PINVEST

Terms of Use

This Terms of Use (“Terms”) governs the access and use of the website: www.pinvest.com.ph (the “Site”). By accessing and using the Site, you, as the user, agree that you have read and understood the Terms contained herein, and that you are willing to be bound by the same. In case you do not agree with any of the Terms, please do not access or use the Site.

The Site is owned and operated by PINVEST World Corp. (“PINVEST”). PINVEST has the sole discretion to modify, amend, or supplement the Terms at any time without prior notice. Such modifications, amendments, or supplements shall be posted on the Site, indicating the date of such updates, and shall be effective immediately, unless otherwise provided. IT IS YOUR RESPONSIBILITY TO READ AND REVIEW THE TERMS CAREFULLY AND REGULARLY. Your continued access and use of the Site after such modifications, amendments, or supplements are posted and implemented shall constitute as your unconditional agreement to these changes.

PINVEST reserves all rights in respect of this Site.

I - Who May Use

  • By using the Site, you represent and warrant that you are at least eighteen (18) years of age, and that you have the capacity to enter into, and bind yourself contractually the Terms. If you are under eighteen (18) years of age or otherwise incapacitated to contract or enter into this Terms, please do not use the Site.
  • If you are acting on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to act for, on behalf of, and to bind such entity/ies and to bind such entity/ies to this Terms, in which case the words “you” and “your” as used in this Terms shall refer to such entity/ies.

II - User Information and Account Registration

  • You may need to register for an account on the Site to use some of its services: (i) web listing; (ii) local and international promotion; (iii) investor placement; and (iv) access to potential suppliers (“Services”). By registering on the Site, you may be required to provide information about yourself as prompted by any registration form or disclose your personal data, including your personal information, to PINVEST and its partners (“User Information”). Such User Information will be used for proper identification as well as for PINVEST’s provision of its Services.
  • By registering on the Site, you agree to provide true, accurate, current and complete User Information as may be required. It shall be your sole responsibility to keep your User Information true, accurate, current, and updated. In case of any changes or modifications, you must update your User Information on the Site. PINVEST shall not be held liable for any and all consequences, acts, or omissions, that may arise or be performed, directly or indirectly, from your failure to provide and maintain true, accurate, complete, and updated on your User Information.
  • You declare that you understand and consent that your personal data may be shared by PINVEST with its other partners associated with the Site — its website administrators, government agencies, Investment Promotion Agencies ( IPA) —registered enterprises, ecozone developers and operators, suppliers and service providers, prospective buyers, and investors, if any, to facilitate proper identification and communication for all transactions made in the Site. The use and retention of all personal information shall be subject to the terms and conditions of PINVEST’s Privacy Policy. You warrant that you have read and understood PINVEST’s Privacy Policy, and consent to the collection and processing of your User Information, as you have provided therein, for access and use of PINVEST and its other partners.
  • By registering an account, you are responsible for ensuring its security from any unauthorized use and access. PINVEST cannot and will not be liable for any loss or damage arising from any unauthorized use and access of your account.
  • By registering on the Site, you represent, warrant and, undertake that: a. You agree to notify PINVEST immediately of any unauthorized use of your account or any other breach of security. b. You will only use the Site for its intended and lawful purposes and while using the Site, you agree to comply with all laws applicable to you and/or your use of the Site. c. You agree that the services as provided by the Site is on a reasonable effort basis. d. You agree that your use of the Site is subject to PINVEST’s policies as may be amended from time to time without prior notice to you. e. You agree to assist PINVEST with any internal or external investigations as may be required by PINVEST in complying with prevailing laws or regulations in place. f. You acknowledge and accept that by using or accessing PINVEST, standard telecommunication charges may apply. g. You agree to assume full responsibility and liability for any and all types of loss or damage suffered by yourself, PINVEST, its partners, or any other party as a result of your breach of this Terms and/or other policies of PINVEST.

