(“T&C” or “Terms” or “Agreement”) serve as a binding legal agreement between you (“You/Your”, “User”, or “Customer”) and SysNet Integrators, Inc. (“SysNet”, “Opis.ph”, “We”, “Us” or “Our”), a company established under laws of the Philippines.
These Terms serve as a basis to define our rights and responsibilities in using the Opis.ph (“Service/s” or “Opis.ph Services”). There may be instances where You may be using services provided or offered by third party content owner who may or may not be our affiliate. In any case, the use of such service is governed by a separate and specific agreement(s). These Terms shall not apply to such separate agreement(s).
You express Your full acceptance and conformity to these T&C in any of the following instances regardless of your formal acceptance thereof:
a) You activate any of the Service/s;
b) You signup, enroll or use any of the Service/s;
c) You click the “Accept” button (or such other links/buttons to that effect) in the website.
d) You submit any electronic signature, documents copy and/or Personal Information to Us or our authorized agents; or
e) participate in any of our promotion and/or marketing activities that require you to provide any personal information or register for an account.
PLEASE DO NOT DO ANY OF THESE THINGS IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.
SERVICES
1) Opis.ph SERVICE
SysNet, through its opis.link and Opis.ph domains will offer this feature as a social media entry points to generate voice engagements for sales, marketing and customer support applications for MSML Enterprises
2) USING THE SERVICE AND CREATING AN ACCOUNT
Registration is required from the Customer before You can use and enjoy the Service. You will be required to provide, among others, your first name, last name, mobile Number or email address, vehicle information and registrations documents to validate the Driver and the Tricycle motor information upon registering and creating an account.
When creating an account, You recognize and agree that any Personal Information You disclose shall be governed by Our Privacy Policy. You warrant that any information You disclose in relation to the creation of Your account shall be a true and an accurate representation of Yourself (i.e. not any third party), unless You are creating an account on behalf of a minor whom You are lawfully representing. Any information You submit should not be misleading or fraudulent. You commit to update Your account to maintain its accuracy. We reserve the right to immediately terminate or suspend Your account or access to the Service/s without any liability or prior notice, if in Our reasonable opinion, You misrepresented Yourself in the creation of the account or provided any false and/or inaccurate information. We also reserve the right to reject or subsequently cancel any desired or existing account without any reason or liability.
3) LICENSE FOR PERSONAL USE OF Opis.ph
Opis.ph is intended solely for Your personal use. Your account is not intended for multiple users. It is Your responsibility to maintain the confidentiality of Your account details such as user information and PIN. Please inform Us immediately if You discover that Your account was accessed by a third party. We reserve the right to suspend Your account if We, in Our opinion, believe that a third party is attempting to access Opis.ph using Your account. However, we shall not be held responsible if a third party is able to access your account due to your negligence in maintaining the confidentiality of Your account details. We are not be liable for any loss, injury or damage arising from the termination or suspension of Your service or from the unauthorized access of Your account due to your negligence. You may request Us to reactivate Your account if it was terminated due to unauthorized access by a third party.
4) THIRD PARTY CONTENT
You may access Third Party Content using the Opis.ph website at Your own discretion and risk. When accessing the Third Party Content, You are authorizing Opis.ph to redirect You to the desired Third Party Content. You recognize and agree that You are fully responsible and assume all forms of risk arising from the access or use of any Third Party Content.
By visiting and/or using any Third Party Content, You understand that SysNet and Opis.ph shall not be liable for, and You hereby hold Us free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever arising from accessing the Third Party Content. Moreover, You agree to hold SysNet and Opis.ph free and harmless and fully indemnified for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from accessing any Third Party Content.
We disclaim any form of liability arising from accessing or using any Third Party Content. The availability of any Third Party Content in the Opis.ph website shall not be construed as an endorsement of any content. You recognize that the Third Party Content is owned by third parties who may not necessarily be related to SysNet. We do not warrant that the Third Party Content is accurate, error-free, updated or readily available. We may, at our discretion, remove any Third Party Content. Nothing in this T&C allows or authorizes you to use the Third Party Content in a manner that infringes the copyright or intellectual property rights of the Third Party Content owners. You are aware that Third Party Content owners may exercise legal and other equitable remedies to protect their copyright and other intellectual property rights in the Third Party Content.
