Terms of Service

Please read these Terms of Service (the “Agreement”) carefully before accessing or using (i) the AEC website (the “Website”) with all its contents and such other new features that may be added subsequently to the Website, and (2) the various services made available through the Website, including but not limited to those set forth in paragraph 2(i) of this Agreement (collectively, the “Service”). It is understood that upon your submission of the registration form to AEC electronically, you agree to be bound by all the terms and conditions set forth below. Should you not accept these terms and conditions, you will not be able to access or use the Services. Ayala Corporation may, at any time, revise this Agreement, and such revisions shall be effective immediately upon posting on the website. Your continued access or use of the Service shall be deemed to be your conclusive acceptance of the Agreement and its revisions, if any.

  1. USE OF THE SERVICE

    You understand that, except for information, products, or services clearly identified as being supplied by Ayala Corporation and/or its subsidiaries, affiliates or associates as well as their investee companies (collectively, the “Ayala Group”), the Ayala Group does not in any way operate, control, or endorse any information, products, or services on the Website. Except for the Ayala Group’s identified information, products, or services, all other information, products, and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with the Ayala Group.

    You understand that Ayala Corporation cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses, malware, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You therefore assume total responsibility and risk for your use of the Service and the Internet.

    You understand that the Internet contains unedited materials, some of which may be offensive to you. You further understand that Ayala Corporation has no control over and accepts no responsibility whatsoever for such materials. You may access such materials at your own risk.

    Ayala Corporation does not make any express or implied warranties, representations, or endorsements whatsoever with regard to the Service, any merchandise, information, or service provided through the Service or on the Internet generally, and as such, Ayala Corporation shall not be liable for any warranty claim and/or any cost or damage arising either directly or indirectly from any such use or availment. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the Service or on the Internet generally.

    Ayala Corporation does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an “as is, as available” basis.

    In no event shall Ayala Corporation be liable for:

    1. any and all damages including but not limited to, direct, indirect, incidental, or consequential damages including but not limited to loss of profits or loss of business (even if previously apprised thereof) arising out of the use of or inability to use the Service or any information, or transactions provided on the Service or downloaded or hyper-linked from or to the Service even if Ayala Corporation or its representatives have been advised of the possibility of such malfunction/breakdown of the Service; or
    2. any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through or hyper-linked from the Service.

  2. MEMBER CONDUCT

    As a condition of your use of the Service:

    1. you are required to create an account with a unique user identification and password and to provide your complete name, your contact number, your affiliation or relationship with the business entity you are registering, your birthdate, and your company profile (consisting of business name, business entity government identifier (such as, identification numbers with the relevant government entity), industry classification of the business entity, business entity’s contact number, business entity’s email address, business entity’s office address, business entity’s size (i.e. number of employees) as well as identifiers within the Ayala Group including, but not limited to, the business entity’s BPI account number, or the business entity’s Globe account or mobile number), and you agree to have such information be used for the following purposes:
      1. to verify your identity as well as to evaluate and process your application with AEC;
      2. to allow you to enjoy the AEC membership benefits;
      3. to customize or tailor your experience;
      4. to analyze how you use the Website, to improve and/or to enhance the Website and/or develop new features, products or offers;
      5. to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, technology development and/or profiling);
      6. to create and/or improve Ayala Group products;
      7. to utilize the information for lead generation for the Ayala Group;
      8. to be used potentially to improve the Know Your Customer process by the Ayala Group companies;
      9. to create a business directory listing all AEC-registered business enterprises for dissemination within the Ayala Group and among the AEC members;
      10. to develop a community and/or organization of business enterprises;
      11. to manage, operate, provide and/or administer your use of and/or access to the Website;
      12. to send you marketing information;
      13. to comply with the requirements of applicable laws;
      14. to perform audits on the Website and to prevent or investigate any fraud, unlawful activity, omission or misconduct committed;
      15. to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of the Philippines; and
      16. to potentially develop other means of engaging with you including but not limited to mobile applications and chat-bots.
    2. You warrant that, in case of any change in the submitted information, you shall immediately update your account details; otherwise, communication sent to the last correspondence details and to the last identified contact person shall be deemed to have been received by you.
    3. you warrant to Ayala Corporation that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided primarily for the benefit of companies with or intending to have a commercial relationship with the Ayala Group;
    4. you agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions that occur through the use of your account or password, including the content of your transmissions through the Service;
    5. you represent that you possess the legal capacity, right and ability to enter into this Agreement, and you are an authorized representative of the company identified in the company profile; and
    6. you represent and warrant that any and all information you provide are true and correct.
    7. You agree that Ayala Corporation may, at its sole discretion, terminate your membership in AEC and restrict you from continuing to use the Service, should you be found to have violated any of your obligations and representations and warranties under this Agreement.

  3. INDEMNIFICATION

    You agree to indemnify, defend, and hold free and harmless, Ayala Corporation, its subsidiaries, affiliates and associates, and their respective officers, directors, employees, and agents, from and against all losses, expenses, damages, and costs, including reasonable attorneys` fees, resulting from any violation of this Agreement by you.

    You shall hold Ayala Corporation free and harmless from suit or action arising from improper use or unlawful exposure of data, and unauthorized intrusion into the site by third parties.

  4. THIRD PARTY RIGHTS

    The provisions of paragraphs 1 (Use of the Service), and 2 (Indemnification) are for the benefit of Ayala Corporation, its subsidiaries, associates and affiliates, and their officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

  5. INFORMATION MADE AVAILABLE

    You understand that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any opinion, advice, services, or other information provided on the Website. While the information provided on the Website is believed to be reliable when posted, the Ayala Group cannot guarantee that information will be accurate, complete, and current at all times. Furthermore, the information on the Website and the Service may be changed or updated at any time without notice.

  6. DISCLAIMER

    The information, services, products, and materials contained in this website, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Ayala Corporation disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Ayala Corporation does not represent of warrant that the information accessible via this website is accurate, complete or current.

    Any use or distribution of materials on the Website without the prior written permission of Ayala Corporation is strictly prohibited.

  7. MEMBER CONDUCT

    As a condition of your use of the Service, you warrant to Ayala Corporation that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only.

    You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

    1. use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
    2. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    3. publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
    4. advertise or offer to sell or buy any goods or services for any non-personal purpose;
    5. harvest or otherwise collect information about others, including email addresses, without their consent;
    6. create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
    7. use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under this Agreement;
    8. transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
    9. transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
    10. interfere with or disrupt networks connected to the Service or violate the regulations, policies, or procedures of such networks;
    11. attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, through password mining or any other means;
    12. violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through the Service;
    13. interfere with another member`s use and enjoyment of the Service or another individual`s or entity`s use and enjoyment of similar services.