GENERAL
The Terms and Conditions contained herein shall govern the use of Start-Up, including all pages to which the user may be redirected. These terms apply in full force and effect to the use of Start-Up. The user’s data, whenever provided within this service, shall be processed and shall be governed by the provisions of the Republic Act (RA) No. 10173 or the Data Privacy Act of 2012, and all other applicable laws. Whenever used herein, “App Owner” shall mean DICT.
WHAT IS START-UP
"Start-Up" is an online platform that facilitates connectivity between startup companies/business and government agencies. This is an avenue for potential business partnerships. Users can showcase their startups by simply applying through this platform - which only needs their basic information and a presentation. Overall, Start-Up offers the users an efficient and effective means of promoting their startup businesses to government agencies, ultimately expanding their professional network.
BASIC TERMS
The user must be at least eighteen (18) years of age to register for an account. By registering, the user represents and warrants that he or she is at least eighteen (18) years of age and has the legal capacity to agree with these Terms.
If the user is below eighteen (18) years old, parental consent or legal guardian consent will be required before using the App. It shall be the parent, legal guardian, or other person exercising parental authority over the Minor who allows, authorizes, and consents to the opening of the App who shall be principally responsible over the account and responsible for ensuring that the Minor read and understand and deemed to accept these Terms and explain to the Minor the use of the App’s online services. App Owner assumes no responsibility or liability for any misrepresentation of the user’s age.
AUTHORITY
By using Start-Up, the user warrants that they are authorized to register, request access, and provide information on their behalf. The App Owner may request additional or supporting documents to prove such authority at its sole discretion.
The user also warrants that all information supplied is verified, true, and correct to the best of their knowledge.
The processing of information obtained from this service is necessary to comply with the requirements of public order and safety and to fulfill the functions of public authorities in accordance with Section 12(e) of the Data Privacy Act.
By accessing Start-Up, the user signifies that they have read, understood, and agree to be bound by the terms and conditions outlined herein. The user also agrees to periodically review these terms and conditions for updates and changes and to be bound by its subsequent updates, revisions, or modifications.
Upon acceptance of these Terms, the user sets up their Start-Up account and provides information about their startup business or company. The App Owner may verify the registration information as it deems necessary.
The user agrees to provide all necessary information and render reasonable assistance and cooperation that the App Owner may require to complete the verification process.
We reserve the right to suspend, deactivate, or limit the user’s access to Start-Up in the event that we are unable to obtain or verify the user’s information and for any violation of these Terms and Conditions. The user's data shall be processed in accordance with the requirements of the Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of the National Privacy Commission (NPC).
If the user does not agree to these terms and conditions, they should refrain from using Start-Up.
USE
Through registration and by accessing Start-Up, the user hereby warrant that Start-Up shall only be used for the following purposes:
Registration of the user’s startup company or business;
Monitoring the user’s Start-Up application status; and
Any other services under Start-Up that will be offered by the Government through the App Owner.
RESTRICTIONS
Users are expressly and emphatically restricted from engaging in the following activities while using Start-Up:
Selling, sub-licensing, and/or otherwise commercializing Start-Up;
Using Start-Up or any of the information in illegal or unlawful activities;
Publicly performing and/or showing any Start-Up material;
Using any automatic devices, programs, algorithms, or methodology, or any similar or equivalent process to access, acquire, copy or monitor any part of Start-Up, or in any way reproduce or circumvent its navigational structure or presentation;
Using any automatic devices, programs, algorithms, or methodology, or any similar or equivalent process to circumvent, disable, or otherwise interfere with security-related online services of Start-Up;
Using Start-Up in any way that is, or may be, damaging to Start-Up;
Using Start-Up in any way that impacts user access to Start-Up;
Using Start-Up contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to Start-Up, or to the App Owner or any person or organization;
Engaging in any unauthorized data mining, data harvesting, data extracting or any other similar activity in relation to this Start-Up or while using this Start-Up; and
Using Start-Up to engage in any advertising or marketing.
PROFILE
When it is necessary as stated in the Start-Up's Data Privacy Policy and the applicable laws, Start-Up will obtain the user's consent before using or processing their data for any other purpose. The App Owner shall adhere to the procedures outlined in Sections 12 and 13 of the Data Privacy Act of 2012 when utilizing the information provided by the User.
THE USER’S CONTENT AND CONDUCT
The User retains ownership rights in their data and information provided for their application. However, the user is required to grant certain rights to Start-Up and other users of the service, as described below:
License to Start-Up
By providing content (i.e. startup information and presentation) to Start-Up, the user grants a worldwide, non-exclusive, royalty-free, substantial and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with promoting and advertising the user's startup company or business.
License to other users
The user also grants other users of Start-Up a worldwide, non-exclusive, royalty-free license to access and view their content.
LIMITATION OF LIABILITY
In general, the App Owner nor any of its officers, directors, and employees, be liable to you for the following:
Breaches arising out of or in any way connected with the use of Start-Up; and
Any indirect, consequential or special liability arising out of or in any way related to use of Start-Up, provided, that such use is contrary to these terms and conditions and the App Owner.
The App Owner and its officers, directors, and employees shall not be liable for any intellectual property disputes between users of Start-Up.
By using this service, it is presumed that the user had taken all the steps necessary to protect its intellectual property rights by duly registering such in the Intellectual Property Office of the Philippines (IPOPHL), in accordance with the Republic Act (RA) No. 8293 or the Intellectual Property Code of the Philippines.
UPDATE IN TERMS
The App Owner reserves the right to modify these Terms at any time without any prior notice. Any changes to these Terms will be effective immediately upon posting on this page, with an updated effective date. By accessing or using Start-Up after any changes to these Terms have been made effective, the user signifies their agreement on a prospective basis to the modified or revised Terms. The user can periodically visit these Terms and Conditions to ensure familiarity with the latest version of the Terms.
GOVERNING LAW AND VENUE
The validity of these Terms, the construction of its terms and conditions, interpretation and enforcement of the rights and duties of the Parties, and any dispute arising out of or related to these Terms shall be governed by the laws of the Philippines. The Parties further agree that in the event of any dispute, controversy, or claim, arising out of, relating to, or in connection with this Agreement or the breach thereof, including any question regarding the existence, validity or termination of this Agreement, the venue of the action shall be brought exclusively to the jurisdiction of the appropriate Court of Quezon City only, to the exclusion of all other courts of equal and competent jurisdiction.
NON-WAIVER OF RIGHTS
Failure, omission, or delay on the part of the App Owner to exercise its rights or remedies under these Terms shall not operate as a waiver of the same.
SEVERABILITY
If any profusion of these Terms or any document executed in connection herewith is declared invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.
CONTACT US
For any question pertaining to this App or any of the Terms and Conditions contained herein, please contact the App Owner at the Office of Undersecretary for e-Governance, Department of Information and Communications Technology, Carlos P. Garcia Avenue, Diliman, Quezon City, 1101 Metro Manila, Philippines, or contact us at [email protected].