Terms of Service

 

IMPORTANT – READ CAREFULLY:

By downloading, installing or using the App, you (the Individual or Legal Entity) agree to be bound by the terms of this Terms of Service (“TOS”) as it is a legal contract between you, as an individual, and ODSI Lending SureServ INC. and its affiliates ("SureServ"). 

This User Agreement is a financial service and an end-user license agreement between you (“user”, “you” or “your”) and ODSI Lending SureServ Inc, which provides the SureServ mobile application (“App”) in connection with your Credit Availment. Charges associated with the Credit Availment include the Transaction Fee as well as any other interest and underpayment charges.

By using the app and/or the credit availment signifies your agreement with these Terms of Service. If you do not agree completely with these Terms of Service, you may not proceed and must delete this app immediately.

 

  1. Definition of Terms.

“Account” means the ledger of transactions created by the SureServ member, containing certain personal information and reflecting details of Availments and attendant activities related thereto.

“Account Holder” means any person whose availment application has been pre-qualified or approved, and who avails of the Availment Amount. For purposes of this EULA and TOS, the use of “you” or “your” may also be a direct reference to Account Holder, as applicable. 

“Availment” refers to an advance to Account Holder by SureServ of the Availment Facility Amount, which is made available via this app. In this context, the term “Avail” shall be construed accordingly;

“Availment Amount” means the aggregate principal amount of the Availment, expressed in local currency (Philippine Peso), approved for and assigned to the Account Holder, which must not exceed the Availment Facility Amount or, where the context so requires, the amount thereof outstanding;

“Availment Documents” means collectively, these EULA and TOS, and all other agreements, instruments, documents, communication required or contemplated hereunder, including any amendment, supplement, renewal or extension thereto;

“Availment Facility Amount” means the amount of Account Holder’s approved Availment Amount under the Availment Facility;

“Availment Facility” means the Availment Product described in Annex A (Availment Product Description);

“Mobile Application” means the software and/or mobile application developed by SureServ, provided “as is” or “as available.” 

“Confidential Information” means proprietary information belonging to SureServ, whether written, visual, or oral, whether or not marked as confidential  including systems, technology, processes, project descriptions, specifications, drawings, business plans, sales & marketing information, prices, technical data, trade secrets, pending trademark and patent applications, computer software, training curriculum, current and prospective clients and customers, financial and accounting information, the source code for the licensed Beta App, products, system, and Documentation, technical specifications or information regarding the same, and any and all object codes, data, fonts and/or technology, financial terms or information communicated by SureServ to recipient to in connection with the App, and any and all , its attachments and supplementary agreements and documents, not generally known to the public.

“Default” means either the Account Holder’s failure to pay the full amount of the Availment Amount at Maturity Date or the occurrence of any Event of Default;

“Derivative Works” means any work, including but not limited to software programs, and copies thereof, that is based on or incorporates one or more preexisting works, functionalities of Licensor’s Products, App, and Documentation of SureServ, in whole or in part, such as but not limited to a revision, modification, translation (including compilation and recapitulation by computer) abridgment, condensation, expansion or any other form in which such a preexisting work may be recast, transformed or adapted, and that, if prepared without authorization by SureServ of the preexisting works, functionalities of Licensor’s Products, in whole or in part, would constitute copyright, trade secret, patent, trademark, and other intellectual property, proprietary, commercial, and moral rights infringement of  SureServ.

“Designated Mobile Number” means the registered mobile number associated with Account Holder, as the case may be through which he/she performs all his/her transactions in relation to the App;

“Event of Default” means any or all of the events enumerated in Section 8.5 below;

“Interest Rate” means the amount charged by SureServ to Account Holder, expressed as a percentage of any Availment Amount;

 “Licensor’s Products” mean individually and collectively, any of SureServ’s products, application, technology, service, specification, or other documentation, including but not limited to the App, updates, and its commercial release versions.

“Maturity Date” means the date on which the Loan becomes due and demandable, as indicated in Annex A;

“Minimum Payment Due” means the amount of Pesos: Three hundred (Php 300.00) or expressed as ten percent (10%) of the last statement balance, whichever is higher, as indicated in Annex “A” 

“MPIN” stands for Mobile Personal Identification Number and refers to Account Holder’s designated 4-digit number required for any Transaction or Availment using the App; 

“Payment Due Date” means the date by which payments for a given Statement of Account must be made.

