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Terms and Conditions of Use

Terms and Conditions of Use

These use of this site (the “Site”) for the purposes stated in Scope of Services below is subject to these Terms of Use (“Terms”).

The Site is owned, managed and operated by Nook Asia Pacific Enterprise Inc. (“Nook”, “Website Owner”, “us”, “we”, or “our”), a corporation incorporated in the Philippines, whose website hosting servers and assets are located in Japan.

The Home Loan Referral services (the “Services”) are being provided by Nook through (a) the Nook website or app (the “Site”), and (b) kiosks or stalls located in various malls and other locations (each, a “Kiosk”).

We advise you to read these Terms and Conditions carefully as they contain important information regarding your rights and obligations when using the Site and the Services.

By accessing, using this Site and/or by availing or seeking to avail yourself of the Services, you acknowledge that you have read and understood, and agree to the Terms and Conditions set out below and other terms and conditions in relation to this Site, including but not limited to the Privacy Policy, which form an integral part of these Terms.

By availing or seeking to avail yourself of the Services, you do not acquire any rights against the Website Owner, and the Website Owner does not assume any obligations towards you.

You must be at least eighteen (18) years old to use the Site. If you are representing a company, organization or any other legal entity (“Entity”), you have the authority to bind the Entity to these Terms.

Scope of Services

As an institutional referrer, we match potential borrowers with our banking partners (each, a “Lender”) to find the most appropriate real estate loans (“Home Loan Referral”), the proceeds of which shall be used to: (i) purchase real estate property, (ii) construct/renovate/improve the borrower’s house/residence, (c) refinance their existing real estate loan/s with other banks; (d) buy foreclosed real estate assets; or (e) finance any other housing-related purposes, as may be offered by the Lenders (“Home Loan”).

Pursuant to the Services, we may:
- provide information about Lenders’ Home Loan products, terms and conditions, charges and fees imposed by Lender, and the Required Documents and Information (collectively, “Home Loan Information”), and entertain questions from applicants about the same; and
- Collect such documents and information as a Lender may require from applicants for purposes of evaluation and approval of an application for a Home Loan (the “Required Documents and Information”), and submit them to a Lender for further processing at the request of an applicant.

Nook does not charge a commission for the Services. While you are not responsible for making referral payments to us, as part of the Services, we may be paid valuable consideration in exchange for your referral to one of the Lenders. You authorize us to make a Home Loan Referral and acknowledge Nook may be paid valuable consideration for facilitating such referral.

Although we will use our expertise with caution in performing the Services, we do not verify, and do not guarantee, that all information regarding Home Loan products provided is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Site or otherwise), inaccurate, misleading or false information or non-delivery of information.

Limitations

We have the right to not refer any application for a Home Loan (or in certain cases cancel an existing or already referred and completed application) at our sole discretion and for any cause, without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting an application may include but are not limited to:
- breach of these Terms, or a history of breaches of these Terms,
- embargo,
- prohibitions under relevant regulations, fraud or theft (or indication or suspicion of fraud or theft),
- suspicion of criminal activity,
- suspicious activity on the Site or in the availing or seeking to avail yourself of the Services,
- services not being available or no longer being made available by the partner banks,
- the home loan applicant providing incomplete, inaccurate, erroneous or misleading information, information or transactions,
- inappropriate behavior, threats, or insults,
- refusal to provide information,
- practical impediments, or
- communication difficulties or breakdowns.

By requesting for us to submit a Home Loan application on your behalf and refer you to a Lender, you accept and agree to the terms and conditions of applicable Lender, including their policies regarding the submission of required documents and information for the completion of a Home Loan application, or your specific requests which may be given to a Lender. We are not responsible for any violation of such other terms and conditions which are agreed on between you and the Lender, or which are based on your specific requests, so please read the Lenders’ terms and conditions carefully.

Nook does not guarantee the granting of a Home Loan by any Lender. A Home Loan application is considered by a Lender for approval or denial only upon submission of a completed application, together with the Required Documents and Information, to a Lender.

