TERMS AND CONDITION

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GENERAL TERMS AND CONDITIONS OF USE

  1. Registration

    The Tradeline Philippines Business Matching Portal provides a number of digital services (hereinafter referred to as "Services"). There is the Supplier and Buyer registration platform under the Tradeline Philippines Business Matching where interested parties can sign up for these Services. These General Terms and Conditions for Registration (hereinafter referred to as "Tradeline Philippines Business Matching Terms and Conditions") regulate the registration of a supplier or buyer (hereinafter referred to as "User" or "Users") who wish to use digital Services provided by the Department of Trade and Industry-Export Marketing Bureau (hereinafter referred to as "DTI-EMB”).

    DTI-EMB is responsible for managing the registration process.

    The Tradeline Philippines Business Matching Terms and Conditions shall be accepted by the User at the time of registration and refer to the use of digital Services.

    1. Registration Requirements
      1. The User shall register before making use of the Services. Registration shall only be permitted for natural person having full contractual capacity that plans to use the Services exclusively within the context of their business activities and not activities beyond their business purpose nor activities for personal purpose. By registering, the User guarantees that all information provided by him/her is applicable and complete. The User may not use any pseudonyms or pen names as an exclusive means of identification. If the User's information changes in any way after the registration process has been completed, the User shall be under the obligation to personally correct said information without delay.
      2. The agreement entered into between DTI-EMB and the User shall be effected by way of a confirmation of registration by DTI-EMB and activation of the Tradeline Philippines Business Matching by the User.
      3. The User affirms to only upload photos of the business profile and its products that are current and in which the User is clearly recognizable. The User shall assume responsibility within the meaning of press and copyright law for public communication of any photos provided by the User. Provision of photos or illustrations that do not depict the User shall be prohibited.
      4. The User shall be provided with a password during the registration process and shall thereto change the password. The User shall be under the obligation to keep his password confidential and not provide it to third parties. DTI-EMB shall not ask the User for his password at any time. The User may change his password by submitting an automated request for a new password.
        DTI-EMB shall not assume liability for any damage caused by negligent communication of a password to third parties or selection of a password that is too obvious.
      5. A User account shall be non-transferable.
      6. DTI-EMB shall not undertake any guarantee for the actual identity or truthful representation of a User. Each User shall therefore be responsible for determining the truthfulness of the identity of another User for himself.
    2. Cancellation, liability
      1. The usage relationship shall be in force indefinitely. DTI-EMB shall have the right to cancel the usage agreement at any time without prior notice.
      2. DTI-EMB shall also have the right to cancel the agreement at any time for good cause without observing a notice period, particularly if it would be unreasonable to expect DTI-EMB to continue the contractual relationship.
    3. Changes to the General Terms and Conditions

      DTI-EMB shall have the right to make changes to the Tradeline Philippines Business Matching Terms and Conditions at any time to the extent deemed necessary and to the extent doing so does not pose a disadvantage to the User against good faith.

    4. Final provisions
      1. Changes or additions to the Tradeline Philippines Business Matching Terms and Conditions must be made in writing. This shall also apply to the waiver of this written form requirement. There are no side agreements.
      2. Should individual regulations contained in these Tradeline Philippines Business Matching Terms and Conditions be or become ineffective, the effectiveness of the remaining regulations shall remain thereby unaffected. The ineffective provision shall be replaced by a provision that comes as close as possible to the meaning and purpose of the ineffective provision as effective under law. The same shall apply to potential gaps in the regulations.
      3. Place of performance shall be the seat of business of DTI-EMB.
      4. Place of jurisdiction shall be the seat of business of DTI-EMB to the extent permitted by law.
      5. Philippine law shall apply and other laws for the International Sale of Goods and Services.
  2. Registration

    The following conditions shall apply to the use of Business Matching services provided by the DTI-EMB. These conditions shall be accepted at the time of registration for Tradeline Philippines Business Matching:

