Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court. If you have any questions about these terms, please contact [email protected] Some features of our membership benefits may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you.
BENEFITS FROM HORSEPOWER.PH AND THIRD SERVICE PROVIDERS
By agreeing to these terms and conditions, you are entering into an agreement that describes your rights and obligations in connection with your receipt of the benefits in provided through the Horsepower membership program, comprising of 1) services provided through our website, horsepower.ph and our mobile applications (known as our “online services”), and 2) discounted services from third party service providers, both online and offline such as insurance benefits.
All such third party services are provided solely by the applicable third party pursuant to a separate agreement between you and the third party. You agree that our making available access to or discounts for these third party services does not constitute provision of such third party services by us, and you will look solely to the applicable third party for provision of the applicable third party services and for compensation for any claims, damages, liabilities or losses you may incur in connection therewith.
The availability and scope of our online services, as well as the availability and scope of benefits we offer in relation to third party services, is subject to change from time to time in our discretion. The list of benefits are shown in our website, www.horsepower.ph
By signing up for an account and providing your payment information, you agree to pay us the recurring or nonrecurring fees as displayed to you at the time you create your account. You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees and any other amounts you may incur or be liable for in connection with your Horsepower.ph membership.
Your use of the online services and other membership benefits may be immediately suspended if we are unable to charge such payment instrument for any reason. Recurring fees shall be charged on each applicable anniversary (e.g., monthly, quarterly, etc.) of the first date of the applicable period. The fees applicable to your account may be subject to modification from time to time pursuant to notice provided by us at least fifteen (15) days in advance of the payment date for which the modification would be effective.
Benefits provided directly by our third party service providers to you may require a separate payment and will be covered by the terms and conditions of said third party service providers.
DISCLOSURE OF PERSONAL INFORMATION
STANDARDS OF USER CONDUCT
The Websites include social media tools and other interactive areas where you and other users may communicate with or post material accessible to others. You are responsible for the things you post and the content you share through our online services, including its legality, reliability, and appropriateness. You assume total responsibility and risk for your use of these social media tools and interactive areas. On the condition that you comply with the Terms, you have the right to access and use the content and information that is available on our online services.
General User Conduct – You will not attempt or do any of the following:
- interfere with or disrupt the site, our computer systems, servers or networks;
- attempt to gain unauthorized access to any part of the Websites, to accounts that belong to other users, or to computer systems or networks connected to the Websites;
- engage in any systematic extraction of data or data fields, scraping, spidering, crawling or other technology or software used to access data. including, without limitation, email addresses;
- collect information about others without their consent;
- interfere with the use of the Websites by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on the Site with any other person.
Specific User Conduct on Posting – When using any of these social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane,sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule or regulation;
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark or other intellectual property rights;
- profanity in subject lines, messages or signatures;
- any material containing viruses, Trojan horses, worms or any other disruptive or harmful component;
- material that breaches another’s privacy, i.e., containing phone numbers, addresses or other personal information;
- spam, including but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, material that is unrelated to the forum in which it is posted;
- materials that contain advertisements or commercial solicitations; and
- materials that discuss illegal activities or links to websites that deal with such activities.
Enforcement. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your content from our online services (or modifying it), suspending or terminating your membership, and/or reporting you to law enforcement authorities, if your content or conduct violates these terms of service. We may access and disclose any information or content about you or that you have posted where we feel necessary or appropriate to cooperate with governmental requests, regulatory authorities, subpoenas and court orders, and to protect the safety or rights of any person.
Our rights of ownership. We and our licensors own our online services, including the software and underlying technology, logos that makes it available. Unless otherwise stated, we also own all the trademarks, logos, service marks and trade names displayed on the site. All of these are protected by copyright and other intellectual property laws worldwide. By accessing or using our online services, you do not acquire any ownership rights in or to any of our intellectual property. Unless expressly grant rights to you in these terms of service, we retain all rights in our online services and software. Nothing in the Terms grants you a right/license to use any trade mark, design right or copyright owned or controlled by us, other users or any of our third party service providers as expressly provided in the Terms.
Our copyright policy. It is our policy to remove, or disable access to, any content that infringes any copyright on our online services after we have been notified by the copyright owner (or their legal agent). If you believe any content on our services infringes your copyright, you may request removal of those materials from our services by providing us the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the content that you believe to be infringing and its location on our services. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the content.
- Your name, address, telephone number and email address.
