Legal

Terms of Use

 

 

Welcome to the Megaworld at the Fort web site operated by Megaworld Corporation. Megaworld Corporation and its affiliates provide their services to you subject to the following terms, conditions and provisions ("Terms and Conditions"). By accessing, viewing, or using this site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and you accept and agree to be bound by these Terms and Conditions of use, which, together with our privacy policy, govern Megaworld Corporation’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The content of the pages of this website is for your general information and use only. Megaworld Corporation reserves the right to change these Terms and Conditions and the contents of this website at any time and for any reason without notice, and your continued use of this site following any modifications will be deemed to constitute acceptance of such modifications. Unauthorized use of this website may give rise to a claim for damages and/or constitute a criminal offense.

Disclaimers.

THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. WHILE MEGAWORLD CORPORATION ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. THERE MAY BE INSTANCES WHEN THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OFFERED ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUTDATED INFORMATION. MOREOVER, MEGAWORLD CORPORATION MAY MAKE MODIFICATIONS OR CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON WITHOUT NOTICE. MEGAWORLD CORPORATION IS NOT RESPONSIBLE FOR AND NEED NOT HONOR TYPOGRAPHICAL OR PRICING ERRORS ON THE SITE.

YOU ASSUME THE SOLE RISK OF MAKING USE OF OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. MEGAWORLD CORPORATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS SITE FOR ANY PURPOSE, EXCEPT AS SET FORTH IN THE MEGAWORLD CORPORATION WARRANTY POLICY STATEMENT APPLICABLE TO PRODUCTS SOLD ON THE MEGAWORLD CORPORATION WEBSITE. ALL INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH MEGAWORLD CORPORATION SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.

IN NO EVENT SHALL MEGAWORLD CORPORATION BE LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MEGAWORLD CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY RELATED TO THE USE OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID IN CONNECTION WITH THE SUBJECT MATTER IN DISPUTE.

THIS WEBSITE CONTAINS MATERIAL WHICH IS OWNED BY OR LICENSED TO MEGAWORLD CORPORATION. THIS MATERIAL INCLUDES, BUT IS NOT LIMITED TO, THE DESIGN, LAYOUT, LOOK, APPEARANCE AND GRAPHICS. REPRODUCTION IS PROHIBITED OTHER THAN IN ACCORDANCE WITH THE COPYRIGHT NOTICE, WHICH FORMS PART OF THESE TERMS AND CONDITIONS.

FROM TIME TO TIME THIS WEBSITE MAY ALSO INCLUDE LINKS TO OTHER WEBSITES. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE TO PROVIDE FURTHER INFORMATION. THEY DO NOT SIGNIFY THAT WE ENDORSE THE WEBSITE(S). WE HAVE NO RESPONSIBILITY FOR THE CONTENT OF THE LINKED WEBSITE(S).

EVERY EFFORT IS MADE TO KEEP THIS WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, MEGAWORLD CORPORATION TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND ITS CONTROL.

Submissions.

Megaworld Corporation welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, information, or any other content you contribute to Megaworld Corporation or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for Megaworld Corporation to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content, without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Megaworld Corporation will not infringe upon or violate the rights of any third party.

Indemnity.

You agree to indemnify, defend, and hold harmless Megaworld Corporation its affiliates and subsidiaries, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this site or any breach by you of these Terms and Conditions.

Applicable Law.

This site is created and controlled by Megaworld Corporation in the Republic of the Philippines. The laws of the Philippines will govern these Terms and Conditions (without giving any effect to the principles of conflicts of laws) as such laws are applied to agreements entered and to be performed entirely within the Philippines by its residents. Any action to enforce these Terms and Conditions will be brought in the Philippine courts presiding in Makati City, Metro Manila to the exclusion of all other courts and tribunals, and all parties expressly agree to be subject and thus submit to the jurisdiction of such courts. This site is controlled and operated by Megaworld Corporation from its offices within the Philippines. Megaworld Corporation makes no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. Further, Megaworld Corporation makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Entire Agreement.

These Terms and Conditions, together with Megaworld Corporation ‘s privacy policy, security policy, and other rules and policies posted on the site including Megaworld Corporation's Legal Notice, which are hereby incorporated in its entirety as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and Megaworld Corporation with respect to your use of any material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Megaworld Corporation with respect to this site. Any rights not expressly granted in these Terms and Conditions or under any of the documents indicated above are reserved.

General.

