Terms and Conditions for theQuestHub
- "theQuestHub" refers to the local theQuestHub entity where you access the Site and Services.
- "theQuestHub Group" refers to theQuestHub as defined above and its subsidiaries
- "Interactive Services" has the same meaning as stipulated in article VII.1 below.
- "Personal Information" refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by theQuestHub or entity which holds the information or when put together with other information would directly and certainly identify an individual.
- "Personal Data" refers to all types of Personal Information collected and processed by theQuestHub.
- "Products" refers to the set of products which are defined and set out in the Master Agreement.
- "Site" refers to theQuestHub’s website, including all its domains and sub-domains.
- "Site content" has the same meaning as set out in article II.4 below.
- "Third Party Content" means the content specified in article VIII.1 below.
- "Third Party sites" refers to the website specified in article VIII.1 below.
- "We" and "Our", with variations in grammar and cognate expressions, refer to theQuestHub as owner of the Site and its services.
- "You" and "Your" with variations in grammar and cognate expressions, refer to Users or people who have provided or intend to provide any third party guarantees in connection with the Product and must be considered to cover every other business or entity and/or person acting on behalf of the business or other entity in connection with the use of the Site its services.
2. APPROVAL OF REGISTRATION
- By using and/or registering on the Site, you hereby represent and guarantee that:
- You will use and / or access the Site and its content and services, User Content, Third Party Content and our Third Party sites only for legitimate purposes;
- You will not convey, post, or share materials and/or information which will break the law or violate the rights of any third party such as copyright, trademark, privacy, or other ownership or other personal rights, or such materials and/or information which shall constitute slander, defamation, or other violations of the law;
- All information that you provide to theQuestHub (including but not limited to Personal Information and contact details) are accurate and complete;
- access and use the Site in your own capacity as an individual; or
- You are not a resident/national of the United States of America or its territories, the Philippines, Panama and the Netherlands.
- You are not accessing theQuestHub site and its services using a virtual private network (VPN) to circumvent the residency or nationality restrictions of theQuestHub.
- theQuestHub has the right to change, modify, delay or terminate all or any parts of the Site or its services at any time. theQuestHub can also set limits on certain features and functionalities of the Site or limit your access to any part or parts of the Site or the entire Site or services without need of prior notice. Your failure to provide and maintain accurate, complete and updated information required by the Site may result in your inability to access or use the Site and Services. theQuestHub reserves the right to refuse or cancel your account, registration, or your use of the Site and/or the Services if theQuestHub determines that you have not provided accurate, complete and updated information as required by the Site.
- We, from time to time, without giving any reason or prior notice, can update, change, delay, stop and/or terminate (including but not limited to any changes, deletions, replacements and corrections) of all content on the Site and/or our services, in whole or in any part, including but not limited to design, text, graphic images, photos, pictures, images, videos, software, music, sound and other files, credit ratings, fare, fees, quotes, historical data, graphic, statistic, articles, our contact information, any other information, and the selection and arrangement ("Site Content"). While we strive to keep the prices and costs posted on our Site accurate and up to date, there may, nevertheless, be instances where the prices and costs posted on our Site may not reflect any changes on such information immediately.
3. ACCESSING OUR SITE
- Please note that the Internet connections can be subject to interference, transmission outages, and transmission delays due to incorrect Internet traffic or data transmission. You understand that these instances are inherent in the nature of the Internet which is open for public use.
- Please note that access to our Site, our services and your account may be limited or may sometimes not be available especially during peak hours or such other reasons beyond our control.
- We do not guarantee that our Site and its services or any of its content will always be available or be uninterrupted. In cases of access interruptions, we will strive to provide temporary access to the Site. We can, however, delay, withdraw, stop or change all or every item in our Site without notice and we will not be responsible for any consequences or damages which you may experience as a result of the unavailability of our Site at any time and at any given period.
- You are responsible for maintaining your account’s confidentiality and security. theQuestHub is not responsible for any losses arising from the unauthorized use of your account.
