TERMS AND CONDITIONS OF USE 

(Last Updated: 26 May 2017)

Hello and welcome to our Terms and Conditions of Use. This is important because it affects your legal rights. Thus, we encourage you to read them, together with our Privacy Policy and other terms referenced in this document, carefully.

DEFINITION OF TERMS

“Terms” used in this document pertains to the whole of this “Terms and Conditions of Use” including its subsequent amendments or revisions.

“We” or “Services” means both mobile applications and services, including all associated platforms linked therefrom, Fintqnologies Corp., Fintqnologies Corp. server and database, as well as all material, information, content, application and functionality available in and through them.

“We” Fintqnologies Corp., refers to the vendors and providers of the Services, including but not limited to Fintqnologies Corp., its directors, officers, employees, agents, and/or assigns and successors, as well as the owners/operators, affiliates, and/or licensors of the Services.

“You” refers to you as a user of the Services, and includes your agents, assigns, or successors, as well as your parents or legal guardians, as the case may be, for those below the age of majority.

“User content” refers to any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.

USER REPRESENTATION AND WARRANTIES

By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between Fintqnologies Corp. and you.

You must be at least 18 years of age, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.

By visiting and/or using the Services, you declare, represent, warrant and understand that you will be exposed to content, material or information from a variety of sources, and that Fintqnologies Corp. is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material or information, user generated, submitted or otherwise, including those content, material or information that may be linked to it. You understand and affirm that Fintqnologies Corp., Inc. does not endorse any User Content or any information, opinion, recommendation, or advice expressed therein, including content, material, and information linked from its Services. You hereby hold Fintqnologies Corp. free from any responsibility and liability arising out of your use of or reliance on such User Content or linked content, material or information.

You further understand and acknowledge that you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that you undertake, at your own risk, and you hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fintqnologies Corp. with respect thereto, and agree to indemnify and hold Fintqnologies Corp. harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.

By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that Fintqnologies Corp. shall not be liable for, and you hereby hold Fintqnologies Corp. free from any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify Fintqnologies Corp., for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services. You further agree, undertake, and commit to indemnify Fintqnologies Corp. for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.

You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.

You acknowledge that any material, information or content which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by Fintqnologies Corp. for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold Fintqnologies Corp. free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of Fintqnologies Corp. which may be directly or indirectly contributory to such unauthorized or unlawful use.

You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to Fintqnologies Corp. and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of Fintqnologies Corp., including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.

 

ACCEPTABLE USE POLICY
YOU AND THE SERVICES

You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Fintqnologies Corp. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.

You agree not to alter, modify, or cause the alteration or modification of the Services without prior written consent from Fintqnologies Corp. You further agree not to use the Services for any commercial use without prior written authority from Fintqnologies Corp.

You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.

You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.

You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.

You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of Fintqnologies Corp., including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.

You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.

You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.

You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Fintqnologies Corp. or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by Fintqnologies Corp., or by the owner of that content, material or information in a separate agreement

YOU AND USER CONTENT

You agree to and hereby undertake the sole responsibility and hold Fintqnologies Corp. free of liability to you or to any third party for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services and hereby stipulate admission of liability to Fintqnologies Corp. for whatever loss or damage Fintqnologies Corp. may suffer as a consequence of your use or misuse of the Services.

You agree not to share, create, upload, transmit or display using the Services any material, information or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize Fintqnologies Corp. to use any and/or all User Content that you create, upload, transmit, or display using the Services.

You agree not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage.

You agree not to share, create, upload, transmit or display using the Services any material, information or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.

You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Fintqnologies Corp. to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant Voyager Innovations Inc. perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner Fintqnologies Corp. may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold Fintqnologies Corp. free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which Fintqnologies Corp. made available your User Content.

Unless otherwise agreed in writing with Fintqnologies Corp., you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that Fintqnologies Corp. is not responsible for the actions of other users or any third party and hereby free Fintqnologies Corp. and waive in its favor any or whatever right or claim you or your principal may have against Fintqnologies Corp. relative to any User Content which you or a third party may create, upload, transmit or display using the Services.