“SMS” means Short Messaging System used in sending text messages via mobile phones to Account Holder Designated Mobile Number by way of push-notification(s) to advise and inform, Account Holder Client of upcoming Payment Due Date(s), SureServ product(s), and any other information related to the Account Holder Client’s Transaction(s) or Account.

“SureServ’s System” means the availment management system used by SureServ to provision and monitor Availments;

“Statement of Account” is a list of all Availment Amounts for a given cut-off period and any remaining unpaid balance from your previous Statement and related fees.

“Statement Balance” is the total amount due for a given Statement of Account.

“Transaction” means the corresponding services, vaccinations, or products availed of in connection with the App.

“Transaction Report(s)” means the summary of Transactions and Availments including details such as Availment Facility Amount, Interest Amount, Penalty Amount, Payment Due, Payment Due Date, among others.

“Trade Secrets” means any information including any formula, pattern, compilation, program, device, method, technique, or process that derives (i) independent economic value, whether actual or potential, from not being generally known to and not being readily ascertainable by other people who can derive economic value from its disclosure or use, and (ii) are subject to efforts reasonable under the circumstances to maintain its secrecy.

“Transaction” means the corresponding services, vaccinations, or products availed of in connection with the Beta App.

“Transaction Fee” means the amount charged by SureServ to Account Holder, expressed as a percentage of any Availment Amount;

“Transaction Report(s)” means the summary of Transactions and Availments including details such as Availment Facility Amount, Interest Amount, Penalty Amount, Payment Due, Payment Due Date, among others.

 

  1. Conditions of Use

    • Your use of the App is governed by this EULA and Terms of Service which you agreed you have read carefully before installing the App. If you do not agree, do not install, or if you’ve been using the App and no longer agree, uninstall immediately and delete the App from your personal mobile device or tablet.

    • SureServ may update or amend this EULA and Terms of Service at any time and will communicate such changes to you via the electronic mail or in-app notifications and you shall be required to click the I Accept button to be able to re-access your Account IF YOU DO NOT AGREE.

 

  1. Limited License. You are granted a limited, revocable, non-exclusive, non-assignable license, subject and only as authorized in the EULA and in this TOS. At SureServ sole discretion, it may provide updates to the App, which you must install to continue using the App. Any updates may be subject to additional terms made known to you at such time.

 

If SureServ reasonably suspects that your use of the App or your Account has been used for an unauthorized, illegal, or criminal purposes, you give us express authorization to share information about you, and your Account, and any of your transactions with law enforcement.

 

  1. Revisions, Disclosures, and Notices. SureServ may amend the EULA and this TOS, including any additional terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances and in accordance with applicable law or code of conduct, by posting the revised version on our website or communicating it to you through the App (each a “Revised Version”). The Revised Version will be effective as of the time it is posted. Your continued use of the App after the posting of a Revised Version constitutes your acceptance of such Revised Version.

 

You agree to SureServ’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Account to you electronically, by posting it on our website, pushing notifications through the App, or by emailing it to the email address listed in your Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website or published in the App, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact SureServ Support. If we are not able to support your request, you may need to terminate your Account.

 

  1. Compatible Devices or Gadgets. SureServ does not warrant that the App will be compatible with your mobile device or any gadget you use to download and install the App. Your use of the App may be subject to the terms of your agreements with your device or gadget manufacturer or carrier. You may not use a modified device to use the App if the modification is contrary to the manufacturer’s software and hardware guidelines, including disabling hardware and software controls (sometimes referred to as “jail-broken”).

 

  1. Your Content. The App may include functionality for uploading or providing photos, documents, promotions, advertisements and other materials or information (“Content”).  You grant us, our subsidiaries, affiliates, successors, transferees, and assignees, worldwide, non-exclusive, royalty free, fully paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, and prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the App. You retain all rights to your Content, subject to the rights you granted herein. You may modify or remove your Content but the same may persist in historical, archived, cached, and versions thereof available or throughout the App.

 

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with SureServ’s or its partners’ products and services, as determined by us in our sole discretion; (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the App, or which may expose SureServ, its affiliates, its customers or its partners to harm or liability of any nature; or (g) was obtained in breach of any applicable law, including personal privacy statutes, anti-spam legislation and consumer protection laws.

