1. GENERAL PROVISIONS
1.1. By signing up or otherwise using iFAE, or accessing any content or material made available by iFAE, you hereby indicate your acceptance of these Terms and Conditions (“Terms”).
1.2. When you access and use on behalf of another person (e.g. Company or Authorized Representative), you confirm that you are authorized to, and do in fact, agree to these Terms on that person’s behalf and that person is bound by these Terms.
1.3. By using iFAE, you consent to the processing described therein and warrant that all data provided by you is accurate.
1.4. You shall not misuse iFAE. You shall not commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”, or attempt to affect the performance or functionality of any computer facilities of or accessed through iFAE. Any breach of this provision would constitute a criminal offense and FOPM shall report such breach to the relevant law enforcement authorities.
1.5. Images of people or places displayed on the Website are either the property of, or used with permission by FOPM. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
1.6. Everything you see or read on iFAE is copyrighted unless otherwise noted, and may not be used except as provided in these Terms without the written permission of FOPM. FOPM does not warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with FOPM.
1.7. FOPM has not reviewed the sites linked to the Website and is not responsible for the content or practices of third-party sites or any other sites linked to iFAE. Your linking to any other off-site pages or other sites is at your own risk and FOPM’s Privacy Policy will no longer apply. We recommend that you examine the privacy statements for all third-party websites to understand their procedures for collecting, using, and disclosing your information and should refer to each website's respective privacy policies and practices.
1.8. You shall not offer for sale or sell or distribute over any medium, any part of iFAE or its content.
1.9. You shall not make any part of iFAE 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 FOPM.
1.10. FOPM makes no representation that the materials in iFAE are appropriate or available for use in other locations and other countries. Those who choose to access iFAE from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
1.11. If applicable, software from the Website is further subject to FOPM’s control. No software, tutorial videos, ads, or any materials made available from the Website shall be downloaded unless expressly permitted in writing by FOPM.
1.12. FOPM may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
1.13. FOPM further hereby reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of the Website and to restrict or prohibit access to it without notice or liability.
1.14. These Terms were updated November 12, 2019.
2. DEFINITIONS AND INTERPRETATION
In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings. Less frequently used terms are defined within the body of these Terms:
2.1. "You", "Your(s)" “User” shall refer to the person who is using and was given access to use iFAE;
2.2. “Owner” shall refer to the person who owns the unit;
2.3. “Tenant” shall refer to the authorized person who leases and currently is residing in the unit;
2.4. “Representative” shall refer to Guest Authorized Representative (applicable for residential only)
2.5. "CAI/BAI" shall refer to Condominium Association/Building Admin Inc
2.6. "Terms" shall refer to these terms and conditions;
2.7. “Us” and/or “FOPM” shall refer to First Oceanic Property Management Inc., a Property Management Company hired by your CAI/BAI.
2.8. “PMO” shall refer to Property Management Office.
2.9. "iFAE" or Integrated FOPM’s Automated Experience shall refer to this Automated platform where you can interact, make a reservation, book a venue and pay bills. This includes www.ifae.com.ph, www.paybills.ifae.com.ph, www.ifae.fopm.com.ph, www.kiosk.ifae.com.ph
2.10. “Services” shall refer to the services being offered by iFAE.
2.11. “DPA” shall refer to Data Privacy Agreement.
2.12. “Material” shall refer to BAI/CAI and/or Partner’s information, Promotion, Announcements, events, memos et al or all other information indicated in the Community tab bar.
2.13. “Website” shall refer to FOPM’s website www.fopm.com.ph
3. General use of Services and/or access of iFAE
3.1. Guidelines to the use of iFAE: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use and/or access to iFAE, as well as any amendments to the aforementioned, issued by us, from time to time. FOPM reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the iFAE.
3.2. Restrictions: Use of iFAE is limited to authorized Users who are of legal age, Properties who are Managed by FOPM, Unit Owners, and/or authorized users and/or Tenants, and who have the legal capacity to enter into and form contracts under any applicable law.
3.3. Users who have breached or are in breach of the terms contained herein and Users who have been permanently or temporarily suspended from use of iFAE may not use iFAE even if they satisfy the requirements of the preceding Clause.
3.4. User Profile, Building Profile, Announcements, memos and/or any other Partner description: While we endeavor to provide an accurate description of all items indicated in iFAE, we do not warrant that such description is free from error.
3.5. Restricted activities
In addition to Clause 1.4, you agree and undertake NOT to:
3.5.1. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
3.5.2. use iFAE for illegal purposes;
3.5.3. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to FOPM’s website and/or iFAE;
3.5.4. post, promote or transmit through iFAE any Prohibited Materials;
3.5.5. interfere with another’s utilization and enjoyment of iFAE;
3.5.6. use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt FOPM website and/or iFAE’s data or damage or interfere with the operation of another User’s computer or mobile device or the FOPM website and/or iFAE; and
3.5.7. use the iFAE other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
3.6 Availability of iFAE
We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the iFAE and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the iFAE.
3.7 FOPM reserves the right to:
3.7.1 Monitor, screen or otherwise control any activity, content or material on BAI/CAI and/or our Partner’s Announcements, memos, events, Ads, etc.
3.7.2 Prevent or restrict access of any authorized User to iFAE.
3.7.3 Report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
3.7.4 Request any information and data from you in connection with your use and/or access to iFAE.
3.8 Privacy Policy
Your use and/or access to iFAE and data you placed in it is also subject to the Privacy Policy as set out here.
