Terms & Conditions

These terms for using Pinoyaya’s services, Pinoyaya may cover one or several legal entities as indicated in the footer of the website (“Pinoyaya” or “We”), describes the practices for working with us, via Pinoyaya’s websites or social media pages (collectively, the “Sites”), directly and via affiliates.

1. DEFINITIONS AND INTERPRETATION

These terms and conditions shall represent a legally binding contract between the client or employer (the "Client") and the Pinoyaya Social Welfare Services (the “Agency"). The verbal/written instruction by the Client to the Agency to submit suitable Candidates for contact or interview or arrangement of interviews shall constitute acceptance of these terms and conditions by the client. 

In these Terms and Conditions of Business and elsewhere in the Agency's literature the following bold typed words commence with capital letters they have the following meanings unless the context otherwise requires:

  1. “Agency" shall be Pinoyaya Social Welfare Services, with the following registered office: AYALA CENTRAL BLOC, BUSINESS TOWER 1, I.T. PARK, CEBU CITY, PHILIPPINES 6000, Pinoyaya Social Welfare Services act as a matching service that matches and introduces suitable Candidates to work for the Client. 

  2. "Client" shall be any person, parent, family member, or a third party appointed by such person named on the Client Registration Form for whom the Agency has agreed to provide the Services by these Conditions.

  3. "Candidate" means a person introduced by the Agency to the Client as requested for a nanny, cook, personal assistant, housekeeper, house manager, babysitter, or any other household staff on a temporary or a permanent basis, whether full or part-time.

  4. "Placement fee’’ means the full fee for placing a Candidate with a Client after the initial registration is done, which is equivalent to one candidate’s agreed salary.

  5. “Retainer Fee” means payment for subscribing to one of the available packages as presented on the website such as PARTNER+, PARTNER90, and PARTNER365.

  6. “Agency fee” means a Placement fee plus the Registration Fee.

  7. “Business Day” means any day excluding Saturday, Sunday, and any other day which in the Republic of the Philippines is a legal holiday or a day on which financial institutions are authorized by law or by local proclamation to close.

2. INTERVIEWING

The Client needs to provide a minimum of two documents to the agency, a copy of their passport as proof of identification and a proof of address such as a household bill to confirm their address before we arrange an interview with our candidates. No interviews are to take place before the client provides these documents to the agency. Interviews can be done in person or over the phone. Clients agree to inform the agency in writing of any interviews taking place and to reimburse reasonable traveling expenses for those Candidates.

3. CLIENT’S RIGHTS & OBLIGATIONS

  1. The Client agrees to notify the Agency, either verbally or in writing, as soon as an offer of employment has been made and accepted by the Candidate and to supply the Agency with details of the date of commencement, length of the engagement, and agreed net monthly wages and to pay the relevant Placement fee to the agency by our terms and conditions as a result of such engagement.

  2. The Client will be held responsible for bypassing the agency in cases where the Client failed to inform the agency about the start of employment within 3 days from the day of the offer of employment being made. They will be held responsible for paying full Placement fees including a 50% penalty surcharge.

  3.  The Client is responsible for the employment of the Candidate by all applicable employment legislation based on the employment law in the country of employment. The client undertakes to become the sole employer of the Candidate.

  4. The Client undertakes to provide a contract of employment upon engagement and is responsible for the candidate's Tax and Government contributions, and satisfying any medical requirements or qualifications as required by law. A copy of the signed contract needs to be emailed to the Agency within 3 days from the date of commencement.

  5. The Client (or an appointed person) needs to provide a copy of their passport as proof of identification and proof of address such as their household bill to confirm their address before the Agency arranges any interviews with the candidates and/or before the Candidate's start of employment.

  6. The Client is solely responsible for the suitability of the Candidate and it is purely his/her decision to employ or to interview the Candidate.  The Agency cannot be held responsible for any mistakes in the candidate's portfolio as those are provided directly by the Candidate. The client agrees to satisfy himself as to the suitability of the Candidate by interviewing, taking up any references, and copies of documents provided by the Candidate to the Agency, and making appropriate checks of childcare qualifications or driving certifications before commencing employment or the interview. The client needs to request those in writing and the agency will release them after obtaining the Candidate's permission to do so.

