Terms and
Conditions
By using SWIFTPASS ("Service"), which consists of the SWIFTPASS Mobile
Application, Web app,
these terms will automatically apply to you. You should, therefore, ensure that you read them
carefully before using the Service. These Terms also apply to all users and to those who wish to
access or use SWIFTPASS.
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Intellectual Property
You are not allowed to copy, or modify the Service, any part of the Service, or any E-
Science trademarks in any way. You are not allowed to attempt to extract the source code of
the Service Components, and you also should not attempt to translate the Service into other
languages, or make derivative versions. The Service itself, and all the trademarks, database
rights and other intellectual property rights related to it, belong to E-Science.
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Changes
E-Science is committed to ensuring that the Service is as useful and as efficient as
possible. For these reasons, we reserve the right to make changes to the Service or to
charge for it, at any time and for any reason.
The system requirements for the platforms that the Service is made available in (and for any
additional systems we decide to extend the availability of the Service to), may change, and
you will need to download the updates if you want to keep using the Service. E-Science does
not promise that it will always update the Service so that it is relevant to you and/or
works with the OS or browser version that you have installed on your device. However, it is
assumed that all users will accept updates to the Service when available.
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Security
SWIFTPASS stores and processes personal data that you have provided to us, in
order to
provide our service. It is your responsibility to keep your devices and access to the mobile
secure. We therefore recommend that you do not remove software restrictions and limitations
imposed by the official operating system of your device.
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Mobile Device Resources
You should be aware that there are certain things that E-Science will not
take responsibility for. Certain functions of the Service will require an active internet
connection. The connection can be Wi-Fi, or provided by your mobile network provider, but
E-Science will not take responsibility for the Service not working at full functionality if
you
do not have access to an internet connection, nor if you do not have any of data allowance
left.
Along the same lines, E-Science cannot always take responsibility for the way you use the
Service i.e. You need to ensure that your device stays charged – if it runs out of battery
and
you cannot turn it on to avail of the Service, E-Science cannot accept responsibility for
such
situations.
The Service may be subject to limitations, delays, and other problems inherent in
the
use of the internet and electronic communications including the device used by you or the
third
party device provider being faulty, not connected, out of range, switched off or not
functioning. We cannot be responsible for any delays, delivery failures, damages or losses
resulting from such problems.
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Data Charges
If you are using the Service outside of an area with
Wi-Fi, you should remember that your terms of agreement with your mobile network provider
will
still apply. As a result, you may be charged by your mobile provider for the cost of data
for
the duration of the connection while accessing the Service, or other third party charges. In
using the Service,
you are accepting responsibility for any such charges, including roaming data charges if you
use
the Service outside of your home territory (i.e. region or country) without turning off data
roaming. If you are not the bill payer for the device on which you are using the Service,
please
be aware that we assume that you have received permission from the bill payer for using the
Service.
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Accounts
You may be required to create an account with email or phone number or username
to use certain features on the Service. You agree to provide, maintain and update true,
accurate, current and complete information about yourself as prompted by the registration
process. You may not impersonate any person or entity or misrepresent your identity or
affiliation with any person or entity, including using another person’s username, password,
or
other account information.
We may refuse service, terminate accounts, remove or edit content, or
cancel orders at our sole discretion for reasons not limited to fraud or an unauthorized or
illegal activities that are suspected.
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Using the Service on behalf of an Establishment/Service Provider
Establishments and/or Service Providers such as hospitals, restaurants and other
businesses may avail of the Service. To use the Service on behalf of an Establishment/Service
Provider, an authorized representative of that Establishment/Service Provider must agree to
these terms. By registering and using this Service, you will be considered as either the Service
Provider or an authorized representative of the Establishment/Service Provider.
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Disclaimer
The Service is provided on an AS IS" and "AS AVAILABLE" basis. The Service is provided without
warranties of any kind, whether express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, non- infringement or course of
performance.
E-science and its subsidiaries, affiliates do not warrant that a) the Service will
function uninterrupted, or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful components; or d)
the results of using the Service will meet your particular requirements.
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Termination
We may also wish to stop providing the Service, and may terminate use of it at any time without giving
notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights
and licenses granted to you in these terms will end; (b) you must stop using the Service, and
(if needed) delete it from your device.Changes to this Terms and ConditionsWe may update our
Terms and Conditions from time to time. Thus, you are advised to review this page periodically
for any changes. E-Science reserves the right to change and update this terms and conditions
statement without giving prior notice.
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Indemnification
You agree to defend, indemnify and hold
harmless E-science, its entities, employees, contractors, agents, officers and directors, from
and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses resulting from or arising out of a) your use and access of the Service, by you or any
person using your account and password; b) a breach of these Terms, or c) Content posted on the
Service.
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Limitation of Liabilities
E-Science accepts no liability for any loss, direct or indirect, you experience as a result of
relying wholly on this functionality of the Service.
In no event shall E-Science, nor its
directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without limitation, loss of
profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or
use of or inability to access or use the Service; (ii) any conduct or content of any third party
on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use
or alteration of your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been informed of the
possibility of such damage, and even if a remedy set forth herein is found to have failed of its
essential purpose.
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Governing Law
These Terms shall be governed in accordance with the laws of the
Philippines, without regard to its conflict of law provisions.
Our failure to enforce any right
or provision of these Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement between us regarding
our Service, and supersede and replace any prior agreements we might have had between us
regarding the Service.