 

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss of or damage to any of your Content.

 

    • SureServ’s System implements technical and organizational measure designed to secure you personal information from accidental loss and from unauthorized access, use, alternation, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to by-pass or defeat those measures or use your personal information for improper purposes. You agree therefore that you provide your personal information at your own risk.

    • You are responsible for safeguarding your password and for restricting access to the App from your mobile devices and gadget(s). You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security. In the event of any dispute between two or more parties as to account ownership, SureServ will be the sole arbiter of such dispute in its sole discretion. SureServ’s decision (which may include termination or suspension of any Account subject to dispute) will be final and binding on all parties.

 

  1. Availment Terms.

    • Creating and Using Your Account.

      • To use the App, you must create an Account in your mobile device or gadget. During registration, you will be asked to provide certain information, including your name and other personal details.

      • You must provide complete and accurate information in response to the in-app prompts and keep that information current.

      • SureServ System will generate a QR Code specifically for your Account. You are fully responsible for all activity that occurs in your Account including actions taken by persons to whom you have granted access to your Account.

      • SureServ System shall automatically log you out of your Account when you close or exit the App in your mobile device or gadget.

    • Account Application.

      • You may apply for an Availment Amount by downloading the App, from Google Play or Apple App Store, filling up the availment application, submitting documents required, if any, clicking the Accept button, and accepting this EULA and terms of service.

      • You understand and agree that SureServ has the right to retain all information and documents you submit in connection with your Availment application for a period of time required to comply with applicable laws, rules and regulations, as well as to use the information contained in said documents for legitimate business purposes such as processing any application or request for Availment of any product and/or service which SureServ, or its subsidiaries and affiliates, may offer, improving existing products and services, credit investigation and scoring, advertising and promoting new products and services.

      • You understand and agree that SureServ, its subsidiaries and affiliates, may, as an integral part of this availment process, send SMS and/or email alerts/messages to you for purposes of verifying the due execution and submission of the application, as well as any and all information contained in the application submitted.

      • You understand and agree that you may be required by SureServ to reply to or provide feedback to such SMS and/or email alerts/messages for the availment process to proceed. Accordingly, your application shall not be deemed submitted if you fail to provide a reply or feedback within a reasonable period of time to be determined by SureServ.

      • A credit investigation or credit scoring may be independently conducted aside from the assessment made by your attending service provider or doctor of your capacity to comply with the requirements and recommendation regarding your capacity to settle Availments. For purposes of this EULA, you expressly agree that your Medical Provider/SureServ Account Officer is authorized to make such an assessment and recommendation which for all intents and purposes is final.

      • Your Availment Facility Amount’s limit represents the maximum outstanding balance, including any payments made.

      • SureServ reserves the right to decline or approve any transaction or suspend your

 

  • Transaction Reports and Interest Rate.

    • Upon approval, you may use the Availment Facility Amount for the Transactions via the App using your Designated Mobile Number and MPIN. All of your Transactions recorded in the App and the corresponding records with your attending service provider or doctor, as applicable, is conclusive proof of your liabilities.

    • The Transaction Report(s) generated by SureServ’s System relative to any and all Availments, Transactions, payment(s) made, and the outstanding amounts issued to you electronically are conclusive proof upon the lapse of twenty four (24) hours from your receipt of said report(s) and evidence that you agree to the terms and conditions of your Availments including the effective Interest Rate and other charges.

      • Only one (1) copy of the Statement of Account will be issued to you on a bi-monthly basis, through the app.

      • You agree to examine and verify each entry appearing on a Transaction Report and immediately notify your attending service provider or doctor and SureServ in writing of any errors, omissions, irregularities, including any fraudulent or unauthorized transactions or any other objections (“Irregularities”). If you fail to notify your Medical Provider and SureServ of such Irregularities within twenty four (24) hours from the date of such Transaction Report all entries are deemed correct, complete, authorized and binding upon you.

    • You agree to pay late payment or other charges for any unpaid amount due as indicated in the Annex “A”, plus any applicable taxes and charges thereon.

      • If the Payment Due Date falls on a Saturday, Sunday or holiday, the payment shall be due the banking day immediately succeeding the Payment Due Date.

    • Disclosure of effective Interest Rate and charges contained in SureServ’s website, emails, or text messages constitutes your acceptance of the disclosure of the effective Interest Rate as required by law.

