Terms and Conditions
1. INTRODUCTION
a. These terms and conditions shall govern your use of our application in www.orapplication.com.
b. This Terms of Service Agreement is made and entered into by and between you and Infoz IT Works. The terms “us” or “we” refers to the owner of the application, Infoz IT Works. “You” refers to the user of our application. “Application” refers to www.orapplication.com.
c. By using our application, you accept these terms and conditions fully; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our application.
d. If you register with our application and/or use any of our application services, we will ask you to expressly agree to these terms and conditions.
e. You must be at least (18) years of age to use our application; by using our application or agreeing to these terms and conditions, you warrant and represent to us that you are at least (18) years of age.
f. This agreement is for all those who use or access the Services in this application.
g. The application provides the Free Edition (Free) types of service which mean Free of Charge.
h. Our application uses cookies; by using our application or agreeing to these terms and conditions, you agree to our use of cookies in accordance with the terms of our Protection Policy.
i. The application provides services for the purpose of sending endorsement online, easy retrieval of reports by viewing and/or downloading, report traceability from start to finish and 24/7 guaranteed uptime.
a. Copyright notice
i. Copyright (c) 2016 Online Reporting Application™.
ii. Subject to the express provisions of these terms and conditions:
1. We, together with our licensors, own and control all the copyright and other intellectual property rights in our application and the material on our application; and
2. All the copyright and other intellectual property rights in our application and the material on our application are reserved.
b. Usage
i. You must not:
1. Use our application in any way or take is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2. Use our application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3. Use our application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4. Conduct any systematic or automated data collection activities (including without limitation scrapping, data mining, data extraction and data harvesting) on or in relation to our application without our express written consent. - Access or otherwise interact with our application using any robot, spider or other automated means. - Violate the directives set out in the robots.txt file for our application.
ii. You must not use data collected from our application to contact individuals, companies or other persons or entities.
iii. You must ensure that all the information you supply to us through our application, or in relation to our application, is [true, accurate, current, complete and non-misleading].
iv. The Application has the right to delete, ban, or suspend users proven to be providing fictitious information which includes but not limited to the following:
1. Name/s
2. Company
3. Email
4. Address
5. Contact Numbers
v. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our application.
vi. Unless you own or control the relevant rights in the material, you must not:
1. Republish material from our application (including republication on another application);
2. Sell, rent or sub-license material from our application;
3. Show any material from our application in public;
4. Exploit material from our application for a commercial purpose; or
5. Redistribute material from our application.
vii. Notwithstanding Section vi., you may not redistribute [our newsletter] in [print and electronic form] to [any person].
viii. We reserve the right to restrict access to areas of our application, or indeed our whole application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our application.
ix. All information collected is assumed true and correct. User shall be held liable for any fictitious or discrepancy of information.
c. Log-in
i. If you register for an account with our application, we will provide you with an initial user ID and password.
ii. Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
iii. You must keep your password confidential.
iv. You must notify us in writing immediately if you become aware of any disclosure of your password.
v. You are responsible for any activity on our application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
d. Registration
i. You may request for an account in our application through the assigned Account Manager/POC via email request.
ii. You must not allow any other person to use your account to access the application.
iii. If you become aware of any unauthorized use of your account, please change immediately.
iv. You must not use any other person's account to access the application [unless you have that person's express permission to do so] which is verifiable.
e. Account Cancelation and Suspension
Suspension or Cancellation of Account
i. The system may automatically suspend inactive accounts after detecting thirty (30) days of inactivity, without prior notice or explanation.
ii. You may suspend your account by sending an email at your Account Manager/POC requesting for suspension of your account.
f. Content
i. In these terms and conditions, “content" means all information that you submit to us or our application for storage and/or processing on, processing by, or transmission via, our application].
ii. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
iii. You may edit your content to the extent permitted using the editing functionality made available on our application.
iv. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.
g. Content Rules
i. You warrant and represent that your content will comply with these terms and conditions.
ii. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
iii. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
1. Be libelous or malicious, fraudulent information;
2. Be obscene or indecent;
3. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. Infringe any right of confidence, right of privacy or right under data protection legislation;
5. Constitute negligent advice or contain any negligent statement;
6. Constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
7. Be in contempt of any court, or in breach of any court order;
8. Be in breach of racial or religious hatred or discrimination legislation;
9. Be blasphemous;
10. Be in breach of official secrets legislation;
11. Be in breach of any contractual obligation owed to any person;
12. Depict violence (in an explicit, graphic or gratuitous manner);
13. Be pornographic (lewd, suggestive or sexually explicit);
14. Be untrue, false, inaccurate or misleading;
15. Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
16. Constitute spam or phishing;
17. Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
18. Cause annoyance, inconvenience or needless anxiety to any person.
3. WARRANTIES, BREACHES, LIMITATIONS
a. Warranties
i. We do not warrant or represent:
a. The completeness or accuracy of the information published in our application;
b. That the material in the application is up to date; or
c. That the application or any service on the application will remain available.
ii. We reserve the right to discontinue or alter any or all of our application services, and to stop publishing our application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any application services, or if we stop publishing the application.
iii. We may revise these terms and conditions from time to time as the need arises.
iv. Any new features or tools which are added to the current application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the application following the posting of any changes constitutes acceptance of those changes.
b. Limitations
i. Nothing in these terms and conditions will:
a. Limit or exclude any liability for death or personal injury resulting from negligence;
b. Limit or exclude any liability for fraud or fraudulent misrepresentation;
c. Limit any liabilities in any way that is not permitted under applicable law; or
d. Exclude any liabilities that may not be excluded under applicable law.
ii. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
a. Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
iii. To the extent that our application and the information and services on our application are provided free of charge (Free Edition), we will not be liable for any loss or damage of any nature.
iv. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
v. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
vi. We will not be liable to you in respect of any loss or corruption of any data, database or software.
vii. We will not be liable to you in respect of any special, indirect or consequential loss or damage
viii. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees)
c. Breach
i. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a. Send you one or more formal warnings;
b. Temporarily suspend your access to our application;
c. Permanently prohibit you from accessing our application;
d. Block computers using your IP address from accessing our application;
e. Contact any or all of your internet service providers and request that they block your access to our application;
f. Commence legal action against you, whether for breach of contract or otherwise; Venue of any litigation arising from user breach shall be in the City of Cebu; and/or
g. Suspend or delete your account in our application.
ii. Where we suspend or prohibit or block your access to our application or a part of our application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation [creating and/or using a different account])
d. Severalty
i. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
ii. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
e. Third Party Rights
i. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
ii. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
f. Agreement
i. These terms and conditions [together with [Protection Policy], shall constitute the entire agreement between you and us in relation to your use of our application and shall supersede all previous agreements between you and us in relation to your use of our application.
g. Jurisdiction
i. These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction of The Republic of the Philippines.
ii. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of The Republic of the Philippines.
Disclaimer: All responsibility or liability for any damages caused by viruses contained within the electronic file connotation a form or document is disclaimed. We declare as we ensure that the application is confined to its main purpose & use and is virus free and won’t harm in anyway user devices or servers.
Infoz IT Works may, at any given point in time and, and without prior notice, update the ORA™: Online Reporting Application Terms of Service and Protection Policy.