Nook does not, and does not purport to, have authority to create any contractual obligation, bind, oblige or otherwise commit any Lender by any promise or representation. Nook is an independent contractor and is not a partner, agent, or employee of any Lender.

Nook will not be a party to any contract that you may enter into with a Lender. Compliance with legal and contractual obligations in relation to a Home Loan shall be your sole responsibility.

Site Content

The Site allows Third Parties (which include, but are not limited to, Lenders or other companies advertising on the Site through banner advertisements or other kinds of promotional material) to deliver, load, transmit or otherwise make available any information, data, text, images, sound, graphics, video, messages, or other materials ("Content").

Content provided on this Site is solely for informational purposes. Product representations expressed on this Site are those of the Third Party making such representations, and are not made by us. Submissions or opinions expressed on this Site are those of the Third Party making such submissions or opinions and such content does not reflect our opinion. Further, the Site does not make any representations and should not be construed as making any recommendations or suggestions.

The Site does not verify and does not guarantee, in any manner whatsoever, that all Content and information, particularly those provided by third parties, in the platform are accurate, complete, correct or the latest available. The Site is not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Site or otherwise), inaccurate, misleading or false information or non-delivery of information contained within its platform.

Handling Your Account

In order to register an account with the Site, you may need to provide your personal information, such as your name, e-mail address, and mobile phone number when you register. Only you can use your own account, and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason. You are responsible for the safekeeping of your account password and any identification that may be provided to you. You cannot assign or transfer your account to any other party.

Any communications or information you transmit to the Site will be treated as non-proprietary. They may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, and for the delivery of the Services. Further, we are free to use any ideas, concepts, know-hows or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing and marketing of services using such information.

General Use of the Site

Right to Restrict Access

The Site may delete or remove your membership as the User of the Site, either temporarily or permanently. Such removed users are prohibited to attempt using the Site in any other name or through other users.

The Site may temporarily block, delete or inactivate a User’s account at its sole discretion and for any cause without giving reasons for blocking, deletion, or inactivation of the user’s account.

The reasons for blocking, deletion, or inactivation of your account may include but are not limited to:
- breach of these Terms, or a history of breaches of these Terms,
- prohibitions in regulations,
- fraud or theft (or indication or suspicion of fraud or theft),
- suspicion of criminal activity,
- suspicious activity on the Site or in the availing or seeking to avail yourself of the Services,
- user providing inaccurate, erroneous or misleading information,
- inappropriate behavior, threats, or insults, refusal to provide information,
- practical impediments, or
- communication difficulties or breakdowns.

Third Party Links and Content

The Site may contain links to websites operated by Third Parties. We do not control those sites or links, nor do we necessarily partner with such Third Parties, and are not responsible for the content or privacy or other activities of such other sites.

You agree that the Site is not responsible for the content or the availability of such sites and resources, and it does not endorse or recommend and is not responsible for the origin of their sites or their content. You hereby agree to release the Site from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of or account for the content, site or resource.

General Rights and Obligations

Except with our written consent, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Site.

We provide opportunities for third parties and Lenders to deliver, load, transmit or otherwise make available any information, data, text, images, sound, graphics, video, messages, reviews, or other materials ("Content") through the Site.

In addition, you agree not to:
- use the Site or any of the Content found in this Site for commercial purposes without our written permission;
- access, monitor or copy any content on the Site using technology, software, or any program either manually or automatically for any purpose without our written permission;
- perform any action that imposes or may impose, an unreasonable burden on the Site or Site infrastructure, including using any equipment, software, automated agents, or any other technology that may obstruct the operation of the Site or collect or obtain information from the Site;
- make a major link to the Site (including but not limited to the booking path) for any purpose without our written consent;
- resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the Site for commercial purposes or objectives/activities of competition;
- reproduce the Site (through a "frame" or "mirror") or set up a part of this Site on any other web site without prior written consent;
- send an announcement to or through the Site that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
- transmit or provide links to any materials that defame, slander, or lie;
- transmit or conduct announcements that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
- transmit announcements where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
- imitate any person or entity for any purposes;
- manipulate or falsify information with the aim to disguise the origin of statements provided;
- use the Site in any manner which could damage, disable, obstruct, or interfere with the use of the Site or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
- gain unauthorized access or perform unauthorized modification to the Site or other related website, other accounts, computer systems, networks connected to the Site through hacking, password theft or other similar matters;
- obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the site (including but not limited to other destinations provided by this Site). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
- engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or to constitute "spamdexing" include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters; or
- any other action which may adversely affect or result in damage to the Site, to us or our affiliates and employees, or our reputation.