- You are aware of the risks and acknowledge that you should use particular caution when accessing your account from a public or shared server, computer or network. As a matter of policy, you are prohibited from accessing the Site using public and unsecured networks so that others are not able to view or record your username, password and/or log-in details, and to avoid any risk of data or privacy breach involving your personal information and/or sensitive personal information. Furthermore, you acknowledge sole responsibility for all consequences arising from accessing the Site through any public or unsecured network.
4. CONDUCT AND BEHAVIOR OF USERS
- By using the Site and its services, you hereby undertake to:
- Use any service or content offered or found in the Platform only for lawful purposes, and to comply with all relevant laws including the laws of Panama, and such other rules and regulations imposed and enforced by government bodies and authorities. Without limitation, the following shall be considered as unlawful and illegal purposes:
- Accessing without authorization, hacking, blocking, disturbing, deactivating, overloading or interfering with the work or proper display of the Platform or its services, including but not limited to denial-of-service, spoof attacks, hacking sessions, reverse engineering interruptions, reprogramming, or utilizing any framing technique to attach any other content or proprietary information;
- Posting of any materials and data containing viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware or other harmful or similar computer code, files or programs designed to interrupt, affect, damage or limit functionality any computer software or hardware or telecommunications equipment;
- Unless permitted by theQuestHub, using of automated scripts, engaging in the practice of "screen scraping", "database scraping" or other activities for the purpose of obtaining approval or other information from the Platform, its content and services or for any other purposes;
- Asking for passwords, collecting email addresses or other personal data of users from the Platform, its contents and services through electronic devices or other tools for the purpose of sending e-mails or communication or other unsolicited attempts to hold the transactions meant to be done through the Platform outside the Platform, or any commercial or illegal purposes;
- Posting, or ensuring the delivery of advertisements, requests, promotional material, "junk mail", "spam", "chain letters", unsolicited or invalid "pyramid schemes" or any other form of requests;
- No posting any personal information from any third party on the site, including but not limited to, address, telephone number, email address, ID card number or Social Security and credit card number;
- Posting of any content that theQuestHub may deem dangerous, threatening, defamatory, unlawful, insulting, inciting, harassing, vulgar, obscene, fraudulent, attacking privacy or rights of publicity, hatred, or racial or ethnic discrimination or that may be rejected based on any national law or framework, or such content which may otherwise expose the users and participants or theQuestHub to any loss or liability;
- Posting of any personal information from any third party on the Platform, including but not limited to, address, telephone number, email address, ID card number or social security and credit card number;
- Unless permitted by theQuestHub, registering for more than one user account, registering for one user account on behalf of an individual other than the person registering, operating a user account on behalf of or for the benefit of anyone who does not meet the requirements to register or operate a user account under their own name, or registering for a user account on behalf of a group or entity. Your username and password are personal to you and you are solely responsible for maintaining the confidentiality and use of your account, username, password and/or log-in details. You hereby acknowledge that theQuestHub shall not be liable for your choice of username and/or any liabilities attached thereto. theQuestHub is not liable for any harm caused or related to theft or misappropriation of your username, password and/or log-in details, disclosure of your username and password, or your authorization of anyone else to use your username and password. You shall immediately notify us of any unauthorized use including any threat or risk of such unauthorized use of your password or username or any other breach or threatened breach of the Site’s security. If you believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the issue via email at [email protected];
- Impersonating any person or entity, or misrepresenting an individual’s identity, age or affiliation with or authority to act on behalf of anyone or any entity, or making a false identity on the Platform;
- Intimidating, harassing or harming the users or other parties or attempting to intimidate, harass or harm other users and participants in any way;
- Reproducing, duplicating, copying or reselling any parts of the Platform or its content including but not limited to any part of the Platform; any equipment or network on which the Platform is stored; any software used in the provision of the Platform; or any equipment or network or software that is owned or used by any third party; and
- Disclosing or using the information for any purpose other than to assess the propriety of investing on the offerings made available in the Platform regardless of whether such data be posted by other users on the Platform.
