This Agreement constitutes a legal agreement between you ("you" or "User" or "Customer" or "Service Provider") and Katabang Inc. ("Katabang" or "us"). This agreement governs your use of our services and platform that facilitate communications between Users offered through our website located at www.katabang.com, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps and all related technologies that may be offered by Katabang in the future are collectively referred to as the "Katabang Platform".
By using or registering with the Katabang Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the Katabang Platform. Katabang's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Katabang Platform, you represent and warrant that; (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
• Your agreement that the Katabang Platform is provided "as is" and without warranty
• Your agreement that the Katabang Platform is solely a communications platform providing a method for Professional, Household and Domestic Services to be booked, that all Services are provided and performed by third parties, and that Katabang has no liability for or relating to any of the Services or any acts or omissions of third parties, with the exception of guarantees related to promotional offers that Katabang may offer from time to time, and for a limited period as so defined
• Your agreement that in cases involving money-back claims against Katabang for whatever reason, that the claim is limited to Payments paid by Customers net of any variable out-of-pocket expense related to the transaction (including but not limited to insurance premiums, and payment gateway fees)
• Your agreement to release Katabang from liability based on claims relating to Services and otherwise, and your agreement to the limitation of time within which a claim can be brought
• Your agreement to indemnify Katabang from claims due to your use or inability to use the Katabang Platform and/or Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Katabang Platform
• Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim against Katabang
• Your agreement that no claims can be adjudicated on a class basis
• Your consent to any modifications or amendments to this Agreement
The Katabang Platform is solely a venue for communications enabling the connection between the users who wish to request for Services ("Customers") and/or individuals seeking to provide services ("Service Providers"). Customers and Service Providers together are referred to as "Users". Those certain services requested by the Customers, which are to be performed and completed by the Service Providers, are hereinafter referred to as "Services" (which may include professional services, household services or domestic services). Katabang DOES NOT itself provide any of these Services. The performance and provision of such Services is up to the Service Providers, and those Services may be scheduled through the use of the Katabang Platform. Katabang, through the Katabang Platform, offers information and a method to obtain such Services, but does not and does not intend to provide such Services itself or act in any way as a cleaning, handyman, plumber, babysitter, oldsitter, or other household related service provider, and has no responsibility or liability for any Services provided to the Customer by Service Providers, including but not limited to, a warranty or condition of good and workmanlike services, warranty of fitness for a particular purpose or compliance with any law, regulation, or code.
Katabang checks the backgrounds of Service Providers via a third party background check services provider. However, each Customer should exercise due caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. By the using the Katabang Platform, the Customer agrees to hold Katabang free from the responsibility for any liability of damage that might arise out of the Services. Katabang is not responsible for the conduct, whether online or offline, of any user including Service Providers, and will not be liable for any claim, injury or damage arising in connection with any of the Services.
? Katabang (insurance)...
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Katabang Platform. You are solely and fully responsible for all activities that occur under your password or account except that Katabang may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Katabang has no control over the use of any User's account (Customer's account or Service Provider's account) by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect any other breach of security, you must contact us immediately at email@example.com. Nothing in this section shall affect Katabang's right to limit or terminate the use of the Katabang Platform, as provided below (and in this Agreement).
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Text Messages and Phone Calls. By providing your telephone number (including mobile phone number) and using the Katabang Platform, we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (also known as SMS) messages, in order to assist with facilitating the requested Service. Standard call of message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you.
e. Emails. Katabang may send you confirmation and other transactional emails regarding the Service. Handy may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
a. Payments. Users of the Katabang Platform contract for Services directly with other users or Service Providers. Katabang is not a party to any contracts for Services. The Katabang Platform facilitates these contracts by supplying a medium through which Customers can connect with Service Providers, schedule Services, and make payments for these Services ("Payments"). Customers are obligated to pay in advance for the Services they order through the Katabang Platform. We will charge the Customer's credit card, GCash account, PayPal account , DragonPay account or any other payment gateway accounts the Customer has selected to complete payment, according to the amount the Customer has agreed to on the Katabang Platform, with respect to all Services, the Customer has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Service, and the Customer hereby authorizes us to charge the credit card, GCash account, PayPal account, DragonPay account or any other payment gateway accounts the Customer has selected to complete payment, which is on file in the Customer's Katabang Platform account for such amounts. We will use third party services to facilitate payment to be done through some payment gateways. We retain the right in our sole discretion, to place a hold on the Customer's credit card or any payment gateway account for an ordered or completed Service transaction. Seventy-two (72) hours after a Service has been rendered, if there is no complaint by the Customer, we will mark the Service as closed.
If the Customer has agreed with the Service Provider to reduce the number of hours, no Payment in part or whole will be reimbursed. It is the responsibility of the Customer to inform Katabang of the reduced number of hours while Service is in progress, and for Katabang to inform the Service Provider. This prevents miscommunication between the transacting parties (Customer and Service Provider).
