Application Terms & Conditions
Effective as of November 18, 2021
These Terms of Service govern your use of Services provided by Splitex Philippines. Please read all terms carefully before consenting your use of our services, signing up or registering into your personal accounts with us.
In this Terms and Conditions:
‘we’, ‘us’ or ‘our’ means the Splitex system you are interacting with as detailed above;
‘the application’ means the SplitEx web and/or mobile application for iOS and Android that you are visiting or engaging with;
‘you’ and ‘your’ means you, the person engaging with us, registering for our events or services or visiting our site.
How you can contact us:
c/o ByltAx Systems Inc. 3/F ByltAx Business Center 7805 Vistamar Bldg.
Mayapis Street cor. St. Paul Road, San Antonio Village 1209 Makati City, Philippines
114 45 Stockholm, Sweden
Splitex Storefront Terms of Service
1.1 Welcome to the Splitex platform (the "Site"). Please read the following Terms of Service carefully before using this application or opening a Splitex account ("Account") so that you are aware of your legal rights and obligations with respect to Splitex managed by ByltAx Systems Inc. in the Philippines. Affiliated with Splitex Sweden, (individually and collectively, "Splitex", "we", "us" or "our"). The "Services" we provide or make available include (a) the application, (b) the services provided by the application, Insurance products from Insurance partners and the Splitex software made available through the Store Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the application or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Insurance Company and Splitex is not a party to that or any other contract between Buyer and Insurance Company as the Seller and accepts no obligations in connection with any such contract. Parties to such transactions will be entirely responsible for the sales contract between them, the Insurance policy purchase and the like. Splitex is not involved in the transaction between Insurance policy clients.
1.4 Splitex reserves the right to change, modify, suspend or discontinue all or any part of this application or the Services at any time or upon notice as required by local laws. Splitex may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Splitex may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Splitex reserves the right to refuse to provide you access to the application or Services or to allow you to open an Account for any reason.
BY USING Splitex SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS the application. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. INFORMATION AUTHENTICITY
2.1 ByltAx may collect, use, and store the information provided in this Application Form to process this application and to service my policies.
2.3 I understand that ByltAx reports to its platform partner Splitex located in Sweden and may engage third-party service providers and partners who, in some instances, may be located outside the Philippines. As necessary, my personal and policy information may be processed, shared, stored, and be subject to the laws of these foreign jurisdictions. ByltAx and its affiliates, third-party service providers and partners, are required to protect the confidentiality of my personal information in a manner consistent with data protection principles.
2.4 I authorize ByltAx to disclose my personal and financial information to Insurance partners for the purposes of ensuring Group’s continual compliance with applicable laws, regulations, guidelines and good market practices.
2.5 ByltAx may contact me to request or clarify information to process this application, send me policy information, and perform other relevant activities to service my policies.
2.6 I attest that the consent of the Policy Insured, Beneficial Owner (if any), Beneficiary/ies and all other data subjects in this Application form were obtained by me for the processing of their information for purposes listed above.
2.7 I understand the exclusions of this product or the conditions when the benefits will not be paid.
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Splitex; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Splitex’s prior written consent.
3.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
4. LIMITED LICENSE
4.1 Splitex grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the application are the property of Splitex and where applicable, third party proprietors identified in the application. No right or licence is granted directly or indirectly to any party accessing the application to use or reproduce any Intellectual Property, and no party accessing the application shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the application and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the application or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this application on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this web or mobile application).
4.2 You are welcome to link to the application from your website, provided that your website does not imply any endorsement by or association with Splitex. You acknowledge that Splitex may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Splitex reserves all rights to the software not expressly granted by Splitex hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Splitex.
6. ACCOUNTS AND SECURITY
6.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the application, (c) immediately notify Splitex of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Splitex will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
6.3 You agree that Splitex may for a valid reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the application any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID. Grounds for such actions may include, but are not limited to, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the application for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers,, or (h) behaviour that is harmful to other Users, third parties, or the business interests of Splitex. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Splitex may terminate your Account immediately with or without notice.
6.4 Users may terminate their Account if they notify Splitex in writing (including via email at firstname.lastname@example.org of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Splitex after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Splitex shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Splitex
6.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
7. TERM OF USE
7.1 The license for use of this application and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Splitex may effect such termination with or without notice to you.
7.2 You agree not to:
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Splitex platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User's listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Splitex with respect to the Services and/or data transmitted, processed or stored by Splitex
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the application;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of Splitex, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
7.3 You acknowledge that Splitex and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the application. Without limiting the foregoing,Splitex and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Splitex or submitted to Splitex, without limitation, information in Splitex Forums and in all other parts of the application.
7.4 You acknowledge, consent to and agree that Splitex may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Splitex or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Sp;litexits Users and/or the public.
8. VIOLATION OF OUR TERMS OF SERVICE
8.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
8.2 If you believe a User on our Site is violating these Terms of Service, please contact email@example.com
9. PURCHASE AND PAYMENT
9.1 Splitex supports one or more of the following payment methods in each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Cash on Delivery (COD)
Splitex provides COD services in selected countries. Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
(iii) SM, Robinsons, Online Banking, Expresspay, G-cash, Paymaya, Mercury ( largest pharmaceutical convenient store chain), 7-11 ( largest convenience store chain ), Splitex Cash Card
10. Splitex Cash Card
10.1 Splitex Cash Card is a service provided by Splitex or its agents and clients to facilitate the storage of money on a prepaid credit card back end.
10.2 You may transfer funds from your Splitex cash Card to online purchase, credit card payments.
10.3 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such errors, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Splitex Casb Card in the future.
