INTRODUCTION

These Terms of Use (“Terms”) contain the legal terms and conditions governing your use of this website, including your use of any of the services it provides (the “Site”). This website is operated by Manila Harbour Centre Industrial Park Association, Inc. (“MHCIPAI”). MHCIPAI is also referred to in these Terms as “we,” “our,” and “us.”

By using this Site, you agree to be bound by Section I of these Terms, which contains provisions applicable to all visitors to our website. If you choose to register as a User, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms and conditions set forth in Section II of these Terms.

SECTION I: TERMS APPLICABLE TO ALL VISITORS

Availability

This Site is maintained on an “as is” and “as available” basis and MHCIPAI reserves the right to modify, suspend or discontinue the Site, in its sole discretion, at any time and without notice. You agree that MHCIPAI is and will not be liable to you for any modification, suspension or discontinuance of the Site.

Privacy

MHCIPAI is committed to safeguarding your privacy. Please review MHCIPAI’s Privacy Policy , the provisions of which are incorporated into and form a part of these Terms.

Trademarks (™) and Servicemarks (℠)

All brands, logos, products, and service names (the “Marks”) found in this Site, which identify MHCIPAI or the locators of Manila Habour Centre Industrial Park (the “Industrial Park”) and their products and services are proprietary marks of MHCIPAI or their relevant owners. Nothing in this Site shall be deemed to confer on any person any license or right to use Marks belonging to MHCIPAI or their respective owners.

Copyright

Unless otherwise indicated, MHCIPAI is the owner of all copyright and data rights in the Site and its contents. Individuals who have posted works to the Site are either the copyright owners of the components parts of that work or are posting the work under license from a copyright owners or his or her agent or otherwise permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the contents of the Site without the express, written consent of MHCIPAI or the appropriate owner of the copyright of such works. You agree not to alter or modify any part of the Site unless expressly permitted to do so by us.

Reporting Copyright Violations

MHCIPAI respects the intellectual property rights of others and expects users of the Site to do the same. At MHCIPAI’s discretion and in appropriate circumstances, MHCIPAI may terminate the accounts of users or prevent access to the Site of users who infringe the intellectual property rights of others. If your copyrighted work is featured in the Site in violation of your intellectual property rights, please contact MHCIPAI for notice of claims of copyright infringement.

External Links

The Site may provide links to third-party websites or resources but such links do not imply endorsement, nor do they warrant the accuracy or availability, of such websites or resources, or of their content, products and/or services. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.

Conduct of Visitors

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Site or servers or networks connected to this Site, or to disobey any requirements, procedures, policies, or regulations of networks connected to this Site, or provide any information to MHCIPAI that is false or misleading, that attempts to hide your identity, or that you do not have the right to disclose. MHCIPAI does not endorse any content placed on the site by third parties or any opinions or advice contained in such content. You agree to defend, indemnify and hold harmless MHCIPAI, its Trustees, officers, employees, and agents from and against any claims, liabilities, damages, losses, expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, or your violation of these Terms.

Disclaimer of Warranty and Limitation of Liability

MHCIPAI makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the content, products or services provided through the Site. You expressly agree that your use of the Site is at your sole risk. MHCIPAI disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. MHCIPAI makes no warranty as to the security, reliability, timeliness, and performance of this Site and its content. You specifically acknowledge that MHCIPI is not liable for defamatory, offensive or illegal conduct, whether by you or third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct. Except for the express, limited remedies provided herein, and to the fullest extent allowed by law, MHCIPAI shall not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, consequential, exemplary, moral, or punitive damages, even if MHCIPAI has been advised of the possibility of such damages.

Amendment of the Terms

We reserve the right to amend these Terms from time to time at our sole discretion. If you have registered as a member, we may notify you of any material changes to these Terms (and the effective date of such changes) by sending a notification through the Site. In addition, we will post the revised Terms on the Site. If you continue to use the Site after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Site.

Miscellaneous

These Terms constitute the entire agreement between MHCIPAI and you with respect to your use of the Site. MHCIPAI’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. MHCIPAI shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person, whether natural or juridical. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of MHCIPAI. These Terms shall be governed by and construed in accordance with the laws of the Philippines. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the appropriate courts of the City of Manila.

