These terms and conditions (“Terms of Use”) constitute a legally binding agreement made between you (“you”, “your”) and MetroPac Water Investments Corporation (the “Company”, “we”, “us”, or “our”), concerning your access to and use of this website, as well as any features or services we  may provide through this website (collectively, the “Site”). You agree that by using the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with (or cannot comply with) the Terms of Use, then you may not access or use the Site. 

You represent and warrant that you are of minimum legal age or at least 18 years of age, and have the legal capacity and authority to bind yourself to these Terms of Use and agree to be bound by the terms hereof. 

The Company reserves the right to deny or revoke access to the Site or any part thereof, to any person, at any time in its sole discretion, with or without cause. The Company may report to law enforcement authorities any action that may be illegal, and any report it receives of such conduct.  When legally required, the Company will cooperate with regulatory, judicial, or law enforcement agencies in any investigation of alleged illegal activity conducted or carried out in accessing the Site or through the use of the Site. 

1. Acceptance of Terms of Use 

These Terms of Use set out the legally binding terms of your use of and access to the Site. By using the Site, you acknowledge that you have read and understood, and you accept and agree to be bound by the terms, conditions, and notices contained or referenced in these Terms of Use. 

2. Access and Use of the Site 

You will access and use the Site only for legitimate and lawful purposes, and in accordance with these Terms of Use, including the terms of the Privacy Policy (as defined in Section 4), and you will ensure that any information you provide to us in accessing the Site or through using the Site is true, accurate, current, and complete. 

3. Privacy Policy 

The Company’s Privacy Policy (the “Privacy Policy”), as may amended from time to time and may be accessed through the Site, is hereby incorporated by reference to these Terms of Use. The Privacy Policy explains how we use the information you disclose to the Company in accessing and using the Site. The Company takes utmost care to never disclose your data and information, except upon your request, or if the same is necessary to comply with legal, statutory, or investigative law enforcement requirements, or as otherwise provided in the Privacy Policy.  

4. Changes to the Terms of Use 

Supplemental terms and conditions and/or documents to these Terms of Use shall be posted on the Site from time to time and are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to amend these Terms of Use at any time and for any reason. All changes shall take effect seven (7) days after the date on which we posted the amended Terms of Use on the Site. If you do not agree with any aspect of the amended Terms of Use, you must immediately cease accessing or using the Site. 

5. Intellectual Property 

The Site and all proprietary and intellectual property rights therein are and shall be owned by the Company. All rights reserved. 

6. Term and Termination 

The Terms of Use take full force and effect on the date on which you commence accessing or using the Site, whichever is earlier, and shall continue unless your access or use of the Site is terminated  or restricted in accordance with the Terms of Use. We reserve the right to terminate or restrict your access to or use of the Site at any time and for any reason. 

7. Force Majeure 

We shall not be responsible for damages, delays, or non-performance of the Site resulting from  acts or occurrences beyond our reasonable control, including, but not limited to, fire, lightning,  explosion, power surge or failure, flood, typhoon, acts of God, epidemic, pandemic, government imposed quarantines, war, revolution, civil commotion or acts of civil or military authorities or  public enemies; any law, order, regulation, ordinance or requirement of any government or legal  body or any representative of any such government or legal body; or labor unrest, including,  without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials,  transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 

8. Third-Party Sites 

The Site may include links to other websites that are not owned by the Company (“Third-Party Sites”). You agree to hold harmless and release the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, and representatives from any claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of Third-Party Sites. 

9. General Provisions

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of each Section. 

Our failure to act with respect to a breach of these Terms of Use by you or other user does not waive our right to act with respect to subsequent or similar breaches. 

Sections 11 (Limitation of Liability) and 12 (Indemnity) shall survive any termination or expiration of these Terms of Use, and your access and/or use of the Site. 

10. Disclaimer of Warranties 

You acknowledge and agree that you access and use the Site at your own risk. The Site is provided on an “as is” and “as available” basis, without warranties of any kind, and to the maximum extent permitted by law, the Company, its officers, directors, employees, agents, subsidiaries, and affiliates, disclaim all warranties express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that you will be able to access or use the Site at the times or locations of your choosing; that access or use of the Site will be uninterrupted or error-free, reliable, accurate, timely, useful, adequate, complete or suitable; that defects in the Site will be corrected; or that the Site is free of viruses or other harmful components. 

11. Limitation of Liability 

We shall not be liable to you for any indirect, incidental, consequential, special, punitive, remote  or other similar damages, including, but not limited to, loss of revenues, lost profits, lost data, or  business interruption or other intangible losses (however such losses are qualified), arising out of  or relating in any way to these Terms of Use, the access and/or use of the Site, whether based on  contract, tort or any other legal theory, and whether or not the Company has been advised of the  possibility of such damages.  

In the event of any problem with the Site, you agree that your sole remedy is to cease access and/or use of the Site. 

12. Indemnity 

You agree to defend, indemnify, and hold the Company, its parent, subsidiaries, affiliates, officers,  employees, agents, partners, and licensors harmless from any losses, costs, liabilities, claims,  causes of action, and expenses (including reasonable attorneys’ fees) relating to or arising out of,  directly or indirectly: (a) your access to and use of, or inability to access or use, the Site; (b) your  violation of these Terms of Use; (c) your violation of any rights of a third party, including any user of the Site; or (d) your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this Section will survive the termination of these Terms of Use, or your access to or use of the Site. 

13. Assignment

You acknowledge and agree that the Company may assign its rights and obligations under these Terms of Use without notice to you. You shall not assign your rights and obligations under these Terms of Use without the prior written consent of the Company (such consent may be withheld or conditioned, at our sole discretion). Any assignment without our prior written consent shall be null and void and of no effect. 

14. Dispute Resolution and Governing Law 

These Terms of Use shall be governed by and construed in accordance with the laws of the Philippines without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the proper courts of Makati City, Philippines.  

You agree that we may elect to resolve the dispute in a cost-effective manner through arbitration in Makati City, Philippines under the rules of the Philippine Dispute Resolution Center then in force, using the English language. Any arbitration award shall be final and binding upon the parties and may be enforced by judgment of a competent court having jurisdiction. 

15. Entire Agreement and Severability 

These Terms of Use shall constitute the entire agreement between you and the Company concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.