TERMS AND CONDITIONS

Introduction

Maynakem is made available to you as subject to your compliance with the terms and conditions set forth below the “Terms of Use and Conditions”. By accessing this website, you are agreeing to be bound by the Terms of Use and Conditions. If you do not wish to be bound by the agreement, you may not access the website. 

Every approved Business Loan shall include an E-Commerce website by Maynakem, in partnership with Vidalia Lending Corporation. In this way, we can assist micro, small and medium enterprises (MSMEs) to upgrade their business to the next level by helping them build their online presence which is crucial in our modern day. 

This “Agreement” refers to the terms of this service agreement, as well as other terms that will be displayed to you when you first use specific features or services, as changed by us from time to time. Terms or conditions contained not in a Subscription Agreement or other order documentation countersigned by Customer and us will not be integrated into or constitute any part of this Terms of Service, and all such terms or conditions will be null and invalid, notwithstanding any language to the contrary. 

WEBSITE DEVELOPMENT 

Developer Responsibilities 

  1. Maynakem is responsible for designing, developing, and hosting a website for the customer following the agreement made on (date). 
  2. The schedule for the development of the customer’s website is to be discussed before the effectiveness of the loan agreement. 
  3. Changes to the agreement or any of the specifications of the website shall become effective only when a written request is executed by the owner of the business to the developer (Maynakem). The developer agrees to notify the customer in the event of a possible delay to meet the requirements. 
  4. Maynakem agrees to provide a proper demonstration of how to manage the website virtually. 

         

        USER ACCOUNT 

        If someone other than you has access to your Administrator’s Account, any of your User Account settings, and/or your Administrator’s website, they may perform any actions available to you, including making changes to your User Account, User Account settings, or User Website and accepting any legal terms general therein, making various representations and warranties, and more, and all of these activities will be deemed to have occurred on your behalf and in your name. Notably, our customers will have an access to WordPress Premium Theme.  

        As a result, we strongly advise you to keep your Administrator’s Account log-in credentials private and only give them to people you trust, as you will be solely and fully responsible for all activities that occur under your Administrator’s Account, whether or not specifically authorized by you, as well as any damages, expenses, or losses that may occur as a result of such activities. 

        USER RESPONSIBILITIES 

        1. Comply wholly with all relevant laws and any other contractual terms that govern your use of the Services (and any connected interaction or transaction), including any laws that apply to you, your users, or visitors in any of your geographic areas; 
        2. Save and backup any of your User Content and the information you’re processing about your User Website, including information about your visitors and users, as well as any applications and/or Third Party Services you’re using on a regular and independent basis. 

          You undertake and agree NOT to: 