III - Site Content

  • PINVEST only owns the Site which displays and compiles all the information and data relevant and connected to possible business investments in the Philippines and in connection with the Services. PINVEST is not the owner of such information and data – all information, data, graphs, figures, texts, pictures, or other materials or links in connection therewith posted on the Site (“Site Content”) are the sole responsibility of the person or entity such Site Content originated. Under no circumstances will PINVEST be responsible for the Site Content that you may provide, upload, post, email, transmit or otherwise make available on the Site.
  • While PINVEST reserves the right to moderate the Site Content, it does not make any representation, warranty, or guarantee as to the quality, accuracy, completeness, integrity, reliability, or usefulness of such Site Content and shall not be liable or responsible to you for any errors, mistakes, or inaccuracies in such Site Content as well as in any services obtained by you arising, directly or indirectly, from such Site Content.
  • You acknowledge and agree that your use of the Site Content is at your own risk. You must evaluate, and bear all risks associated with, the use of any Site Content, including any reliance on the quality, accuracy, completeness, integrity, reliability, or usefulness of such Site Content. Accordingly, you acknowledge that you may not rely on any Site Content created by PINVEST or submitted to PINVEST through the Site.
  • You also understand that by using the Site, you may, despite PINVEST’s best efforts, be exposed to Site Content which is offensive, harmful, inaccurate, inappropriate, deceptive or otherwise objectionable.
  • You agree not to: a. Provide, upload, post, email, transmit, or otherwise make available any Site Content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable. b. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. c. Provide, upload, post, email, transmit or otherwise make available a message under a false name, or use the network resources of PINVEST to impersonate another person or misrepresent an authorization to act on behalf of others or PINVEST. d. Provide, upload, post, email, transmit or otherwise make available any Site Content which you do not have the right to make available under any law, contract, or fiduciary relationship, or otherwise unauthorized to do so. e. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Site Content. All Site Content posted should correctly identify the person or entity such Site Content originated. f. Provide, upload, post, email, transmit or otherwise make available any Site Content which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Site and its systems. g. Provide, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. h. Interfere (or attempt to interfere) with or disrupt the servers or networks connected to the Site, including attempting to gain unauthorized access, or undermining the security or integrity of any of its computing systems or networks. i. Stalk, cause nuisance, behave in an inappropriate or disrespectful manner or otherwise harass another. j. Harvest or collect User Information or other personal data about other users.
  • You further agree that any Site Content or other information you provide or use on the Site will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or another proprietary, publicity, or privacy rights of any party, including such rights of said parties.
  • PINVEST maintains the right to delete any Site Content or other information provided by you that it deems, in its sole discretion, to be violative of this Terms or otherwise objectionable.
  • PINVEST may preserve Site Content and may also disclose Site Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms; (c) respond to legal claims that any Site Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PINVEST, its users, and the public.

IV - Restrictions of Use

  • The Site is for your own personal and non-commercial use. It is intended to be used only for lawful purposes, consistent with laws, rules, regulations, and ordinances. Any actual or potential misuse of the Site as well as violations of any of this Terms may lead to the denial, suspension, or termination of your account by PINVEST.
  • By accessing and using the Site, you agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
  • You agree that PINVEST reserves the right to do the following, at any time, without need of any notice nor justification: a. to modify, suspend, or terminate the functions, operation of or access to the Site, or any portion thereof (including access to your account and/or the availability of any Services), for any reason; b. to interrupt the operation of the Site or any portion thereof (including access to your account and/or the availability of any Services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

PINVEST shall not be required to compensate you for any suspension or termination.