5) DATA USAGE AND CHARGES
In order to use Opis.ph, You need to have access to the internet. You are responsible for any Data or internet usage charges imposed by your local telecommunication operator for using Opis.ph. In using Opis.ph, You will also consume the data allocation provided by your regular internet or data service subscription. In the alternative, You may also use Opis.ph through a reliable Wi-Fi Connection. AS Opis.ph IS HIGHLY DEPENDENT ON THE INTERNET, YOU AGREE THAT THE QUALITY OF OUR SERVICE IS DEPENDENT ON THE QUALITY OF YOUR INTERNET OR DATA CONNECTION. SYSNET INTEGRATORS INC., ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS (COLLECTIVELY “SYSNET”) ANY OF THE SYSNET DIRECTORS, OFFICERS OR EMPLOYEES CANNOT BE HELD LIABLE FOR YOUR FAILURE TO USE THE SERVICE. WE CANNOT GUARANTY THAT THE SERVICE WILL BE ERROR-FREE.
QUALITY OF SERVICE AND MAINTENANCE
Opis.ph will use reasonable efforts to provide SERVICE with minimum disruptions. However, Opis.ph cannot guarantee that the SERVICE will always function without disruptions, delay or other problems. Since Opis.ph operates over public internet lines, wireless 3G/LTE and/or the PSTN over which it has no control, there may be power outages, or internet service disruption and you may experience disruptions, ex. packet loss and delay which will interfere with the quality of your call.
Opis.ph may change technical features in order to keep pace with the growing demands of users and available technologies or to comply with applicable laws. Opis.ph may also have to fix, improve or upgrade the Opis.ph platform and this may require us to restrict access during technical upgrades.
6) MISUSE OF THE SERVICE
You are prohibited from Misusing the Service. The term “misuse” shall include (but not limited) to the following circumstances:
a) Reselling or redistributing the Service to another person under a different brand or name;
b) Any act that could adversely affect any of Our subscribers, networks, property, or Services in general including Our reputation;
c) Using the Service for any communication which in our reasonable opinion is considered DOS attack, Spam, including Machine-to-Machine communications;
d) Using the Service in the commission of a crime including but not limited to the distribution of obscene, pornographic, malicious and other similar contents;
e) Using the Service for commercial purpose unless otherwise agreed in writing; or
f) Using the Service to misrepresent yourself or to perform any malicious, fraudulent or illegal act;
g) Infringing the intellectual property rights of SysNet or any Third Party Content owners;
h) Any other act analogous to the foregoing
Apart from terminating Your service, We reserve Our right to exercise other remedies available under law and equity, including injunctive relief for any misuse of the Service without the need to establish damages. We may conduct an investigation if we believe You are Misusing the Opis.ph Service
or unlawful purpose, or violates these Terms or may affect our network or equipment.
7) SERVICE AVAILABILITY AND UPDATES
Given the nature of the Service/s, We do not guarantee that it will always be available in a particular area or that it will be error free. There may be instances of unavailability of Service due to physical factors beyond Our control such as, but not limited to, weather/climate, structures, geographical terrain, topography, signal strength, traffic volumes, and technical limitations which may affect actual service, quality and availability. Your Device may also affect the quality of service. You understand and agree that We shall not be held liable for any complaints or problems caused by Service availability or quality.
To further improve the security, safety, provisioning of the Service/s, We may remotely update or change any applications, software, systems or features of Opis.ph (System Update) without any prior notice. Such System Updates may modify Your Device and could delete any and all data You have stored on Your Device. It may likewise alter Your usual user experience of the Opis.ph website. The Service/s may be suspended and unavailable during a System Update. Any update may also be a condition for your continued use of the Opis.ph website.
