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, processes, 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 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 endeavor 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.