      • You agree to pay any interests and charges due based on the Interest Rate indicated in Annex “A”.

      • You understand and agree that the stipulated Interest Rate is subject to review by SureServ and based on prevailing market rates. The Interest Rate may be increased, decreased, or changed and any upward or downward adjustment shall be effective and binding on you on the date of effectivity indicated in the SMS and/or email notification from SureServ, or as published in website and in-app announcements/notifications.

      • All notifications, whether through SMS or email, form part of the availment documents and integral to your continued participation.

 

    • You agree that you are solely responsible for tracking your Transactions, payments, balance, and further agree to ensure that all payments shall be on time or prior to any due date.

    • You agree that you are liable to pay at least the Minimum Amount Due shown in the Statement of Account. You shall have the option to pay on or before the Payment Due Date stated in the Statement of Account either of the following amount: (i) the Total Due, OR you can choose to pay either: (i) the Minimum Payment Due as defined in Section 11.4.3 below; or (ii) any amount in between the Total Due and the Minimum Payment.

    • The Minimum Payment Due consists of the following:

      • Ten percent (10%) of the last Statement Balance OR

      • All other past due installments due plus the corresponding full amount of the finance charges incurred, if any

    • In all cases, you agree to pay at least the Minimum Payment due, which SureServ must receive as cleared and available funds, on or before the Payment Due Date; otherwise, your Account may be suspended and your Available Facility Amount may be decreased, subject to corresponding underpayment charges, at sole discretion of SureServ until payment is made in full and consistency of payments is established or re-established, as the case may be. Any increase in Available Facility Amount or restoration is subject to SureServ’s sole decision.

    • You agree to make any and all payments through any or all of the following channels:

      • Via Direct Deposit at Authorized Banking Institutions as indicated in Annex “A”.

      • And such other payment channels as may be authorized by SureServ now or in the future.

    • All your payment shall be applied to an outstanding non-overdue Statement, or to the current Statement period.

    • SureServ reserves the right to adjust, at its sole discretion, the payment application sequence on either normal or not normal (delinquent) status.

    • The unpaid balance of the Minimum Payment will be considered delinquent if unpaid after the Payment Due Date. You shall then be liable to pay the late payment charges, finance or interest charges, and other applicable charges, plus any applicable taxes required by the government thereon.

    • Once you exceed the Available Facility Amount (for failure to pay past due transactions) or fail to pay the Minimum Payment Due on the Payment Due Date, you and your account will be considered delinquent and SureServ, in its sole discretion, may immediately suspend your Account without any need of prior written notice to you. In the event of delinquency or default, you authorize SureServ to report and/or include your name in the negative listings of any credit bureau or institution.

    • All your payments shall be made without set-off or counterclaim and be free and clear of and without any deduction or withholding for or on account of taxes, which shall be for your account and paid by it when due.

 

  • Delinquency and Default.

    • You are considered in default in any one of the following events:

      • You fail to pay on the Payment Due Date any of your payment obligations from any of your Transactions.

      • Your outstanding availments exceed your Availment Limit.

      • You apply for voluntary or involuntary relief under the Insolvency Law or other bankruptcy laws.

      • SureServ believes, on reasonable ground and at its sole discretion, that it was induced by fraudulent misrepresentation to grant the Availment Facility in your favor.

      • You fail to observe any of the terms and conditions of this EULA or this TOS.

      • You are charged with, convicted of, or under investigation by competent government authority for violation of Republic Act 8484 (Access Devices Regulation Act of 1998), or SureServ has prima facie evidence to charge you with a violation of any of the provisions of said law, or you have been convicted of a crime involving moral turpitude.

      • Upon your death or if you become physically or mentally incapacitated, and SureServ has reasonable grounds to believe that this affects your capacity to settle your obligations.