- A written statement from you that you have a good faith belief that the use of the content is not authorized by the copyright holder, its agent or the law.
- A written statement from you that the information that you have supplied is accurate and that you warrant and represent to us that you are either the copyright owner or are authorized to act on the copyright owner’s behalf with respect the applicable content.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Intellectual Property over User Generated Content – We do not claim any ownership of any Intellectual Property Rights in your User Generated Content, which include any text, files, images, photos, videos, music or works of authorship that you contribute to the Website (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Website). After posting User Generated Content, you retain all rights of ownership which you have subsisting in it and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms and Conditions).
Limited Right to Use User Generated Content – You hereby grant us the right to publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the Website or as part of any materials used to promote or advertise the Website anywhere in the world. You are free to use Your User Generated Content outside of our Website in any way you choose and in turn we shall not distribute or sell any of Your User Generated Content outside of our Website without your permission.
We try to keep our Services safe, secure, and functioning properly, but we cannot absolutely guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Horsepower’s applications may not occur in real time. Such functionality is subject to delays beyond our control.
Disclaimer of Warranties – You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Damages / Indemnification – We are not liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Website. Because the Website is not absolutely error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
We are not liable for actions of our users. We do not control and are not responsible for the actions of users on or of our services. We also do not and have no obligation to screen, edit, or review submissions. You should be aware that other users may not be who they claim to be. We do not perform background checks on our users nor do we guarantee that our users’ profiles are accurate. User submissions may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any submission is at your own risk. We do not endorse, support or verify the facts, opinions or recommendations of our users.
We do not have liability for third party websites. Our services may contain links to third party websites or products or services from other providers that may offer you the ability to download or access software, content or services. Our services may also display advertisements from third parties and links to the sites of such advertisers. We are not responsible for the content of these advertisements or any links, or any products, services or other materials relating to such advertisements. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use or reliance on any advertisement on our services or any products, services or other materials relating to any advertisement.
COMPLAINTS AND DISPUTE RESOLUTION
We’re committed to resolving our member’s disputes in a fair and efficient manner. If you’re not satisfied with the resolution we’ve offered you, we invite you to let us know. We remain committed to resolving all disputes in a fair, effective, and cost-efficient manner.
In-house remedies (Complaints) – Most member concerns can be resolved quickly and to the Member’s satisfaction by chatting with us online, emailing our customer service representative at [email protected]
Arbitration – In the unlikely event that our customer service department is unable to resolve your complaint to your satisfaction, the parties each agree to resolve all those disputes or claims arising out of or in connection with this Terms and Conditions of Membership exclusively through binding one-man ad hoc arbitration in accordance with RA 9285 otherwise known as the Alternative Dispute Resolution Act of 2004, RA 874 Domestic Arbitration Law and the applicable implementing rules. As a condition precedent to arbitration, you must first avail of the in house remedies before proceeding to arbitration.
Manner of Arbitration – Arbitration can only be availed of after you have exhausted the remedies available in-house, that is, by first lodging a complaint. This is to give us an opportunity to resolve your problems in the basic level. Nevertheless, the following Arbitration is commenced by furnishing the other party with a Request for Arbitration pursuant to RA 876.
- The arbitrator who shall resolve the dispute shall be appointed by the appropriate officer of The Integrated Bar of the Philippines;
- The governing law of the arbitration shall be the laws of the Philippines. The procedure for arbitration shall be governed by Chapter V Domestic Arbitration of Department of Justice Circular No. 98
- “Implementing Rules and Regulations of the Alternative Dispute Resolution Act of 2004”
- The place of arbitration shall be Pasig City.
- The language of arbitration shall be English and Filipino.
Complaints with respect to third party service providers – We shall gladly entertain any complaints that you may have with respect to membership benefits that are directly provided for by third party service providers (i.e such as insurance and health benefits, access to third party websites). We shall coordinate and forward with the third service provider to resolve your complaints to the best of our abilities. However, in the unlikely event that the third service providers fail to resolve the complaint, the dispute resolution mechanism contained in your contract with the third service providers shall govern.
Severability – If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
Waiver – A party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Notice – All notices, requests, claims, demands and other communications between the parties, shall be in writing and shall be given either by (i) by delivery in person (ii) by registered first class, registered or certified mail, postage prepaid, (iii) by electronic mail] to the address of the party specified in this Agreement or such other address as either party may specify in writing.
Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.