Terms of Use 

Welcome to https://www.gmanetwork.com/kapusofoundation/, a website operated by GMA Kapuso Foundation Inc. (“GMAKF”), a non-stock, non-profit, and non-government organization engaged in public service and charity works. The following is a legal agreement between GMAKF and you. By accessing this site or by purchasing the GMAKF E-Card (“E-Card”), you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

Privacy Policy

You hereby explicitly consent to the collection, use and transfer, in electronic or other form, of the personal information you will provide to or will be required of you by GMAKF for the purposes of implementing, administering and completing your purchase. GMAKF may process certain personal information about you, including, but not limited to, your name, home address, contact information and other identification details (“Personal Data”). You understand that Personal Data may be transferred to any third parties assisting in the implementation, administration and completion of the purchase, and that these recipients may be located in the Philippines or elsewhere. You hereby authorize GMAKF to receive, possess, use, retain and transfer your Personal Data, in electronic or other form, for the purposes of implementing, administering and completing your purchase, in accordance with the provisions of Republic Act No. 10173 also known as The Data Privacy Act of 2012. You understand that GMAKF will retain the Personal Data only as long as is necessary to implement, administer and complete your purchase, and for a period of at least five (5) years in the event of any dispute concerning your purchase. You understand that you may, at any time, view Personal Data, request additional information about the storage and processing of Personal Data, require any necessary amendments to Personal Data or refuse or withdraw the consents herein, in any case without cost, by contacting in writing GMAKF. 

Permission to Use Content

GMAKF grants you a limited license to access and make personal, noncommercial use of the Site and the E-Card, and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of GMAKF or where expressly permitted. You agree not to use this Site or the E-Card for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the E-Card to defraud or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such E-Card to each recipient. In order to purchase the E-Card, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

Site Services

GMAKF may change, suspend or discontinue any aspect of the Site and the E-Card at any time, including the availability of any feature or content. GMAKF may also impose limits on certain features and services or restrict your access to parts or all of the Site and the E-Card without notice or liability.

Copyright

All content included on this Site, such as designs, text, graphics, logos, icons, photos, products, is the property of GMAKF, or its content suppliers or licensors and is protected by copyright laws of the Philippines. The compilation of all content on this Site is the exclusive property of GMAKF. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of GMAKF. This prohibition includes, but is not limited to, the use of any proprietary GMAKF designs and/or characters on any website, in emails, or in other media without express written permission from GMAKF.

User Conduct

To access many features on the Site, and to purchase the E-Card, you may be required to create an account with GMAKF. Any personal information you provide in connection with your account will be covered by our Privacy Policy. 

You agree that any information you provide to GMAKF is truthful and accurate, and complete including the name or identity of the sender/recipient of the E-Card. You agree to not use GMAKF to upload, post, email, send, or initiate the sending of the E-Card or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to the Site; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify GMAKF for all claims resulting from any content you supply. 

You acknowledge that GMAKF is not obligated to prescreen content submitted by users, but that it shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via the Site or to refuse to accept content for use in the E-Card by any user that violates these terms or is otherwise objectionable in GMAKF's sole reasonable judgment. 

You also acknowledge and agree that GMAKF may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of GMAKF, Site users and the public.

You may not use any automated program or script to automate the process of sending or viewing any of the content on this Site. GMAKF reserves the right to limit, in its sole discretion, the number of E-Cards that you may send or the number of recipients to which you send the E-Cards.

Purchase of E-Cards

You agree to pay all fees and charges incurred through your purchase of the E-Cards at the time of purchase. You agree that once payment has been completed, and the E-Card has been sent to its recipient, GMAKF will no longer entertain any complaint for refund for reasons due solely to you. 

Further, you warrant that the purchase/s made using the debit or credit card are conclusively presumed to have been personally made or authorized by you or the Cardholder. GMAKF reserves the right to cancel any purchase in the event GMAKF is of the suspicion that the debit/credit card used was obtained fraudulently or is used without the consent of the Cardholder. 

Limitation of Liability

Under no circumstances, including but not limited to its own negligence, shall GMAKF be liable for any direct, indirect, consequential, special or exemplary damages that result from the use of, or the inability to use, the Site. In no event shall GMAKF's total liability to you for all damages, losses and causes of action (whether in contract, tort including but not limited to negligence or otherwise) exceed the amount paid by you, if any, for purchasing the E-Card.

E-Card Information Disclaimer

It is GMAKF’s intent to provide the most accurate and up-to-date information available throughout the Site and in its communications with you. Occasionally, information on the Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. GMAKF reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your purchasehas been submitted. We apologize for any inconvenience this may cause you. 

Changes to Terms and Conditions

GMAKF may revise, modify, or amend these Terms of Use at any time. Any such revision, modification, or amendment shall take effect when it is posted on the Site. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes. 

Communications and Consent to Electronic Notices

You may communicate with GMAKF through the given contact information below. GMAKF may issue notices via various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect. You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that GMAKF may send. 

Contact Us

If you have questions regarding these Terms and Conditions, you may call GMAKF at 8 982 7777 local 9903 or e-mail at gmaf@gmanetwork.com.

Unsolicited Submissions

GMAKF welcomes comments regarding the E-Card and its Site. It is GMAKF's policy not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. If, you send creative suggestions, ideas, notes, drawings, concepts or other information for use in the E-Card, GMAKF has the sole reasonable discretion to allow its use on the E-Card. GMAKF shall not be liable or owe any compensation for any use or disclosure of such information.

Termination

In the event you violate these Terms of use, in GMAKF's sole discretion, GMAKF may at any time, cancel your purchase, in addition to all other legal rights and remedies available to it.

Likewise, GMAKF has the sole option to decline any purchase of the E-Card pursuant to applicable laws, rules and regulation. 

Disputes and Jurisdiction

Your purchase shall be subject to all the laws, rules and regulations of the Republic of the Philippines, its agencies and instrumentalities and other competent authorities.  In case any portion hereof is declared or interpreted to be inconsistent with or contrary to such laws, rules or regulations and therefore null and void or unenforceable, the remaining portion not so adversely affected shall remain valid and binding and the same shall be interpreted and construed to carry out the spirit and intention of this agreement.

You agree to refer any dispute, controversy or claim arising out of or relating to your purchase to arbitration in accordance with Republic Act No. 876 otherwise known as “The Arbitration Law”, as amended by Republic Act No. 9285 or the “The Alternative Dispute Resolution Act of 2004”. In such event, the decision of the arbitral tribunal shall be final and executory. However, you or GMAKF may consider referring any dispute, controversy or claim, to the courts of competent jurisdiction of Quezon City, to the exclusion of all other courts, instead of going through arbitration.