AGREEMENT AND ACCEPTANCE
Mabuhay! These Terms and Conditions ("T&C" or "Terms) serve as a binding legal agreement between you ("You/Your" "Subscriber", "Customer") and PLDT Global Corporation. ("PLDT Global, Inc.", "JuanaChat", "We" "Us" or "Our"), a company established under laws of the British Virgin Islands.
These Terms serve as a basis to define our rights and responsibilities in using the JuanaChat Services ("Service/s" or "JuanaChat application"). There may be instances where You may be using services provided or offered by a third party content owners who may or may not be our affiliate. In any case, the use of such service is governed by a separate and specific agreement(s).
Please carefully read this T&C which covers the general description of the Service/s including, the services We offer, user experience, coverage and all our legal rights and responsibilities necessary for our mutual interest.
You represent that You are of legal age and authorized to enter into contracts under applicable laws. By using the JuanaChat Service and downloading the App, You recognize and/or waive any right or requirement under applicable laws requiring non-electronic signatures as a formal requirement to enter into contracts. Otherwise, we request You to cease using the Juanachat Services. You also confirm that You are allowed under respective applicable laws to enter into a contract with Us. IN ANY CASE, YOU CANNOT USE ANY OF THE SERVICE/S IF YOU ARE BELOW 13 YEARS OLD. IF YOU ARE BELOW 13 YEARS OLD, PLEASE STOP USING THE SERVICE/S. IN THE EVENT YOU ARE A MINOR (E.G. BETWEEN 13 TO 18 YEARS OLD), YOU WARRANT THAT YOU ARE REPRESENTED BY YOUR PARENT OR ANY LEGAL GUARDIAN IN THIS T&C.
You express Your full acceptance and conformity to these T&C in any of the following instances regardless of your formal acceptance thereof: a) You download and activate any of the Service/s; b) You enroll or use any of the Service/s; c) You click the "Accept" button (or such other links/buttons to that effect) in the App. D) You submit any electronic signature or Personal Information to Us or our authorized agents; c) participate in any of our promotion and/or marketing activities. PLEASE DO NOT DO ANY OF THESE THINGS IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.
1) JUANACHAT SERVICE
JuanaChat is an alternative, non-traditional and internet based communication service designed to call the Philippines. JuanaChat has been designed to provide You with a high quality VoIP services to the Philippines. It is designed for offshore Filipinos like You. You non-Philippine number will serve as your account number in using the JuanChat services. Once registered, You may initiate and receive calls and/or SMS from another JuanaChat User or a Philippine mobile number.
Except for proving us with your non-Philippine mobile number, there is no need to subscribe to Your local telecommunication service provider as a condition for using the Service. No prior purchase is required to download JuanaChat. It can be accessed through any Device subject to the provisions of this T&C. However, You may be required to purchase subscriptions to use the Service i.e. initiate calls and send SMS. Unless otherwise modified, any calls and SMS between JuanaChat users using the App shall be free. Calls and SMS sent to a Philippine mobile number shall be subject credited to your existing subscriptions and its corresponding policies. Subscriptions can be purchased from any accredited distributors and channels including our accredited resellers.
For Your convenience, You can also purchase subscription-based account numbers ("Philippine Account Number). Your Philippine Number allows PLDT, Smart and Sun users to call You at Philippine local rates i.e. PHP 6.50 per minute or PHP1.00 per SMS without paying any additional International charges. Calls to Philippine Number by PLDT, Smart and Sun users are treated as domestic calls within the Philippines. All calls or sms will be received in the JuanaChat App using an internet connection.
Juanachat plans are generally valid for 30 days, except for the plans where it is clearly stated that last 24 hours or 15 days.
Juanachat credit is valid for 365 days from date of purchase.
2) USING THE SERVICE AND CREATING AN ACCOUNT
Prior registration is required before You can use and enjoy the JuanaChat Services. We will require your Non-Philippine mobile number in registering and creating an account. Your local mobile number serves as your Account Number for identification purposes. Other than Your local number, We will not access any information submitted to your local telecommunication company or provider.
