Buqo Terms And Conditions Of Use

IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITONS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT, AND BY CREATING AN ACCOUNT OR USING THIS WEBSITE AND THE SERVICES PROVIDED HEREIN YOU ARE INDICATING THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. This agreement ("Agreement") is a contract between you, the individual user of buqo ("User") and Hand.Interactive, Inc. (“HII”), a Philippine corporation, the owner and operator of the buqo Service (as defined below), and governs your access and use of this website and the entire buqo Service. By creating an account, accessing this website or otherwise using the buqo Service, you confirm that (1) you have read and understood this Agreement and agree to be bound by its terms and conditions; and (2) you are at least 18 years of age. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, please do not access or use the buqo Service. HII reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms and conditions at any time without further notice. In such an event, the amended terms and conditions shall be posted on this website and shall be effective immediately. Your continued use of the buqo Service after said changes constitutes your acceptance of the amended terms and conditions. PAYMENT METHODS, TERMS & TAXES. – ITunes, Mastercard & Visa credit cards are accepted for payment of your buqo purchase. When credit cards are used for purchase, buqo may obtain pre-approval from the credit card company for an amount up to the amount of the order. Your credit card will be billed at the time of or shortly after your transaction. If your credit card has pending limits that prevent the processing of your purchase order and your credit card issuer does not honor an online payment transaction or deny such transaction, please use another payment card for the transaction. Buqo service has the discretion to cancel or delay orders. All prices indicated on the buqo.ph Site are net of and exclude any applicable taxes. If applicable under the law or administration, VAT sales taxes and other taxes due may be applied to your purchase transaction and will be included in the total amount due. No customers are eligible for tax exemptions. PRICE CHANGES / PRICES/PRICING AND TAX. – Prices for items sold on buqo are subject to change without prior notice. The buqo Service does not provide any price protection or refunds in the event of promotional offers and price reductions. REFUND POLICY / CANCELLATION POLICY / CONTINUOUS SERVICE PROGRAM - All sales are final. Once the buqo Service begins, you will no longer have the right to cancel your purchase. The buqo Service begins when you start to download the purchased content from our catalog. For iTunes purchases on the buqo iPad app: Due to Apple’s iTunes Store Terms and Conditions, all sales are final. No refunds will be issued once a transaction has been charged even in the event of price reduction or promotional offering of iTunes For Credit Card purchases: The buqo Service only gives credit card refunds to purchased items that are unserved AND no longer available for download. The purchased item is considered unserved when you have not begun to download the purchased content. BILLING - When purchasing items on the buqo Service using iTunes, your iTunes account will be billed per item purchased. When purchasing more than one (1) item on the buqo Service over buqo.ph using a credit card, your order may be authorized and billed incrementally during one purchasing session when you click the “Buy” button. This may appear as separate orders and billings on your credit card statement. CUSTOMER SERVICE – If you have any billing related concerns or other inquiries, kindly refer to our help page at www.buqo.ph. If you cannot find any satisfactory answer, you may email us at info@buqo.ph. THE SERVICE. – buqo is an application and online service that provides its users with access to a wide variety of digital content such as books, magazines, newspapers, literary works and other publications, and allows users to order, purchase, subscribe to, and read these publications in electronic book (“e-book”) form or other digital formats. The buqo Service includes the website, “buqo.ph” or “buqo.com.ph”, and the use of the buqo mobile application or app that provides its users with enhanced interactive and digital media experience, the use of which shall be subject to the license granted below. HII reserves the right at any time to modify or discontinue the Service or any part thereof, whether temporarily or permanently, with or without notice, and without any liability to you or to any third party. USER REGISTRATION. – While the buqo Service is open to the public, certain portions and features of the Service are available only to users who register to create their own account and have been given a password from buqo. By registering with buqo, you confirm and agree to the following: (1) the information about yourself that you provide is true, accurate, current and complete; (2) you shall promptly update and maintain such information to keep it true, accurate, current and complete; (3) you shall be responsible for maintaining the confidentiality of your account and password; and (4) you accept responsibility for all activities that are initiated under your account. If any information that you provide is untrue, inaccurate, not current or incomplete, HII reserves the right to suspend or terminate your account, and