8) DEVICE
You need to use a computer or smartphone (collectively “Device”) with a working Internet browser to access Opis.ph . You may use any Device to access Opis.ph provided it meets the minimum qualifications required by the Opis.ph website. SysNet does not endorse any Device to be used in accessing Opis.ph .WE DO NOT WARRANT THAT Opis.ph WILL WORK IN YOUR DEVICE. You assume full responsibility for and shall not hold SysNet and Opis.ph liable for any and all risk of loss, damage or destruction of the Device as a result of using Opis.ph shall be. We reserve the right to disallow You from using a Device if we believe that its use may potentially harm other users or the Opis.ph website.
9) PRIVACY
We may collect data and Personal Information (“Data”) about You in order to deliver the Opis.ph Service or to further improve the same. Yet We endeavor to protect information entrusted to Us. You agree and provide your consent for us to collect, process and store Your Data subject to the provisions in our Privacy Policy and applicable data privacy laws and regulations.
The Privacy Policy may change from time to time. You are encouraged to regularly view our Privacy Policy for any updates, which may be found here: [please provide link to SysNet’s Privacy Policy].
10) SUSPENSION AND TERMINATION
You may terminate Your Opis.ph account anytime by giving Us at least 30 days notice in writing addressed to _________________ . You are also considered to have terminated the Service(once terminated your information will be deleted from the database) if:
a) You do not use the Opis.ph service for 1 calendar year;
b) You do not respond to Our communication or notices; or
c) You refuse to accept any System Update.
We reserve the right, in Our sole and reasonable discretion, to suspend or terminate Your account without any liability in any of the following circumstances, You:
a) Commit a breach on any of the provisions of this Terms;
b) Use the Service to perpetuate any form fraud, misrepresentation or illegal activities;
c) Use the Service in a manner that unnecessarily places SysNet to breach or violate any existing contractual or legal obligation;
d) Use the Service in a way that is unduly burdensome, abusive, excessive or detrimental to Us, other subscribers or any third-party;
e) Misuse the Service as defined in this T&C;
f) Allow other persons to use your Account;
g) Do any other act analogous to the foregoing or any act which may be detrimental and or violation to the code of conduct set forth by the User of the application and to Our business or the User in general.
We may also suspend or terminate the Service or any portion thereof for any System upgrade or any operational concerns including any lawful order by government authorities without any form of prior notice. You recognize that upon termination of this Agreement for any reason, You will not be able to use, enjoy or access any of the Opis.ph Service/s. The termination of this Agreement shall be without prejudice to our right to recover any claim, fees or payments which accrued prior to the termination of the Agreement.
Upon termination of the Service or deactivation of any account, SysNet and Opis.ph shall delete any and all personal information connected to such account as provided under Our Privacy Policy.
11) CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the Philippines. Any action relating to this Agreement must be filed in the courts of Makati City, to the exclusion of all other courts. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We however, reserve the right to terminate the Agreement in the event a particular provision is void or unenforceable and such provision is, in our sole and reasonable opinion, material to the provisioning of the Opis.ph Services. PLEASE CEASE USING Opis.ph IF THE LAWS OF YOUR DOMICILE OR RESIDENCY PROHIBIT YOU FROM USING THE SAME.
12) GENERAL TERMS
a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign this Agreement without Our prior written consent. Any assignment in contradiction of this clause shall be void. We may delegate the performance of our obligation to third-party developers, suppliers or our affiliates without Your consent . We may likewise assign this Agreement to a third party without your consent. In such case, your only remedy is to terminate the Agreement.
b) Except as may be provided herein, this Agreement shall not inure to the benefit of any third party.
c) The headings in this Agreement are solely for reference and our mutual convenience. It will not be used in interpreting the legal effect of this Agreement
d) In the event We waive any provision on one occasion, it does not amount to a waiver of Our right to waive such provision.
e) This Agreement will not benefit any third party except Our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest.
f) We reserve the right to modify or amend this Agreement anytime.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call us at 8811 1530 or email us at dataprivacy@sysnetph.com.