V - License and Other Intellectual Property Right

  • Subject to this Terms, PINVEST grants you a non-transferable right and license to access and use the Site. This license shall be limited, personal, and exclusive to you.
  • All title, ownership rights, and intellectual property rights in and to the Site (including, without limitation, all text, graphics, designs, music or sounds, all messages or items of information, source, object, and html codes, metadata, organization, layout, processes, systems, and all other protectable intellectual property available through the Site or comprising the Site) are and shall remain the property of PINVEST or its licensors (“Proprietary Materials”). PINVEST is protected by national and international laws, copyright treaties and conventions and other laws. PINVEST may contain other licensed materials, and in case of any violation of this Terms, PINVEST’s licensors may exercise their rights to protect their intellectual property.
  • Unless you have obtained PINVEST’s or the licensors’ prior written consent, any reproduction or representation of the Proprietary Materials in any way and for any reason is prohibited. You shall not sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, or create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display PINVEST’s content for any purpose. You shall not post any content from the the Site to weblogs, news groups, mail lists, electronic bulletin boards, social media, or other content sharing platforms/media, without PINVEST’s written consent. Except as expressly set forth in this Terms, all rights not granted hereunder to you are expressly reserved by PINVEST to the fullest extent allowable by applicable law.
  • You agree that PINVEST may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that are gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Proprietary Materials. PINVEST may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

VI - Disclaimer of Liabilities and Warranties

  • The Site is being operated by PINVEST in good faith. All information on the Site were posted by PINVEST in good faith based on the information provided or made publicly available. You acknowledge and agree that your access and use of the Site as well as your availment of the Services offered by the Site is on an “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, ABOUT THE SITE AND ITS SERVICES. To the extent permitted by law, PINVEST disclaims express and implied warranties, including but not limited to, any warranties to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, and fitness for a particular purpose.
  • PINVEST does not make any representation, warranty, or guarantee that the use of the Site will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data. PINVEST shall not be responsible for transmission errors or corruption or compromise of data or information carried over local or interchange telecommunication carriers, including any internet-related issues which the user may experience while using the Site. You acknowledge and agree that PINVEST is not responsible, regardless of matter, media, material, or form, for: (a) any printing, typographical, or technological errors; (b) electronic, human, equipment programming or other error, omission, interruption, defect, or delay; (c) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information; (d) technical failures or other error, omission, interruption, defect, or delay which may occur; (e) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information; (f) technical failures of any kind, inadvertent loss of information; and (g) unauthorized human intervention in any part, material or process or otherwise.
  • Under no circumstances will PINVEST be liable to you for, and you hereby knowingly and voluntarily release PINVEST, including its owners, directors, shareholders, officers, agents, or employees, from any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of: (i) your use of the Site; (ii) your inability to use the Site irrespective of the cause of that inability; (iii) any delay in or interruption of your use of the Site regardless of the cause of delay or interruption; (iv) any corruption of any data that is transmitted by you to PINVEST or transmitted by PINVEST to you by any method whatsoever; (v) your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to PINVEST; (vi) any unauthorized access, use, transmission, or alteration of your account or content; or (vii) any other act, omission, matter or thing whatsoever having to do with PINVEST.
  • While using the Site, you may enter into correspondence or transactions with partners or third parties who display or offer their goods and/or service through the Site. Any such communication or agreement is strictly between you and the applicable partner or third party, and PINVEST shall have no liability or obligation for any such communication or agreement. PINVEST does not endorse any applications or sites that are or may be linked through the Site and in no event shall PINVEST be responsible for any content, information, products, services or other materials on such sites.
  • Some partners may require your agreement to additional or different Terms of Service or privacy policies or contracts prior to your use of or access to such service, and PINVEST is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the partners. You acknowledge that such additional or different terms of use, privacy policies, and contracts may apply to your use of such third-party services. PINVEST is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
  • PINVEST SHALL NOT BE HELD LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO: I. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE AND/OR ITS CONTENT; II. THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT.
  • PINVEST WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ITS PARTNERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SERVICES OFFERED VIA THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE PINVEST FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM ANY AGREEMENT YOU MAY MAKE WITH THE PARTNERS THROUGH THE SERVICES OFFERED BY THE SITE.

