PLDT Home Online Shop Terms and Conditions

1. Description

a. The PLDT Home Online Shop (the “Online Shop”) is owned and operated by Philippine Long Distance Telephone Company (PLDT). Your use of the Online Shop is governed by the myHome Terms and Conditions at http://pldthome.com and these Additional Terms and Conditions Governing the Use of the Online Shop (collectively, the “Terms”). The Terms are binding on PLDT and yourself, and your respective successors-in-interest, heirs and assigns and shall not bind third parties.

b. You may use the Online Shop to apply for PLDT Home products and services (each, a “Service” and collectively the “Services”) and to upgrade your existing Services You agree that you are solely responsible for all purchases that you make on the Online Shop and the fees associated with such purchases.

c. You shall be required to accept the Terms by clicking to agree or accept the same where these options are presented to you within the Unified Home Website and the Online Shop.

d. In order to use Online Shop you must be 18 years of age or older. By using Online Shop, you warrant that you have legal capacity to enter into agreements with PLDT through the Online Shop. Your use of Online Shop includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

2. PLDT’s Provision of Online Shop

a You understand and agree that PLDT may permanently or temporarily stop providing the Online Shop (or any features within the Online Shop) to you or to users generally at PLDT’s sole discretion, without prior notice to you.

b. You agree that if PLDT disables access to your account, you may be prevented from accessing the Online Shop, your account details or any files that are stored in yourmyHome account.

b. You agree that due to the nature of the internet, PLDT does not warrant fast and efficient access to the Online Shop at all times.

3. Use of the Online Shop

a. In order to access certain services in the Online Shop, you may be required to provide information about yourself such as your name, , date of birth, installation address, telephone number/s, mobile phone number/s, email address, credit card details, marital status, and PLDT account number/s (for upgrades). You agree that any such information you provide to PLDT will always be accurate, correct and up to date.

b. You agree to use the Online Shop only for purposes that are permitted by (a) the Terms and (b) any applicable laws, regulations or generally accepted practices or guidelines in the Philippines.

c. You agree not to access (or attempt to access) the Online Shop by any means other than through the interface that is provided by PLDT, unless you have been specifically allowed to do so in a separate agreement with PLDT. You specifically agree not to access (or attempt to access) the Online Shop through any automated means (including use of scripts, crawlers or similar technologies from time to time).

d. You agree that you will not engage in any activity that interferes with or disrupts the Online Shop (or the servers and networks which are connected to the Online Shop). You agree that you will not use any of theOnline Shop in a way that interferes or disrupts any servers, networks, or websites operated by PLDT or any third party.

e. You agree that you are solely responsible for (and that PLDT has no responsibility to you or to any third party for) your use of the Online Shop, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which PLDT may suffer) of any such breach.

f. You agree that PLDT owns all right, title and interest in and to the Online Shop and the rights, title and interest in the Services available through the Online Shop, including without limitation all applicable Intellectual Property Rights relating to the Services. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any component of the Services, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Services, (iii) use the Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter PLDT's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within Online Shop or the Services.

4. Payments for Purchases Through the Online Shop

a. PLDT may make available to you certain payment processing methods to facilitate the payments for the purchase of Services from the Online Shop. You agree to abide by any relevant terms and conditions or other legal agreement, whether with PLDT or a third party, that governs your use of a given payment processing method. You agree that PLDT reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.

b. You shall keep updated your contact and payment details via the Unified Home Website or by visiting a PLDT Sales and Service Center. PLDT shall not be liable for any misinformation or miscommunication arising from its inability to contact you owing to your failure to update its contact and payment details.

c. For payments to be made via the Unified Home Website, it shall be your responsibility to verify that all transaction information and other details are correct. In the event of any discrepancy or error resulting from the online payment transaction, you shall course your dispute through your credit card’s issuing bank.

d. In the event that (1) your payment is not credited to your myHome account, (2) you are charged multiple times for the same payment transaction, or (3) you experience a situation analogous to the foregoing, reimbursement of the amounts already paid shall be made in the following manner:

(1) You shall contact your credit card’s issuing bank and make the formal request for a chargeback. In the event the issuing bank finds that the disputed transaction is eligible for a chargeback, the issuing bank shall coordinate with PLDT’s acquirer to initiate the chargeback process.

