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Terms and Conditions
Introduction

Welcome to the onebrc.com website (hereinafter the “Site”). The following terms and conditions (“Terms and Conditions”) govern your use and access of the Site. And your continuous use confirms your understanding and represents that you agree to be bound to the Terms and Conditions herein set forth.

Access to and use of password protected and/or secure areas of the Site are restricted to clients and general users with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Site, or to any other protected information, through any means not intentionally made available by us for your specific use.

Display and images of places, lots and realties shown on the Site are either the property of, or used with permission by onebrc.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

It is presumed that, any and all, information and pictures on the Site are copyrighted unless otherwise stated, thus, may be used only to the extent allowed by this Site or upon the written consent of onebrc Philippines Inc. onebrc Philippines Inc. neither warrants nor represents that your use of the information and pictures on the Site will not infringe on the rights of third parties not affiliated, connected, associated or accredited with onebrc Philippines.

You may not make any part of the Site available as part of another website, whether by hyperlink framing on the Internet or otherwise, unless you have been authorized to do so in writing by onebrc Philippines Inc.

onebrc Philippines Inc. does not warrant and makes no representation that the information, display and pictures shown in the Site are suitable, appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or countries do so on their own volition and are bound to adhere with intellectual property laws, trademark and copyright laws and to such laws deemed applicable.

Abusing ‘onebrc.com’

‘onebrc.com’ and its community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

Classified Acceptance and Pricing

The Site reserves the right to refuse or cancel any classifieds, uploads or requests for uploads for any reason, at any given time. You may be asked to provide additional verification or information, including but not limited to your: name, phone number and email address, before we accept to publish the classified. We are determined to provide the most accurate information on the Site to our users; however, errors may still occur, such as cases when the price of a listing is not displayed correctly on the website. As such, we reserve the right to direct you to the appropriate person, broker, agent or entity who caused the listing to be uploaded.

Legal Disputes

Subject to the Company’s right to seek injunctive relief in the courts of the Republic of the Philippines, any dispute, controversy or claim arising out of or in relation to or connection to the Terms and Conditions herein set forth, including without limitation any dispute as to the construction, validity, interpretation, enforceability or breach of any of the stipulations provided, shall be settled by arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules as at present, in force.

You agree to indemnify, defend and hold onebrc Philippines Inc., its subsidiaries and affiliates, and their respective officers, directors, owners, agents, and information providers free and harmless from and against any and all claims, liabilities, losses, costs and expenses incurred in connection with any breach by you of these Terms and Conditions and Privacy Policy.

Applicable Law and Jurisdiction

The foregoing Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Republic of the Philippines, as it is applied to agreements entered into and to be performed entirely within the country. Any action made by you, or any third party or onebrc Philippines Inc., to enforce the Terms and Conditions or, in connection with, any matters related to the Site shall be brought only in the territorial jurisdiction of the Philippines. If any provision of the Terms and Conditions shall be unlawful, void, voidable, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions herein provided and shall not affect the validity and enforceability of any and all other remaining paragraphs herein contained.

Privacy

To facilitate your account, onebrc Philippines Inc. shall obtain your personal information such as but not limited to your first name, last name, mobile number and email address for our promotional campaigns and marketing. We do not sell or provide your personal information to third parties for their marketing purposes without your explicit consent.

We may use your information only as described in the onebrc.com Privacy and Confidentiality Policy in consonance to the Data Privacy Act of 2012. Your privacy is important to us. We collect and gather information, store and process them on our servers that are protected by physical and technological security measures and devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For subscriptions, you do not need to log into your account if you opt to unsubscribe, you may do so by clicking Unsubscribe at the bottom of the email that we sent you.

For complete information on how we use and protect your personal information, you may look into the ‘onebrc.com’ Privacy and Confidentiality Policy. If you object to your information being transferred or used in this way, you may stop using our website.

Indemnity

You agree to indemnify, defend and hold onebrc Philippines Inc., and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions and Privacy Policy.

Notices

You will receive an email notice or phone verification from onebrc.com once you have created a log in account. This is a verifying tool that will counter check with you if the email address given and entered is accurate and existing during the registration process. This Notice shall be sent within 24 hours after registration and creation of an account, unless, we have been notified that the email address provided is invalid.

Right to Restrict Access

In addition to any other rights or remedies that may be available to onebrc.com, we may, without any liability whatsoever, in our sole discretion terminate or restrict your access or use of the Site at any time and without notice.

No Waiver

onebrc.com’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade or internet practices shall be deemed to modify these Terms & Conditions.

Severability

If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.

Limitation of Liability

Neither onebrc.com nor its subsidiaries, divisions, affiliates, officers, directors, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access to or use of, or your inability to access or use, the site or any materials, opinions or recommendations of third parties on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if onebrc.com has been advised of the possibility of such damage.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

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