Terms of Service
Last updated 5 March 2019
Welcome to Abueli Consultancy Services Corpration (“Abueli”). Our website is www.abueli.com (the “Site”) and our houskeeeping and home concierge services is accessible via our Site and our web and mobile device applications (“Apps”). To make these Terms easier to read, the Site, our services and Apps are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. When we do so, we shall inform you by posting the modified Terms on the Site or through other means of communication. It is understood that should you continue to use the Services after we have posted the modified Terms on the Site, you thereby agree to be bound by the Terms as modified. If you do not agree to be bound by such modified Terms, you may opt to discontinue the use of the Services.
Unless you opt out within 30 days from the date you agreed to the following terms in accordance with the opt-out procedure specified in the “Arbitration” section below, you agree that disputes between you and Abueli will be resolved through individual arbitration and in case you are unsatisfied, the venue shall be within the courts of competent jurisdiction in the Philippines to the exclusion of others.
Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of entering into contract.
Registration and Your Information
Should you wish to use certain features of the Services you will have to create an account (“Account”). You can do this via the Apps or the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option, an Account will be created for you by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It is important that you provide us with accurate, complete and up-to-date information in your Account. Likewise, you undertake to keep your information accurate, complete and up-to-date. Inaccuracies or falsities in your information may compel us to terminate your Account lest we provide you less than adequate or incongruous services. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You shall be singularly and severally responsible for all activities that transpire under your Account and the effects thereof.
Using the Services
Users can select from a variety of options to create customized home and staff management solutions using the Services. You can also use the paid functionality of the Services to utilize the same or purchase items (the “Products”), as described in further detail under the Section “Purchases.”
You understand and agree that the Services, Products and any other information you derive from Abueli are not intended, designed, or implied to allow a houshold to run without your actual supervision and discretion or be a substitute for an owner/employer’s point of view in running your own home.
Not all activities described in the “Services” or “Products” are suitable for everyone. Please do not use the Services while driving, operating heavy machinery, or performing other tasks that require a high degree of attention and concentration. You understand and agree that you are solely responsible for your use of the Services and hold Abueli, its officers and employees free and harmless from any and all suits or complaints arising from misuse, negligence or improper use of the Services.
Abueli offers enhanced features of the Services which you can purchase as a monthly or yearly (“Subscription”). A description of features associated with the Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (“Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and you thereby agree: (a) to pay the applicable fees and any taxes; (b) that Abueli may charge your credit card or third party payment processing account, including, but not limited to your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Abueli until accepted and confirmed by Abueli. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding billings and charges relevant to products and services of Abueli, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Abueli.
Abueli reserves the right not to process or to cancel your order outright under certain circumstances such as: when your credit card is declined or suspect the request or order may be fraudulent, or other analogous circumstances. Abueli likewise reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Abueli will either not charge you or refund the charges for orders that we do not process or cancel.
Title, Risk of Loss
The risk of loss and title for Products purchased by you pass from Abueli to you after shipment from Abueli’s facility. All shipments are governed in accordance to Abueli’s standard Shipping Terms.
If for any reason, you are not satisfied with the Product you have purchased and you want to return the Product, please refer to our Return Policy or contact us at email@example.com for information on how you may return eligible Products.
Automatic Renewal of Subscription & How to Cancel Your Subscription
All amounts are payable and charged at the beginning of the subscription period. Such subscription renews automatically for a period similar to the expiring subscription term until you cancel. Should you decide to end your subscription, you must cancel the same before the automatic renewal to avoid the billing for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at firstname.lastname@example.org. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription and you will continue to receive the Services ordered until the end of your current Subscription period.
Adjustments to Price and Terms for Subscriptions
Abueli reserves the right to change its pricing terms for Subscriptions as the law on Economics or expediency demand. Abueli, however, will notify you in advance of such changes before they take effect. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after the adjustments to pricing terms have been disseminated. If you do not agree with the adjustments to Abueli’s pricing terms, you may choose to end your Subscription in accordance with the section “Automatic Renewal of Subscriptions & How to Cancel Your Subscription.”
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Abueli regarding future functionality or features.
We welcome feedback, comments and suggestions to improve the Services or Products (“Feedback”). You can submit client Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback you have submitted for any purpose.
Content and Content Rights
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes everything contained or those which may be derived or inferred from such “content” without limitation.
Abueli does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have regarding your own User Content.
Abueli and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, trade names and other laws of the Philippines and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying the Services or Content.
User-Granted Content Rights
It is agreed that by utilizing and making available any User Content through the Services you hereby grant to Abueli a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon the User Content and to distribute, publicly display, publicly perform and distribute the same User Content in connection with operating and providing the Services and Content to you and to other users.
Rights in Content Granted by Abueli
Subject to your compliance with these Terms, Abueli grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal, non-commercial purposes.
Rights and Terms for Apps
Rights in App Granted by Abueli
Subject to your compliance with these Terms, Abueli grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device or computer that you own or control and to run such copy of the Apps solely for your own personal non-commercial purpose. Abueli reserves all rights in and to the Apps not expressly granted to you under these Terms. You may not copy the Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means other than that intended by Abueli.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
These Terms are concluded between you and Abueli, and not with App Provider, and that, as between Abueli and the App Provider, Abueli, is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Abueli.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Abueli will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all Philippine and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations. By using the App you represent and warrant that: (i) you are not a “terrorist” within the context of the laws of the Philippines, or that has been designated by the Philippine Government as a “terrorist supporting” individual or citizen or subject of any country declared by the Philippines as “terrorist-supporting;” and (ii) you are not listed as a public enemy.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services, or any individual element within the Services, Abueli’s name, any Abueli trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Abueli’s express written consent;
Access, tamper with, or use non-public areas of the Services, Abueli’s computer systems, or the technical delivery systems of Abueli’s providers;
Attempt to probe, scan, or test the vulnerability of any Abueli system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Abueli or any of Abueli’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Abueli or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Abueli trademark, logo URL or product name without Abueli’s express written consent;
Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at office@Abueli.com. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Abueli and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither Abueli nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, liquidated, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Abueli has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose as we cannot verify and assure the compatibility of all devices.
In no event will Abueli’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the latest amount you have paid to Abueli for use of the Services, Products or Content or fifty dollars ($50), whichever is higher, deductible of any payment obligations to Abueli, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Abueli and you.
These Terms and any action related thereto will be governed by the laws of the Republic of the Philippines and any dispute arising therefrom shall be resolved under Philippine Courts to the exclusion of other courts.
Agreement to Arbitrate
You and Abueli agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Abueli with written notice of your desire to do so by email at office@Abueli.com within thirty (30) days following the date you agree to these Terms the first time(such notice, an “Arbitration Opt-out Notice”). If you don’t provide Abueli with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Abueli with an Arbitration Opt-out Notice, will be the competent court of the Philippines to the exclusion of others and each of the parties hereto waives any objection to jurisdiction and venue in such Court. Further, unless both you and Abueli otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Abueli and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Abueli and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Abueli’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Abueli may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Abueli under these Terms, including those regarding modifications to these Terms, will be given: (i) by Abueli via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Abueli’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Abueli. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact Abueli at office@Abueli.com.