10.4 You authorize us to initiate debit or credit entries to your SplitexWallet:
(i) to correct any errors in the processing of any transaction;
(ii) where Splitex has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
(iii) in connection with any lost, damaged or incorrect items;
(v) in connection with any uncharged fees;
(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
(vii) in connection with any banned items or items that are detained by customs; and
(viii) in connection with any change of mind agreed to by both Buyer and Seller; and
11. Splitex GUARANTEE
Splitex Guarantee is only offered to Buyers who have made payment through the channels provided. Offline arrangements between Buyer and Seller will not be covered under Splitex Guarantee.
11.1 If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Splitex will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than six (6) months after they become due to the Seller, Splitex will deal with such unclaimed Buyer's Purchase Monies in accordance with any applicable laws.
12. Splitex and Cash Card
12.1 Users may receive additional Splitex incentives. Upon the completion of a successful transaction,purchase of a smart splitex cash card . Incentive will be credited to a User’s Account based on the conversion rate as indicated in the terms and conditions of such.
13. CANCELLATION, RETURN AND REFUND
13.1 Splitex reserves the right to cancel any transaction on the application for valid/legal grounds, such as in certain cases where Seller and Buyer cannot or do not fulfil their obligations under the contract for sale between Seller and Buyer. Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Shopee Guarantee Account.
14. Insurance partner RESPONSIBILITIES
14.1 Insurance provider shall properly manage and ensure that relevant information such as the price and the details of items.
14.2 Insurance partners shall issue receipts, credit card slips or tax invoices to Buyer on request.
14.3 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Splitexx cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
14.4 Seller acknowledges and agrees that Seller’s violation of any of Splitex policy will result in a range of actions as stated in Section 7.1.
15. Paid Advertising
15.1 Splitex will be launching keyword advertising and/or other advertising services (hereinafter referred to as "Paid Advertising") on its Paid Advertising Site on an ongoing basis. Splitex provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this application, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the "Paid Advertising Rules"). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.
15.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.
15.3 You have the option to purchase Paid Advertising service at the time you list an item for sale or subsequently. When you purchase Paid Advertising service, you can set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. You may also choose to have your Advertising Credits automatically topped up via your Splitex Wallet (“Advertising Credits Top Up Feature”) if your Advertising Credits balance falls below an amount set by you (“Advertising Credits Minimum Amount”). When activating the Advertising Credits Top Up Feature, you may choose the Advertising Credits Minimum Amount and the amount of top up, and you consent to the debit of your Splitex . The Keyword Advertising service for each item will be activated and will expire on the respective dates set by you (the “Keyword Advertising Period”). You will not be entitled to transfer the remaining Paid Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Paid Advertising Period you set for that item. The Advertising Credits will also not be refunded.
15.4. You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules,Splitex shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.
15.5 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, SHOPEE IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.
16. TRANSACTION FEES
16.1 Transaction fees are dependent on convenience fees from our partner payment gateways.
17.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Splitex shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
17.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Splitex or its Affiliates (except where Splitex or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the application or any dispute related to such transaction.
17.3 Users covered under Splitex Guarantee may send written request to Splitex to assist them in resolving issues which may arise from a transaction upon requestSplitex may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Splitex Refunds and Return Policy.
17.4 To be clear, the services provided under this Section 20 are only available to Buyers covered under Splitex Guarantee. Buyer using other payment means for his/her purchase should contact the Seller directly.
18.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Splitex OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPEE DOES NOT WARRANT THAT THE SERVICES, this application OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT this application AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
18.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF the application AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18.3 SHOPEE HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE SHOPEE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
19. EXCLUSIONS AND LIMITATIONS OF LIABILITY
19.1 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SHOPEE’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF SHOPEE THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
20. LINKS TO THIRD PARTY SITES
Third party links provided throughout the application will let you leave this application. These links are provided as a courtesy only, and the applications they link to are not under the control of Splitex in any manner whatsoever and you therefore access them at your own risk. Splitex is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Splitex is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Splitex. of any linked site and/or any of its content therein.
21. YOUR CONTRIBUTIONS TO THE SERVICES
21.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Splitex You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Splitex and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
22. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
22.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Splitex is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Splitex responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
22.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Splitexe. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Splitex has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Splitex shall not be liable in any manner due to your use of, or inability to use, any website, application, or widget. You further acknowledge and agree Splitex may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
23. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
24. Fraudulent or suspicious activity
If Splitex, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Splitex, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Splitex Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to Splitex;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Splitexor a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
You agree to indemnify, defend and hold harmless Splitex and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the application, or any dispute in relation to such transaction (except where Splitex or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Splitex Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Splitex, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, or (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
27. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Philippines without regard to its conflict of law rules. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Splitex or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Pilippies in accordance with the Arbitration Rules of Philippines for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be tagalog or in English.
28. GENERAL PROVISIONS
28.1 Splitex reserves all rights not expressly granted herein.
28.2 Splitex may modify these Terms of Service at any time by posting the revised Terms of Service on this application. Your continued use of this application after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
28.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
28.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Splitex, nor does it authorise you to incur any costs or liabilities on Splitex’s behalf.
28.5 The failure of Splitex at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
28.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for splitex affiliates and subsidiaries (and each of soplitexs and its affiliates' and subsidiaries' respective successors and assigns).
28.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the application and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
LEGAL NOTICES: Please send all legal notices to firstname.lastname@example.org and Attention it to the “General Counsel”.
ACKNOWLEDGMENT AND CONSENT
I acknowledge that I have read all terms and conditions explained above. I give my consent to the collection, use, and disclosure of my personal data for the purposes given. Furthermore, I would like to receive emails and notifications for changes and updates in SplitEx’s services, products, and processing. I agree to all the provisions contained above and any revision the same hereafter. By clicking the “SIGN UP” or “CONNECT WITH FACEBOOK” button during registration, I understand that I am creating a digital signature, which I intend to have the same force and effect as if I had signed my name manually.