    • Any or all of the following constitute Events of Default:

      • Your failure to comply with or perform any of the terms and conditions of this EULA and Terms of Service

      • Your failure to pay when due and payable any Amortization amount due;

      • Any representation or warranty you made herein or otherwise in connection with the Availment or your Account and Transactions, shall prove to have been incorrect or misleading as of the time it was made or deemed to have been made, and without reference to whether or not SureServ was in fact prejudiced by such untruthfulness and/or non-fulfillment;

      • You voluntarily suspend or ceases operation of your usual business or becomes insolvent or is unable to pay your debts when they become due or commits or permits any act of bankruptcy or insolvency;

      • Any final judgment or decree for a substantial sum of money, damages or for a fine or penalty is entered against you by a court of competent jurisdiction and is not paid, discharged or fully bonded within fifteen (15) days after the date when payment of such judgment or decree is due under applicable laws;

      • Upon your untimely death or if you are convicted of a criminal offense with final judgment carrying with it a penalty of civil interdiction affecting you, or in any of the cases covered by Article 1198 of the Civil Code of the Philippines;

      • There shall have occurred a material change in your financial circumstances or condition of reckoned from the approval of the Availment or Account, which, in the reasonable opinion of SureServ of its credit scoring partners, would adversely affect your ability to perform the obligations herein.

    • Charges.

      • You agree to pay the late payment penalty on any overdue amount at the rate indicated in Annex “A”:

        • If you pay the full amount of your Availment Amount on or before the Payment Due Date, no finance charges or Interest Rate shall be imposed.

        • If you pay either the Minimum Payment Due which is the amount equivalent to ten percent (10%) of the Statement of Account or the amount of Pesos: Three Hundred (Php300.00) whichever is higher, or any amount in between the full amount due and the Minimum Payment, you agree to pay the finance and other charges, plus any applicable taxes and charges requires by the government on such charges.

        • The finance charges, at SureServ’s prevailing rate, will be levied using a fixed calculation based on the total remaining unpaid amount from the last Statement of Account.

        • Any amount unpaid as of the Payment Due Date is deemed payable on the next Payment Due Date.

      • SureServ reserves the right to change the fees, finance charges, rate of interest and/or penalty rate stipulated, from time to time. You authorize SureServ to increase or charge additional service fees as may be deemed necessary to maintain the service. The upward or downward adjustment of the interest, penalty rate and/or service fees is binding on you on the date/s of effectivity as indicated in the written notice (in the monthly Transaction Report or thru a separate notice) from SureServ.

      • Upon the occurrence of an Event of Default:

        • The amount then outstanding, all Interest accrued and unpaid, and all other amounts payable hereunder and immediately become due and demandable without need of demand or further notice of any kind from SureServ, all of which you hereby expressly waive.

        • SureServ may proceed against you and may take such other steps or actions against you, judicial or extrajudicial, as SureServ may deem appropriate for the full protection or enforcement of its rights and remedies.

 

  • Representations and Warranties.

    • Any and all information you provide and the supporting documents, if any, submitted in connection herewith are true and correct;

    • You authorize SureServ to verify such information from whatever source, and authorize the holder, controller and processor of such information to confirm, release and verify the existence, truthfulness, and/or accuracy of such information.

    • Any incorrect information you provide shall result in the delay or denial of the application or, if already approved, shall result in the Availment Amount becoming immediately fully due and demandable, without prejudice to any other action which SureServ may pursue in accordance with law and equity.

    • You have full legal right, power and authority to enter into the EULA and TOS and to comply with, perform and observe obligations herein.

    • You are not subject to any pending or threatened litigation or administrative investigation or proceeding which would, in any case or in the aggregate, materially or adversely affect your right or ability to pay the Availment Amount or affect your use of the Beta Software Application.

    • You are not currently indebted to or if so, you are not in default in the performance of any obligation with any person, corporation, governmental or financial institution.

 

 

  1. Suspension, Cancellation, or Termination.

    • Suspension, Cancellation, Withdrawal, or Termination.

      • SureServ may, at its exclusive option and without giving any reason and/or prior notice to you, restrain, suspend, cancel and withdraw or terminate your use of the App at any time, for whatever reason, including but not limited to:

        • Your default, non-payment, financial incapacity, change in personal and/or economic circumstance, change in residency status or country or territory of stay, failure to provide additional documents requested by SureServ, misrepresentation, fraud and if SureServ believes that the App is being used for fraudulent transactions.

        • Upon your death, bankruptcy, or insolvency or when your whereabouts become unknown to SureServ.

          • Upon said termination, the entire outstanding balance on your Account plus any unposted amounts or Transactions becomes immediately due and payable to SureServ in full within three (3) calendar days from effective date of termination.

          • You and/or your estate are required to pay all outstanding amounts to SureServ notwithstanding the termination or your bankruptcy or death.