- By posting User Content to any part of the Site, you automatically grant, and you represent and guarantee that you have the right to give such grant, an irrevocable, transferrable, and non-exclusive license (with the right to sublicense) to use, copy, hold, store, reproduce, communicate, publish, publicly display, modify, format, translate, quote (in whole or in part) and/or distribute such User Content for any purpose or in connection with the Site, its services or operations, enhancement, and/or promotion thereof, and to prepare derivative works from, or incorporate into other works such content. Such license granted in favor of theQuestHub shall subsist even if the account of the user be deleted at any time.
- You acknowledge and agree that any posts, reviews, questions, comments, suggestions, ideas, feedback or other information about the Site or its services ("Submission") which you will submit to theQuestHub shall be non-confidential and shall become the property of theQuestHub. Accordingly, we will have exclusive rights, including all intellectual property rights, to the unlimited use and distribution of these Submissions for any or any other commercial purpose, without acknowledgment or compensation to you.
- All contents found in the Site, including the Submissions from the users and participants of the Site, are copyrighted works of theQuestHub or its content or software provider or their rightful owners and theQuestHub protects and controls all rights pertaining to the contents found in the Site. The use of some Site Content can be arranged through the terms of the end-user license agreement that accompanies such content. If you know or suspect that someone besides you knows your user identification code or password, you must immediately notify us at [email protected]
5. CONTENT STANDARDSAll user submissions and content must be in accordance with the following:
- The User Content must always be:
- Accurate, if made as a statement of facts;
- With reasonable basis to justify the user’s belief, if made as an expressed opinion; and
- Compliant and not violative of the applicable laws in the Republic of the Philippines and in any country where the user content is posted.
- Further, the User Content must not:
- contain any material that defames anyone's reputation;
- contain any material that is obscene, insulting, hateful or inciting;
- promote sexual material and other vulgar and obscene materials;
- encourage violence;
- encourage discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- violate intellectual property rights (including but not limited to copyright, database rights or trademarks) of others;
- have a tendency to cheat or defraud others
- violate legal obligations held to third parties, such as contractual obligations or obligations of confidentiality;
- encourage, aid, or abet any illegal activities;
- threaten, abuse, violate the privacy of others, or cause useless disturbances, discomfort or anxiety;
- tend to be harassing, annoying, embarrassing, worrying, or upsetting for others;
- be used to impersonate anyone, or misrepresent one’s identity or affiliation with anyone;
- give the impression that such content comes from theQuestHub, if the same is not true not; or
- recommend, encourage or assist in violating the law (such as by way of example) copyright infringement or computer abuse
- We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or other Users on our Site. The views expressed by other Users on our Site do not represent our views or values.
- Content submitted or posted through the Site may include Personal Data (including credit data) posted by or related to other participants or users of the Site. Such data shall in no way be used in any other purpose other than to assess the propriety of investing on the offerings listed or made available in the Site. Additionally, a user or participant is prohibited to reproduce any Personal Data (including credit data) which may be found in the Site for any other use outside the Site.
- In view of the preceding item, you represent and guarantee that:
- You do not have the ability to match any Personal Data (including credit data) posted or related to other users to refer to and identify any individual;
- You will not attempt to obtain data which will allow you to match any Personal Data (including credit data) posted by or related to other Users to identify any individual;
- You will not receive any information from any third party which will allow such match; and
- You will not match the Personal Data to identify a specific individual.
6. INTELLECTUAL PROPERTY RIGHTS
- All copyrights, patents, trademarks, registered designs and such other intellectual property rights on the Site, its services and content, including but not limited to copyrights in all User Contents, belong to and are owned by theQuestHub.
- The theQuestHub mark, graphic images, logos, designs, page headers, icons, posts, and service names belonging to theQuestHub (collectively the "Marks") displayed on this Site are assets of theQuestHub. All Marks are expressly protected by theQuestHub and/or relevant third parties. Your access to and/or use of the Site, its content and services cannot be considered as giving, whether express or implied, any license or right to use any Mark on the Site without prior written approval of theQuestHub or any relevant third parties.
- You are not permitted to use any Mark without prior approval from theQuestHub or such third parties. theQuestHub and our subsidiaries aggressively use our intellectual property rights as long as fully permitted by the law. The names of theQuestHub and other marks cannot be used in any way, including in any advertisements or publicity, or as hyperlinks without prior written permission from theQuestHub.
