ABAC APP TERMS & CONDITIONS

Last Revised: July 17,2023

‎ ‎ ‎ ‎ Welcome to the ABAC (APEC Business Advisory Council) Concierge App. Please read these TERMS AND CONDITIONS (T&Cs) prior to completing the creation of an account with us. The following T&Cs shall govern the terms under which you may access and use the products of the ABAC Concierge App and the services associated with it. By using the ABAC Concierge App, you accept and agree to be legally bound by the T&Cs. Please also read the Privacy Policy of the ABAC Concierge App before you use any portion of the ABAC Concierge App Service. The Privacy Policy describes how your personal data is collected and processed when you use the ABAC Concierge App Service. If you do not understand or do not wish to be bound by the T&Cs or Privacy Policy, you should not access or use any portion of the ABAC Concierge App Service. These T&Cs shall be effective, valid and binding from the time you agreed to it and will exist up to the time that it is terminated by you or us, save for those provisions that will remain effective after termination as stated in these T&Cs, laws or regulations.

‎ ‎ ‎ ‎ The APEC Business Advisory Council (ABAC) and UBX Philippines Corp. reserves the right to modify these T&Cs at any time without any advance notice. Any changes to these T&Cs will be effective immediately upon posting on this page, with an updated effective date. By accessing or using the ABAC Concierge App after any changes have been made, you signify your agreement on a prospective basis to the modified T&Cs and all the changes. Be sure to review this page periodically to ensure familiarity with most current version of the T&Cs. Under these T&Cs, the terms “ABAC”, “we”, “us”, and “our” refer to the APEC Business Advisory Council together with its employees, directors, affiliates, successor and assigns.

‎ ‎ ‎ ‎ 1. BASIC TERMS

1.1 By accepting the T&Cs, you represent that you are at least 18 years old to register for an ABAC Concierge App account. If you are younger than 18, parental consent will be required of you.

1.2 If you are a business entity, you also represent that you are duly authorized to do business and your employees, officers, representative and other agents accessing or using the ABAC Concierge App Service are duly authorized to access and use the ABAC Concierge App Service and to legally bind you to these T&Cs and all transactions conducted under your username and password.

‎ ‎ ‎ ‎ 2. DEFINITIONS

Definitions appearing in these T&Cs shall have the meanings ascribed to them below:

• ABAC Concierge App shall refer to the ABAC Concierge App application running on mobile devices where the ABAC delegate can access the ABAC Concierge App.

• “ABAC Concierge App customer” and “ABAC delegate” shall refer to a person who uses the ABAC Concierge App or avails for the ABAC Concierge App Service.

• This concierge app is intended for all ABAC members and staffers as reference for the ABAC III Meeting on July 27 to 30, 2023 in Cebu City, Philippines. Invited guests and delegates may also be able to access this app for information purposes only.

‎ ‎ ‎ ‎ 3. TERMINATION / CANCELLATION OF USE

Should the ABAC Concierge App Customer fail to comply with the Terms and Conditions provided herein, the right to use the ABAC Concierge App App shall be terminated without further notice.

‎ ‎ ‎ ‎ 4. LIMITS ON LIABILITY

ABAC makes no warranty, express or implied, regarding ABAC Concierge App Service. The ABAC Concierge App Service is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this Agreement. Without limiting the generality of the foregoing, ABAC makes no warranty:

(1) as to the content, quality or accuracy of data or information provided by ABAC hereunder or received or transmitted using the ABAC Concierge App Services;

(2) as to any service or product obtained using the ABAC Concierge App Services;

(3) that the ABAC Concierge App Services will be uninterrupted or error-free; or

(4) that any particular result or information will be obtained.

ABAC shall not be liable for any loss, cost, compensation, damage or liability to you or third party arising from, directly or indirectly, or as a result of any or all of the following:

(3) ABAC delegate is unable to perform or complete any service through the use of network enabled mobile phone due to service/ system/ line unavailability;

(4) any delay, interruption or termination of the ABAC Concierge App service whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond ABAC control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);

(5) theft or unauthorized use of ABAC Concierge App App or any loss, costs, damages or payable to any third party by the ABAC delegate;

(6) any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners or employees.

‎ ‎ ‎ ‎ 5. LIMITATION OF LIABILITY

In the event of any action that the ABAC Delegate may file against ABAC, the ABAC Delegate agrees that ABAC and UBX’s liability shall not exceed ONE THOUSAND PESOS (PHP1,000.00) or the amount of the damages actually suffered by and judicially decided with finality in favor of ABAC Delegate, whichever is higher.