  7. The Client agrees to notify the Agency if the nature of employment of the Candidate changes in any way during the first six months from commencement and agrees to pay an additional fee (Placement fee for such service minus placement fees already paid) should there be an increase in working hours or days of work originally required when the Candidate started the employment.

  8. If the position of employment is temporary and the Candidate subsequently rejoins the Client at any time in the future after the agreed period for further employment, the Client undertakes to inform the Agency and pay the relevant placement fee again. Should the original length of temporary employment be extended; the Client must notify the Agency and is required to pay an additional Fee.

  9. Clients agree not to disclose any introductions of Candidates to third parties. The personal and contact details of Candidates shall be kept strictly confidential by Clients. Any breach of this undertaking resulting in the employment of a Candidate by a third party renders the Client liable for full payment of the Agency's placement fee.

  10. The Client is responsible for paying the Candidate's agreed salary.

 

 

4. AGENCY’S RIGHTS & OBLIGATIONS

  1. The Agency conducts its business as a matching service that matches and introduces suitable Candidates to work for the client to effect introductions between persons desiring to enter into contracts for services.

  2.  The Agency endeavors to establish the suitability of any Candidate for introduction to the Client by taking up a minimum of two references from each Candidate. However, all responsibility for ascertaining the suitability of a Candidate for the engagement remains with the Client.

  3.  The Agency holds no responsibility for the Client and Candidate’s employment contract, portfolio, and any matters associated with it are to be arranged between Client and Candidate.  The Agency offers a contract of employment only as a sample guide for the Client and Candidate to use.

  4.  The Agency cannot be under any circumstances held responsible and excludes liability for any loss, damage, delay, inconvenience, problems, costs incurred due to damage to property or theft of property, death, injuries, or accidents incurred or suffered by the Client, the Clients family, servants, or the Client's assets caused directly or indirectly during employment or introduction of the Candidate allegedly arising from the acts or character of the Candidate introduced by the Agency, or, to the extent permitted by law, in respect of services provided by the Agency, even if such act or omission is negligent or fraudulent or reveals any dishonesty. Any losses shall be limited to the Placement Fees paid to the Agency in respect of a placement.

  5.  The Agency does not offer any warranty for the Candidate's suitability, personality, character, honesty, and reliability.

  6.  The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and they will be always employed by the Client unless the Candidate is self-employed (this only applies to child-minders or maternity nurses, a standard nanny can not be self-employed). Candidates shall be under the supervision, direction, and control of the Client.

  7.  The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however, all changes will be posted on this website and/or when necessary, will send a new agreement to the Client and the Candidate. It's your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.

 

5. FEES

  1. The Placement fee payable will be dependent on the total agreed wage by the Candidate and the Client and shall be payable by the fee structure provided in the Invoice.

  2. A Retainer fee is offered to the Client as a subscription plan:

  3. Details about the subscriptions are published on Agency’s website.

  4. PARTNER+ is a monthly subscription and is paid monthly.

  5. PARTNER 90 is a quarterly subscription and is paid for 3 months of subscription.

  6. PARTNER 365 is an annual subscription and pays for 12 months of subscription.

  7. All introduction fees are inclusive of VAT.

  8. The Retainer and Placement fees are non-refundable. 

  9.  If a candidate introduced by the Agency is rejected (or rejects an offer of employment) by the Client, a full introduction fee will be payable if the candidate is subsequently employed by the Client at any time.

  10. The invoice issued by the Agency must be settled in full before the Candidate commences Engagement with the Client. In the case of Candidates for temporary positions, the Client agrees to settle any invoice before the commencement of the temporary placement.

  11. The Candidate will not commence employment before the full settlement of the invoice.

  12. All invoices not settled within the due mentioned on the invoice date will be passed to the Debt collector which will result in additional charges.

 

6. ADDITIONAL FEES

  1. If a client employs a member of staff who has been introduced by Pinoyaya but does not inform the Agency within 3 days, the fee payable will be subject to a 50% surcharge.

