Last updated: 12 January 2022
LABORLAW.PH – TERMS OF SERVICE
We thank you for using our digital platform and/or services (henceforth, collectively the “Services”).
Please take the time to review the following terms and conditions (henceforth, the “Terms”) on the use of Services.
1. Your consent
By accessing, registering, and continued use of our Services, you unconditionally give your unconditional consent to our Terms, Privacy Policy (at https://laborlaw.ph/privacy-policy), Legal Disclaimer (at https://laborlaw.ph/disclaimer), and Additional Terms for applicable additional services and/or products, as well as subsequent revisions to any of these. It is your responsibility to be regularly updated for these changes.
You declare and warrant that you are of legal age and have the legal capacity to enter into a contract by your national law and in the jurisdiction where you are accessing the Services.
2. Dispute Resolution
a. Notices: You agree to receive legal notices and/or demand letters via the Service’s communication channels, or your provided email address, or your last known address via private courier or registered mail. The notices shall be considered served after forty-eight (48) hours if sent via the Service or email; or, after seventy-two (72) hours if via private courier or registered mail. Conversely, you may send notice to us via the contact details provided in the Service.
b. Duty to Amicably Settle Controversy: In case of dispute, both parties unconditionally agree tao first personally meet to explore solutions for an amicable settlement within thirty (30) days from service of an email or written notice by the concerned party to the other. This duty to amicably settle includes the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for purposes of reaching a mutually acceptable compromise agreement.
The above-mentioned settlement dispute shall be a pre-condition or a pre-requisite prior to filing any legal action before the proper courts or tribunal. Non-compliance with this section shall result in the dismissal of any action filed with all costs, expenses, and attorney’s fees to be shouldered or reimbursed by the non-complying party to the other.
c. Arbitration Agreement: In the dispute remains unresolved notwithstanding the above step, both parties unconditionally consent to resolve the controversy by submitting it to the sole and exclusive jurisdiction of the proper and competent arbitration tribunal constituted by the Philippine Dispute Resolution Center Inc. (PDRCI) at Taguig City, following the latter’s requirements, rules, and procedure. The seat and venue of the arbitration shall be in Taguig City, using the English language, with the arbitration fees equally shouldered by both parties, without prejudice to the Arbitrator deciding on the costs and expenses as may be reflected in the arbitration decision.
d. Governing Law: This Terms shall be interpreted, constructed, and governed by the laws of the Republic of the Philippines.
e. Legal costs and fees: Should a party be compelled to engage the services of a legal counsel and/or incur costs and expenses to litigate or enforce any contractual obligation, including preparations of filing an action, against the second party, the first party shall be indemnified or reimbursed by the second party for all amounts for litigation costs and expenses, including attorney’s fees. This includes defending against any demand, claim, action, or suit due to the second party’s non-performance of the obligations by the second party.
3. User Warranties and Representations
You hereby warrant and represent that:
a. You are making the following declarations, representations, warranties, and/or undertakings as enumerated herein and throughout the Terms, in relation to your use and/or continued use of the Service, including but not limited to creation of an account, posting any content, participation in any activity or event, and analogous thereto.
b. You are of legal age and have the legal capacity to contract, or properly authorized to contract if for a principal, a company, or organization, including providing information and submitting documents. When required or requested to verify your identity, you undertake to and shall submit true, genuine, accurate, complete, and updated information and/or documents, including but not limited to, any form of Government identification and/or registration, licenses, and permits. You acknowledge that we may rely on these submissions for whatever purpose, including legal compliance, taxation, and similar thereto.
c. You shall submit true, genuine, accurate, complete, and updated information when creating or using your account. Whenever there are changes to your current information, you shall provide for updated information as soon as possible.
d. You shall be responsible for creating, maintaining, and safekeeping your account, password, and/or user credentials or log-in details, which may be used to securely access the Service. Transactions and activities under your account are presumed to be made by you for which you shall assume full and complete responsibility. Towards this end, you shall ensure that you practice safekeeping and protecting your account, including but not limited to, logging out when not using the Service, changing passwords regularly, and verifying whether there has been any form of unauthorized access to your account.
e. You confirm that you are authorized and/or have obtained consent to provide the contact information that you provided or uploaded.
f. You shall avoid authorizing others to use your account and/or identity, including transferring your account to any other person or entity, whether or not for profit or gain. You shall immediately notify us of any unauthorized use of your account, including any breach of security and/or identify theft.
g. You shall notify us immediately and ensure that no one has made attempts to change your password by checking your email, mobile, or other devices that may have been designated for password recovery, should you be locked out of your account for any reason, such several failed attempts log in or any other suspicious activity, you should notify us immediately and ensure that no one has made attempts to change your password by checking your email, mobile, or other devices that may have been designated for password recovery.