you may not be allowed to access or use the Service or any part thereof. LICENSE AND ACCESS TO buqo –The buqo Service is for your personal use only. You are hereby granted a limited license to access and make personal use of the website. Each unique buqo account can be concurrently logged on to a maximum of seven (7) separate devices. You may not download the website (other than page caching) or modify it, or any portion of it, unless express prior written consent of HII is obtained. This license does not include: (1) any resale or commercial use of the website and/or its contents; (2) any collection and use of the product listings, descriptions, or prices found on the website; (3) any derivative use of the website and/or its contents; (4) any downloading or copying of account information for the benefit of any third party; and (5) any use of data mining, robots, or similar data gathering and extraction tools. With respect to the buqo Digital Reader/Player (“Software”), HII likewise grants you a limited, personal, non-sublicensable, non-transferable, non-exclusive license to use the object code version of the Software when you download, install or otherwise access it, together with any digital content in buqo e-book or digital format files made available on the buqo application or website for use in conjunction with the Software. You may download the Software and the digital content from buqo or otherwise access them now or in the future only for your personal use in accordance with this Agreement. Except as expressly and unambiguously permitted by this Agreement, you shall not, nor permit anyone else to: (a) copy modify, create derivative works based upon, or distribute the Software and digital content; (b) reverse engineer, translate, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except to the extent that applicable law prohibits reverse engineering restrictions); (c) rent, lease, transfer, resell or use the Software for timesharing or service bureau purposes, or otherwise use the Software and digital content for any commercial purpose or on behalf or for the benefit of any third party; (d) permit other individuals or entities to use the Software and digital content; or (e) simultaneously access your buqo account using more than three (3) devices. Any unauthorized use of the website and/or the Software and digital content terminates the license granted to you by HII. RESTRICTIONS ON USE. - You shall use the buqo Service for lawful purposes only, and in accordance with the terms and conditions herein stated. You shall not post or transmit through the Service any material that (1) violates or infringes upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or objectionable; or (3) encourages conduct that would constitute a criminal offense, gives rise to civil liability or violates any law. HII has, in its sole discretion, the right to refuse service, terminate your account, or cancel your orders when you commit any violation of these terms and conditions. INTELLECTUAL PROPERTY. – All content on the website and used in the buqo Service, including but not limited to text, graphics, logos, button icons, images, digital downloads, data compilations and software, are properties of HII or its content suppliers and are protected by Philippine and international copyright laws. You agree to respect all copyright notices or restrictions in any such content and will not make any changes thereto. Except as provided herein, you acknowledge that you shall not acquire any ownership rights by downloading copyrighted material. Furthermore, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of HII and/or its content suppliers. You may not copy, display or use any of these marks without prior written permission of the mark owner. MONITORING. – HII shall have the right, but not the obligation, to monitor the buqo Service to determine compliance with these terms and conditions and any other rules or policies established by HII, and to satisfy any law, regulation or authorized order or request from the government. Without limiting the foregoing, HII shall have the right to remove any material offered by the buqo Service that in its own discretion is found to be in violation of this Agreement, or otherwise objectionable. However, HII has no obligation to delete any material or content that you may find objectionable or offensive. YOUR PERSONAL INFORMATION AND THE buqo PRIVACY POLICY. – As part of the normal operation of buqo, HII collects and, in some cases, may disclose personally identifiable information (“Personal Information”) about you. By accepting this Agreement, you expressly consent to HII’s use and disclosure of your personal information in the manner described herein. Please note that your Information will be stored and processed over the Cloud. HII shall, as reasonably possible, hold and transmit your Information in a safe, confidential and secure environment. It will never sell or rent your personal information to third parties except as described in this section of the Agreement. If you object to your Information being transferred or used in this way, please do not register, use or access the buqo website or its services. A. INFORMATION COLLECTED. – The primary goal in collecting personal information is to provide users of buqo, like you, with a seamless, efficient and customized experience. It allows HII to provide services and features that meet your needs and customize such services and features to make your