  2. Where a temporary position subsequently becomes a permanent position, the Client shall be required to pay the relevant full Agency Fee for the permanent position.

  3.  If a Candidate employed by the Client temporarily is re-employed by the Client within six calendar months of the termination of the original period of employment (whether such re-employment is on a temporary or permanent basis) then a further Agency Fee shall be payable by the Client to the Agency. Such fee shall be equal to the Agency Fee which would have been payable if the Agency had introduced the Candidate to the Client at the time of re-employment.

  4.  If a Client does not hire a Candidate following the initial Introduction by the Agency but subsequently approaches the Candidate (not through the Agency) directly within 2 years of initial introduction offering Engagement, then the Client shall be liable to pay the agency fee which would have been payable if the Agency had introduced the Candidate to the Client.

  5.  To attend interviews, the Client is responsible for a Candidate's reasonable traveling expenses which are properly incurred and evidenced by appropriate receipts. The Client shall settle this directly with the Candidates.

7. CANCELATION

  1. If a Client withdraws an offer of confirmed employment or cancels the confirmed booking before the Candidate's start date, 30% of the Candidate’s wage will be payable by the Client to the Candidate as a cancellation fee. Payment will become due within five working days from the date of invoice.

  2.  Should a Candidate cancel the confirmed and already paid booking, the agency will offer a replacement candidate free of charge. If the Client does not wish to accept the replacement candidate from the agency or does not wish to use the service of the agency for finding a suitable replacement, then 50% of paid agency fee will be refunded to the client.

 

8. TERMINATION OF EMPLOYMENT

All instances of termination of employment where a replacement is claimed must be notified in writing to the Agency within three days of the termination of employment. 

 

9. REPLACEMENTS

  1.  Should the Candidate leave the employment within 4 weeks from commencing such employment, the Agency will offer one replacement Candidate free of charge. The client is eligible for one free replacement Candidate only. The Agency shall be obliged to provide the Client with up to 5 candidate profiles for a free replacement. Such profiles will be selected based on the information originally provided in the Client's registration form and will be provided within 1 month of notification. 

  2. The Agency accepts no liability and is not obliged to offer a Replacement or any refund to the extent that the Client finds the profiles unacceptable and does not want to engage any of the potential Candidates. Neither the Client nor the Agency will be able to discriminate unlawfully when Candidates are being selected for either an initial placement or for a replacement. The Agency will not accept the refusal of a Candidate or a Replacement Candidate on anything other than legitimate grounds.

  3. The Client will only be eligible for one replacement Candidate under these Conditions and will no longer be eligible for a replacement Candidate after the first Candidate has been replaced.

  4. The Agency will offer replacements if the following conditions have been satisfied:

  5. The Client paid the full registration fee before the interview commencement.

  6. The Client has paid the placement fee in full within five days from the invoice date and before the Candidate's start of employment.

  7. The Client has notified the Agency of the termination of employment of a candidate in writing within 5 days of termination.

  8. The reason for firing a candidate is in line with the employment contract, such as serious misconduct, constant illness, etc.

  9. The Candidate has not canceled the engagement due to unreasonable requirements by the Client.

  10. The Client has not changed the employment conditions, such as working hours, location of employment, and duties as originally agreed by the Candidate and Client in the contract.

  11. The Candidate's working conditions and/or the way the Client treated the Candidate were satisfactory. Pinoyaya’s decision will be final in this respect.

  12. The Client was not physically or verbally aggressive towards the Candidate or Agency's representative.

  13. The client followed his/her legal obligations, such as government contributions, paying for the Candidate's taxes, and others (proof must be provided- Candidate’s last payslip).

  14. Please note that once the Client advises the agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any further replacements.

 

 

10. COPYRIGHTS

Any material found within the pages of our website including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast, or transmitted in any way. Permission for any other use must be obtained by contacting Pinoyaya Social Welfare Services.

