BIZBOX, INC. expressly disclaims any and all liability for damages of any form arising from or related to the use of this BizBox web site and/or BizBox QMEUP Application.
SECTION 1: DEFINITIONS
1.1 "Bizbox QMEUP Application" shall mean the BizBox QMEUP application software and may include associated media, printed materials and "online" or electronic documentation delivered with it.
1.2 "Licensee" or “You” shall mean the entity or individual that installs, downloads and/or uses the BizBox QMEUP Application.
SECTION 2: GRANT OF LICENSE
BIZBOX, INC. grants you the revocable, non-exclusive, non-transferable, non-assignable, personal and limited license to use the Bizbox QMEUP Application, provided you install and use the BizBox QMEUP Application on only one (1) personal smartphone or tablet (hereinafter collectively referred to as the “devices”) and load the BizBox QMEUP Application into your device’s temporary memory (RAM) only for purposes of using BizBox QMEUP App
SECTION 3: LIMITATIONS:
You Shall Not:
Any violation of the above restrictions will result in automatic termination of this Agreement and will constitute immediate, irreparable damage to BIZBOX, INC. for which monetary damages would be an inadequate remedy, in which case injunctive relief will be an appropriate remedy for such breach.
3.2. The BizBox QMEUP Application may only be stored or copied into The BizBox QMEUP App and may not be separated from The BizBox QMEUP App.
3.3. The BizBox QMEUP Application is licensed, not sold, to you by BIZBOX, INC. BIZBOX, INC. owns all rights, title and interest in and to the BizBox QMEUP Application and reserves all rights not expressly granted to you in this TOS. You shall not use the license in any way that would diminish or put in question such rights.
3.4. You acknowledge that the use of third party components included with the BizBox QMEUP Application shall be subject to additional licensing terms and conditions.
SECTION 4: TERM & TERMINATION
4.1. This TOS shall take effect upon Clicking "I AGREE," or by using, downloading or installing the Bizbox QMEUP Application (“QMEUP APP”) unless terminated or rejected.
4.2. This TOS may be terminated at the sole discretion of BIZBOX, INC. This Agreement will automatically terminate if you fail to comply with any of the terms and conditions hereof.
4.3. In the event of termination, you must destroy all copies of the BizBox QMEUP Application and all of its component parts.
SECTION 5: UPGRADES & ADDITIONAL SOFTWARE
5.1. To use a BizBox QMEUP Application identified as an upgrade, you must first be licensed for the original BizBox QMEUP Application identified by BIZBOX, INC. as eligible for the upgrade. After upgrading, you may no longer use the original BizBox QMEUP Application that formed the basis for your upgrade eligibility.
5.2. This TOS applies to updates or supplements to the original BizBox QMEUP Application provided by BIZBOX, INC. unless BIZBOX, INC. provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
SECTION 6: PROPRIETARY RIGHTS & INTELLECTUAL PROPERTY
All intellectual property rights in the BizBox QMEUP Application and user documentation are owned by BIZBOX, INC. and are protected by law, including but not limited to Philippine copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the BizBox QMEUP Application are the valuable trade secrets and confidential information of BIZBOX, INC. You shall not remove any product identification, copyright notices or proprietary restrictions from the BizBox QMEUP Application.
SECTION 7: DISCLAIMER OF WARRANTIES & LIMITATIONS ON LIABILITY
7.1. Bizbox, Inc. provides the Bizbox QMEUP Application "as is" and with all faults, and hereby disclaims all other warranties and conditions, either express, implied, or statutory, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, and of lack of viruses all with regard to the Bizbox QMEUP Application. No oral or written information or advice given by Bizbox, Inc. or a Bizbox, Inc. authorized representative shall create a warranty.
7.2. In no event does Bizbox, Inc. Provide any warranty or representations with respect to any third party hardware or software with which the Bizbox QMEUP App is designed to be used, and Bizbox, Inc. Disclaims all liability with respect to any failures thereof.
7.3. In no event shall Bizbox, Inc. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Bizbox QMEUP Application, or otherwise in connection with any provision of this TOS, even if Bizbox, Inc., has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
7.4. BizBox, Inc. has no obligation to support or to provide any updates of the Bizbox QMEUP Application. BizBox QMEUP Applications are inherently subject to bugs and potential incompatibility with other applications, software and hardware. You should not use the BizBox QMEUP Application for any applications in which failure could
7.5 The BizBox QMEUP Application may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. BizBox, Inc. is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
7.6 You agree and consent to BizBox, Inc. using and processing your Personal Data for the Purposes for which this TOS is constituted. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to BizBox, Inc., and/or any information about you that has been or may be collected, stored, used and processed BizBox, Inc. from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The provision of your Personal Data is voluntary. However, if you do not provide BizBox, Inc. your Personal Data, your request for the BizBox QMEUP Application may be incomplete and BizBox, Inc. will not be able to process your Personal Data for the Purposes provided for in this TOS and may constrain BizBox, Inc. to disallow your use of the Bizbox QMEUP Application.
SECTION 8: MISCELLANEOUS & GENERAL PROVISIONS
8.1. Under no circumstances should anything in this Agreement be construed as BIZBOX, INC., granting by implication, estoppel or otherwise, (i) a license to any BIZBOX, INC. product or technology other than the BizBox QMEUP Application; or (ii) any additional license rights for the BizBox QMEUP Application other than the licenses expressly granted in this Agreement.
8.2. You represent that you are of legal age and, if applicable, you are duly authorized by your employer to enter into this contract. Your use of the BizBox QMEUP Application is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.
8.3. This TOS is governed by the laws of the Republic of the Philippines, exclusive of conflict of law provisions and you consent to the jurisdiction of the courts of the Philippines, with respect to any proceedings arising from this TOS. BIZBOX, INC. shall be entitled to collect all attorneys’ fees and costs as well as statutory interest for the enforcement of this Agreement.
8.4. BIZBOX, INC., shall be entitled to collect all attorneys’ fees and costs as well as statutory interest for the enforcement of this Agreement as well as any and all damages suffered by BIZBOX, INC.
8.5. This TOS is the entire agreement between you and BIZBOX, INC., relating to the BizBox QMEUP Application, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the BizBox QMEUP Application or any other subject matter covered by this TOS. To the extent the terms of any BIZBOX, INC., policies or programs for support services conflict with the terms of this TOS, the terms of this TOS shall control. If any provision of this TOS is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the TOS will remain in force and effect.