If the Customer has agreed with the Service Provider to extend the number of hours, provided that there is no conflicting Service schedule that will be affected, the Customer need to communicate with Katabang and a pro-rated fee will be charged in addition to original Payment made on the Katabang Platform.
Both the Customer and the Service Provider may communicate with Katabang through the Katabang Platform or by emailing firstname.lastname@example.org.
All Payments made by Customers must be made through the Katabang Platform. Any Payments paid outside of the Katabang Platform are not subject to any claims (promotional or otherwise), and Katabang will not be held responsible nor can be constrained to credit the said Payment (to both Customers --- as payment, and to Service Providers --- as creditable income), until such time that it is duly accepted and received by a Katabang personnel.
Where the Customer may opt to use a credit card to settle Payments, Katabang does not handle your credit card information directly. Even so, we will use any commercially reasonable efforts to ensure the security of all credit card, payment account information, and all other personal information. We also expressly disclaim any liability for any damage that may result should any information be released to and through any third parties, and you agree to hold us harmless for any damages that may result therefrom. Customers will be liable for all transaction taxes on the Services provided (such as VAT if any, other than taxes based on Katabang's income).
b. Service Rate. The rate per hour or per transaction for a Service ("Service Rate") depends on factors such as location and how frequently a Recurrent Service is ordered. Therefore, the same Service may cost more (or less) in a different location or in the Service Provider is ordered less frequently.
c. Recurrent Service. When requesting a Service, Customers may have the option of choosing that the Service be repeated on a regular basis ("Recurrent Service"). For example, a Customer may choose that a cleaning be performed every two weeks. When a Customer chooses a Recurrent Service, Katabang will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by the Customer. The Customer's credit card or payment gateway accounts will be charged for the Recurrent Service as the Service appointments occur and for any applicable cancellation fees. Katabang cannot guarantee that the same Service Provider will be scheduled for each Recurrent Service appointment or that Recurrent Service appointments will not be cancelled.
d. ? Claims and Limited Liability Insurance. Katabang imputes a minimal insurance premium to every transaction Payment. Any claims, liability, damage, injury, or any other cost arising from or in connection with the Service or the process of rendering the Service shall be limited to the maximum coverage of this transactional insurance coverage. This insurance is applicable to both parties of the transaction, the Customers and the Service Providers.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or us.
b. Termination by Katabang. We may terminate this Agreement or terminate or suspend your right to use the Katabang Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Katabang Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that terminate or suspend your right to use the Katabang Platform due to any Prohibited Conduct, we will refund in full any payments for Services booked on Katabang or Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Katabang may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Katabang Platform (provided that there are no outstanding Services ordered under your password or account) and by closing any account you have opened on the Katabang Platform. If you attempt to terminate this Agreement while there are still outstanding Services ordered under your password or account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by Katabang.
d. Policy for Service Cancelation by the Customer. Katabang's policy for specific Services is as follows: Customers may cancel their scheduled Service appointments through the Katabang Platform at any time, subject to the following. If a Customer cancels more than 24 hours before a scheduled Service appointment, there is no cancelation fee. If a Customer cancels between 2-24 hours before a scheduled Service appointment, the Customer will be charged a $5 (or its local currency equivalent according to Katabang's rounded off exchange rate) cancelation fee. If the Customer cancels within the 2 hours before the scheduled Service appointment, the Customer will be charged the full Service Rate amount. This cancelation policy applies to both one-time Service bookings and to recurring Service appointments. A Service appointment may only be canceled through the Katabang Platform.
e. Policy for Service Cancelation by the Service Provider. When a Service Provider cancels a scheduled Service appointment, the Katabang Platform generally notifies the Customer and makes the Customer's Service request available for another Service Provider to select. However, Katabang cannot guarantee that a canceled Service appointment will be selected by another Service Provider and rescheduled or that the Service request will be completed. Service Providers who cancel a scheduled Service appointment may incur fees as provided in the Service Agreement.
The Katabang Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively "Community Areas"). All submissions made to Community Areas within the Katabang Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Katabang Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information; (a) will comply at all times with this Agreement, including but not limited to the Rules for Use of the Katabang Platform (below Section 8), and with Personal Information and User Accounts (above Section 2); and (b) will not create any liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the Katabang Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Katabang Platform. We reserve the right to remove posting from Community Areas in our sole discretion.