experience easier and more enjoyable. The types of information HII gathers are: (1) Information you provide – This includes the basic information you provide upon registration for an account at buqo.ph (“Registration Data”); when you place an order through buqo (“Order Data”); and when you search, buy, post, participate in a contest, survey or questionnaire, or communicate or in any way interact with HII through buqo. (2) Automatic Information – HII collects and analyzes automatic information that includes your Internet Protocol (“IP”) address, login, e-mail address; password, computer and connection information, the Uniform Resource Locator (“URL”) clickstream to, through and from the website, products searched and viewed, and cookie number. The details of the buqo application that you install and the devise used therefor shall also be automatically extracted when you use buqo. (3) Information from other sources – Updated contact information and demographic and purchase information may be obtained from third parties to correct HII’s records, fulfill your orders, deliver communications to you and provide you with more targeted promotions. B. COOKIES. – HII uses data collection devices such as “cookies” on certain pages of the buqo website. Cookies are alphanumeric identifiers that are transferred to and stored on your computer’s hard drive to enable buqo’s system to recognize your browser. Cookies likewise assist HII in providing you with customized services. Most cookies are “session cookies,” meaning they are automatically deleted from your hard drive at the end of a session, but you are always free to decline cookies if your browser permits. However, there are certain features of the website that are only available through the use of a cookie. In order to take advantage of buqo’s essential features, it is recommended that you leave cookies turned on. Additionally, you may encounter "cookies" or other similar devices on certain pages of the website that are placed by third parties. HII does not control the use of cookies by these third parties. C. USE OF INFORMATION. – Your personal information are used primarily (1) to deliver the digital content and other products that you order; (2) verify access to secure content and your account; (3) determine whether you meet the minimum system requirements to be able to access and use the buqo services; and (4) provide you tailored content, instructions and customer support. You agree that HII may use personally identifiable information about you to improve its marketing and promotional efforts, analyze site usage, develop and improve both existing and future content and product offerings of HII, customize its website's content, layout, and services, address application issues experienced by buqo users, and provide better customer support. These uses improve buqo and better tailor it to meet your needs. You further agree that HII may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the website. By accepting this Agreement, you expressly agree to receive these communications. HII is not in the business of selling its users’ personal information. It may share user information only with its affiliates or subsidiaries and third-party service or content providers that are subject to this Agreement or follow privacy practices that are at least as protective as those described in this Agreement. Your account and personal information may be released upon HII’s determination that it is appropriate to comply with the law; to enforce or apply these Terms and Conditions of Use and other agreements or policies; or to protect the rights, property, or safety of buqo, its users or other third-parties. Other than as set forth above, you shall receive notice when information about you might be disclosed or shared to other parties, and you shall be given the option to choose not to share the information. D. SECURITY OF INFORMATION. – HII works to protect the security of your information. It uses commercially reasonable security methods to protect your personal information. Your personal information shall be stored over the Cloud secured by multiple firewalls and access control, and Secure Sockets Layer (“SSL”) software. Credit card information shall be stored by Payment Gateway Solutions Providers in encrypted, non-human readable form. You acknowledge that it is your responsibility to protect your password and account against unauthorized access. E. ACCESSING, REVIEWING AND CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION. - Following registration, you can review and change the information you submitted during registration. You must promptly update your information if any changes occur. Your account may be deactivated online. Such account may be deactivated as soon as reasonably possible and your personal information will be removed from HII’s active user database. However, in some circumstances, HII may retain in its files any personal information to troubleshoot problems and enforce these Terms and Conditions of Use. Further, such information is never completely removed from the databases due to technical and legal constraints, including stored "back up" systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from the databases. F. NOTICE OF CHANGES. – This Agreement, particularly this section on Privacy Policy, may be revised from time to time. If the changes will directly affect how your personal information shall be shared, you shall be notified through a notice posted