VII - Hyperlinks

  • The Site may contain links to other websites which are not maintained by PINVEST and vice versa. In both cases, PINVEST is not responsible for the contents of those websites and shall not be liable for any damages or injury arising from the contents of those websites. Any links to other websites are provided as a convenience to you as a user of this Site, and does not imply PINVEST's endorsement of the linked websites or association with their operators. PINVEST disclaims all responsibility and liability for the use of linked websites, which are accessed and used at user's own risk.
  • Should any third party intend to establish links to the Site should notify PINVEST of their intention prior to doing so. PINVEST reserves the right to deny permission for any such links to the Site for any reason. Should PINVEST gives its permission for any such links, PINVEST is not under any obligation to establish reciprocal links with such third party.

VIII - Other Provisions

  • Heading. Captions and headings contained in this Terms have been included for ease of reference and convenience, and shall not be considered in interpreting or construing this Terms.
  • Relationship. Nothing contained herein or in related policies appended hereto via links shall be construed as creating any agency, partnership, or other form of joint enterprise with PINVEST.
  • No Third Party Rights. This Terms does not give rights to any third parties who are not party to this Terms.
  • Dispute Resolution. Any dispute, controversy, or claim arising from or in relation to this Agreement shall be resolved amicably between the parties. In case of failure to reach a settlement, the parties shall submit the issue for Arbitration before the Philippines Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC (“Rules”). The panel shall be composed of three (3) arbitrators. The User and PINVEST shall each designate an arbitrator, and the two (2) arbitrators designated shall select the third arbitrator who will act as the presiding arbitrator. In the event that the two arbitrators fail to agree on the third arbitrator, the arbitrator shall be appointed by the President to the PDRC in accordance with the Rules. The decision of the arbitration panel shall be final and executory unless properly set aside by a competent court on grounds allowed by law. The costs of the arbitration shall be divided equally between the parties. The arbitration shall be conducted exclusively in Pasig City, Philippines, and in the English language.
  • Governing Law and Jurisdiction. This Terms and your use of the Site, along with the information contained therein, shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of laws principles, and, should any suit or case arise from your use of the Site, you agree to submit to the exclusive jurisdiction of the courts of Pasig City, to the exclusion of all other venues.
  • Assignment. PINVEST reserves the right to freely transfer or assign any part of this Terms, and any of its rights and obligations hereunder. On the other hand, this Terms constitutes your agreement to the access and use of the Site and as such, shall not be assignable or transferable to any other party.
  • Waiver. Failure of any of the parties to insist in one or more instances on the strict performance of any of the covenants of this Terms or to exercise any portion hereof contained, shall not be construed as abandonment or cancellation or waiver of such covenant or option by the party who failed to enforce the strict performance of the provisions thereof. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives its rights hereunder.
  • Force Majeure. PINVEST and its employees shall not be liable for any delay or failure to perform its obligations under this Terms, directly or indirectly, arising out of, caused by, due to, or as a result of any force majeure which could not be foreseen or which, though foreseen, were inevitable, while the same subsists. “Force Majeure” shall refer to acts of God; fires; explosions; vandalism; cable cuts; storms; hurricanes; floods; earthquakes; pandemics, or other similar occurrences; any law, order, regulation, direction, action or request of the national or local government over a party or any department, agency, commission, bureau, corporation, or other instrumentality of the government, or of any civil or military authority; national emergencies; unavailability of materials or rights-of-way; insurrections; riots; terrorism; wars; strikes; lock-outs; embargoes; or work stoppages; pandemic, epidemic or other public health crisis (including any government-imposed quarantines, restrictions, or measures responding to the outbreak of infectious diseases); other labor difficulties; and such other events analogous to the foregoing that lead to delays.
  • Notices. Any written notices or other communications to you will be addressed and sent to your email address you use in your PINVEST account. Any written notices or letter to PINVEST will be addressed and sent to U1101 Prestige Tower, Condominium, F. Ortigas Jr. Ave., Ortigas Center. Brgay. San Antonio, Pasig City.
  • Entire Agreement and Separability. This Terms constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Terms is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Terms that can be given effect without the invalid provision. If any provision of this Terms does not comply with any law, such provision to the extent possible shall be interpreted in such a manner to comply with such law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.