3.9 Terms & Conditions of:
3.9.1 Visitor Management would be subject to the Terms & Conditions of Visitor Management.
3.9.2 Pencil Booking and Reservation would be subject to the Terms & Conditions of Pencil Booking and Reservation.
3.9.3 Pick-up and Delivery would be subject to the Terms & Conditions of Pick-up and Delivery.
3.9.4 Bills-Payment would be subject to the Terms & Conditions Bills-Payment.
3.9.5 Membership and Account Registration would be subject to the Terms & Conditions of Membership and Account Registration.
3.9.6 iFAE EC would be subject to the Terms & Conditions of iFAE EC.
3.10 Additional Terms
The use of specific aspects of iFAE, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
4. User accounts
4.1 Username/Password: Certain Services that may be made available on iFAE may require creation of an account with us or for you to provide Personal Data.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
4.2.1 Access to iFAE and/or use of the Services by you.
4.2.2 Information, data or communications posted, transmitted and validly issued by you.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to FOPM’s Website, iFAE and the Materials are owned, licensed to or controlled by us, our licensors or our service providers.
5.2 Restricted use: No part or parts of iFAE, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner without our prior written permission.
6. Limitation of Liability
6.1. FOPM shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
6.1.1 Any access, use and/or inability to use iFAE or its Services;
6.1.2 Reliance on any data or information made available through iFAE. You should not act on such data or information without first independently verifying its contents;
6.1.3 Any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros;
6.1.4 Any use of or access to any other website or webpage linked to iFAE, even if we, our officers, agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same;
6.1.5 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of iFAEs’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
6.2 Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of iFAE is entirely at your own risk and we shall not be liable therefor.
6.3 FOPM shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of iFAE or to your downloading of any material posted in it, or on any website or application linked to it.
6.4 You agree to indemnify, defend and hold FOPM 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, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Privacy Policy.
6.5 FOPM limitation of responsibility and liability for BAI/CAI and/or Partner’s Materials
6.5.1 No representations or warranties: the Materials that are provided and posted in the Community Tab bar are on an “as is” and “as available” basis.
6.5.2 Without prejudice to the generality of the foregoing, we do not warrant:
6.5.2.1 The accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Materials;
6.5.2.2 That any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
6.5.2.3 That the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
6.5.2.4 That the transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
7. Hyperlinks, and alerts
7.1. Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7.2. Promotions: We may attach banners, java applets and/or such other materials to iFAE for the purposes of promoting our or our Third-Party Partners’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.
8. Your submissions and information
8.1. Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to iFAE and/or provide to us, including but not limited to, questions, reviews, improvements, comments, and suggestions (collectively, “Submissions”). You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
8.2. Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
8.3. FOPM may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.
8.4. Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy set out Here. and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
9. Suspension and/or Termination
9.1. Access to iFAE may be suspended and/or Terminated if the BAI/CAI did not follow FOPM’s Contract, these Terms and/or has NOT updated and settled FOPM’s Management Fee in full.
9.2. Suspension of Users: Access to iFAE or some of its Services may be suspended if the User is not updated with their payment of Dues.
9.3. Termination of BAI/CAI: Access to iFAE and all of its services and perks shall be terminated once FOPM disengages its contract with BAI/CAI.
9.4. Termination of Users: Access to iFAE shall be terminated once User has ceased to be a registered Unit Owner and/or Tenant of any Property being managed by FOPM.
9.5. In FOPM’s sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of iFAE and/or disable your Username and Password. We may bar access to iFAE and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms and/or FOPM’s Management Contract or where if we believe that you have violated or acted inconsistently with any terms set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to iFAE.
10. Notices
10.1. Notices from us: All notices or other communications given to you if:
10.1.1. communicated through any print or electronic media or notifications on your page and/or application (if applicable) as we may select will be deemed to be notice to you on the date of publication or broadcast; or
10.1.2. sent by post or left at your last known address updated and stated in your profile in iFAE will be deemed to be received by you on the day following such posting or on the day when it was so left.
10.2. Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and it shall be deemed notice to us only upon actual receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3. Other modes: Notwithstanding Clauses 11.1 and 11.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11. General
11.1. Cumulative rights and remedies: Unless otherwise provided under these Terms, the provisions of these Terms and our rights and remedies under these Terms are cumulative without prejudice to and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
11.2. No waiver: Our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms.
11.3. Severability: If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
11.4. Rights of third parties: A person or entity who is not a party to these Terms shall have no right under any legislation in any jurisdiction to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms.
11.5. Governing law and Venue of Suit: Use of iFAE and these Terms shall be governed by and construed in accordance with Philippine law. Any action you, any third party or FOPM may bring to enforce these Terms or, in connection with, any matters related to the Website shall be brought in the proper courts of Taguig City.
11.6. Amendments: FOPM may at any time, without notice, revise, enhance, modify and or alter any provisions of these Terms and the Privacy Policy by updating this posting, iFAE or FOPM’s Website. Unless stated otherwise, any changes shall take effect immediately. You are responsible for ensuring that you are familiar with the latest Terms and Privacy Policy. By continuing to access and use iFAE, you agree to be bound by the changed Terms. If you do not accept the variation, you must stop access and/or terminate using iFAE. It is FOPM’s right to vary the use of iFAE and its Terms in the manner aforesaid which may be exercised without the consent of any person or entity who is not a party to its use.
11.7. Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction within 3 days from the validation of the error.
11.8. Currency: Money references under these Terms shall be in Philippines Peso.
11.9. Language: In the event that these Terms is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms shall govern and shall take precedence over the Foreign Language Version.
11.10. Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with iFAE shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.11. Sub-contracting and delegation: FOPM reserves the right to delegate or sub-contract the performance of any of our functions in connection with iFAE and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
11.12. Assignment: You may not assign your rights under these Terms.
11.13. Entire agreement: These Terms shall constitute the entire agreement relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