          1. Copy, modify, make derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile, or disassemble any of the Sites, the Services (or any part thereof), any Content offered by us or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit, or distribute any of the foregoing without our prior written and specific permission. 
          2. Submit, transmit, or display any User Content, or use Licensed Content in a context that could be construed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or otherwise infringes on our or third-party rights (including intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise show any person or entity. 
          3. Publish and/or use the Services or Licensed Content on any website, media, network, or system other than those provided by us, and/or frame, “deep link,” “page-scrape,” mirror, and/or create a browser or border environment around any of the Services, Licensed Content, and/or User Website (or any part thereof) unless we expressly permit it in advance and writing; 
          4. Use any “robot,” “spider,” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data), or to reproduce or circumvent the navigational structure or presentation of any of the Services in any way to obtain or attempt to obtain any materials, documents, services, or information through any means not purposefully made available through the Services; 
          5. Act in a way that could be viewed as detrimental to our goodwill and reputation, or that could bring us into disrepute or injury; 
          6. Purchase pay-per-click keywords (such as Google AdWords) or domain names that contain our name or our Marks, as well as variations and misspellings thereof; 
          7. Impersonate any person or entity, directly or indirectly, or present false information on the Services and/or User Website, or otherwise manipulate your identity or the origin of any communication or transmittal you provide to us and/or any of our other Visitors or Users; 
          8. Falsely say or imply that you, your User Website, your business, your User Products, or any statement you make are endorsed by us or any third party; 
          9. Harvest or collect personally identifiable information about visitors or users of the Services and/or User Website without their express and informed consent, or otherwise interfere with or violate any other User’s right to privacy or other rights, or otherwise interfere with or violate any other User’s right to privacy or other rights; 
          10. By hacking, password mining, or other illegitimate or prohibited means, disable, circumvent, bypass, or otherwise evade any measures used to prevent or restrict access to the Services, User Website, the account of another User(s), or any other systems or networks linked to the Services; 
          11. Probe, scan, or test the Services or any network connected to the Services vulnerability. 
          12. Upload to the Services and/or User Website, or use them in any other way, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; 
          13. Take any action that places an unreasonable or disproportionately large load on the Service’s infrastructure or our systems or networks connected to the Services, or otherwise interferes with or disrupts the operation of any of the Services, or the servers or networks that host or makes them available, or disobey any of the servers’ or networks’ requirements, procedures, policies, or regulations; 
          14. Use any of the Services and/or User Website in connection with spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes,” or other unethical marketing or advertising; 
          15. Except as expressly permitted by this Agreement, you may not sell, license, or exploit any use of or access to the Licensed Content and/or Services for any commercial reasons. 
          16. Remove or change any copyright notices, watermarks, restrictions, or signs indicating our licensors’ proprietary rights, such as copyright marks or trademarks [® or TM] present in or accompanying the Services and/or Licensed Content; or 
          17. Violate, attempt to violate, or otherwise disregard this Agreement, as well as any laws or rules that apply to your use of the Services. 

          You acknowledge and agree that any breach of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your user Account and/or any Services provided to you, with or without further notice, and without any refund of amounts paid on account of any such Services. 

          PAYMENT

          Maynakem has a free version that you can use for your website. However, it must be noted that there is an additional commission per purchase on the client’s website. Currently, we have Xendit as a payment gateway and Lalamove for shipping and deliveries. Use of certain services may be subject to payment of certain Charges (“paid services” or “charges”) determined in our sole discretion. We will inform you of any charges applicable in connection with these paid services. If you wish to use such paid services, you must pay all applicable fees in advance. 

           We reserve the right to change Fees at any time, upon prior notice to you if such changes may affect your existing subscription. If you receive a discount or other promotional offer, we reserve the right to automatically renew your subscription to these services at the full applicable amount without notice. 

           All charges are in Philippine pesos unless otherwise stated in writing by us. To the extent permitted by law (and unless otherwise specified in writing), all charges are subject to all taxes (including VAT, sales tax, goods and service taxes, etc.), obligations imposed by tax authorities or You are responsible for the surcharges (“taxes”) and any applicable taxes related to your use or payment or purchase of the Services. If you impose or need to pay taxes on the fees you are paying, and whether those taxes have been added and collected by you for a previous transaction, those taxes will be paid for the unpaid fees. The account is shown for such transactions that may be added. 

           You authorize us (directly or through our affiliates, subsidiaries, or other third parties) to request and collect payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account as part of registering for or submitting information to receive Paid Services. You also authorize us to make any inquiries we or our subsidiaries or affiliates may deem necessary to validate your designated payment account or financial information (e.g., updated expiry date or card number as may be provided to us by your credit card company). 

           For any payment of Fees or refund made to or by us, we and/or our subsidiary or related entities will issue an invoice or credit memo (the “Invoice”). Each Invoice will be sent to you via your User Account and/or via email, and it will be provided electronically and based on the nation listed in your billing address. You might be needed to provide specific personal information to issue the Invoice to abide by local regulations. Please be aware that the Invoice displayed in your User Account might not meet the requirements of your local laws, in which case it should only be used as a pro forma. 

           To prevent service interruptions or losses due to the expiration of a particular subscription period, the service operates on a regular rate basis and on an auto-renewal basis (especially if explicitly stated in writing). Therefore, we will automatically renew the Service for the same renewal period as the original subscription period for the Service and will automatically charge the fee using the registered payment method. All Maynakem plans have a contract period of at least one month. At the end of each period, this Agreement will be automatically renewed for an additional month unless terminated in writing by either party at least 30 days before the expiration of the current period. 