h. You shall not actively conceal relevant information nor do any fraudulent activity, make misrepresentations nor misdeclarations, nor shall hold yourself out as an agent or one having authority to act, represent, or bind us to any obligation or commitment.
i. You shall only use the Service for lawful purposes and its intended use. Except for the intended use of the Service, you shall not attempt to profit from it and/or its contents, without our express written permission, including but not limited to, revising, altering, modifying, copying, reproducing, displaying on public, creating derivative works, mirroring on any servers, or distributing the Service to the public or for commercial purposes. You shall not attempt to interrupt, interfere, damage, make fake posts or referrals, on the Service. You shall not attempt to derive the source code or any programming language of the Service, including but not limited to, explore vulnerability or security issues (commonly known as white hacking), decompiling, reverse engineering, decrypting, and analogous thereto, as well as deploying web spiders or crawlers or however designated, viruses, or any other form of malware, which may result in various server requests resulting in the interruption of the Service and or for purposes of mining or scraping data.
j. You unconditionally consent to hold us, free and harmless, as well as defend and/or reimburse/indemnify us, by assuming full and complete responsibility or liability, for any loss or damage, including attorney’s fees, that may be incurred by other users and/or third parties, or by us, resulting from your breach of the Terms, whether intentional or otherwise. Similarly, you agree to hold us, free and harmless, from any fraudulent or deceitful act of any User or Third-Party Provider, who are responsible for their own conduct. The obligations specified in this paragraph extends to our affiliates, shareholders, directors, officers, managers, employees, and agents.
k. You agree that the Service is provided through reasonable efforts on an as-is basis or through available features. You acknowledge that the Service may have varying degrees of functionality in various browsers or devices, due to several reasons, including Internet connectivity, compatibility, firmware or software, settings, and analogous thereto.
l. You shall be solely responsible for any consequences should you use or have had your devices rooted, which may result in the issues or problems with your devices or with the Service or Platform, potential loss of data including your own data on the Service or Platform, as well as any possible security risk or threat to your devices and user credentials or log-in details
m. You unconditionally agree that we may, at our sole discretion and determination, restrict, suspend, de-activate or terminate any account of a User for valid and legitimate reasons, including but not limited to, violations of the Terms and other agreements, complaints or policy violations, fraudulent or criminal activities, transacting outside of the Service despite using it to initiate contact or start the transaction, rigging or gaming the system, no user activity in a span of at least six (6) months from the last transaction, causing harm or damage whether to other Users or us, conduct or behavior prejudicial to us and/or the Service, and any violation or circumvention or violation of the Terms and its intent.
4. Our Disclaimer of Warranties
a. Availability of the Service: We do not make any declaration, representation, warranty, or guarantee on the reliability, dependability, availability, quality, accuracy, completeness, or timeliness, of the Service. Neither do we make any representations or warranties: (a) that the Service is secure, free of errors, uninterrupted, function or operate with other hardware, software, system, data, programing, as well as interactions with these that may cause harm; (b) that the Service will meet your requirements or expectations, as it is provided on an as-is basis; (c) that any content, stored data, or information are accurate, reliable, or complete; or (d) any content posted by a User is true, genuine, accurate, complete, and updated. To the extent permitted by law, all other warranties, whether implied or expressed, are excluded.
b. User-generated content: Users are responsible for all content that they post, including but not limited to comments, images, audio, videos, audio-video presentations, and analogous thereto. These user-generated content are of solely their own or of their making. They do not necessarily reflect our views; neither do we endorse, guarantee, nor warrant as to whether they are genuine, accurate, complete, truthful, or factual. While having no obligation to do so, we may at our sole discretion investigate complaints and act on them accordingly.
c. Internet Connectivity Issues: The Service is subject to restrictions, limitations, delays, issues, or problems inherent in the use of the Internet and/or electronic communications including but not limited to, availability or speed of Internet connectivity, issues attributable to your devices, limitations that may be imposed by your Internet Service Provider or a regulatory body.
d. Third-Party Hyperlinks: The Service and/or the Users may provide hyperlinks that connects to online content (the “Third-Party Hyperlinks”) which are owned or managed by third parties and which are often changed from time to time. We are not liable for any content shown therein or any resulting incident from clicking these links as we have no control over them. We do not endorse nor claim that these links have been verified or checked for issues.
e. LIMITATION OF LIABILITY: YOU UNCONDITIONALLY AGREE, TO THE EXTENT PERMITTED BY LAW, THAT ANY CLAIMS THAT YOU MAY HAVE AGAINST US SHALL BE LIMITED TO AND ONLY TO THE SUM TOTAL OF PAYMENTS YOU ACTUALLY MADE AND/OR OWING TO YOU RESULTING FROM THE USE OF THE SERVICE: PROVIDED, THAT: (1) YOU SHALL BE ABLE TO PROVE YOUR CLAIMS WITH GENUINE AND RELEVANT SUPPORTING DOCUMENTS; AND (2) YOUR CLAIM SHALL NOT EXCEED FIFTEEN THOUSAND PESOS (PHP15,000.00).
