I. Introduction

Welcome to PropTech by Globalland.

Please read these Terms of Use carefully before using the application and logging in to your PropTech by Globalland Account (“Account”). These Terms of Use govern your use and access of application and the use of Services within it.

By accessing or using the application or any Services available through PropTech by Globalland, you agree to be bound by these Terms of Use. If you do not agree to these Terms, you must immediately cease the use of the application.

These Terms of Use may be modified from time to time by Globalland (the company which operates PropTech by Globalland), with or without notice, and your continued use of the system / application after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately cease use of the application.

II. DEFINITION OF TERMS

We may collect and use personal data from you or from the category of third parties identified in this As used in this Terms of Use, “the company”, “we”, “us” and “our” mean Globalland or Globalland Property Management Inc. “You” means the User of PropTech by Globalland application.

III. FEATURES / SERVICES

PropTech by Globalland is an application which provides its users a variety of services, which may include, but not limited to the following:

1. Community Form
   Community forms are standard and downloadable in PDF format. These should be filled and uploaded back to the application for the admin’s processing.
2. Concerns / Inquiry / Request
   Concerns, Requests, and Inquiries are submitted to admin via ticketing. This feature uses the access to your mobile phone storage for any file or attachment you may want to send to admin as support for your ticket.
3. E-Billing
   View Statement of Account and Pay maintenance / association dues, special assessments and other fees via the app.
4. Digital Documents
   Download memo or circulars posted by the admin for your use.
5. Unit Owner, Tenant and SPA Occupancy Logs
   Occupancy of the properties, other than the unit owner / homeowner is listed in the occupancy history.

IV. ACCEPTABLE USE POLICY

1. Community Forms, Ticketing and E-Billing
   All forms, concerns, requests and billings are processed by the admin. The admin consists of the property manager, site personnel and support departments (of the property management). The processing commences when you submit them with all complete attachments and with the acknowledgement of the admin.
2. Online Use of Application
   The use of the application requires a connection to the internet as it is cloud-based. You understand that your access and use of the Application will depend on the capabilities of your Mobile Device and require adequate Wi-Fi and/or cellular connectivity (e.g., 2G, 3G, 4G, LTE etc). Globalland and its affiliates and licensees shall not be responsible for any failure in the performance of any of the Services due to circumstances beyond its control, including but not limited to, network outages, interruptions of wireless communication services and attempts to use the Application while in an area that has limited or no network coverage.

V. PRIVACY POLICY

In using the Application, and as part of the registration process, certain information about you may be collected by the admin to identify you as a User. Information may include, but not limited to: Name - first and last name, email address, mobile phone number and other contact information, demographic profile (such as address, etc.) and information about the pages on the Application that you access, either through the website or mobile application, the links that you click on, the number of times you access a particular page, and any of such information.

You agree that all the information you have provided to us may be used for sending of informational, marketing or promotional materials via including but not limited to e-mails, SMS Notifications and any and all notices, updates and other methods we may use for communications. Please read the Globalland’s Privacy Policy for further information.

In the event that Globalland is required by law, or legal process to disclose any information you have submitted to us, you agree that we shall disclose such information to the extent possible as required by law or the process, and in accordance with Globalland Privacy Policy. Your continued use of the Application shall constitute your consent and agreement.

Your Privacy is very important to us and we are committed to take reasonable measures in protecting information provided to us. We have the Globalland Privacy Policy that explains our Privacy practices. Please review the Privacy Policy to fully understand how Globalland collects, uses and discloses information collected and received from you.

VI. REGISTRATION AND ACCOUNT

In order to access and fully utilize the PropTech by Globalland services, an account is required to be created. If you elect to register or be provided with an account, you have to request to the admin and this will include the update of your contact information.

1. A. Account Registration: You may be provided with an account by providing the necessary information required for the registration. You warrant that all information you provide is accurate, up to date, truthful and complete.
2. B. Password: You must keep your password secure and confidential. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party.
3. C. Account Information: You may update your Account information anytime. You are solely responsible for all the information you have entered in your Account. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Content”). You are responsible for your Account and any Content you upload and save in the application. If you violate these Terms of Use, Globalland may cancel your existing Account, with or without prior notice.