          For example, if the service has an initial subscription period of one month, each renewal period (if applicable) is one month. Therefore, unless you cancel the applicable service, we will automatically renew such service and charge you the applicable subscription fee when the renewal deadline is reached. To avoid service interruptions or losses due to failure to process renewal fees before the end of the current subscription period, we reserve the right to charge up to two during the next renewal period. (However, there is no obligation). 2) A few weeks before the actual start of such an extended period. If you do not collect the fees you are paying, we may, in our sole discretion (but without obligation), repeat the collection at a later date or suspend or terminate your user account without notice (resumption fees may apply). 

          CANCELLING PAID SERVICES 

          Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Services you use (whether or not such Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible concerning any discontinuation of any Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Services not being subject to automatic subscription renewals such as services connected to a loan. You acknowledge and agree that you shall not have any claims against us about the discontinuation of any Services or Third Party Services, for whatever reason. 

          Please note: Certain services purchased on or through the Services may be non-refundable. These include Third Party Services such as domains, business tools, services, and applications. The terms of each purchased service or application are indicated on the applicable Site and/or as part of or during the process of purchasing such services or applications. You must verify your ability to cancel a service before purchasing it. We will not refund any amounts paid for non-refundable Paid Services, applications, or Third Party Services. In addition, should you select the prepaid option, a zero refund will be granted. 

          COPYRIGHT

          Maynakem holds in high regard the intellectual property rights of others and acts following its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement by submitting the following information in writing to our designated Support Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Maynakem to locate the material (including URL address); 

          (4) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. 

          Our support team can be contacted at the following information: support@maynakem.com 

          Attn: Copyright Support Agent 

          DISCLAIMER OF WARRANTIES 

          We provide the Sites and the Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty, all to the fullest extent permitted by law. We specifically do not represent or warrant that the Sites or Services (or any part, feature, or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product, or service (including any Third Party Services) mentioned on or made available via the Services, so please be sure to verify those before using or otherwise engaging them. 

          We may, at our sole discretion (however we shall have no obligation to do so), screen, monitor, and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice. 

          Notwithstanding anything to the contrary in the foregoing, in no circumstances may we be considered as a “publisher” of any User Content, and we do not in any way endorse any User Content or assume any liability for any User Content uploaded, posted, published or made available by any User or any other party on or through the Services, for any use by any party, or any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing or relying on any User Content. Furthermore, we shall not be 

          liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, and/or any other unlawful and/or infringing Using Content you or any other party may encounter. 

          You acknowledge that there are risks in using the Services and/or connecting and/or dealing with any Third Party Services through or in connection with Services and that we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims. 

          We do not recommend the use of the Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content. 

          LIMITATION OF LIABILITY 

          To the fullest extent permitted by law in each applicable jurisdiction, Maynakem, our officers, directors, shareholders, employees, affiliates, and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Services; and/or (6) events beyond our reasonable control, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. 

          You acknowledge and agree that these limitations of liability are agreed on allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities. 

          INDEMNITY

          You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees, affiliates, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys’ fees) arising from (1) your violation of any term of this Agreement or any other terms applicable to your use of or access to the Site(s) or Services; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of the Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party. 

          CHANGES AND UPDATES 

          Maynakem reserves the right to change, suspend or terminate any of the Maynakem Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Maynakem Services (including removal of any materials created by you in connection with the Maynakem Services) for any reason and/or change any of the Maynakem Terms with or without prior notice – at any time and in any manner. 

          You agree that Maynakem will not be liable to you or any third party for any modification, suspension, or discontinuance of those Maynakem Services. 

          If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees before enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current Maynakem Services without enabling such changes, or provide you with alternative Services. 

          Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site(s), User Account, or elsewhere; (2) by email, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice. 

          Entire Agreement: This Agreement and any other legal or fee notices provided to you by us, shall constitute the entire agreement between you and us concerning the subject matter hereof or thereof, and supersede any prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us and you, including those made by or between any of our respective representatives, concerning any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of us in entering into any of the terms of the Agreement.

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