 

11. BILLING AND PAYMENT

  1. The Fees described above (clause 5), will be paid by the Client to the Agency via Agency’s preferred payment methods.

  2.  The payment shall be settled no longer than five (5) business days from the payment day.

  3.  For the first payment, the Agency will bill the Client with an invoice to settle the first payment that includes the Registration Fee and Placement Fee.

  4.  The Client must send proof of payment to the Agency upon every provided payment by the Client to the Agency.

  5.  The Client will receive from the Agency an official receipt for each payment after it was made and confirmation of receipt.

  6.  Acceptable payment methods: Bank Transfer, Cash on Hand in the office, GCASH, Palawan, and/or any other accepted method of payment by the Agency.

  7.  The Client shall pay the Fees only to the Agency and not through the Candidates.

 

12. TERMINATION BY PINOYAYA SOCIAL WELFARE SERVICES

  1. The Agency may terminate the Retainer subscription at any time if the Client did not follow Agency’s payment terms and served a notice to pay.

  2.  An act of misconduct from the Client’s side towards the Agency and its hired Candidate.

  3.  The Agency will terminate the Retainer subscription if the Client avoids the Agency and misconducting in terms of not answering messages or emails or phone calls, not paying for the services, bad talk about the Agency, and using bad words against the Agency and the Candidates, not following instructions of the Agency, stealing personal data, not providing the requirements as in this agreement, violating the NDA agreement and any act that will be against the Agency.

  4.  In addition, the Agency reserves to itself the right to file a lawsuit against the Client for the damages and misconduct with court fees.

13. NON-DISCLOSURE AND NON-COMPETITION

  1. The Client has no right to disclose any confidential information gathered during the agreement period to third parties or/and to his benefit.

  2.  Should there be judicial proceedings that may arise due to circumvention or unauthorized disclosure as above-stated and other activities that may happen that made lost to the Agency by the Client, The Agency as circumvented party shall be likewise entitled to attorney’s fees and litigation costs.

14. RETAINER PARTNER PLANS

  1. NO REFUND policy for any PARTNER PLAN.

  2. The plan is meant to secure the client from the Candidate's leaving the employment. The Agency offers a replacement for the Candidate. The client is eligible for free replacement Candidates as part of the Plan.

  3. The Agency shall be obliged to provide the Client with up to 5 candidate profiles for a free replacement for each Replacement request. Such profiles will be selected based on the information originally provided in the Client's registration form and will be provided within 1 month of notification.

  4. For Partner 90 & 365, the Agency offers Training upon request. The Training will be free of charge for up to 4 hours a month by the professional and exceeded hours will be charged to the Client. In addition, other charges such as transportation and Over-Time and any additional charge excluding professional fees will be charged to the Client.​

15. MODIFICATION OF TERMS

Any modifications to the terms and conditions can be done by the agency at any time and it is the responsibility of the clients to check the terms and conditions. In addition, the agency will update the existing clients with the update.

16. . USE OF OUR SITE AND SERVICES

We may change the format and content of the Site from time to time without notifying you. You agree that your use of the Site is on an ‘as is’ and ‘as available basis and is at your sole risk.

Whilst we try to make sure that all information contained in the Site is correct, it is not, and it is not intended to be, any authority or advice on which any reliance should be placed.

17. GENERAL TERMS

  1. The Pinoyaya Platform, applications, content, and links are not intended as a substitute for the advice provided by physicians or health care providers. Neither you nor your health care provider may use the Pinoyaya Platform, Applications, Content, or Links to diagnose a health problem, condition, or disease, or as a means of determining treatment. Pinoyaya Platform Users are encouraged to share any Content with health care providers, but as a condition of using the Pinoyaya Platform, agree that the only health advice received will be from your health care provider, and not from or through Pinoyaya, or any of its principals, officers, directors, employees, contractors or agents.

  2. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR QUALIFIED HEALTH PROVIDER WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT. THE PINOYAYA PLATFORM, APPLICATIONS, CONTENT, AND LINKS ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE PINOYAYA PLATFORM, APPLICATION, CONTENT, AND LINKS CAN NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF SOMETHING ON THE PINOYAYA PLATFORM, ITS CONTENT, OR LINKS.