YOU CONSENT TO WAIVING ALL OTHER LIABILITY, LOSS, DAMAGE, OR INJURY (COLLECTIVELY, “DAMAGE”) THAT YOU MAY INCUR OR BE DONE TO YOU, INCLUDING ANY THIRD PERSON WHO MAY BE AFFECTED, IN RELATION TO THE IMMEDIATELY PRECEDING PARAGRAPH. THE WAIVER INCLUDES BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM THE USE OF THE SERVICE, UNAVAILABILITY OR INABILITY TO USE THE SERVICE, DEPENDENCE OR RELIANCE ON THE COMPLETENESS OR ACCURACY OF CONTENT BY OTHER USERS OR ADVERTISERS/THIRD PARTY PROVIDERS, TRANSACTIONS BETWEEN YOU AND OTHER USERS OR ANY THIRD-PARTY PROVIDER INCLUDING MERCHANTS OR SPONSORS/ADVERTISERS, REGARDLESS OF WHETHER WE HAVE BEEN PREVIOUSLY INFORMED OF THE LIKELIHOOD OF ANY OF THESE DAMAGE.
YOU ACKNOWLEDGE THAT WE SHALL NOT BE A PARTY TO ANY CONFLICT RESOLUTION INCLUDING MEDIATION OR NEGOTIATION OF DISPUES BETWEEN YOU AND OTHER USERS, THIRD PARTIES, INCLUDING MERCHANTS OR SPONSORS/ADVERTISERS. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY OR LIABILITY WITH YOUR DECISION TO TRANSACT WITH THEM.
5. Miscellaneous provisions
a. Force Majeure: Except monetary payments under this Agreement, when a period of time is provided in this Agreement, neither party shall be held liable nor responsible for any delay or failure to perform due to force majeure, including but not limited to, storms, typhoons, cyclones, earthquake, volcanic activity, tidal wave, storm surge, tsunami, flood, damage or destruction due to lightning or fire, strikes, lockouts, casualties, war, governmental regulation or control or other causes beyond the reasonable control of the parties, and analogous thereto. During the force majeure, the obligations of the Parties are merely suspended. They shall continue with the performance of their obligations within a reasonable time after the passing or lapse of the force majeure. For the specific and limited application of events related to Covid-19, they shall be considered force majeure only and only if the city or municipality of where your principal place of business or registered address with us is placed on any form of lockdown or quarantine that absolutely prohibits banking activities.
b. Non-Waiver, Non-Assignment: We shall not be considered to have waived our rights if we fail to insist on your performance of any obligations herein. Further, you shall neither assign nor transfer your contractual rights and/or obligations under this Agreement without our prior and express written consent; however, you consent that we may assign our contractual rights and/or obligations herein.
c. Suspension/Termination: You unconditionally agree that, at any time, and without notice, we may change, revise, modify, suspend, or terminate the access or operation to the Service or sections thereof, for any reason, including but not limited to, maintenance, security check, updates, improvements, and similar thereto. We shall not be responsible for any compensation resulting from the suspension or termination of the Service.
d. Email Newsletters: You unconditionally agree to receiving occasional email newsletters to be informed of any developments of the Service. Your agreement herein shall be considered your opt-in for purposes of consent. You may modify this option later on, including unsubscribing.
e. Entirety: This Terms any referenced documents, if any, shall constitute the entire and complete agreement between the parties arising out of or in connection with the subject matter hereof. This shall supersede and render ineffective any and all prior agreements, whether verbal, in writing, or otherwise. The parties agree that all previous agreements that are not incorporated or stated herein are waived and shall not serve as a basis for any right or interest. These cannot be modified, amended, or revised without a subsequent written agreement signed by both parties.
f. Separability: The provisions herein shall be interpreted and executed to the extent that they are valid and enforceable. In case provisions shall be declared invalid, illegal, or unenforceable, the remaining and unaffected stipulations shall remain valid, binding, and effective.
g. Effectivity: The Terms takes effect upon your submission of your consent as evidenced by your clicking of the option indicating your agreement to be bound by the terms and conditions herein.
6. Contact information
For any concerns, you may reach us at: info@laborlaw.ph.