Welcome to myPassPH, a solution for managing and tracking of activities and individual encounters in this time of pandemic to help individuals and organizations in complying with the standard health protocols set by the government and aid in contract tracing whenever necessary. myPassPH can be used in contactless logging in of information needed when visiting establishments, including health declaration and contact information. All users of myPassPH, i.e. Individuals, Business Owners and Government Authorities are referred to as “users” or “you”.
Please read this Agreement carefully. Your access and/or use of the Service means you are agreeing to the terms of this User Agreement. If you do not agree with the terms and conditions of this User Agreement, you may not access and/or use the Service.
This User Agreement covers all text, documents, data, statistics, analysis, reports, logs, and all other content, information, and materials (collectively, "Content") available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked, stored, collected, organized, retrieved, downloaded by you and/or other users.
This User Agreement are modified from time to time. You have to check back on this page for any modifications or revisions on the same. Your continued access and/or use of the Services constitute your acceptance of such modifications or revisions.
If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, pursuant to this User Agreement, or posted at various points in the Service, or otherwise communicated to users of the Service (collectively, the "Agreement"), we reserve the right, in addition to other remedies, to terminate, discontinue, suspend, and/or restrict your account/profile, to access and/or use the Service, with or without notice.
We own all intellectual property rights and/or licenses on the Service, its platform and/or software (“Software”). Using our Service does not give you ownership of any intellectual property rights in our Service or Software. You may download the Service only for your own personal, non-commercial use. Copying or reproducing the Software available on this site for further reproduction or redistribution is prohibited, unless permitted by a license agreement from myPassPH. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software.
Using our Service does not give you ownership of any intellectual property rights in our Service or the Content you access. You may not use Content from the Service unless you obtain permission from its owner, or are otherwise permitted by law.
Should you upload, submit, store, send or receive Content using our Service, you retain ownership of intellectual property rights you hold in such Content. However, you give us, and those we work with, license to use, host, store, reproduce, modify, create derivative works, communicate, display, distribute such Content for the limited purpose of operating and improving our Service.
You are solely responsible for all usage or activities on the Service by you and by those you authorize or allow to use, or provide access to, the Service. This includes authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service reside or are accessible. Moreover, you bear sole responsibility for evaluating the merits or risks associated with the use of the Content obtained through the Service.
The Content you obtain or receive on or through the Service, is for informational purposes only. This includes notifications or updates sent to you regarding your use of the Service.
In addition to all other limitations and disclaimers in this User Agreement, we disclaim any liability or loss in connection with the advise or Content obtained on or through the Service.
Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Service, are the views, opinions and responsibility of those who post or provide the Content, which we do not control nor endorse. You acknowledge and agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Service, including Content that violates the Agreement. Therefore, we disclaim any liability with regard to any actions resulting from your participation in any Service, and you agree to waive any claims against myPassPH relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against myPassPH relating to the same.
Without prior written consent, you may not, nor may you enable, authorize, assist, or promote that others, directly or indirectly, do any of the following for any reason:
We reserve the right to take any technical, criminal, civil, administrative, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the said Agreement, to seek damages, including attorney’s fees, to the fullest extent permitted by law.
The Service and its Software are provided “as is” and on an “as available” basis. We exclude any all representations, warranties, express and implied, including but not limited to any warranties of accuracy, reliability, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, or representation, whether oral, in writing or in electronic form.
We do not represent, warrant or guarantee that access to the Service will be uninterrupted, timely, error free, or that there will be no loss of transmitted, stored, uploaded Content, and we will not be liable in the event of any such occurrence.
We are not responsible for incomplete, incorrect, lost, delayed, late, misdirected, or incompletely received communications or messaging from you or users for any reason, including by reason of hardware, software, network failure, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, any form of active or passive filtering by a user’s computer, mobile or other device or access provider, insufficient space on user’s computer, mobile or other device or account/profile, or any other cause or combination thereof.
We shall not be liable for lost profits, revenues, or data, financial losses, direct or indirect, special consequential, exemplary or punitive damages, foreseen or otherwise, arising out of or in connection with the use of the Service or this site or application, and/or allegedly sustained arising out of the Agreement, the Service, access or use thereof, including damage to your computer, mobile or other device, reliance on, any Service or Content available therein. In no event shall our liability to you exceed the amount you paid to use the particular Service.
You agree to defend, indemnify, and hold us free and harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from the access or use of the Service and/or handling, storage, transmission, access, use of the Content. In case any such claims/actions or suits are filed against us, you shall fully pay for the legal services required by us to protect ourselves and shall assume any unfavorable judgment that may be rendered against us.
Regardless of where you access, visit and/or use the Service, the Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to conflict of laws rules. In the event of any dispute arising from or relating in any way to this Agreement or Service, the exclusive venue is Pasay City, Philippines, and you irrevocably agree to submit to the jurisdiction of its proper courts.
If any term or provision of this Agreement is found to be invalid or unenforceable for any reason, it shall be adjusted rather than avoided, if possible, so as best to accomplish the objective of the Parties to the extent possible. In any event, the remaining terms and provisions shall be deemed valid and enforceable. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision, unless in writing, signed by us. Nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.