In relation to the above and in general, you agree not to use the Site for unlawful purposes or for unauthorized activity. Any breach of the above conditions in this section shall result in the immediate revocation of your right to use the Site without notice to you.

General Provisions

Intellectual Property Rights

All Intellectual Property Rights on this Site are owned by Nook. All information and materials, including but not limited to: the domain name, Site, trademarks, content, copyright, service marks, logos, symbols or other designs, software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, html code and other code on this Site are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of this Site without the express written permission of Nook. If you violate these rights, Nook reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.

Nothing in these Terms shall be construed as granting you a license or any rights, implied or otherwise, to use, possess, distribute or modify any of the Intellectual Property. Other product and company names contained on the Site, including names, trademarks, marks, service marks, logos, symbols or other designs may be owned or licensed for use by third parties, such as our banking partners. Use of third party intellectual property rights on the Site is not considered a recommendation or sponsorship for the Site by third parties.

The Website Owner owns copyright to the Site, and you are prohibited to use, possess, distribute or modify any of the Intellectual Property. Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish or otherwise commercially exploit any downloads you make from the Site without the permission of the owner of the intellectual property rights. Even if you obtain the necessary permission, you are forbidden to make changes or deletions. You hereby accept and agree that downloading any Intellectual Property does not grant you any rights over them.

We may provide links onto other sites maintained by other parties. By clicking on the link, you hereby represent, acknowledge and agree that such action is your voluntary action to view or enter other sites that Nook does not supervise or bear responsibility for.

Claims of Intellectual Property Rights Infringement and Abuse of Site

Please report problems, Content that you may find offensive, and policy breaches to the Site. Further, while the Site does not verify and guarantee Content that may be found herein, the Site works to ensure that the Content found herein do not infringe upon the copyright, trademark or other intellectual property rights of third parties.

If you believe that your intellectual property rights have been infringed, please notify the Site immediately and provide us with the following details:
- Your name, address, and contact details;
- Sufficient details so as to prove the existence of intellectual property rights violations, including the pertinent URLs or electronic copies of the protected material;
- Your request to remove or disable access to the infringing electronic copy or version in our Site.

Your request will be reviewed as soon as possible in accordance with the applicable law. You agree not to hold the Site responsible for losses or damages that may occur as a result of fraud, forgery or false accusations of intellectual property rights infringement.

Disclaimer

The Site does not guarantee that (a) the functionalities made available and security features provided in the Site will be uninterrupted or free from error; (b) errors or failure will be repaired; or (c) the Site or the server makes available certain functionalities that are free from viruses, malware or harmful component.

The Site does not warrant the accuracy, authenticity, integrity or quality of the content, sites, or resources available to and from the Site, including, but not limited to, any guarantee that the content, sites or resources are free from source material that is malicious, indecent or controversial.

Any material downloaded or otherwise obtained through the use of the Site is your sole responsibility and risk. You voluntarily assume such risk, and you will be fully responsible for damage to your computer system or loss of data that results from downloading any materials that are provided.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SITE, AS DESCRIBED IN THE “SCOPE OF USE” SECTION ABOVE.

WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS, EACH PARTY’S LIABILITY IS LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCH AS FOR PERSONAL INJURY AND DEATH. THE SITE DOES NOT GUARANTEE THAT IT SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR CONNECTED TO ANY USE OF THE SITE OR THE LINKS ON THE SITE, ANY FUNCTIONALITY OF THE SITE, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SITE OR ANY OF ITS FEATURES AND FUNCTIONALITIES INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR. THE ONLY AVAILABLE REMEDY FOR YOU IS TERMINATION OF USE OF THE SITE.