You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services.

THIRD PARTY CONTENT & SERVICES

The Services contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third Party Services; or the content, products, or services available on or through such Third Party Services. The availability of such Third Party services does not imply any endorsement by us of such Third Party services or the content, products, or services available therefrom.

You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third Party Services.

Fintqnologies Corp. makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

FINTQNOLOGIES CORP. RESERVED RIGHTS

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at anytime, temporarily or permanently, without prior notice. You hereby irrevocably agree, affirm and warrant to hold Fintqnologies Corp. free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold Fintqnologies Corp. free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at anytime and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and Fintqnologies Corp. Fintqnologies Corp. makes no warranty of any kind, express or implied, for such service updates and/or messages but you hereby agree to receive such service updates and/or messages and hold Fintqnologies Corp. free from any liability and/or claims for indemnification or damages that may arise therefrom

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and without prior notice.

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of Fintqnologies Corp. under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by Fintqnologies Corp., by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify Fintqnologies Corp. or any third party for any damage Fintqnologies Corp. or said third party may sustain as a result of your use of the Services.

You understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Fintqnologies Corp. reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold Fintqnologies Corp. free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

PROPRIETARY RIGHTS

You understand, acknowledge and agree that Fintqnologies Corp. owns and retains all proprietary rights in the Services. You understand, acknowledge and agree that all content, material and information, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, design, structure, selection, coordination, expression, look and feel and arrangement of such content, material or information contained in or available through and from the Services is owned, controlled or licensed by or to Fintqnologies Corp. and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You further acknowledge that the Services may contain information which is designated confidential by Fintqnologies Corp. and that you shall not disclose such information without Fintqnologies Corp.’s prior written consent.

You understand, acknowledge and agree that the Services are provided to you AS IS for your personal use only. Except as expressly provided in these Terms, no part of the Services and no content, material or information therefrom may be copied, reproduced, adapted, modified, translated, encoded, republished, uploaded, posted, published, publicly performed, publicly displayed, distributed, or transmitted over public networks and in various media, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Fintqnologies Corp.’s’ express prior written consent.

You understand, acknowledge and agree that unless you have agreed otherwise in writing with Fintqnologies Corp., nothing in these Terms gives you a right to use any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Fintqnologies Corp. You may use information on Fintqnologies Corp., products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Fintqnologies Corp. for downloading from or through the Services, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You understand, acknowledge and agree that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Services, including contests, promotions or other similar features, all of which terms are made part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. In case of conflict between these Terms and the terms posted for or applicable to a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services. The obligations of Fintqnologies Corp., if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided and nothing in these Terms should be construed to alter such agreements.

TRADEMARK INFORMATION

All trademarks, trade names, service marks, service names are the property of their respective holders.

DISPUTE RESOLUTION AND GOVERNING LAW

You understand and agree that these Terms including all disputes relative to your use of the Services shall be governed by the laws of the Republic of the Philippines without regard to conflict of laws provisions. You agree to the personal jurisdiction by and venue in the appropriate courts of Makati City, Philippines, and waive as you hereby waive any objection to such jurisdiction or venue. In case of any dispute arising out of these Terms or your use of the Services, you hereby agree, undertake and commit to resolve or attempt to resolve such dispute promptly and in good faith. In case of failure to resolve any such dispute, you further agree, undertake and commit to submit to voluntary mediation in Makati City, Philippines, before the issue may be brought to court of proper jurisdiction as stipulated herein.

SEPARABILITY CLAUSE

You understand and agree that if any provision or provisions of these Terms are subsequently held or declared to be unlawful, void or unenforceable by any court, tribunal or agency of competent jurisdiction, the provisions of these Terms not so declared unlawful, void or unenforceable shall remain to be valid and in full force and effect, and shall be construed as to uphold the true intent of these Terms.

FEEDBACK AND INFORMATION

You understand and agree that any feedback or information you provide to Fintqnologies Corp. shall be deemed non-confidential, and that Fintqnologies Corp. shall be free to use such information on an unrestricted basis.

Copyright © 2016 FINTQ. All rights reserved.