Unless expressly permitted by Globalland and subject to these Terms and any other additional terms set forth by Globalland, you shall not lend, transfer or sell your Account or username to another party and must not use another user's Account without their permission.

VII. USE OF THE APPLICATION

1. a. violate any applicable laws, rules or regulations while accessing or using the Application;
2. b. upload, post, or otherwise make available any Content that violates or infringes another user’s rights of publicity, privacy, copyright, trademark or any other intellectual property right;
3. c. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Application;
4. d. use the Application to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable;
5. e. upload to, or transmit through the Application any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components;
6. f. impersonate any person or entity or to falsely state or misrepresent your affiliation with any person or entity;
7. g. copy or distribute any part of the Application in any medium without Globalland’s written consent;
8. h. in any manual or automated manner collect user information, including but not limited to, names, addresses, phone numbers, or email addresses,
9. i. copy copyrighted text, or otherwise misuse or misappropriate any Application information or content, including but not limited to, use on a "mirrored", competitive, or third-party site;
10. j. take any action that: a.) unreasonably encumbers or, in Globalland sole discretion, may unreasonably encumber the Application's infrastructure; b.) interferes or attempts to interfere with the proper working of the Application or any third-party participation in the Application, or the business of Globalland in general; or c.) bypasses Globalland’s measures that are used to prevent or restrict access to the Application;

VIII. SUBMITTED CONTENT / ATTACHMENTS

You grant, and warrant that you have the right to grant us a non-exclusive, royalty-free license to use all the information or Content you submit and provide to the Application, including but not limited to (a) your profile or Account; (b) the posting of any inquiry, reviews, comments or suggestions in connection with the Application or any of its Content. You understand that you are fully responsible for your own submitted Content and the consequences of posting or submitting it to through the application.

Globalland reserves the right to determine whether any information or submitted Content comply with these Terms of Use. You agree that Globalland may, in its sole and absolute discretion review or remove any submitted Content that violates this Terms of Use.

IX. SERVICES VIA THE APPLICATION

Any transaction made by you to the admin and vice versa through the application is between you and the admin. You understand that by using the services of the application, you are transacting with the admin and not with PropTech by Globalland. PropTech by Globalland is only an application that provides services for users to communicate or for the provision of services by the admin.

X. INTELLECTUAL PROPERTY RIGHTS

All title, ownership and Intellectual Property Rights in and to the PropTech by Globalland and its Content shall remain with us, our affiliates or licensors, as the case may be. All rights not otherwise claimed under this Terms of Use or by Globalland are hereby reserved. The PropTech by Globalland Application embodies Intellectual Property Rights registered and protected by the applicable laws and regulations.

By using or accessing the application, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect all Products/Services, the Application, its Content or any part thereof. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of any Products/Services, the Application or its Content or any part thereof. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Application on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy the Application, without our prior written consent.

XI. MODIFICATION TO TERMS OF USE

Globalland reserves the right to modify and/or change any of the terms of this Terms of Use at any time and without prior notice to you. If Globalland materially modifies this Terms if Use, it will make reasonable efforts to notify you of the change. We may send a message to your email address or any other appropriate method of communication or send an in-app notification to you when you access the PropTech by Globalland Services for the first time after such material changes are made. By continuing to use and access the PropTech by Globalland Services after Globalland has posted a modification of this Terms of Use, you agree to be bound by the modified Terms of Use. If the modified Terms of Use is not acceptable to you, you have to uninstall and discontinue any use of the PropTech by Globalland Services. This Terms of Use will also govern any software upgrades and/or updates provided by Globalland that upgrades and/or supplement the PropTech by Globalland Services, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

XII. MOBILE DEVICE SETTINGS AND UNINSTALL PROCEDURES

As part of the installation process of the Application, you may be changing your Mobile Device settings. By using and accessing the Application, you agree that you have approved of such changes which may include, without limitation, to the following:

1. a. allowing software updates of the Application once a new version is released and show notifications from the Application; and

To uninstall the Application, you may use the standard uninstall procedures offered by your Mobile Device’s operating system.

