the Business Partner.
16) The Business Partner and/or the persons acting on his/her behalf and who enroll on and use the Website shall be solidarily liable for any and all of the Business Partner’s obligations under, pursuant to, or in connection with, the use of Website and any and all of the transactions contemplated herein, or any collateral agreement or any document executed in furtherance hereof or thereof, and shall be bound by these Terms and Conditions.
17) All disputes, controversies or claims arising out of, relating to, or in connection with these Terms and Conditionsor the breach, termination or invalidity hereof, shall be resolved amicably by the the Company and the Business Partner. If such dispute, controversy or claim cannot be amicably settled within twenty (20) days from receipt by one party of notice sent by the other party of the existence of such dispute, controversy or claim, then such dispute, controversy or claim shall be finally settled by arbitration conducted in accordance with Republic Act No. 876, otherwise known as the Arbitration Law, in conjunction with Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004 and the New Arbitration Rules of the Philippine Dispute Resolution Center, Inc. (PDRCI).
18) The dispute, controversy or claim shall be resolved by a panel of three arbitrators, who shall be experts in Philippine law. The Company and the Business Partner shall each appoint one arbitrator, and the arbitrators appointed by them shall jointly appoint the chairman of the panel. The costs and expenses for the arbitration, including the arbitrators’ fees, shall be allocated to the party determined to have been at fault or in breach of these Terms and Conditions, or otherwise responsible for, or the cause of, the dispute, controversy or claim. The venue of the arbitration shall be in the PDRCI office in Metro Manila, Philippines, to the exclusion of all other venues.
19) In the event of judicial proceedings instituted by either Party, the venue of litigation shall be the proper courts of Taguig City, to the exclusion of all other courts. The prevailing party shall be paid by the other party a reasonable compensation for its expenses and charges including attorney’s fees which in no case shall be less than twenty percent (20%) of the amount in dispute in addition to all other expenses of litigation and costs of suit.