- The domain name where the Site is located is the absolute property of theQuestHub and you cannot use or adopt a similar name for your own use.
- Provided that you have the right to use the Site, you are granted a limited license to access and use the Site and to download or print copies of any part of the contents of the Site solely for your personal use in connection with your use of the Site and its content or services. Our status (and that of each identified contributor) as the author of the content on our Site must always be recognized. However, you do not have the right to change, alter, modify or distribute paper or digital copies of any material that you have printed or download in any way, and you do not have the right to use any illustration, photo, video or audio in sequence or graphic images separately from the designated accompanying text.
7. COMMUNICATION CHANNELS AND INTERACTIVE SERVICES
- We provide services for the communication and interaction of users on the Site which includes the following:
- Chat room;
- Bulletin board;
- Reviews and questions
- Other social media functions;
- We will provide clear information to you about the types of services offered and the terms and guidelines for the use of such services.
- We will make commercially reasonable efforts to assess any potential risks to Users from third parties when they use any interactive services provided on our Site, and we will decide in any case whether it is appropriate to use moderation from relevant services (including the type of moderation used) in dealing with these risks. In cases of moderation, we will provide you with the contact details of the moderator for issues and concerns.
- We will not participate in the communications between the participants and users of the Platform other than to establish guidelines on the conduct of such communication and remove abusive or potentially fraudulent communications.
- We will permit public access to view the discussions made in the communication channels.
- The posting of comments and/or using of the communication channels other than public viewing thereof shall be limited to, and shall only be available to the Site’s registered users or those who have opened an account with theQuestHub through the Site.
- You shall comply and abide with the terms and conditions of theQuestHub PH on the ethical conduct and use of such communication channels.
8. SITES CONNECTED THROUGH LINKS
- theQuestHub may provide links to other sites that are owned, operated or provided by third parties ("Third Party Sites"), as well as designs, text, graphic images, photos, images, images, videos, software, music, other sounds and files, credit ratings, rates, fees, quotes, historical data, charts, statistics, articles, other sources, information and content belonging to third parties ("Third Party Content").
- theQuestHub has no control and shall not be responsible for the content on Third Party Sites or any damage to you that may arise from your access of use of the Third Party Sites (including but not limited to viruses, spyware, malware, worms, errors or material damage that contained in Third Party sites) and Third Party Content. You hereby waive any claims against us in connection with such use of and access to Third Party Sites and Third Party Content.
9. STATEMENT OF DISCLAIMER
- While we strive to ensure that all Site Contents displayed on our Site are accurate and complete, we provide Site Content and services on an "AS WE ARE", “AS IS” or "AS AVAILABLE" basis, without any warranty, express or implied. To the fullest extent permitted in accordance with applicable law, theQuestHub rejects all guarantees, expressly or implied, including but not limited to, implied warranties of fulfillment of quality, selling feasibility or suitability for a particular purpose.
- Without limiting the foregoing, theQuestHub does not guarantee that the functions contained in or access to the Site and its services and content will be on time, uninterrupted, free from errors, or that the Sites and its content or services are free of viruses or other harmful components, downloads, installation or that the use of any Site Content on any computer will not affect the functionality or performance of such computer. You must assume all costs of servicing, repairs or corrections, including any damage, problems or losses, if any, on any computer used to access the Site. You agree not to make theQuestHub liable for losses on any of your data, documents, and or information caused by any circumstances beyond the control of theQuestHub.
- theQuestHub does not guarantee or make any statements regarding the use or results of the use of the Site, its content and services, or its servers in terms of truth, accuracy, completeness, and reliability among others.
- theQuestHub is not responsible for any Third Party Sites accessed through the Site or its services or for Third Party Content posted on the Site, including but not limited to the content, accuracy, level of insult, opinion, reliability or policy contained in Third Party Sites or Third Party Content. The consequences of accessing any Third Party Site or Third Party Content or failure of products or services offered or advertised on Third Party Sites or Third Party Content shall be borne solely by you.