(2) PLDT shall thereafter issuea credit voucher to its acquirer and such acquirer shall credit the amount to be refunded to your credit card account.

e. You understand and agree that you have no recourse against PLDT’s acquirer regarding any complaints or disputes relating to payments made by you for purchases from the Online Shop. Should you have any complaints or disputes regarding such payments, you shall notify your credit card’s issuing bank and/or PLDT regarding the same, in accordance with the procedure set forth in Section 4.d of these Additional Terms.

5. PLDT Services Applied For or Purchased Through the Online Shop

a.Should you wish to apply for a new Service, or upgrade your existing Service, you may accomplish your application online. However, your application for new Service or Service upgrade shall be subject to your submission of certain requirements to PLDT, the availability of PLDT’s facilities to provide the Service or Service upgrade, and to PLDT’s evaluation of your application.

b. PLDT shall notify you through your myHome account and/or email if your application for new Service has been approved and shall provide you with instructions regarding payments prior to Service activation or Service upgrade implementation.

c. You understand that the Services are governed by PLDT’s or its subsidiary’s or affiliate’s Terms and Conditions found in www.pldthome.com and agree to read, understand and abide by the same.

6. Export Restrictions

The Services available on the Online Shop may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Services (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Services to any country to which a license is required under the Export Laws without first obtaining a license.

7. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless PLDT, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Online Shop, including your use of any Services, or your violation of the Terms.

8. Termination

a.TheseAdditional Terms will continue to apply until terminated by either you or PLDT as set out below.

b. If you want to terminate your agreement with PLDT under these Additional Terms, you may do so by ceasing your use of the Online Shop.

c. PLDT may at any time, terminate your right to use the myHome website and the Online Shop with you if: (A) you have violated any provision of the Terms; or (b) PLDT is required to do so by law; or (c) PLDT decides to no longer provide the myHome website and/or Online Shop.

d.When the contract governed by theTerms terminates, all of the legal rights, obligations and liabilities that you and PLDT have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

9. DISCLAIMER OF WARRANTIES

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SHOP AND ANY SERVICES PURCHASED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE SHOP IS AT YOUR SOLE RISK AND THAT THE ONLINE SHOP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY AW.

b. YOUR USE OF THE ONLINE SHOP AND ANY SERVICES PURCHASED OR OTHERWISE THROUGH THE USE OF THE ONLINE SHOP IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLDT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANYIMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY SERVICES PURCHASED OR OTHERWISE OBTAINED THROUGH THE ONLINE SHOP AS WELL AS THE ONLINE SHOP ITSELF.

d. NONE OF THE SERVICES ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

10. LIMITATION OF LIABILITY

PLDT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE ONLINE SHOP OR ANY SERVICES PURCHASED OR OTHERWISE OBTAINED FROM THE ONLINE SHOP, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT PLDT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

11. GENERAL LEGAL TERMS

a. These Additional Terms for Online Shop constitute the entire legal agreement between you and PLDT and govern your use of the Online Shop. You confirm that, in agreeing to entering into theseAdditional Terms, you have not relied upon any representations or statements not expressly incorporated herein.

b. You agree that if PLDT does not exercise or enforce any legal right or remedy which is contained in Additional Terms (or which PLDT has the benefit of under any applicable law), this will not be taken to be a formal waiver of PLDT’s rights and that those rights or remedies will still be available to PLDT.

c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Additional Terms is invalid, then that provision will be removed from theseAdditional Terms without affecting the remaining provisions. The remaining provisions of these Additional Terms will continue to be valid and enforceable.

d. The rights granted in the AdditionalTerms may not be assigned or transferred by you without the PLDT’s prior written approval. You are not permitted to delegate your responsibilities or obligations under these Additional Terms without PLDT’s prior written approval. Notwithstanding the foregoing, you shall be responsible for the use of the Online Shop and any purchases made through the Online Shop by any other person using your myHome and Online Shop credentials through your fault or negligence.

e. These Additional Terms shall be governed by the laws of the Republic of the Philippines and you and PLDT hereby irrevocably submit to the exclusive jurisdiction of the courts of Makati City, to the exclusion of all other venues.