‎ ‎ ‎ ‎ 6. FRAUDULENT TRANSACTIONS

ABAC shall have the right to automatically suspend or block the ABAC Concierge App account in the event that ABAC has reason to believe that the ABAC Delegate’s Account may be used for fraudulent or suspicious transactions or by an unauthorized person. ABAC may but shall not have the obligation to inform the ABAC Delegate prior to suspending or blocking the ABAC Concierge App account pursuant to this Section. The ABAC Delegate acknowledges the authority of ABAC to suspend or block the ABAC Concierge App account and accordingly, the ABAC Delegate shall hold ABAC free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which the ABAC Delegate may suffer as a result thereof.

Discretion – Without giving any reason or notice, and without prejudice to the other provision hereof, ABAC has the absolute discretion (a) to refuse to approve any ABAC transaction (b) to suspend, terminate or cancel the ABAC Delegate’s right to use the ABAC Concierge App; or (c) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the ABAC Concierge App, whether specifically relating to the ABAC Delegate or generally to all or specific ABAC Delegates.

‎ ‎ ‎ ‎ 7. DATA PRIVACY

a. Data Collection

ABAC shall keep all ABAC Delegate files in strictest confidence. By providing his/her information for the purpose of availing a ABAC Concierge App Services, ABAC Delegate expressly consents to the processing of his/her supplied customer data, as may be applicable. Customer Data are either Personal Information or Non-Personal Information:a. Personal Information is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual. It also includes, but is not limited to, data that would help us verify [i] ABAC Delegate’s identity such as such as name, date of birth, address, telephone/mobile number, email address, and other data points whenever applicable; and [ii] the navigation experience when accessing the ABAC Concierge App to see activities done in the channels, the pages visited, and the sequence thereof. These data shall be stored in ABAC and will not be used for any other purpose.

b. Use of Customer Data

Without limiting the generality of the foregoing, the ABAC Delegate consents and authorizes ABAC to store, process, disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and any such persons as ABAC deems necessary, or as required by law, rule or regulation, including but not limited to:

[i] providing ABAC Delegate with chosen ABAC Concierge App services, including customer support;

[ii] enhancing your customer experience and improve, develop and determine tailored products to meet ABAC Delegate preferences and needs;

[iii] communicating relevant products and/or advisories to ABAC Delegate;

[iv] Abide by any safety, security, public service or legal requirements and processes; and

[vi] processing information for statistical, analytical, and research purposes. ABAC uses Personal Information to the extent necessary to comply with the requirements of the law and legal process, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety or order. ABAC uses Non-Personal Information for statistical, analytical, and research purposes to create anonymous and aggregate reports.

When required by our Data Privacy policy and the law, and before ABAC uses or processes ABAC Delegate’s Data for any other purpose, ABAC will ask for ABAC Delegate’s consent. ABAC Delegate, as prescribed by regulation, has the right to access, correct, object, remove and transport his/her information. However, ABAC Delegates requesting to remove and or transport his/her information shall be tantamount to cancellation/termination of his/her subscription with ABAC.

You hereby consent to and authorize ABAC , its subsidiaries and affiliates and/or its third party partners contracted by ABAC for the purpose of conducting its operations, including but not limited to fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research, to collect and process any and all information related thereto from whatever relevant source.

You hereby consent to and authorize the disclosure of and release by ABAC, its subsidiaries and affiliates, and ABAC’s third party partners, of any and all information required by ABAC, and/or its third party partners such as, but not limited to, the following:

[i] SMS sending and receiving records;

[ii] Data usage records;

[iii] Registration data; and

[iv] Transaction data.

For the avoidance of doubt, you hereby acknowledges and agrees that ABAC,its subsidiaries, affiliates, and its third party subcontractors, may share any and all information relating to you to each other for any legitimate business purpose including, but not limited to, fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research.

In addition, you hereby agree to share your ABAC information details, including but not limited to: complete name, gender, marital status, address (permanent and present), date and place of birth, nationality, contact details, nature of work, and identification (with number) type.

The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of, this Agreement, or any other transactions, dealings, arrangements and accounts which you may have with, or avail from, ABAC.

‎ ‎ ‎ ‎ 9. VENUE OF LITIGATION

Venue of all suits shall either be at Pasig City or at any venue at the exclusive option of ABAC.