    1. Subject of the agreement
      1. Business Matching services provide registered users with private, free-of-charge research and contact services for finding business contacts as well as the use of product and company search features, if applicable. Users shall be responsible for their own use of these services. DTI-EMB does not offer support or assistance for these services.
      2. The User shall have the right to use the services and content offered within the scope of the Business Matching services. Any use exceeding this shall require the prior written permission of DTI-EMB.
      3. The data and/or information provided by the User shall only be made available within the scope of the Business Matching services to the extent this data and/or information does not violate legal provisions or the Tradeline Philippines Business Matching Terms and Conditions. DTI-EMB shall have the right to remove illegal content from the Business Matching services without prior notification.
      4. DTI-EMB shall not assume responsibility for the technical availability of the provided services. A guarantee or the right to claim damages of any kind in the case of technical failure or other operational interruptions shall be excluded. Maintenance, security or capacity requirements, in particular, as well as events that are not within the power of DTI-EMB to control (e.g., interruptions in public communications networks, power failure, etc.) may cause brief interruptions or temporary unavailability of services.
      5. The user shall have access to contact and communications services with various applications. DTI-EMB shall not participate in communication content and shall not be responsible for whether or not communication takes place. DTI-EMB shall not participate in any agreements that are signed via the Business Matching services and shall therefore not be considered a contracting partner to those agreements. The User shall bear sole responsibility for compliance with any agreements signed by him. DTI-EMB shall not be liable for the User's failure to fulfill any obligations specified in these agreements.
    2. User obligations
      1. The User shall comply with applicable laws as well as the rights of third parties when using content and services within the scope of the Business Matching services. The User shall particularly be prohibited from:
        1. using insulting or defamatory content regardless of whether this content affects other Users or other persons or companies,
        2. using pornographic or other content in violation of the laws regarding the protection of minors or advertising, offering or selling pornographic products or products in violation of the laws regarding the protection of minors,
        3. using content protected under law (e.g., by way of copyright, trademark, patent, design patent or utility model law) without having the right to do so or advertising, offering or selling merchandise or services protected under law, or conducting or encouraging anti-competitive activities, including progressive customer canvassing (such as chain letters or snowball or pyramid schemes).
      2. When using the communication features provided by the Business Matching services, the User shall not be permitted to:
        1. unreasonably bother other Users within the meaning of Law of Unfair Business Practices (UWG), send out chain letters (SPAM),
        2. conduct, promote or encourage structured marketing measures (such as multi-level marketing or multi-level network marketing),
        3. communicate in a way that involves suggestive or sexual content (explicit or implicit).
      3. The User shall be prohibited from the following:
        1. using mechanisms, software or scripts in connection with using the Business Matching services,
        2. copying via "robot/crawler" search machine technology,
        3. distributing and publicly communicating content from the Business Matching services or from other Users,
        4. doing any activity that could limit the functionality of the infrastructure of the Business Matching services, particularly any activity that could put exceptional strain on the system.
      4. The layout of the Business Matching services and the Tradeline Philippines Business Matching Terms and Conditions may only be copied and/or used on other websites with prior written permission of DTI-EMB.
    3. Sanctions and blocking
      1. DTI-EMB may, at its own discretion, take appropriate measures if it has good reason to assume that a User has violated legal provisions, rights of third parties or the Tradeline Philippines Business Matching Terms and Conditions, or if DTI-EMB has another justified interest, particularly the protection of other Users from fraudulent activities.
      2. DTI-EMB may, without prior notification, delete all content uploaded by the User, issue a cease-and-desist letter or block access to the Business Matching services if the following occurs:
        1. the User fails to comply with legal provisions,
        2. the User provides false contact information, particularly a fake or invalid email address,
        3. the User violates their contractual obligations as specified in the Tradeline Philippines Business Matching Terms and Conditions, particularly the provisions listed under item 2,
        4. the User advertises for associations or groups that are under surveillance by the security or youth protection authorities,
        5. the User is involved in criminal prosecution due to their business practices and is causing damage to one or more other Users.
    4. Responsibility and limitation of liability

      DTI-EMB does not assume any responsibility for content, data or information provided by the Users or for content on linked external websites, and all liability in connection with any of the above shall be excluded. In particular, DTI-EMB shall not guarantee that this content is applicable, fulfills a specific purpose or could be used for said purpose.

    5. Indemnity

      The user shall indemnify DTI-EMB against all claims asserted by other Users or other third parties against DTI-EMB due to an infringement of their rights or violation of the law by content provided by the User within the scope of the Business Matching services or resulting from the User's use of the Business Matching services. The User shall also assume costs for any necessary legal defense of DTI-EMB, including all court and attorney's fees. All further rights as well as damages claims of DTI-EMB shall remain hereby unaffected. The User's obligations as defined above shall not apply to the extent the User is not responsible for such infringement of the law.