No Warranty

You acknowledge and agree that the Services and the use of the Site are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services, the Site and any Content, products or services accessed or obtained thereby is at your sole risk and discretion.

The Site does not represent or warrant that: (a) the use of the Services through the Site will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and the Website Owner’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Site may be subject to limitations, delay, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Nook is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from us or from the Site shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Site and/or the Services.

We disclaim any and all liability or responsibility in relation to the content made available through the Services, including but not limited to third party content and services. We are not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

Indemnification

You hereby agree to indemnify and hold harmless Nook, and its affiliates and subsidiaries, and their respective officers, directors, owners, agents, employees, information providers, and licensors harmless from and against any and all claims, demands, liability, damage or loss including legal fees, which arise as a result of claims of third parties in connection with: (a) your use of the Site; (b) Content that is given, provided or accessed through this Site; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.

Termination

We have the sole and full discretion to change, postpone, discontinue or stop the Services, the Site and/or any part thereof, including services or products that are made available in the Site, and/ or usage of the Site, or part thereof, at any time for any reason without prior notification to you.

In the event of termination, you remain bound by the obligations in these Terms, including but not limited to the warranties, indemnification, waiver and limitation of liabilities that you have agreed to.

We are not liable to you or any third-party for any termination or suspension of your access to the Services or the Site.

Privacy

Nook, and its affiliates and subsidiaries, value your privacy and confidentiality. We will endeavour to comply with the requirements of relevant data protection legislation when performing its obligations under these Terms. A separate Privacy Policy document sets out rights and obligations of Nook and the user in relation to privacy, available here: www.nook.com.ph/privacy.

Governing Law and Jurisdiction

These Terms shall be governed by, interpreted, and enforced in accordance with the laws of the Republic of the Philippines.

Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms, both Parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute.

However, if such dispute may not be settled by mutual consultation within sixty (60) days, cannot be resolved to the satisfaction of either Party pursuant to the immediately preceding paragraph within twenty-one (21) days of the matter being presented to them, then any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration before an arbitrator in accordance with rules of arbitration issued by the Philippine Dispute Resolution Center, Inc. for the time being in force, which rules are deemed incorporated by reference in this section.

The costs (if any) of arbitration shall be borne equally by the Parties.

Force Majeure

Nook, and its affiliates and subsidiaries, shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any act or condition beyond the reasonable control of either you or us (“Force Majeure Events”). Force Majeure Events include but are not limited to acts of God, acts of civil or military authority, fires, strikes, lockouts or labor disputes, epidemics, governmental restrictions (including regulatory changes or changes in prevailing interpretation of existing laws or regulations), wars, terrorist acts, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems. In the event of such delay, the time for the restoration of the Site’s functionalities shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances.

Further, Nook shall not be responsible for any damages or losses caused by any means to you if we cannot process your requests or application because of the Force Majeure Event.

General

Entire Agreement

These Terms shall constitute the entire agreement and understanding between you and the Site on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and the Site concerning the subject matter thereof.

Relationship

We do not manage or represent the Lenders. Nothing in this Site or the services provided by Nook to you shall create or be deemed to create a partnership, joint venture, or a relationship of a principal and agent between Nook and the Lenders.

Severability

The validity of remaining provisions and parts of these Terms shall not be affected by a court, administrative board or other proceeding of competent jurisdictions deciding that an article, section, clause, provision, term or part of these Terms is illegal, unenforceable, in conflict with any law or contrary to public policy. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.

Assignment

You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.

Changes to Terms

The Site may change, modify, add, and delete these Terms at any time without prior notice, and we suggest that you check this page from time to time to keep yourself updated. If certain changes are material, you will be notified by e-mail or a notice on this Site. Your continued use of our Site constitutes an acceptance to any changes and updates of these Terms.

Notices

Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by electronic mail to you.

Compliance with Law

By availing yourself of the Service (whether through the Site or through kiosks) and/or by using the Site, you agree to comply with all laws applicable to you in respect of your availment of the Service and/or use of the Site.