- theQuestHub does not control and is not responsible for what users post on the Site and is not responsible for any content that is insulting, inappropriate, obscene, unlawful or prohibited that you can find on the Site in connection with the content of third party users or content of Third Party Sites. theQuestHub is not responsible for the behavior, whether online or offline, of any user of the Site or its services.
- theQuestHub makes no representation or guarantee that the Site and its content and services are appropriate or available for use in any or all locations/jurisdictions. The Site and its content and services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use will conflict with local laws or regulations. There is no distribution or solicitation made by theQuestHub for anyone to use the Site and its contents and services in jurisdictions where the same is prohibited by law. Access to and/or use of the Site and its contents and services may be prohibited by law in certain jurisdictions. You are solely responsible for studying and complying with these restrictions.
- theQuestHub likewise makes no guarantee or promise of certain results from the use of the Site or its services to obtain financing.
- Our Site and its contents and services are for general distribution and information purposes only and shall not:
- be considered or interpreted, under any circumstances, as an offer or invitation to sell, buy, give, take, issue, ration or transfer, or as giving any advice regarding funding, financing, advances, deposits, securities, stocks, securities, bonds, money orders, interest, unit trust, mutual funds or other guarantees with other instruments or products, in any jurisdiction, or providing funding or other advice for each individual or entity; and
- be construed as giving theQuestHub the authority or obligation to examine, consider or design the Site in relation to particular individuals or entities, wherever they are, or any particular situation, need, or funding decision, business, financial or commercial purpose for an individual or entity.
- In choosing to avail our services, you must get advice from an independent professional or specialist regarding the suitability of the offerings taking into account your goals, situations and funding needs, business, financial or commercial standing before taking or refraining from, any actions taken based on the Site and its contents and services (including but not limited to committing to fund in or buying any product). If you choose not to ask for this advice, you should carefully consider whether the same are suitable for you considering your personal situation, financial resources and funding programs.
10. LIMITATION OF OUR RESPONSIBILITIES
- As long as permitted by law, we exclude all terms, guarantees, statements or other provisions that may apply to the Site and its content and services, User Content, Third Party Content and Third Party Sites, whether express or implied.
- In addition, and without prejudice to any rights or remedies that theQuestHub may obtain (based on law or otherwise in relevant jurisdictions), theQuestHub will not, to the fullest extent permitted by law, be responsible for any User accessing the Site and its contents and services, User Content, Third Party Content and Third Party Sites in connection with any or all losses, damages, claims, liabilities, costs, costs and/or expenses, including benefits or opportunities (potential or actual) that may be obtained or lost and/or legal costs on the basis of full compensation, of any nature and howsoever arises (including but not limited to losses alleged to arise from breach of contract, errors (including illegal acts), violations of statutory obligations, or other) ("Loss"), even if the same can be foreseen or even if theQuestHub has been advised about the possibility of these losses. theQuestHub will not be responsible for any losses arising from or in connection with the following:
- access, use, inability to use or unavailability of access to the Site and its contents and services, User Content, Third Party Content and Third Party Sites, for any reason;
- any performance failure, system, server or connection failure, error, negligence, interruption, security breach, computer virus, malicious code, dissolver or destroyer, agent program or macro, damage, delay in operation or transmission or transmission error in connection with your access on the Site and its contents and services, User Content, Third Party Content and Third Party Sites;
- Transmission of confidential or sensitive information from you to us or transmission of such information to you at your request through the internet or other electronic devices;
- use or trust in any content (including but not limited to Site Content, User Content and Third Party Content), availability, enforceability, suitability and completeness of the site, Site Content, Services, User Content, Third Party Content and Third Party sites;
- any viruses or any other technologically dangerous material that can infect your computer equipment, computer programs, data or other materials as a result of your use of and/or access to the Site and its contents and services, User Content, Third Party Content and Third Party Sites or posts on the site, or on any website linked through the Site;
- any errors in statements, inaccuracies, unreasonable, errors, incompleteness, insulting words or materials, opinions or delay in connection with the Site and its contents and services User Content, Third Party Content and Third Party Sites;
- lack of title, quality, reliability, selling feasibility, suitability for certain purposes, in connection with the site, site content, services, user content, third party content and our third party sites;
- violation of the rights of third parties by your use of and / or access to and / or on the site, Site Content, Services, User Content, Third Party Content and our Third Party sites;
- any loss of profits, opportunities or data from your use of the Site and its contents and services, User Content, Third Party Content and Third Party Sites;
- consequences of accessing Site and its contents and services, User Content, Third Party Content and Third Party Sites;
- any cause for which theQuestHub has no control over, whether in full or in part, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection issues, unauthorized access, failure of public transportation and systems communication utility provider of transport, data theft or other instances of theft (including password theft, code or order at login) and operator errors;
- Any loss or damage arising from or in connection with a Force Majeure Event; and
- Any disclosures required by any applicable law or regulation.