Any communication with other JuanaChat users ("Peer-To-Peer Communication") shall be Your sole responsibility. We cannot screen and monitor Peer-To-Peer Communication. You are expected to exercise prudence and comply with all applicable laws in using JuanaChat.
3) LICENSE FOR PERSONAL USE OF JUANACHAT
On the condition that You faithfully comply with this T&C, JuanaChat issues and provides You with a limited, unassignable, non-exclusive and royalty free license to download, access, use the JuanaChat application in your Device for your personal use. No other license is hereby given to You except as to what has been clearly and expressly set forth in this T&C. For the avoidance of doubt, this license does not in any way transfer to You any proprietary or intellectual property rights owned or licensed to PLDT GLOBAL, its affiliates, subsidiaries, and/or third-party providers.
JuanaChat is intended solely for Your personal use. It will be Your responsibility to maintain the confidentiality of Your account details such as passwords and user information. Your account is not intended for multiple users. Please inform Us immediately if You discover that Your account was accessed by a third party. We reserve the right to suspend Your account if We, in Our opinion, believe that a third party is attempting to access JuanaChat using Your account. However, We cannot be held responsible if a third party is able to access your account. JuanaChat shall not be liable for any loss, injury or damage arising from the termination or suspension of Your service or from the unauthorized access of Your account. You may request Us to reactivate Your account if it was terminated due to unauthorized access by a third party.
Notwithstanding the foregoing, You are prohibited from performing any of the following acts:
a) Disassemble, decompile or reverse engineer JuanaChat App, program or software;
b) Modify any of its program, graphic user interface or do anything to revise or change its features;
c) Modify JuanaChat to allow multiple users to access the same using your account;
d) Reproduce, duplicate, license, sell, trade, use for commercial purpose or exercise any acts of ownership on the JuanaChat;
e) Do any act that will result to any harm, loss or injury to JuanaChat.
4) THIRD PARTY CONTENT
JuanaChat allows You to access publicly available content which are mainly Filipino-centric ("Third Party Content"), if any. We do not exercise any proprietary or intellectual property rights in any Third Party Content. You may access the Third Party Content using JuanaChat application at Your own discretion and risk. When accessing the Third Party Content, You are authorizing JuanaChat to redirect You to the desired Third Party Content. You recognize and agree that You are fully responsible and assume all forms of risk arising from the access or use of any Third Party Content.
By visiting and/or using any Third Party Content, You understand that JuanaChat shall not be liable for, and You hereby hold Us free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever arising from accessing the Third Party Content. Moreover, You agree to hold JuanaChat free and harmless and fully indemnified for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from accessing any Third Party Content.
We disclaim any form of liability arising from accessing or using any Third Party Content. The availability of any Third Party Content in the JuanaChat shall not be construed as an endorsement of any content. We do not warrant that the Third Party Content is accurate, error-free, updated or readily available. We may, at our discretion, remove any Third Party Content. You recognize that the Third Party Content is owned by third parties who may not necessarily be related to PLDT GLOBAL. Nothing in this T&C allows or authorizes you to use the Third Party Content in a manner that infringes the copyright or intellectual property rights of the Third Party Content owners. You are aware that Third Party Content owners may exercise legal and other equitable remedies to protect their copyright and other intellectual property rights in the Third Party Content.