During the term of this Agreement, Customers may use the Katabang Platform for their personal use only --- your personal use only --- (or for the use of a person, including a company or other organization that you validly represent). Customers may use the Katabang Platform to book Services solely with respect to a location where the Customer is legally authorized to have Services performed. Customers may not use the Katabang Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Customers agree that an order for Services via the Katabang Platform is an offer, which is only accepted when the Customer receives the confirmation of the order. Customers agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to Service Providers to enable them to complete the service satisfactorily. Customers agree to communicate any complaints to us and not to the Service Providers. Customers acknowledge that their selected Service Provider may be unavailable from time to time, e.g. due to illness, vacation, another scheduled engagement, or any other valid reason. Service Providers agree to provide Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall not use the Katabang Platform (including but not limited to any Community Areas) to do any of the following:
a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
b. Upload files that contain software or other material violates the intellectual property rights or rights of privacy or publicity of any third party.
c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d. Post a review or a rating unless such review or rating contains your independent, honest, and genuine opinion.
e. Use the Katabang Platform or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to Services offered through the Katabang Platform. You may not solicit, advertise for, or contract in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Katabang Platform without the express written permission from us.
h. Use the Katabang Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k. Post the same note repeatedly (referred to as “spamming”). Spamming is strictly prohibited.
l. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Katabang Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m. Restrict or inhibit any other User from using and enjoying the Katabang Platform.
n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Katabang Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Katabang Platform in any manner, or attempt to do any of the foregoing.
p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
q. Upload content that is offensive and/or harmful, including, but not limited to, content, that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the Katabang Platform under different usernames or identities, after your account has been suspended or terminated.
t. Mirror or archive any part of the Katabang Platform or any content or material contained on the Katabang Platform without Katabang’s written permission.
Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of Katabang. You acknowledge that we do not supervise, direct, or control a Service Provider’s work or Services performed in any manner. Service Providers may wear a Katabang badge or identification card or other insignia purely for the purpose of identifying themselves as a Service Provider contacted through the Katabang Platform. Katabang is not an employment service and does not serve as an employer of any Service Provider. As such, we will not be liable for any tax or withholding, including but not limited to 13th month pays and other statutory employment benefits, employer’s liability, social security or payroll withholding tax in connection with your use of Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.
a. Sole Discretion on Promotions. We may from time to time provide certain promotional opportunities to both or either Customers and Service Providers. All promotions will be run at our sole discretion, and can be activated, modified, or removed at any time by us without advance notification.
b. Referral Credits. In the event that you are given a code through which you may refer a friend to the Katabang Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us and in our sole discretion. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, please email email@example.com.
c. Gift Cards and Vouchers. Katabang gift cards (“Gift Cards”) and vouchers or promotional codes and coupons for special offers or discounts (“Vouchers”) (individually, “Card”, or together, “Cards”) may be available and can be used in part or in full for Services. Card must be presented at the time of purchase and available balance will be applied to your purchase. Card does not expire and there are no fees associated with use of Card.
e. Unused Cards. Gift Cards have no cash value and are not redeemable for cash.
The Katabang Platform and the information, data, content, and materials, which it contains (“Katabang Information”), are property of Katabang and/or its affiliates and licensors, excluding User-generated content, which Katabang has a right to use as described in this Agreement. The Katabang Information are protected from unauthorized copying and dissemination by International, National and local jurisdiction copyright laws, trademark laws, international conventions, and other intellectual property laws. Katabang and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Katabang Information. Any use of Katabang Information, other than as expressly permitted herein, is prohibited without the prior written permission of Katabang and/or the relevant right holder. The service marks and trademarks of Katabang, including without limitation Katabang.com (and all relevant variations of this URL domain-registered by Katabang), its logos, handbooks, operating manuals and procedure handbooks, are service marks owned by Katabang. Any other trademarks, service marks, logos and/or trade names appearing on the Katabang Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Katabang Platform without the express prior written consent of the owner.
Katabang respects the intellectual property rights of others, and expects Users to do the same. Katabang will respond to properly submitted notices of alleged copyright infringement that comply with applicable laws. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Katabang Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Katabang a properly submitted copyright notice as indicated below, Katabang will investigate, and if it determines, in its discretion, that the material is infringing, Katabang will remove the content and may terminate the access of the User who posted such content to the Katabang Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
a. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
b. A statement specifically identifying the location of the infringing material, with enough detail that Katabang may find it on the Katabang Platform. Please note: it is not sufficient to provide a mere top level URL.
c. The complete name, address, telephone number and email address of Complainant.
d. A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
e. A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed.
f. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
Katabang’s contact information for notice of alleged copyright infringement is:
Or via registered mail:
Attn: Legal Department
PO Box # ???
Cebu City, Philippines 6000
No Apps are available nor provided at this time.
We reserve the right in our sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Katabang Platform or any content or information on the Katabang Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Katabang Platform.
The term “Confidential Information” shall mean any and all of Katabang’s trade secrets, confidential and proprietary information, personal information and all other information and data of Katabang that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Katabang Platform contains secured components that are accessible only to those who have been granted a username and password by Katabang. Information contained within the secure components of the Katabang Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Katabang and agree that you will not use Confidential Information other than as necessary for you to make use of the Katabang Platform as expressly permitted by this Agreement and only during the term of this Agreement.
