Last updated: November 24, 2017

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.e-subicbay.com website and its affiliated application/s (the "Service") operated by the Subic Bay Metropolitan Authority ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. We may provide you an alternate process should you wish to proceed without availing the online services. You may reach us by checking our details on the contact us page.

Governing Law Compliance

You must comply with all applicable laws regarding the proper use of e-subicbay.com as a website in the internet. Your unauthorized use of the portal or unauthorized, improper or fraudulent use of your account shall subject you or any third party to a claim for damages, and/or criminal liability in accordance with applicable laws, including but not limited to the following provisions of law:

Hacking or cracking or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. (Section 33(a) of the Philippine Electronic Commerce Act).

Piracy or the unauthorized copying, reproduction, dissemination, or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recording or phonogramsor information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of One Hundred Thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. (Section 33(b) of the Philippine Electronic Commerce Act).

This terms of use is also in compliance with the provisions set in Republic Act 8293 or the Intellectual Property Code of the Philippines as well as the Data Privacy Act of 2012.

SBMA reserves the right to investigate complaints or reported violations of this terms of use and to take appropriate actions against those found to be in violation.

Intellectual Property

The use, reuse and redistribution of data in this website are not allowed without the expressed consent of the Subic Bay Metropolitan Authority. Data offered on this website must not be used for inappropriate for inappropriate or malicious purposes or initiatives. Content of the website shall not be modified. Only SBMA has the discretion to implement modifications.

“Data taken from www.e-subicbay.com are governed by a Terms of Use policy. We are not liable for any damage caused directly or indirectly by the use of its data.”

Description of Services

This site is for investors / locators that are doing business in the Subic Bay Freeport Zone. This will provide users a portal to register their businesses and apply for their permits. You understand and agree that these services may include certain communications from the Subic Bay Metropolitan Authority, such as service announcements, administrative messages, and other updates, and you will not opt out of receiving them. You understand and agree that by using the services in the e-subicbay.com website, you will be providing SBMA with personally identifiable information and other relevant information on the required service to be rendered.

If you wish to avail of the service made available through the www.e-subicbay.com website, you may be asked to supply certain information relevant to the service you are availing. Please revert to the “Privacy Policy” on the details of how information will be handled.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material ("Content"). You are responsible for the information you share on the site and will be bound by the “Privacy Policy” initially agreed.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Subic Bay Metropolitan Authority.

The Subic Bay Metropolitan Authority has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Subic Bay Metropolitan authority shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Enhancement and Errors

Unless explicitly stated otherwise, any new features that augment or enhance the current site shall be subject to the Terms of Use. SBMA does not warrant or represent nor assumes any responsibility as to the timeliness, accuracy, reliability, deletion and misdelivery of information available on or through the website. SBMA also does not warrant that the website will be error-free, free of viruses, or other harmful components or defects. You are responsible in obtaining access to e-subicbay.com, and that access may involve third-party fees (such as Internet service provider or airtime charges), to which you are responsible. In addition, you must provide and are responsible for all equipment necessary to access the website.

Registration Obligations

You agree to: (a) provide true, accurate, current and complete information about yourself or your company as prompted by the online business registration, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SBMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SBMA has the right to suspend or terminate your account and refuse any and all current or future use of the portal (or any portion thereof).

Password and Account Security

You will enroll a Password and User ID that will be used when accessing your e-subicbay.com account. You are solely responsible in ensuring that your Password and USER ID is secured and that your online account cannot be accessed by unauthorized persons.

You are solely responsible for any loss due or other fraudulent activities associated with the sharing (if any) of your Password and User ID to a third person, and SBMA shall be held free from any liability arising from access or use of the account by a third person, whether such access or use of the third person was with or without authority granted by you as the holder of the account.

SBMA shall automatically block or disable access to the account in case a wrong password is used for a certain number of attempts.

Forms and Documents

The portal may provide downloadable forms and checklists for free that can be used in your transactions with SBMA on a non-exclusive license basis only for your personal/company use and for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. SBMA does not guarantee or warrant the documents' suitability, legal effect, completeness, modernity, accuracy, and/or appropriateness.

Restrictions on use

Your access to and use of the portal is subject to the following restrictions:

• Unless otherwise stated, the portal and the materials in it are protected by proprietary rights (including but not limited to intellectual property rights). You may download forms, view and print your information from the portal for your own personal/company use only and you must not republish, sell, rent, reproduce, duplicate, copy, modify, sell, trade, resell or exploit for any commercial purposes any portion of the portal or access to it.
• You must not use the service in any way that causes, or may cause, damage to the portal or impairment of the availability or accessibility of it; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• You must not use e-subicbay.com to copy, store, host, transmit, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
• You must not conduct any systematic or automated data collection activities in relation to the portal without SBMA’s express written consent.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

The Information and Services offered by e-subicbay.com may contain bugs, errors, problems or other limitations. To the maximum extent permitted by applicable laws, in no case shall SBMA be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or personal profits, business or personal interruption, loss of business or personal information, or any other pecuniary loss) arising out of the use or inability to use the portal.

Law, Jurisdiction, and Dispute Resolution

The terms of use constitute the entire agreement between you and SBMA. If any provision of this Terms of use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect other provisions of this ToU which shall remain in full force and effect. This Agreement shall be treated as if executed and performed in the Subic Bay Freeport Zone, Philippines, and shall be governed by and construed in accordance with Philippine laws. Any suit or proceeding arising out of or relating to this ToU shall be instituted in the appropriate court having jurisdiction of the Subic Bay Freeport Zone. All actions and controversies that may arise from the implementation of this ToU shall be submitted to mediation and/or arbitration in accordance with the provisions of Republic Act No. 9285 otherwise known as the "Alternative Dispute Resolution Act of 2004."

Inquiries

We use all reasonable endeavors to protect the interests and security of our clients. If you have an issue or concern with our service please contact us immediately.