5) DATA USAGE AND CHARGES
In order to use JuanaChat, You need to have an access to the internet. You are responsible for any Data or internet usage charges imposed by your local telecommunication operator for using JuanaChat. In using JuanaChat, You will also consume the data allocation provided by your regular internet or data service subscription. In the alternative, You may also use JuanaChat through a reliable Wi-Fi Connection. AS JUANACHAT IS HIGHLY DEPENDENT ON THE INTERNET, YOU AGREE THAT THE QUALITY OF OUR SERVICE IS DEPENDENT ON THE QUALITY OF YOUR INTERNET OR DATA CONNECTION. PLDT GLOBAL, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS (COLLECTIVELY "PGC GROUP") ANY OF THE PGC GROUP DIRECTORS, OFFICERS OR EMPLOYEES CANNOT BE HELD LIABLE FOR YOUR FAILURE TO USE THE SERVICE. WE CANNOT GUARANTY THAT THE SERVICE WILL BE ERROR FREE.
6) MISUSE OF THE SERVICE
You are prohibited from Misusing the Service. The term "misuse" shall include (but not limited) the following circumstances:
a) Reselling or redistributing the service to another person under a different brand or name;
b) Any act that could adversely affect any of Our subscribers, networks, property, or Services in general including Our reputation;
c) Using the Service for any communication which in our reasonable opinion is considered Spam, including Machine-to-Machine communication;
d) Using the Service in the commission of a crime including but not limited to the distribution of obscene, pornographic, malicious and other similar contents;
e) Using the Service for commercial purpose unless otherwise agreed in writing; or
f) Using the Service to misrepresent yourself or to perform any malicious, fraudulent or illegal act;
g) Infringing the intellectual property rights of PLDT GLOBAL or any Third Party Content owners;
h) Any other act analogous to the foregoing
Apart from terminating Your service, We reserve Our right to exercise other remedies available under law and equity, including injunctive relief for any misuse of the Service without the need to establish damages. We may conduct an investigation if we believe You are Misusing the JuanaChat Service.
7) COMPLIANCE WITH LAWS
We recognize that there are certain jurisdictions which prohibit the use of VoIP or any internet telephony services. If You belong to such jurisdictions, We ask that You desist from using the JuanaChat Service. Otherwise, We presume that Your existing laws do not prohibit You from using the JuanaChat Service.
You agree to indemnify Us and our group of companies in full and on demand from and against any loss, damage, costs or expenses which we or they may suffer or incur directly or indirectly as a result of the breach of any these Terms.
We reserve the right to suspend or terminate Your account if, in our sole and reasonable opinion, we determine that the use of the JuanaChat is for an immoral, illegal or unlawful purpose, or violates these Terms or may affect our network or equipment.
8) SERVICE AVAILABILITY AND UPDATES
Given the nature of the Service/s, We do not guarantee that it will always be available in a particular area or it will be error free. There may be instances of unavailability of Service. There are physical factors beyond Our control such as, but not limited to, weather/climate, structures, geographical terrain, topography, signal strength, traffic volumes, and technical limitations which may affect actual service, quality and availability. Your Device may also affect the quality of service. You understand and agree that We shall not be held liable for any complaints or problems caused by Service availability or quality.
To further improve the security, safety, provisioning of the Service/s, We may remotely update or change any applications, software, systems or features of JuanaChat (System Update) without any prior notice. Such System Updates may modify Your Device and could delete any and all data You have stored on Your Device. It may likewise alter Your usual user experience of the JuanaChat application. The Service/s may be suspended and unavailable during a System Update. Any update may also be a condition for your continuous use of the JuanChat Services.
You need to use a smartphone, tablet, laptop, computer or any similar device (collectively "Device") to access JuanaChat. At present, JuanaChat is available in IOS and Android operating systems. You may use any Device to access JuanaChat provided it meets the minimum qualifications required by the App. We are not in the business of manufacturing or selling of any Device. Hence, We do not endorse any Device to be used in accessing JuanaChat. WE DO NOT WARRANT THAT JUANACHAT WILL WORK IN YOUR DEVICE. All and any risk of loss, damage or destruction on the Device as a result of using JuanaChat shall be your full responsibility. We reserve the right to disallow You from using a Device if we believe that its use may potentially harm other users or the JuanaChat application.