‎ ‎ ‎ ‎ 10. NON-WAIVER OF RIGHTS

Failure, omission, or delay on the part of ABAC to exercise its rights or remedies under these Terms and Conditions shall not operate as a waiver of the same

‎ ‎ ‎ ‎ 11. SEPARABILITY CLAUSE

Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

‎ ‎ ‎ ‎ 12. AGREEMENT

The ABAC Delegate agrees to be bound by the Terms and Conditions governing the use of the ABAC Concierge App upon the ABAC Delegate downloading, activating or using the ABAC Concierge App. Should the ABAC Delegate disagree with the Terms and Conditions, the ABAC Concierge App shall deactivate their account, and call or provide a written notice of cancellation to ABAC Hotline. Otherwise, the ABAC Delegate shall continue to be liable for all charges incurred through the use of the ABAC Concierge App.

Consent given by the ABAC Delegate or user to a subsidiary or affiliate for any of its services/products involving use, processing and/or disclosure of their ABAC account information shall be deemed to be consent given to ABAC.

‎ ‎ ‎ ‎ 14. CUSTOMER COMPLAINTS HANDLING PROCESS

We are committed to maintaining the highest standards of financial consumer protection. Your requests, feedback and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, visit the ABAC Help Center or Submit a Ticket. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.

‎ ‎ ‎ ‎ 15. Prohibited Acts

You agree to NOT:

incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of ABAC. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo;
alter, modify, or cause the alteration or modification, of the ABAC Concierge App Services, without prior written consent from ABAC. You further agree not to use the ABAC Concierge App Services for any commercial use, without prior written authority from ABAC;
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the ABAC Concierge App Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the ABAC Concierge App Services;
gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the ABAC Concierge App Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the ABAC Concierge App Services, including but not limited to such actions which may tend to discourage others from using the ABAC Concierge App Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like;
circumvent, disable, or otherwise interfere with security-related features of the ABAC Concierge App Services, including those that prevent or restrict use or copying of any content, material or information available on or through the ABAC Concierge App Services, as well as those that enforce limitations on the use of the ABAC Concierge App Services;
probe, scan or test the vulnerability of the ABAC Concierge App Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the ABAC Concierge App Services, or any other customer of ABAC including any account maintained with the ABAC Concierge App Services not owned by you, to its source, or exploit the ABAC Concierge App Services or any information made available or offered by or through the ABAC Concierge App Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information;
use or access the ABAC Concierge App Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the ABAC Concierge App Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the ABAC Concierge App Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the ABAC Concierge App Services, including use thereof for commercial purposes;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ABAC Concierge App Services or its systems or networks, or any systems or networks connected to the ABAC Concierge App Services;
use any device or routine to interfere or attempt to interfere with the proper working of the ABAC Concierge App Services or any transaction being conducted using the ABAC Concierge App Services, or with any other person’s use of the ABAC Concierge App Services. You agree that you will not engage in any activity that interferes with or disrupts the ABAC Concierge App Services or the servers and networks which are connected to the ABAC Concierge App Services;
use the ABAC Concierge App Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of ABAC or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by ABAC or by the owner of that content, material or information in a separate agreement.

‎ ‎ ‎ ‎ 16. THIRD PARTY CONTENT & SERVICES

The ABAC Concierge App Services contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third- Party Services; or the content, products, or services available on or through such Third-Party Services. Unless specified by us, the availability of such Third-Party services does not imply any endorsement by us of such Third-Party services or the content, products, or services available therefrom.
You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.
ABAC makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

‎ ‎ ‎ ‎ 17. RESERVED RIGHTS

We reserve, at our sole discretion but without obligation, the right to:

deny access to and / or discontinue the ABAC Concierge App Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold ABAC free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the ABAC Concierge App Services;
collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the ABAC Concierge App Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold ABAC free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the ABAC Concierge App Services;
enhance, improve, develop and introduce new features and functionalities to the ABAC Concierge App Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the ABAC Concierge App Services shall form part of the ABAC Concierge App Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable;
verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow ABAC to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process ABAC’S request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by ABAC, provide the latter with certified digital or printed copies of the said information;
send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the ABAC Concierge App Service. ABAC makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold ABAC free from any liability and/or claims for indemnification or damages that may arise therefrom;
to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that ABAC reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the ABAC Concierge App Services from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the ABAC Concierge App Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.