Terms of Use
Updated: Nov 9, 2018
THESE TERMS OF USE (THESE “TERMS OF USE”) DEFINE THE RELATIONSHIP BETWEEN THE INTEGRATED BAR OF THE PHILIPPINES (THE “ORGANIZATION” OR “WE” OR “US” OR “IBP”) AND YOU, THE PERSON ACCESSING DOWNLOADING OUR MY IBP MOBILE AND WEB APPLICATION (THE “APPLICATION”) AND/OR REGISTERING FOR OUR SERVICES (“YOU” OR “YOUR”). YOU MAY USE THE SERVICES (DEFINED BELOW) ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE REPUBLIC OF THE PHILIPPINES OR OTHER APPLICABLE JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE APPLICATION OR SERVICES. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS.
We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site and Application. We may terminate these Terms of Use at any time by suspending or terminating access to the Application and/or Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. Your continued use of the Application or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site and Application by our duly authorized representative.
Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” BELOW. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” CAREFULLY.
Software in our Services
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. We are always working on new ways to improve our Services. We reserve the right to modify or change our Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Application or any of the Services.
Agreement with Respect to Terms of Use
These Terms of Use constitute a legally binding agreement between the Organization and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time on the myibp.ph website. Additional terms, including without limitation those set forth in the Agreements, may govern your use of certain sections within the Application. In the event that any provision, term or guideline contained on a particular section of the Application conflicts with these Terms, the terms of such section shall control over these Terms. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms and Conditions, together with the Privacy Policy and terms governing any individual Application feature, represent the complete and exclusive statement of the agreement between the Organization and you and supersede any proposal or prior agreement oral or written, and any other communications between the Organization and you relating to your access or use of the Application and/or Services.
Use and Restrictions
Content and Materials
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer codes, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Application (collectively, “Content”) are owned, controlled or licensed by or to us, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and the Application are owned by the Organization and its Affiliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms, no part of the Application or the Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Application and Services pursuant to these Terms, we retain all right, title and interest in and to the Application and Services, including all related intellectual property contained therein. Certain features of the Services allow you to post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other users posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Material posted via the Services or endorse any opinion expressed via the Services. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.
Copyright Policy
We respect the intellectual property of others and ask that users of our Application and Services do the same. In connection with our Application and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Application and Services who are repeat infringers of intellectual property rights, including copyrights. Notices for alleged copyright infringement on the Services shall be sent to the Organization’s address indicated in the IBP Profile page.
Permitted Uses
Subject to the provisions in these Terms, you may use the Application for non-commercial purposes to: (i) learn about technical indicators, strategies, methods, and algorithms, (ii) access portfolios and data you have provided, and the securities that comprise those portfolios; (iii) enter into the Agreements; (iv) access and print or download copies of the current version of these Terms, the Agreements, and other marketing documentation relating to the Services; and (xi) make such other use of the Application as we may expressly permit from time to time in furtherance of the objectives and growth of the Services. Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Application and their respective Content and Services in accordance with these Terms, and for no other purpose. All rights, title and interest in and to the user interface and Content, including any software, on or through the Application shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Application may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms is solely for your personal use (but not for resale or redistribution) as a user of the Application and may not be used for any other purpose. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Application. You have no right or claim of right to the Content or any unique idea found on the Application. No ownership rights are granted to you hereunder and no title is transferred hereby.
Prohibited Uses
You may not use the Application or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the commission of fraud or market manipulation, the harassing or making disparaging comments to any user of the Application. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Application and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Application and Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Application and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or material that contain viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Application or Services; (f) “frame” or “mirror” any portion of the Application or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Application or Services; (h) harvest or collect information about or from other users of the Application or Services; (i) use the Application or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Application, nor breach the security or authentication measures on the Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Organization, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Organization; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violation of this Section.
Warranties, Disclaimers and Limitations of Liability
Your Warranties
You represent and warrant to the Organization that (a) all information, including, without limitation, Client Information, that you provide to us are accurate and truthful, (b) you have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms and Privacy Policy, (c) you have the right to grant us the licenses specified in the Section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Application pursuant to these Terms does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (e) the Materials do not infringe the intellectual property rights, including copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
Disclaimer of Warranties
ALTHOUGH THE ORGANIZATION MAKES EFFORTS TO PROVIDE AN ACCURATE APPLICATION, THE APPLICATION AND ALL ITS PARTS ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. THE ORGANIZATION AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “ORGANIZATION PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE APPLICATION AND ALL ITS PARTS, AND THEIR RESPECTIVE CONTENT, (3) THE APPLICATION AND ALL ITS PARTS, AND THEIR RESPECTIVE CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY AND (4) THAT ACCESS TO OR USE OF THE APPLICATION AND ALL ITS PARTS, OR THEIR RESPECTIVE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE APPLICATION AND ALL ITS PARTS, AND THEIR RESPECTIVE CONTENT IS AT YOUR OWN RISK AND THE ORGANIZATION MAKES NO WARRANTIES THEREFOR. THE ORGANIZATION RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APPLICATION AND ALL ITS PARTS, AND THEIR RESPECTIVE CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME.
Your reliance upon the information available on the Application or located through utilization of the Services and your interactions with third users identified through the Services are SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other term, condition, warranty or representation associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for delays, delivery failures or other damages resulting from such problems. We do not guarantee that the Application or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application and Services, or any portion of the Application; (2) to modify or change the Application or Services, or any portion of the Application or Services, and any applicable policies or terms (except as described in the Privacy Policy); and (3) to interrupt the operation of the Application and/or provision of Services, or any portion of the Application or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.
Limitation of Remedies
IN NO EVENT SHALL THE ORGANIZATION BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGE WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION AND ALL ITS PARTS OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE APPLICATION OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR WITH ANY CONTENT, SOFTWARE, PRODUCT AND SERVICE MADE AVAILABLE OR OBTAINED THROUGH THE APPLICATION AND ALL ITS PARTS OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICE OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE APPLICATION, AND ALL OTHER USES OF THE APPLICATION, ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION OR ITS CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL THE APPLICATION.
Indemnification
Content and Materials
You will indemnify and hold the Organization and its Affiliates harmless with respect to suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Application and/or Services or your misuse or abuse of the Application and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Application or Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms of Use. YOU AGREE TO INDEMNIFY AND HOLD THE ORGANIZATION, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE ORGANIZATION AND/OR ITS THIRD PARTY VENDORS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THE PROVISIONS OF THESE TERMS OF USE.
Binding Arbitration and Applicable Law (Continued from Section titled “Binding Arbitration” above)
Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Republic of the Philippines, in accordance with its existing Rules of Procedure for IPOPHL Arbitration. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and IPOPHL; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of damages awarded, if any. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
These Terms of Use are governed by the laws of the Republic of the Philippines without regard to conflicts of laws principles. Access or use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Organization as a result of these Terms of Use or accessing or using the Application and all its parts or their respective content. The Organization’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Organization’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Application or Services or information provided to or gathered by the Organization with respect to such use.
Entire Agreement
These Terms constitute the entire Agreement between you and the Organization with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreement, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignments
The Organization’s failure to enforce a provision is not a waiver of its rights to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full force and effect and an unenforceable Term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Organization may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.