PSEConnect WEBSITE

Welcome to PSEConnect! This page (together with the documents referred to on it) provides for the terms of use of the PSEConnect website developed, owned, and made available for use by Premier Software Enterprise, Inc. (“Premier”, "we", "us", or "our”, whether as a guest or a registered user.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity concerning your access to and use of the PSEConnect website as well as any other media form, mobile website or mobile application, related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the PSEConnect Website, you have read, understood, and agree to these Terms of Use and that by continuing to access or use the PSEConnect Site, you shall be deemed to have read, understood, and agreed to the Terms of Use.

We may modify these Terms of Use from time to time to reflect changes in the business, technology and relevant laws and regulatory requirements. You agree to be bound by the changes to these Terms of Use when you use our PSEConnect website after any such modification is posted therein. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

The information provided on this PSEConnect website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction.

Accessing PSEConnect Website

You may be required to register with the PSEConnect website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You are responsible for making all arrangements necessary for you to have access to the PSEConnect website. We will not be liable if for any reason our PSEConnect website is unavailable at any time or for any period.

User Representations

By using the PSEConnect website, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity and you agree to comply with these Terms of Use;

(4) you will not use the PSEConnect website for any illegal or unauthorized purpose; and

(5) your use of the PSEConnect website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the PSEConnect website (or any portion thereof).

Intellectual Property Rights

Unless otherwise indicated, the PSEConnect website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text photographs, and graphics on the PSEConnect website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein the (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

The Content and Marks are provided on the PSEConnect website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, , no part of the PSEConnect website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Contents of PSEConnect Website

Premier, on a best efforts basis, endeavors to ensure that the Contents of the PSEConnect website are accurate, except for Contents which may not have been prepared by the Premier but is made available without any responsibility on the part of the Premier, or even prepared by the Premier but provided on an as-is or as available basis.

No action should be taken or omitted to be taken in reliance upon the Contents on PSEConnect website. Premier does not accept any liability for the results of any action taken on the basis of the Contents of PSEConnect website.

Using the Contents

Except as otherwise indicated with respect to a particular portion, file, or document provided on the PSEConnect website, you may only download, view, or print individual pages of the Contents for your own personal, non-commercial use. You shall NOT COPY, STORE, EITHER IN HARD COPY OR IN ELECTRONIC RETRIEVAL SYSTEM, TRANSMIT, TRANSFER, PERFORM, BROADCAST, PUBLISH, REPRODUCE, CREATE A DERIVATIVE WORK FROM, DISPLAY, DISTRIBUTE, SELL, LICENSE, RENT, LEASE OR OTHERWISE TRANSFER any of the Contents or PSEConnect website to any third person, including others in your company or organization, whether for commercial or monetary gain or otherwise, without prior written consent of Premier or of the third party provider of the Contents. Any request for such permission should be sent to: pseconnect@psei.ph.

The permission to use the Contents or PSEConnect website to the extent allowable in the preceding paragraph does not include the permission to adapt or modify said Contents or PSEConnect, decompile, reverse-engineer or disassemble the Contents or PSEConnect website, or any part thereof, without obtaining the Premier’s prior written consent.

Any rights relating to the Contents and PSEConnect website not expressly granted under these Terms of Use are reserved and no license or right is granted to you, your heirs, or assigns, or to any PSEConnect website user by implication, estoppel, or otherwise.

Third Party Websites and Contents

The PSEConnect website may contain (or you may be sent via the PSEConnect website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the PSEConnect website or any Third-Party Content posted on, available through, or installed from the PSEConnect website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the PSEConnect website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the PSEConnect website or relating to any applications you use or install from the PSEConnect Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Our Liability

The Content of our PSEConnect website is provided without any guarentees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, we and the third parties connected to us, hereby expressly exclude:

(1) all conditions, warranties and other terms which might otherwise be implied by statute, law or otherwise;

(2) any liability whatsoever incurred by any user in connection with the PSEConnect website or in connection with the use, inability to use, or results of the use of our PSEConnect website, any website linked to it and any materials posted on it, without limitation any liability for:

(a) direct, indirect or consequential loss or damage;

(b) loss of income or revenue;

(d) loss of profits or contracts;

(e) loss of anticipated savings;

(f) loss of data;

(g) loss of goodwill; and

(h) for any other loss or damage of any kind, however arising and whether caused by infringement of general alws, breach of contract or otherwise, even if foreseeable.