          • SureServ is entitled to continue to charge finance charges on any outstanding amount (including any costs and expenses incurred by the SureServ) until SureServ receives payment in full.

          • You and/or your estate shall keep us indemnified for all costs and expenses, including legal fees and charges, incurred in recovering and paying off such outstanding balances and obligations.

        • In such cases, any outstanding Availment as of the time of the restraint/suspension/termination shall be considered due and demandable without need of notice to you. SureServ, at its sole discretion, may initiate collection from you of the full Availment Amount and all unposted Availments in full, and/or refer collection to a third party.

      • If collection of any unpaid or past due amount is referred to a collection agency and/or enforced through court action, you agree to pay the actual amount of attorney’s fees, expenses of collection and costs of suit, in addition to whatever damages that may be suffered or incurred by SureServ. You agree to hold SureServ free and harmless from any claim for damages arising from such restraint, termination, withholding or suspension.

      • Continued use of the Application after termination or cancellation is deemed fraudulent. SureServ reserves the right, at its sole and absolute discretion, to restore the use of the Application and/or its privileges, whether or not the circumstances giving rise to the restraint, suspension, cancellation, withdrawal or termination have ceased or have been rectified.

    • Termination by Account Holder.

      • You may, at any time, terminate the Agreement by a written notice to SureServ subject to the immediate payment or settlement of any and all obligations incurred in connection with your Transactions.

      • Your notice of termination will terminate use and access to the App and you are required to immediately uninstall the application from your mobile device or tablet.

 

  1. Indemnity.

    • You will indemnify and reimburse SureServ for all actions, proceedings and claims which may be brought by or against SureServ, and all losses, damages and reasonable amounts of costs and expenses which SURESERV may incur or suffer as a result of or in connection with its providing services to You under this Agreement, unless due to our gross negligence or willful default and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely from it. (b) If You fail to pay any amount to SureServ when due or if You breach any terms or conditions of this Agreement, SureServ may enforce its rights or remedies to collect or recover any outstanding amount and are entitled to employ agents or service providers for those purposes.

    • If collection is to be endorsed to a collection agency, YOU shall be notified thereof at least seven (7) days prior to actual endorsement. YOU are required to indemnify and reimburse the SureServ for all reasonable amounts of costs (including legal fees) and expenses reasonably incurred by SureServ in collecting or recovering any outstanding amount. SureServ is entitled to continue to charge finance charges on any outstanding amount (including any costs and expenses incurred by SureServ) until payment is received in full.

 

  1. Documentation and Examples. SURESERV BEARS NO LIABILITY FOR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR FOR DAMAGES RESULTING FROM USE OF THE INFORMATION IN ANY PROVIDED DOCUMENTATION AND/OR EXAMPLES.

 

  1. Ownership All rights, interests, titles, including any and all intellectual, proprietary, economic, and moral rights in and to the App, Documentation, Licensor’s Products, and all copies thereof remain with SureServ. SureServ does not grant any express or implied right to you to patents, copyrights, trademarks, or trade secrets information. All rights not expressly granted to you under this EULA, Terms of Service, and any other agreement are reserved by and to SureServ. The Beta App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The App is licensed, not sold. Furthermore, this EULA and Terms of Service does not grant you any rights in connection with any trademarks, tradenames, or service marks of SureServ. SureServ reserves any and all intellectual property rights, including copyrights, and trademark rights.

 

  1. No Support. SureServ is under no obligation to provide technical support under the terms of this EULA and any other agreement, and provides no assurances that any specific errors or discrepancies in the Beta App will be corrected.

 

  1. No Updates. SureServ is under no obligation to provide any updates or upgrades to the App (collectively “Updates”). However, should SureServ in its sole discretion provide you with any Updates, such Updates will be deemed to form part of the App for all purposes under this EULA, and related agreements, unless other terms of use are provided by SureServ with such Updates.

 

  1. NO WARRANTIES.

 

  • THE APP AND DOCUMENTATION, IF ANY, ARE LICENSED “AS IS”, AND SURESERV DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SUITABILITY, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW.