  3. Pinoyaya Platform, applications, content, and links do not provide emergency or other medical or health services or advice. In the event of an emergency, immediately contact your physician, go to the emergency room of the nearest hospital, or call for emergency help (e.g., dial 911 where 911 services are available).

  4. Pinoyaya, and its principals, employees, contractors, and agents, do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information or content that may be contained in or linked to the Pinoyaya Platform, applications, content, and links. Each linked source speaks for itself and not for or on behalf of Pinoyaya.

  5. Pinoyaya Platform, content, and links may contain information, including health or medical materials, that contain graphic depictions of human anatomy. The materials on the Pinoyaya Platform are intended for use by adults only. Neither Pinoyaya nor any of its principals, employees, contractors, or agents are responsible for any use of or exposure to the Pinoyaya Platform, applications, content, and links by children. You assume the sole risk of using the Pinoyaya Platform, applications, content and links, and any services or treatments offered by vendors or providers accessed through the Pinoyaya Platform, applications, content, and links.

  6. PINOYAYA PLATFORM, APPLICATIONS, CONTENT AND LINKS, AND ANY OTHER INFORMATION ACCESSIBLE THROUGH THEM ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

  7. WITHOUT LIMITING THE FOREGOING, PINOYAYA, ITS PRINCIPALS, EMPLOYEES, CONTRACTORS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: 

  • THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PINOYAYA PLATFORM, APPLICATIONS, CONTENT, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE PINOYAYA PLATFORM;

  • THE COMPLIANCE WITH ANY GOVERNMENT LAWS OR REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON THERAPIES, DEVICES, PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY INFORMATION OR TOOLS CONTAINED IN OR ACCESSIBLE THROUGH THE Pinoyaya PLATFORM, CONTENT, AND LINKS;

  • THE PRIVACY OR SECURITY OF ANY PERSON OR SITE WHICH MAY HAVE ACCESS TO PROTECTED HEALTH INFORMATION THROUGH THE PINOYAYA PLATFORM, CONTENT, AND LINKS; OR

  • THE QUALITY, RELIABILITY, COMPLETENESS, AND/OR TIMELINESS OF ANY SERVICE, MEDICAL OR OTHER TREATMENT, ACTION OR PROTOCOL, ANY MEDICINE OR MEDICAL DEVICE; ANY SUPPLEMENTS OR OTHER SUBSTANCES, WHETHER INGESTED OR OTHERWISE USED OR APPLIED; OR ANY TREATMENTS DISCUSSED OR REFERRED TO IN THE PINOYAYA PLATFORM, APPLICATIONS, CONTENT, AND LINKS, OR ANY OUTCOME FROM ANY OF THE FOREGOING

NO EVENT SHALL PINOYAYA, OR ITS PRINCIPALS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES) RESULTING FROM THE USE OF INFORMATION ON THE WEBSITE, ANY LINKED INFORMATION OR THE CONTENT THEREIN, OR ANY SERVICES PROVIDED BY VENDORS OR PROFESSIONALS LINKED ON THE WEBSITE OR THE OUTCOME OR RESULTS OF SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PINOYAYA OR ITS PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS MENTIONED ON THE SITES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. REFUND POLICY 

  1. Pinoyaya offers refunds for all purchases made, as long as Pinoyaya did not send any Candidate’s profiles to the Client.

  2. For the plans - The Client can request a 50% refund if received already candidates’ profiles and until the first 3 business days from the payment date.

  3.  For the plans - NO REFUND after 3 business days.

  4.  For the plans - NO REFUND for the Retainer fees.

  5. To assure the Client with receive the service paid for, the Agency will send profiles only relevant to the Client’s request, and up to 5 profiles total per Registration Fee.

  6. ​Any approved refund shall be processed within 30 days from the date of approval by Pinoyaya.

19. RELIANCE ON INFORMATION POSTED

  1. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

  2. The Site is not in any manner or any form or part intended to constitute or form the basis of any advice (professional or otherwise) or to be used in, or in relation to, any other decision. We do not accept any liability (regardless of how it might arise) for any claim or loss arising.