In using Our Service, You agree that We (including any third-party calling on our behalf) can contact You, for any service related purpose within reasonable business hours, at any convenient means such as but not limited to email or SMS message. In addition, You agree to receive SMS (text messages) that may be promotional in nature. Your consent to receive these promotional messages is not a condition of the Service and You may revoke this consent at any time upon providing Us with written notice.
Third Party Content may include promotions and advertisements from owners of Third Party Contents. You are solely responsible for your dealings, communication and transactions with any Third Party Content owners. We accept no responsibility for advertisements found within the App. If You agree to purchase goods and/or services from any third party who advertises in JuanaChat, the same is done at Your own risk. We are not responsible for such goods and/or services and if You have any queries or complaints in relation to them, Your only recourse is against the advertiser.
You commit and undertake to indemnify defend and hold Us (including Our subsidiaries, parent company, affiliates, suppliers, vendors, third-party provider or licensors) free and harmless from any action, claim, award, suit losses, damages, fines, penalties, costs, and/or expenses (including, without limitation, attorney’s fees) arising out of or in relation to Your actions including but not limited to the use of the JuanaChat Service/s, Peer To Peer Communication, or violation of this Agreement or any law or policy cited in this Agreement, any applicable law or regulation, or the rights of any third party. You shall be fully and exclusively responsible for any information or material You transmit, or any act (or inaction) associated with the use or access of any Third Party Content. We shall not in any way be liable for Your failure to protect Your passwords or any account.
UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ON ANY SERVICES YOU OBTAINED FROM US OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE CANNOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WILL WE AUTHORIZE ANYONE TO MAKE SUCH WARRANTIES ON OUR BEHALF. EVEN SO, THIS DOES NOT OPERATE AS A WAIVER TO CLAIM AGAINST OTHER PERSONS WHO MAY HAVE MADE SUCH UNAUTHORIZED REPRESENTATION.
THE JUANACHAT SERVICE/S WILL ALWAYS BE ON AN "AS IS" BASIS WITH "ALL FAULTS, ERRORS, AND DEFECTS." IT IS ALSO IMPOSSIBLE FOR US TO GUARANTEE THAT JUANACHAT WILL BE PRIVATE OR SECURE; WHILE IT IS ILLEGAL FOR UNAUTHORIZED PERSONS TO PRY OR INTERCEPT YOUR PERSONAL COMMUNICATION OR RETREIVE YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THAT THE SAME WILL NOT HAPPEN.
14) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, ANY AND ALL CLAIMS AGAINST US (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, VENDORS, THIRD-PARTY PROVIDERS, PARENT COMPANY) SHALL BE LIMITED TO (I) TEN US DOLLARS (US$10), (II) MAXIMUM AMOUNT SET BY LAW, IF ANY; OR (III) YOUR ACTUAL DIRECT DAMAGES, WHICHEVER IS LOWER. YOU AGREE THAT THIS LIMITATION SHALL APPLY REGARDLESS OF THE GROUNDS OF YOUR CLAIM INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, FRAUD OR ANY OTHER SOURCE OF LEGAL CLAIM. NEITHER ARE WE (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, VENDORS, THIRD-PARTY PROVIDERS, PARENT COMPANY) LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE ANY SERVICE AND/OR THE DEVICE .
YOU RECOGNIZE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS ARISING FROM ANY OF THE FOLLOWING CIRCUMSTANCES:
A) ANY ACT OF A THIRD PARTY WHO IS NOT AUTHORIZED TO ACT ON OUR BEHALF;
B) FORCE MAJEURE OR ANY ACT BEYOND OUR CONTROL;
C) RIOTS, STRIKE, WAR, TERRORISM OR OTHER SIMILAR INCIDENTS;
D) ANY VIRUS, WORMS, MALICIOUS CONTENT, DATA, IMAGE, ETC DOWNLOADED IN YOUR DEVICE VIA THE JUANACHAT SERVICE/S; OR
E) THIRD PARTY CONTENT YOU ACCESSED USING THE JUANACHAT APPLICATION
YOU RECOGNIZE THAT THIS PROVISION IS A MATERIAL CONSIDERATION IN THE SERVICES WE OFFER YOU. YOU RECOGNIZE THAT THIS PROVISION SHALL OPERATE AS A WAIVER OF ANY AND ALL OTHER EXISTING REMEDIES AVAILABLE UNDER EXISTING LAWS.