- In all instances, we will not be responsible for:
- Loss of profits, sales, business, or income;
- Business interruption;
- Loss of anticipated savings; or
- Loss of business opportunities, goodwill or reputation.
- We shall in no way be responsible for any loss of profits, sales, business, income, anticipated savings, business opportunities, goodwill, reputation or business interruption.
- Without prejudice to the general nature of the above provisions, theQuestHub will not, in any event, be responsible to any Investor for any direct, indirect, special, incidental, punitive, typical or consequential damages, however caused, arising from your use of or in connection with the Site and its contents and services, User Content, Third Party Content and Third Party Sites.
11. DATA USAGE & PRIVACY
- You agree that we may, with or without notice, at any time and in accordance with our sole and absolute authority, delay, terminate, deactivate or close your access to, or use of, the Site and Services (or any part, aspect or feature of the Service or site), terminate your account, delete your profile and any content or information that you have posted on the Site, for any reason.
- Immediate, temporary or permanent withdrawal of your right to use our Site;
- Immediate, temporary, or permanent removal of any posts or material uploaded by you to our Site
- Issuance of warnings against you;
- Initiation of legal proceedings against you for reimbursement of all costs on a compensation basis (including but not limited to reasonable legal and administrative costs) caused by your violations; or
- Disclosure of such information on your violation or breach to law enforcement authorities as we may reasonably deem necessary.
- You agree to indemnify and hold theQuestHub free and harmless from all losses against claims, obligations (including statutory obligations and obligations to third parties), costs, expenses, fines, fees (including but not limited to legal fees on an full compensation), compensation, decisions and/or losses suffered or incurred by theQuestHub, including profits and opportunities (potential or actual) that can be taken against it arising from the following:
- Your access to and / or use of the Site and its contents and services, User Content, Third Party Content and Third Party Sites, or inability to use the Site and its contents and services;
- Your connection to the Site;
- Your violation of every right of another person or entity;
- Your violation of each requirement according to law, obligation or law; or
- Your actions from any other party that can access and/or use the Site and its contents and services, Third Party Content and Third Party Sites.
- Any transactions made by you with third parties facilitated in and done through the platform.
15. RELATIONS WITH PARTIES
- You shall not have the authority to build relationships in any way that indicates any form of association, agreement or support from our side when the same does not exist. You cannot build links to our Site on any website that you do not own. In any case, any website that you connect through the link on our Site must comply with the Content Standards as provided in these Terms and Conditions in all respects.
- Our Site cannot be framed on any other site, nor can you link to any part of our site other than to the home page.
- We have the right to withdraw link permissions without notice. If you want to use content on our site other than those specified above, contact [email protected]
- No waiver of any rights or remedies by theQuestHub will take effect unless the same is made in writing and signed by the legally and duly authorized representative of theQuestHub.
17. THIRD PARTY RIGHTS
18. FORCE MAJEURE
19. OTHER APPLICABLE DOCUMENTS
- The Master Agreement, which applies to your use of the Site and its contents and services as a registered User.
20. APPLICABLE LAW & JURISDICTION
- By using our Site, you hereby agree to submit to the jurisdiction of the courts of the Taguig City, Metro Manila, Philippines to the exclusion of all other courts.
22. CONTACT US
- Should you wish to contact us, please send an e-mail to [email protected]