  3. We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including antivirus and other security checks) to satisfy your requirements as to the safety and reliability of the content.

20. INTELLECTUAL PROPERTY RIGHTS

The Site and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not: 

  1. Modify copies of any materials from this site.

  2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

21. LIMITATION OF LIABILITY AND INDEMNITY

  1. We shall have no liability to you for any damages, claims, proceedings, actions, awards, expenses, and costs about:

  2. any unauthorized or unlawful use of the content, information, and/or other material received by or submitted to you on the Site or in any Communication that is made available to you.

  3. any links to other third-party websites (“Linked Sites”) that the Site may contain. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site and the products and/or services offered on the Linked Sites nor any changes or updates to a Linked Site. If we provide these links to you then we do so only as a convenience. The inclusion of any link does not imply endorsement or approval by us of the Linked Site or any association with its operators.

  4. the accuracy of any advertising or sponsorship provided by third parties on the Site or in any Communication provided to you nor in respect of its compliance with any applicable laws.

  5. any consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or services interruptions); economic and/or other similar losses; and/or special damages and indirect losses;

  6. any error, omission, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction of communications about the Site.

  7. any delay in performance of the Site and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, and any other similar events.

  8. In any event, our total liability to you under and/or arising about these Terms shall not exceed the amount paid by you to us. You shall provide to us written evidence of any claims for which it is alleged that we are liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss (if any) before we consider your claim.

  9. Nothing in these Terms shall exclude or limit our liability for death or personal injury due to our negligence or any other liability which we are not permitted to exclude or limit as a matter of law.

  10. You shall indemnify us against any losses, damages, awards, costs (including legal costs), claims, and any other losses and/or liabilities suffered by us arising from your misuse of the Site or arising from or due to any breach of these Terms by you.

22. DISCLAIMER

  1. We do not warrant that the Site and Services, or that any element of the Site and Services, will meet your requirements, purpose, and,/or expectations, nor that any of the content on the Site and/or the communications is accurate or complete and we are under no obligation to verify any such content.

  2. The content, Site, communications, and services are provided “as is” and on an “as available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, accuracy, fitness for a particular purpose, non-infringement, compatibility, and security.

  3. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code.

  4. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL 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 THE SITE OR ANY SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF ANY OF THE SITES, THEIR CONTENT, AND ANY SERVICES ARE AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE RELATED TO OR ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY ONE OF OUR SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SUCH SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

23. COMPLAINTS AND DISPUTE

If you have any feedback, questions, or complaints, contact support service at:
support@Pinoyaya.com.

In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint, and any other information you believe to be relevant. The support team will consider your complaint without prejudice based on the information you have provided and any information provided by us. Your complaint will be considered within a reasonable time. The support team will offer to resolve your complaint in the way you requested; decide to reject your complaint and set out the reasons for the rejection; or offer to resolve your complaint with an alternative solution. You agree to use the complaints procedure of this Section before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.

24. GOVERNING LAWS

  1. All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be subject to confidential arbitration in Manila, Philippines Court of Arbitration, or any equivalent venue.

  2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in said arbitration although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any objections to the exercise of jurisdiction over you by such courts and venues in such courts unless the prevailing legislation allows otherwise (and then only to the extent allowed under such prevailing legislation).

25. ENTIRE AGREEMENT

These terms and any further agreements between us (in writing or digitally) shall be the sole and entire agreements between you and us concerning the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Site.

26. CHANGE OF TERMS

We reserve the right to vary the Terms at any time by posting any updated terms and conditions on the Site. Any amendments to the terms and conditions shall take effect from the date of publication on the Site.

You are responsible for regularly reviewing the terms and conditions that are published on the Site from time to time and shall be bound by these if you continue to use the Site. If you have any questions at any time about the Terms then please contact us at support@Pinoyaya.com.

27. LEGAL QUESTIONS AND CONTACT INFORMATION

If you need to contact us or have any questions about our Terms, you may contact us as follows:

E-mail: legal@Pinoyaya.com with attention to the Legal and Compliance Team

Last updated: July 01, 2022