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Welcome to businessempire.com.ph. Please read the following to learn more about our Terms and Conditions. 1. ACCEPTANCE OF TERMS Businessempire.com.ph provides its service to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice. You can review the most current version of the TOU at any time by logging onto this site. In addition, when using particular services, you and Businessempire.com.ph shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. 2. DESCRIPTION OF SERVICE Businessempire.com.ph primarily is a products and services provider which caters health and wellness, perfume collections, fuel tablets saver and load dealership designed for dispensing prepaid card loads, Over-The-Air (OTA), and other prepaid products. Secondly, it has an online-based inventory management system enabling a Virtual Office Facility. With our Load dealership Program, Businessempire.com.ph (the "SERVICE") permits authorized subscribers to send SMS text commands to a designated access number/s, and/or assigned vanity number of Load Central as their partner in their Loading Facility. Keyword(s) are assigned by Business Empire administrator. A secure, internet interface is provided that restricts access to the service to authorized dealers / retailers. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Businessempire.com.ph has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Businessempire.com.ph has the right to suspend or terminate your account and refuse any and all current or future revenue shares or access to the on-line facility. (or any portion thereof). Our system allows registration if you are 18 years old and above. If you are below 18 years of age, the company requires a parental or guardian consent letter to be submitted in our head office for approval. 4. PRIVACY POLICY Registration Data and certain other information about you are subject to our Privacy Policy. 5. SUBSCRIBER BAR CODE NUMBER, PASSWORD AND SECURITY You will receive a subscriber BAR CODE NUMBER and your chosen password upon completing the business's registration process. You are responsible for maintaining the confidentiality of the Bar Code Number and Password, and are fully responsible for all activities that occur under it. You agree to (a) immediately notify Businessempire.com.ph of any unauthorized use of your Subscriber Bar Code Number or Password or any other breach of security, and (b) ensure that you or your designated service operator/s exit from the account at the end of each session. Businessempire.com.ph cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 6. MEMBER CONDUCT The company has the right to terminate an account registering more than 3 per name or using different characters in the application form to create confusion to the on-line system. Any member or group intended to or intentionally registered several accounts under different names but has the purpose of following an investment scheme other than what is specified by the regular compensation plan is/are subject to company investigation and if proven malevolent and suspicious, the company has the right to stop the registration and terminate these accounts. You agree to not use the Service to: a. transmit, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Businessempire.com.ph administrator, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. transmit, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. transmit, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. transmit, post or otherwise make available any unsolicited or unauthorized "junk messages," "spam," "chain letters/messages," "pyramid schemes," or any other form of solicitation, except as specifically authorized by the Businessempire.com.ph administrator; h. transmit, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time message exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Philippine Government, any rules of any national or other securities exchange, including, without limitation the Philippine Stock Exchange and any regulations having the force of law; l. "stalk" or otherwise harass another Service user; or m. sell or distribute in any way, personal information about other Service users. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside. 8. INDEMNITY You agree to indemnify and hold Businessempire.com.ph, and its products and services providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that you or any of your designated service operators originate, send or transmit in response to messages received via the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another. 9. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including the user database information, use of the Service, or access to the Service. 10. MODIFICATIONS TO SERVICE Bsuinessempire.com.ph reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Businessempire.com.ph shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 11. TERMINATION You agree that Businessempire.com.ph, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Businessempire.com.ph believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Businessempire.com.ph may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Businessempire.com.ph may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Businessempire.com.ph shall not be liable to you or any third-party for any termination of your access to the Service. 12. DEALINGS WITH ADVERTISERS You acknowledge that your participation in promotions using Businessempire.com.ph, including the delivery of advertising or related content, and any other terms, conditions, warranties or representations associated with such promotions, are solely between you and such advertiser. You agree Businessempire.com.ph shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such promotions or advertising on the Service. 13. Businessempire.com.ph's PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service (collectively "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Businessempire.com.ph or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Businessempire.com.ph grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a maximum of two (2) computers; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Businessempire.com.ph for use in accessing the Service. 14. RESTRICTIONS ON USERS WITH ADMINISTRATOR RIGHTS You acknowledge and agree that the Administrator Rights ("Rights") granted to you by Businessempire.com.ph is not an unbridled one for the use of the Service, but is subject to limitations as set forth in this section. As a condition of your use of the Virtual Office Facility with said Rights, you will not use the Service for any purpose that is unlawful or prohibited as stipulated in the above terms and conditions. You may not use the facility in any manner that could damage, disable, overburden, or impair any Businessempire.com.ph programs (or the network(s) connected to and hosting Businessempire.com.ph) or interfere with any other party's use and enjoyment of any Businessempire.com.ph facilities. Businessempire.com.ph shall prosecute to the full extent of the law any and all users with such Rights who would be found violating the aforementioned limitations. Businessempire.com.ph reserves the right to change the terms and conditions under which the Service is operated by users with Rights, without notice to you. The Rights granted under this section can be unilaterally revoked and/or modified by Businessempire.com.ph at anytime, for whatever reasons, without prior notice. 15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS BUSINESSEMPIRE.COM.PH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. BUSINESSEMPIRE.COM.PH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A BY PRODUCT OF THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUSINESSEMPIRE.COM.PH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. 16. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUSINESSEMPIRE.COM.PH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUSINESSEMPIRE.COM.PH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 17. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. 18. TRADEMARK INFORMATION Businessempire.com.ph, the Businessempire.com.ph logo, and service marks, and other Businessempire.com.ph logos and product and service names are trademarks of BUSINESS EMPIRE INCORPORATED. Without Businessempire.com.ph prior permission, you agree not to display or use in any manner, the Businessempire.com.ph marks. 19. GENERAL INFORMATION The TOU constitute the entire agreement between you and Businessempire.com.ph and governs your use of the Service, superceding any prior agreements between you and Businessempire.com.ph. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and Businessempire.com.ph shall be governed by the laws of the Philippines, without regard to its conflict of laws provisions. 20. VIOLATIONS Please report any violations of the TOU to the Businessempire.com.ph administrator. TERMS OF USE - Updated February 15, 2011 Copyright (c) 2011 Business Empire Inc. All rights reserved
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