XIII. TERM AND TERMINATION

This Terms of Use will take effect on the date that you accept it and continue to remain in effect until terminated. All rights and licenses granted to you under this Terms of Use will terminate immediately upon your breach of the Terms of Use. You may terminate the Terms of Use by uninstalling and discontinuing your use of the Application. Globalland may terminate support of the PropTech by Globalland Services, or limit or terminate your access to the PropTech by Globalland Services at any time for any reason in its sole discretion, with or without cause, by providing notice to you and/or preventing your access to the PropTech by Globalland Services. Sections entitled Reservation of Rights; Term and Termination, Warranty Disclaimer and Limitation of Liability, Liability Waiver, Indemnification and Miscellaneous shall survive any termination of this Terms of Use.

XIV. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITIES

You agree that your use of the Application is at your own risk. The Application, content, software, artwork, data and information are provided “as is” and “as available” without warranty of any kind. Globalland makes no warranties and representations, and disclaim all warranties, representations, or conditions of any kind, implied, express resulting from or in connection with the Application and your use or inability to use thereof.

Globalland does not warrant that the functions contained in the Application will be accurate, complete, reliable and current. Without prejudice to the generality of the foregoing, we do not warrant:

1. a) that your access to PropTech by Globalland or any Content thereof, shall be secure, uninterrupted, timely or free from errors or omissions; or
2. b) that PropTech by Globalland or its Content are free from any computer viruses or other malicious, destructive or corrupting code, agent, program or macros. Globalland does not accept liability for losses of information, viruses or other damages caused to your computer system from the use of the Application or
3. c) that PropTech by Globalland Application may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Globalland is not responsible for any delays, fulfillment failures, damages, or losses resulting from such problems; or
4. d) that the Services you have availed through your access to the Application shall meet your expectations or requirements, including its authenticity, accuracy, timeliness. If you have complaints about the Services you availed, you may contact the Admin directly.

In no event shall Globalland or its subsidiaries, affiliates, partners, suppliers or licensors be liable whether in contract, warranty, for:

1. a) any indirect, incidental, consequential, special or exemplary damages arising out or in connection with (i) your access or inability to access the Application or any third party links and resources, (ii) your conduct or the conduct of other users in connection with the availment of Services, including without limitation, death, bodily injury, emotional distress and other damages resulting from communications or meetings with other users or persons you meet through the Application, whether or not the damages were foreseeable and whether or not Globalland was advised of the possibility of such damages; or
2. b) Loss of use, loss of profits or revenues, loss of data, in each case whether direct or indirect.

Globalland shall not be liable for any failure or delay in fulfillment of services when such are due to any acts or omissions outside our control such as any extraordinary or unforeseen events caused directly and exclusively by force majeure which cannot be anticipated, controlled, or prevented by exercise of diligence, precaution, and care including but not limited to war, riots, law or government orders, acts of third parties, and extreme weather conditions (i.e. typhoons, floods, earthquakes).

You agree to indemnify and hold harmless to the fullest extent allowed by law, Globalland, its employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses of any nature whatsoever arising due to your use of the Application, your breach or violation of any term or provision of these Terms of Use, your breach or violation of any third party right of any nature, including but not limited to their copyright, intellectual property or privacy rights.

XV. ADVERTISEMENTS AND THIRD-PARTY LINKS

Globalland may display advertisements and promotions on the Application. We may provide third-party links to other websites or resources. You agree that Globalland is not responsible or liable for:

1. a) the availability of such third-party links or resources;
2. b) any content or materials available from such third-party links or resources;
3. c) the monitoring or control of such third-party links or resources including but not limited to MS Forms, Websites, Social Media Pages, Applications and others;
4. d) directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you click the third-party links or resources, and leave the PropTech by Globalland Application, these Terms of Use can no longer govern you and you are advised to check the terms and conditions of those websites. Your dealings and communications through the Website with any party other than Globalland are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party;

XVI. MISCELLANEOUS PROVISIONS

1. a) Globalland may subcontract any part or parts of the Application’s services it provides at any time.
2. b) This Terms of Use together with the Privacy Policy constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement.
3. c) If any provision of this Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
4. d) The failure of Globalland to enforce any right or provision in this Terms of Use shall not constitute a waiver of such right or provision.
5. e) This Terms of Use shall be governed by and construed in accordance with the laws of the Philippines to the proper court in the City of Mandaluyong, to the exclusion of all other courts.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS IN THIS TERMS OF USE. BY CONTINUING TO INSTALL THE APPLICATION, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.