  • WITHOUT LIMITATION OF THE FOREGOING, YOU ASSUME ALL RESPONSIBILITY FOR SELECTING TO FOR THE RESULTS OBTAINED, AND FROM YOUR USE OF THE APP. FOR CLARITY, ANY DOWNLOAD AND USE OF THE APP IS DONE AT THE YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO – WITHOUT LIMITATION – ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. IT IS THEREFORE UP TO THE YOU TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THIS APP AND YOU AGREE NOT TO RELY ON ANY DATA OR INFORMATION STORED IN THE APP, FOR ANY PURPOSE.

  • WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE THAT SURESERV, ITS SHAREDHOLDERS, OFFICERS, EMPLOYEES, AND LEGAL CONSULTANTS ARE NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL WARRANTIES IN AND TO THE ACCURACY OF ANY DATA CONTAINED IN THE APP. YOUR RELIANCE ON SUCH DATA IS MADE AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES IS SURESERV, ITS SHAREDHOLDERS, OFFICERS, EMPLOYEES, AND LEGAL CONSULTANTS, BE HELD LIABLE IN THE EVENT OF YOUR FAILURE TO ADMINISTER OR THE ADMINISTRATION OF ANY VACCINE NOT OTHERWISE NEEDED, BASED ON SUCH DATA STORED IN THE APP.

 

  1. LIMITED LIABILITY. IN NO EVENT IS SURESERV LIABLE TO YOU OR ANY THIRD PARTY FOR – WITHOUT LIMITATION – ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE BETA  SOFTWARE/MOBILE APPLICATION (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE BETA APP TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SURESERV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Privacy Policy. SureServ recognizes the importance of maintaining the privacy of personal data which it collects and processes. By accepting this EULA and Terms of Service, you expressly agree to by bound by SureServ’s Privacy Policy.

 

  1. Governing Law. This Agreement shall be governed and construed and enforced in accordance with Philippine laws. Any action of proceeding arising out of or related to this Agreement and its annexes shall be heard and determined in the competent courts of Taguig City, to the exclusion of any other venue. The Parties waive any objection which they may have now or in the future to the laying of venue of any dispute brought in such court of any defense of inconvenient forum for the maintenance of such dispute.

 

  1. Entire Agreement; Amendment; Severability. This EULA and Terms of Service and any links or annexes, constitute the entire agreement of the Parties with respect to the subject matter and supersedes all prior verbal or written agreements. No waiver or modification is binding upon the Parties unless made in writing and signed by duly authorized representatives of both Parties. If any term or provision of is found to be illegal or unenforceable, such illegal or unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the Parties expressed herein without affecting the legality or enforceability of all other provisions.

 

SureServ reserves the right to revise and modify this EULA and Terms of Service at its sole discretion. Said revisions or modifications shall be posted in sent to you via email and, once sent therein, becomes binding on you. It is your obligation to be informed thereof by accessing and accepting any the EULA and Terms and Services, and any updates from time to time. In all cases, your Availment or use of the App is deemed an acceptance of any revision or modification of the EULA and Terms of Service.

 

Annex A

 

E-SIGN CONSENT

ODSI Lending SureServ, Inc. and its affiliates and third-party service providers (“SureServ”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our products or services (“Services”). Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the App.

Electronic Delivery of Communications and Use of Electronic Signatures.

Under this Consent, SureServ may provide all Communications electronically by email, text message, or by making them accessible via SureServ websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the App (e.g., this Consent, SureServ’s Privacy Policy, the Terms of Service, and the like), (2) payment authorizations and transaction receipts or confirmations, (3) transaction reports and history, (4) and all tax statements and documents. We may also use electronic signatures and obtain them from you.

System Requirements.

To access and retain the electronic Communications, you will need the following:

  • A computer or mobile device with Internet or mobile connectivity.

  • For website-based Communications, a current web browser that includes 128-bit encryption. The browser must have cookies enabled.

 

  • For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play store.

  • Access to the email address used to create an account for the App.

  • Sufficient storage space to save Communications and/or a printer to print them.

  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must modify the same to allow receipt of emails from SureServ.

 

No Paper Delivery of Communications. SureServ maintain a paperless delivery policy.

Withdrawal of Consent to Electronic Communications.

You may withdraw your consent to receive electronic Communications at any time, by writing to the SureServ email address. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to the App. Any outstanding obligations may be due and demandable. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request.

Updating Your Email Address.

You can change your email address by writing to the SureServ Address. You may also be able to change your email address yourself through the App.