The use of the Katabang Platform is entirely at your own risk. To the fullest extent permitted by applicable law, the Katabang Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither Katabang nor its affiliates and licensors warrant that the Katabang Platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the Katabang Platform; nor do they make any warranty as to any Service Provider’s registration, professional accreditation, certification or license; nor do they make any warranty as to the results that may be obtained from the use of the Katabang Platform, or as to the timeliness, accuracy, reliability, suitability, safety, completeness or content of the services, professional services, or any products, content, information or materials provided through or in connection with the use of the Katabang Platform or this Agreement. Access to the Katabang Platform is provided free of charge as a courtesy. Neither Katabang nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any User of the Katabang Platform (including but not limited to the conduct of any Customers or Service Providers). Neither Katabang nor its affiliates or licensors warrant that the Katabang Platform is free from viruses, worms, Trojan horses, or other harmful components. Katabang and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.
No Liability. You agree not to hold Katabang, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants (collectively, “Members”) liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, “Liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the Katabang Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property), services, any dispute with any user, any instruction, advice, act, or service provided, by Katabang or Members, and any destruction of your information. Under no circumstances will Katabang or Members be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the Katabang Platform or any services, even if such parties were or should have been advised of the possibility of the same. Katabang and Members do not accept any liability with respect to the quality or fitness of any work performed in connection with the Katabang Platform, the Services (bookable on the Katabang Platform) or this Agreement. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that Katabang or Members are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability, or otherwise, exceed the total fees paid by you to Katabang during the six (6) months prior to the time such claim arose.
Release. Katabang and Members expressly disclaim any liability that may arise between users of the Katabang Platform. The Katabang Platform is only a venue for connecting Users. Because Katabang is not involved in the actual contact between users or in the completion of any Service, in the event that you have a dispute with one or more users, you release Katabang and Members from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You expressly waive and release any and all rights and benefits under laws (or parts of laws) in certain jurisdictions or any analogous laws which may read as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor.”
Additional Disclaimer. The quality of the Service scheduled through the Katabang Platform in entirely the responsibility of the Service Provider who ultimately provides such services to you. You understand, therefore, that by using the Katabang Platform, you may be exposed to Service Providers or Services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the Katabang Platform, and such Service Provider at your own risk.
Nothing in this Agreement or the Katabang Platform constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. By using the Katabang Platform, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not believe they are reasonable, you must not use the Katabang Platform.
You accept that as a corporation, Katabang has an interest in limiting the personal liability of its officers, directors and employees. You agree that you will not bring any claim personally against Katabang’s officers, directors, or employees in connection with any dispute, loss or damage. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect Katabang’s officers, directors, employees, agents, licensors, parents, subsidiaries, affiliates, successors, assigns, and sub-contractors as well as Katabang itself.
Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
You hereby agree to indemnify, defend, and hold harmless Katabang, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims and losses, expenses, liabilities, damages, or demands (including attorney’s fees and costs incurred), in connection with or resulting from, directly or indirectly: (a) you use of or the inability to use the Katabang Platform and/or any Service, (b) your violation of this Agreement, (c) your violation of any applicable law or regulation, (d) your violation of the rights of another (including but not limited to Service Providers), and (e) your information and content that you submit or transmit through the Katabang Platform. Katabang reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Katabang.
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Katabang, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Katabang may attempt to negotiate any Dispute informally (“Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section 18 is your email address and/or physical address that you have provided to Katabang. Katabang’s address for such notices is firstname.lastname@example.org and/or by mail to the Legal Department, Katabang Inc., PO Box # ???, Cebu City, Philippines 6000.
This Agreement is governed and interpreted pursuant to the laws of the Republic of the Philippines, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration and beyond the Informal Negotiations, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the Republic of the Philippines.
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (a) to a parent or subsidiary, (b) to an acquirer of assets, (c) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire Agreement between you and Katabang with respect to the subject matter (of this Agreement). If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service , courier service, or post office mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: your email address and/or physical address that you have provided to Katabang. Katabang’s address for such notices is email@example.com and/or by mail to the Legal Department, Katabang Inc., PO Box # ???, Cebu City, Philippines 6000. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Katabang as described below. This Agreement shall be interpreted as if jointly drafted by parties. Katabang shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstances beyond Katabang’s reasonable control including, without limitation, strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, failure of Service Providers to perform, flood, fire, explosion, acts of terrorism or accident.
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using the Katabang Platform. Your continued use of the Katabang Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org, or by mail at:
PO Box # ???
Cebu City, Philippines 6000
Last updated: July 23, 2015