on the website or through e-mail and you shall be given an opportunity to opt out of such change. Unless you are notified otherwise, the collection and use of your personal information is governed by the version of the Privacy Policy as stated in this Agreement in effect at the time such personal information is collected. As a registered user, you obligate yourself to be aware of any future amendments to buqo’s Privacy Policy. You also expressly acknowledge that your continued use of buqo after the posting of any amended terms on the website and e-mail notice constitutes an acceptance of the amended terms. For any questions or concerns regarding buqo’s Privacy Policy or the use of your information, please email info@buqo.ph or use the following address: Hand.Interactive, Inc. 8th Floor, Robinsons Cybergate Tower 3, Robinsons Pioneer Complex, Pioneer Street, 1550 Mandaluyong City, NCR, Philippines www.hand.interactive.ph DISCLAIMER OF WARRANTIES. - THE SERVICE AND ALL DIGITAL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APLLICABLE LAW, HII, ITS AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HII NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS OR AGENTS, MAKE ANY WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SOFTWARE INCLUDED ON OR MADE AVAILABLE THROUGH THE SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (4) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE DIGITAL CONTENT WILL BE ACCURATE OR RELIABLE; OR (5) THE QUALITY OF ANY DIGITAL CONTENT OR THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBILE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. HII IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HII OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY. LIMITATION OF LIABILITY. – HII, ITS AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS LICENSORS, OR AGENTS SHALL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY AND ALL DAMAGES, HOWEVER CLASSIFIED OR CATERGORIZED, INCLUDING INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR NON-USE, MISUSE, AVAILABILITY OR RELIANCE ON THE SERVICE NOTWITHSTANDING THE FACT THAT HII SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF HII FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR DIGITAL CONTENT OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO HII FOR THE PORTION OF THE SERVICE OR DIGITAL CONTENT GIVING RISE TO THE CLAIM. INDEMNIFICATION. - You agree and undertake fully and effectively to indemnify and hold HII and (as applicable) its affiliates, officers, employees, licensors, and agents, at all times free and harmless from any actions, proceedings, costs, claims or demands, liabilities and expenses whatsoever, (including reasonable attorneys' legal and other fees and disbursements) sustained, incurred or paid by them, directly or indirectly, due to or arising out of your breach of this Agreement (including any other document incorporated by reference), or your violation of any law or the rights of a third party, or any other liabilities arising out of your use of the Service or any other person accessing the website using your account. TERMINATION. – This Agreement may be terminated at any time by you or HII. Without limiting the foregoing, HII reserves the right to immediately cancel your account, terminate your access to the Service, or any part thereof, without prior notice or liability, if you fail to comply with these terms and conditions. Upon termination of your buqo account, you understand that your access to any and all digital content that you purchased through the Service shall be lost. GOVERNING LAW AND LEGAL COMPLIANCE. - This Agreement and the use of the Service shall be governed by the laws of the Republic of the Philippines. You expressly agree that any and all dispute relating to or arising out of this Agreement and the use of the Services shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of the Philippines. You hereby expressly consent to the exercise of personal jurisdiction by the proper court in Mandaluyong City of the Republic of the Philippines. DISPUTE RESOLUTION. - In the event a dispute arises between you and HII, you may report it to HII’s Customer Support/Service. Any controversy or claim arising out of or in connection with this Agreement shall first be referred to and settled by binding arbitration in the Philippines under the rules of the Philippine Arbitration Law, to the exclusion of all other courts, fora and venues. You agree to be bound by the ruling arbitrator. The costs of the dispute shall be borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy on any other party. The judgment on the arbitration award may be entered into by any court having jurisdiction thereof. MISCELLANEOUS. - You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and HII regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You agree that the terms of this Agreement are severable. If any part of this Agreement is held invalid or unenforceable, that term or provision will not affect the remainder of this Agreement, the remaining portions shall remain in full force and effect. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to copy, distribute, sell or resell the Service or any portion thereof. The remedies of HII under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of HII, at any time or from time to time, to require performance of any of your obligations hereunder shall not affect its right to enforce any term of this Agreement at a subsequent time.