By accessing, interacting with or otherwise using the My Beauty Needs platform or website (mybeautyneedsph.com), its mobile app and related technologies (the “Platform”), you (or the “User”) agree to the following Terms of Use. Please do not use the Platform if you do not agree with these Terms of Use.
- The Platform and its related software, apps, elements and underlying technology, including all associated intellectual property rights such as without limitation, copyright, patents, trademark, service mark and related moral rights, are the exclusive property of EDM Product Technologies OPC. The User unconditionally acknowledges and agrees to this statement.
- The User shall not copy, distribute, modify, reconfigure, alter or otherwise change the Platform or any of its elements or features or act in a manner in violation of these Terms of Use or inconsistent with the intended use of the Platform.
- You are granted a Philippine, non–exclusive, non–transferable, non–sub–licensable, revocable, limited license to use the Platform and display the same on your computer and other devices in connection with your use of the services of EDM Product Technologies OPC.
You may not:- Resell the Platform or any of its any content;
- Include the Platform in or with any product that you create or distribute;
- Copy the Platform onto your own or any other website; or
- Use the Platform in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Platform or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Platform, including without limitation uploading, posting or otherwise transmitting on the Platform computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Platform’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Platform.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Platform, and that you will comply with all laws that apply or may apply to your use of or activities on the Platform. EDM Product Technologies OPC will investigate occurrences which may involve violations of such laws, and may involve, and co–operate with, law enforcement authorities in prosecuting users who are involved in such violations. EDM Product Technologies OPC reserves the right at all times to disclose any information regarding your usage of the Platform as necessary to satisfy any law, regulation or governmental request.
- You agree that EDM Product Technologies OPC or its affiliates will not have any responsibility or liability whatsoever in connection with the Platform for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages, including without limitation any loss or damage to any third party using the Platform to transact and interact with you, and EDM Product Technologies OPC shall not have any involvement or liability of any nature for any such transaction between you and such third party and you shall fully indemnify EDM Product Technologies OPC for any such loss or damage suffered by such third party should EDM Product Technologies OPC be in anyway made a party to an action or proceeding to claim such loss or damage, including fully indemnifying EDM Product Technologies OPC for all legal costs incurred by it in connection with such action or proceeding.
- The use of the Platform is provided strictly on an “as is” basis, and EDM Product Technologies OPC makes no warranty, and expressly disclaims all representations, warranties and covenants and conditions, express or implied, by operation of law or otherwise, as to its accuracy, functionality, operability, currency, completeness or reliability, or that it will be free from any errors or flaws, or that it will continue to operate without interruption, or that it will serve the User’s specific intended use.
- EDM Product Technologies OPC reserves the right to modify, alter, suspend, withdraw or cancel the Platform at any time.
- By using the Platform, the User is deemed to have also accepted the Privacy Notice of EDM Product Technologies OPC.
- The User warrants that he has the legal capacity to enter into a binding contract or otherwise transact business under relevant laws.
- The User shall at all times abide with all relevant data privacy laws and respect the data privacy and security of persons or entities it interacts with using the Platform. The User shall hold EDM Product Technologies OPC free and faultless from any damage or loss as a result of its inability or failure to protect such data privacy and security, and shall fully indemnify EDM Product Technologies OPC for any such loss or damage, including reimbursing EDM Product Technologies OPC for all related legal costs.
- The User agrees to actively participate in any research, study or survey conducted by EDM Product Technologies OPC to improve the Platform, enhance its capabilities and functionalities, or otherwise improve the service EDM Product Technologies OPC provided through the Platform.
- EDM Product Technologies OPC has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, in whole or in part, at any time, or to implement rules and policies, including pricing structures. Changes will be effective when notice of such change is posted on the Platform. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of the Platform immediately. Your continued use of the Platform after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of the Platform and do not alter the terms or conditions of any other agreement you may have with EDM Product Technologies OPC but supersedes and replaces any previous communication or agreement between you and EDM Product Technologies OPC with respect to this subject matter.
- The Platform and its use shall be governed by the laws of the Philippines without regard to conflict of laws rules. The User hereby attorns to the exclusive jurisdiction of Philippine courts, specifically the courts in the City of Makati, Mero Manila, for any action or proceeding relating to the Platform, including these Terms of Use.