Further, we do not guarantee, represent, or warrant that access or use of the PSEConnect will be uninterrupted or that PSEConnect will be compatible with the systems of PSEConnect website users, or that every defect will be corrected. We and the third-party providers do not assume any responsibility for consequences of any errors, delays, omissions, system failures, interruption, breach of security, hacking, technical glitch, corruption, unavailability of access to PSEConnect website and its Contents, notwithstanding any prior advice of such possibilities.

We and, the third party service providers likewise do not guarantee, represent, or warrant that PSEConnect website is free of malicious software, including, but not limited to, viruses, computer worms, spyware, or other harmful components (“Malicious Software“). We and the third party providers do not accept any liability for any loss, damage, claim liability, expense, or costs that may result from any transmission of such Malicious Software through PSEConnect website including, but not limited to, files downloaded from PSEConnect website.

PSEConnect Website Management

We reserve the right, but not the obligation, to:

(1) monitor the PSEConnect website for violations of these Terms of Use;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the PSEConnect website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

(5) otherwise manage the PSEConnect website in a manner designed to protect our rights and property and to facilitate the proper functioning of the PSEConnect website.

Indemnity

You hereby agree to indemnify and hold Premier and its stockholders, directors, officers, employees, agents, and representatives free and harmless from or against any and all claims, damages, losses, damages, claims, liabilities, expenses or costs suffered or incurred or to be suffered or incurred by you, arising or resulting, or alleged to have arisen or resulted, directly or indirectly, from or in relation to your use and/or access of the PSEConnect website, and/or your breach of any of the terms and conditions contained in this Terms of Use.

In the event a suit or claim is brought against Premier and/or any of its stockholders, directors, officers, employees, agents, and representatives for such damages or losses, you or your heirs or assigns shall cooperate fully with and assist Premier and its stockholders, directors, officers, employees, agents, and representatives in defending against the suit or claim, and advance or, at the option of Premier, reimburse Premier for any and all legal costs, including attorney’s fees, associated with or arising from such defense of the suit or claim.

Investment

The provision by the Premier Software Enterprise, Inc. (PSEI) of PSEConnect website and mobile application and its Contents should not be construed as a recommendation or endorsement from PSEI, the third party providers, and any of their officers, directors, stockholders, employees, agents or licensors to buy or invest in or regarding any securities issued by any of the companies identified on PSEconnect website and mobile application, or as a professional, financial or investment advice from the PSEI, the third party providers, and any of their officers, directors, stockholders, employees, agents or licensors, and must not be used as a basis for undertaking any investment decision or otherwise. THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT IS HIGHLY RECOMMENDED.

The Contents and PSEConnect are not intended for distribution to or for use by or to be acted on by any person or entity located in any jurisdiction where such distribution, use or action would be contrary to applicable laws or regulations or would subject the PSEIto any registration or licensing requirement.

The Contents and PSEConnect do not constitute as an invitation to invest in the shares of PSEI, or do not constitute or form part of any offer by the PSEI for the sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever.

Governing Laws and Venue

User access to and use of PSEConnect is subject to all applicable international and Philippine laws and regulations. The Philippine courts shall have exclusive jurisdiction over any dispute arising out of your access and use of PSEConnect.

Changes to Terms and Conditions of Use

The PSEI reserves the right to revise these terms and conditions at any time and without prior notice and PSEConnect users are deemed to be aware of and shall be bound by any changes to these terms and conditions upon publication in PSEConnect. You are responsible for ensuring that you have read the most current version of these terms and conditions. Your continued access and/or use of the PSEConnect website and mobile application will be deemed to constitute your conclusive acceptance of the updated or revised terms and conditions. The Contents and PSEConnect are subject to change including, without limitation, modification, deletion, system upgrades, or replacement thereof without notice.

Violations of Terms and Conditions of Use

You, your heirs or assigns shall not use the PSEConnect or your PSEConnect* account for any illegal, immoral, unethical, or unauthorized use or purpose. Unauthorized and illegal use of PSEConnect or your PSEConnect account may give rise to a claim for damages and/or be a criminal offense.

The PSEI reserves the right, in our absolute discretion, to monitor, check, or review any and all access and use of PSEConnect website and mobile application and any PSEConnect account. The PSEI reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet protocol address to PSEConnect website and the right to restrict or deny access to PSEConnect at any time, for any reason, and without any notice.

Termination

The PSEI shall terminate any PSEConnect account website and mobile application or access to the PSEConnect website and mobile application in case of abuses or violations of these Terms of Use or at our sole discretion.

Separability

In the event that any of these terms and conditions is declared by any competent authority to be invalid, unlawful, or unenforceable in any respect, the portion not so adversely affected shall continue to be valid and enforceable to the fullest extent permitted by law.