15) INTELLECTUAL PROPERTY
You recognize that the "JuanaChat" "PLDT", and all other trademarks used in the JuanaChat Service are exclusively owned by or licensed to PLDT GLOBAL, Inc. Except as provided herein, nothing in this Agreement can be construed as granting any license to use, copy, modify, reverse engineer, assert a claim, assign, sell, or register any of Our intellectual property. A violation of this provision may result to irreparable injury which cannot be fully remedied by pecuniary award. Thus, We shall be entitled to immediate injunctive relief in addition to all other remedies available for any violation of this provision.
We however do not claim any form of ownership, interest or right in any Third Party Content found in the JuanaChat.
17) SUSPENSION AND TERMINATION
You may terminate Your JuanaChat account anytime by sending Us an email at firstname.lastname@example.org. You are also considered to have terminated the Service if: (a) You do not use the JuanaChat service for 1 calendar year; (b) You do not respond to Our communication or notices; or (c) refuse to accept any System Update.
WE reserve the right, in Our sole and reasonable discretion, to suspend or terminate Your account without any liability in any of the following circumstances, You:
a) Commit a breach on any of the provisions of this Agreement;
b) Use the Service to perpetuate any form fraud, misrepresentation or illegal activities;
c) Use the Service in a manner that unnecessarily places PLDT GLOBAL to breach or violate any existing contractual or legal obligation;
d) Use the Service in a way that is unduly burdensome, abusive, excessive or detrimental to Us, other subscribers or any third-party;
e) Misuse the Service as defined in this T&C;
f) Allow other persons to use your Account;
g) Do any other act analogous to the foregoing or any act which may be detrimental to Our business or the subscriber in general.
We may also suspend or terminate the Service or any portion thereof for any System upgrade or any operational concerns including any lawful order by government authorities. We will not be required to any form of prior notice.
You recognize that upon termination of this Agreement for any reason, You will not be able to use, enjoy or access any of the JuanaChat Service/s. The termination of this Agreement shall be without prejudice to our right to recover any claim, fees or payments which accrued prior to the termination of the Agreement.
18) CHOICE OF LAW AND VENUE
This Agreement shall be governed by the Laws of Philippines. Any action relating to this Agreement be brought it must be filed in the court of competent jurisdiction in the Philippines or Hong Kong.
If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We however, reserve the right to terminate the Agreement in the event a particular provision is void or unenforceable and such provision is, in our sole and reasonable opinion, a material in the provisioning of the JuanaChat Services. PLEASE CEASE USING JUANACHAT IF THE LAWS OF YOUR DOMICILE OR RESIDENCY PROHIBIT YOU FROM USING THE SAME.
For your convenience, you may browse and read our FAQ at http://www.juanachat.com/faq.
20) GENERAL TERMS
a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign this Agreement without Our prior written consent. Any assignment in contradiction of this clause shall be void. We may delegate the performance of our obligation to third-party developers, suppliers or our affiliates without Your consent. We may likewise assign this Agreement to a third party without your consent. In such case, your only remedy is to terminate the Agreement.
b) Except as may be provided herein, this Agreement shall not inure to the benefit of any third party
c) The headings in this Agreement are solely for reference and our mutual convenience. It will not be used in interpreting the legal effect of this Agreement
d) In the event We waive any provision on one occasion, it does not amount to a waiver of Our right to waive such provision.
e) This Agreement will not the benefit any third party except Our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest.
f) We reserve the right to modify or amend this Agreement anytime.