Terms of Use

Essential Information

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE mgenesis.com WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND MICROGENESIS BUSINESS SYSTEMS (HEREAFTER ‘MICROGENESIS’). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE MGENESIS.COM DOMAIN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. MICROGENESIS RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

1. Ownership

This Site is owned and operated by MICROGENESIS BUSINESS SYSTEMS. All images on this web site are owned by MICROGENESIS or its partners / contributors and are protected by International copyright laws and international treaty provisions. MICROGENESIS retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from MICROGENESIS, if you fail to comply with any provision of this agreement. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof. In addition, MICROGENESIS reserves the right to terminate this site without notice.

2. Authorized Use

Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the ‘Content’) is licensed to you by MICROGENESIS. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the MICROGENESIS End User License Agreement (EULA) and any relevant Licensing Agreements.

3. Links to Third Party Sites

MICROGENESIS provides links to third-party sites as a convenience to you. MICROGENESIS does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by MICROGENESIS of such sites. MICROGENESIS is not responsible for the content of any linked sites.

4. LIMITED WARRANTY

MICROGENESIS represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.

MICROGENESIS warrants that the Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.

EXCEPT AS PROVIDED ABOVE, THE CONTENT, ARE PROVIDED ‘AS IS’ ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICROGENESIS DOES NOT WARRANT THAT THE CONTENT AND SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SITE ARE WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT MICROGENESIS OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.

5. YOU REPRESENT, WARRANT AND COVENANT THAT:

  1. You are at least 16 (if You are residing in EU) / 18 years of age (if You reside everywhere else aside from EU) and have the right to enter into this Agreement;
  2. You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
  3. Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
  4. The information you provide to MICROGENESIS is accurate and true, including without limitation all credit card information;
  5. You agree that all passwords to your MICROGENESIS account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to
    1. terminate this Agreement immediately with notice to you
    2. retain all unpaid payments pursuant to this Agreement and
    3. seek any legal or equitable remedies.

6. INCORRECT PRICING AND INFORMATION

MICROGENESIS has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content’s information is incorrect or the Content is priced wrongly, in such situation MICROGENESIS has the right to cancel the transaction and refund the payment, if the transaction has been made.

7. LIMITATION OF REMEDIES

  1. Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, EULA and other relevant licensing agreements.
  2. No Monetary Damages: Under no circumstances whatsoever will MICROGENESIS be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if MICROGENESIS or a distributor authorized by MICROGENESIS has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. INDEMNIFICATION

You agree to fully defend and indemnify MICROGENESIS, its employees, directors, and officers, and anyone else associated with MICROGENESIS, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising from the breach of the warranty above or these Terms.

9. USAGE

MICROGENESIS reserves the right to change and amend the prices of any credit / subscription package or the credit download rates and download sizes without prior notice to you. However, MICROGENESIS will always endeavour to notify you of any impending price changes.

10. NO WAIVER

Failure by MICROGENESIS to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

11. JURISDICTION

  1. The establishment, effectiveness, interpretation and execution of this Agreement shall all be governed by the laws of the Philippines, subject to its jurisdiction, and without regard to the conflict of laws principles.
  2. All disputes arising in connection with the performance of this Agreement shall be settled through friendly negotiations.
  3. You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to MICROGENESIS such that damages and remedies under the Philippine Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of the Philippines, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

12. LEGAL FEES

If MICROGENESIS is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse MICROGENESIS for its legal fees, costs and disbursements if MICROGENESIS is successful.

13. ASSIGNABILITY

You may not assign or transfer to anyone the rights granted to you in this Agreement, without MICROGENESIS’s prior written consent.

14. ENTIRE CONTRACT

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and MICROGENESIS, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and MICROGENESIS relating to the subject of this agreement. The explanations to FAQ’s and other explanations and content provided in mgenesis.com website are for your information only and are not, and shall not be construed as, part of this agreement.

15. SEVERABILITY

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.

16. PRIVACY POLICY

We only use your information as described in the Privacy Policy which is incorporated into these Terms and Conditions by reference.

You further agree that by your continued use of the site, you agree to the terms of our Terms of Use and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by mgenesis.com.

17. CONTACT US

If you: (i) have any questions, queries, inquiries or comments on Our Privacy Policy; (ii) have any concerns about how We process your Personal Data; (iii) would like to opt out of direct marketing activities; (iv) would like Us to update information or preferences you have provided to Us; or (v) have any other issues relating to this privacy policy, you may get in touch with us.

In the event you have any complaints you may also contact Us here.

This document was published on April 14, 2020.

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