Comments

If you have any comments about the Site, please contact us by email at admin@mhcipai.com.

SECTION II: ADDITIONAL TERMS FOR USERS

Registration

To register as a User of the Site, you must be at least eighteen (18) years old with an authorization from a locator (landowner or lessee) of the Industrial Park in the form a Board authorization in case of corporate entities or a special power of attorney in case of natural persons. A potential bidder may also register as a User or authorize another person to register as a User, provided that representatives should be authorized in the form of a Board authorization for corporate bidders or a special power of attorney in case of natural persons. You agree that the information that you provide to us upon registration and at all other times shall be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. This is especially important with respect to your email address and mobile number, as these are the primary means by which MHCIPAI will communicate with you. When a new User is nominated by a locator or bidder through the submission of a new authorization, the substituted User shall no longer have the privileges of a User.

Password

When you register as a User, you will be asked to provide a password and may also change such password from time to time. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify MHCIPAI of any unauthorized use of your password.

Submitting and Receiving Information and Documents

As a registered User, you will be granted the privilege of submitting documents to MHCIPAI, including, without limitation, proof of payment of association dues of the locator you represent. Upon request and after confirmation with MHCIPAI’s bank, you will receive acknowledgement as well as copies of official receipts for the association dues and/or other payments made to MHCIPAI by the locator you represent. You will also have the privilege of sending and receiving queries and communications to MHCIPAI through the Site.

Downloading of Documents

As a registered User, you will have the privilege of downloading content from the Site, such as newsletters, resources, and other information materials posted by MHCIPAI on the Site.

Storage Policy

At this time, MHCIPAI provides limited free online storage for your documents uploaded to the Site or sent by MHCIPAI to the locator that you represent. However, you acknowledge and agree that MHCIPAI may, at its option, establish limits concerning your use of the Site, including without limitation, the maximum number of days that your documents and other materials will be retained in the Site, the maximum size of files that may be stored on the Site, the maximum disk space allotted to you for the storage of your documents and materials on the Site’s servers. Furthermore, you acknowledge that MHCIPAI reserves the right to terminate or suspend accounts that are inactive, at MHCIPAI’s sole discretion, for an extended period of time, resulting in the deletion or suspension of your access to your account. Without limiting the generality of clause 8 above, MHCIPAI shall have no responsibility or liability for the deletion or failure to store any documents or files maintained on the Site and you are solely responsible for creating back-ups of such documents and files. You further acknowledge that MHCIPAI reserves the right to modify its storage policies from time to time, with or without notice to you.

Conduct of Users

You are responsible for all of the documents and files that you upload to the Site. You shall not share or upload materials provided to you by others, or made available through websites, magazines, books and other sources, which are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. You agree not to use the Site:

for any unlawful purposes; to upload or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; to upload or otherwise transmit any material that infringes any copyright, trademark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, MHCIPAI’s or to facilitate the unlawful distribution of copyrighted content or illegal content; to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; to upload, post, or otherwise transmit any material which is likely to cause harm to MHCIPAI or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site which may cause any defect, error, malfunction or corruption to the Site; to sell access to the Site on any other website or to use the Site on another website without the express consent of MHCIPAI.

Suspension and Termination of Access and Membership

You agree that MHCIPAI may, at any time, and without notice, suspend or delete any part of the Site, or refuse to accept any offer or tender, or terminate your membership and delete any documents or files stored on the Site, at MHCIPAI’s sole discretion, if the locator you represent ceases from being a locator at the Industrial Park or if you comply with these Terms or violate any applicable law.

Procurement Tenders or Offers to Purchase

From time to time, MHCIPAI may post on the Site invitations to participate in bidding for the procurement of civil works or provision of services. MHCIPAI may also post on the Site invitations to participate in auctions for property for disposal. Bidders shall need to register as Users to be able to participate and submit tenders or offers through the Site. MHCIPAI reserves the right to reject any and all bids or offers and to make an award to any bid or offer that is deemed most advantageous to MHCIPAI.