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between you and Megaworld Corporation as a result of these Terms and Conditions or your use of this site. The waiver by Megaworld Corporation of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

 

Disclaimer

 

 

The Megaworld at the Fort Web Site (the "Site") is an online information service provided by Megaworld Corporation ("Megaworld Corporation"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MEGAWORLD CORPORATION MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Megaworld Corporation, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Megaworld Corporation a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Megaworld Corporation by all means and in any media now known or hereafter developed. You also grant to Megaworld Corporation the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Megaworld Corporation for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Megaworld Corporation.

TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Megaworld Corporation. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Megaworld Corporation, Megaworld Corporation does not operate, control or endorse any information, products or services on the Internet in any way. Except for Megaworld Corporation-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Megaworld Corporation a. You also understand that Megaworld Corporation cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MEGAWORLD COPORATION PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MEGAWORLD CORPORATION SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MEGAWORLD CORPORATION DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MEGAWORLD COPORATION HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL MEGAWORLD COPORATION BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MEGAWORLD CORPORATION OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

Megaworld Corporation makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Megaworld Corporation web site, please understand that it is independent from Megaworld Corporation, and that Megaworld Corporation has no control over the content on that web site. In addition, a link to a Megaworld Corporation web site does not mean that Megaworld Corporation endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.
You agree to indemnify, defend and hold harmless Megaworld Corporation, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Megaworld Corporation and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of Philippines applicable to agreements made and to be performed in Philippines. You agree that any legal action or proceeding between Megaworld Corporation and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Philippines . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Megaworld Corporation's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Megaworld Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.


Privacy Policy

 
Privacy Statement
 
Your personal information is important to Megaworld Corporation, its employees, agents or representatives (collectively referred to as “Megaworld”, “we”, “us” or “our”). We handle your personal information and data in accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, and its Implementing Rules and Regulations, other issuances of the National Privacy Commission and other relevant laws of the Philippines (collectively, the “DPA”).
 
We recognize the importance of your rights as a Data Subject under the DPA, as follows:
 
• Right to be informed
• Right to object
• Right to access
• Right to correct
• Right to rectification, erasure or blocking
• Right to damages
• Right to data portability
• Transmissibility of rights

This Privacy Policy aims to provide information on how we collect, use, manage, and secure your personal information. Any information you provide to us indicates your express consent to our Privacy Policy.
 
Personal Information Collection
 
Personal Information under the DPA refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding such information, or such information, when put together with other information, would directly and certainly identify an individual.
 
In the performance of our services, or as part of our transactions and dealings, we collect your personal information which may include, but not limited to, the following:
 
  1. Your name, nationality, civil status, gender, age, birthdate, ID details, unique identifiers, email address, residence, office, and mailing address, phone numbers, visual recordings, and other information, as part of our transactions and dealings with you.
  2. Your resume, which includes personal details and your educational background and employment history, when you seek employment with us.
  3. Your credit card information, when you avail of our products and services.
  4. Your company information, performance, history, and financial and capital, when we engage in business transactions or you partner with us.
  5. Your browsing and social media behavior, when you browse into our website, download mobile applications and tag or mention us on your social media accounts.
  6. Any information you submit when to our sales, account management, or customer relations agents for update of your records or information; in relation to your inquiries or requests; when you participate in our survey, discount, event information and prize promotion; when you refer a person to verify the information you provided to us; when you visit and connect to our websites and social media pages; or any other event or activity that may be similar or related to any of the foregoing.
 
When you provide information other than your own, you certify that you have obtained the consent and authority of the owner of such information (such as your parents, spouse, children, dependent, or any other person) to allow us to disclose and process such information.
 
Use and Sharing of Personal Information
 
We use your personal information to:
 
  1. Process the products and services that you have availed from us.
  2. Communicate our latest products, services, promos and events.
  3. Respond immediately to your needs, requests, queries and complaints.
  4. Comply with the law, rule or regulation and all legal orders and processes.
  5. Process your application and conduct due diligence for, and documentation of, our transaction.
  6. Any other purpose relating to any of the above.
 
We share your personal information, to the extent that is reasonable and necessary, to:
 
  1. Our employees or other personnel handling your transactions, orders or requests.
  2. Banks, insurers or professional advisers in connection with due diligence and documentation of your transaction.
  3. Any third-party service provider performing financial, administrative, technical and other ancillary services.
  4. Government institution and other competent authorities which by law, rules or regulations require us to disclose your personal information.
  5. Any person or entity we contractually entered with and who ensures the confidentiality standard we implement and adheres to the DPA.
  6. Any person in order to carry out functions of public authority, and for collection and further processing pertaining to law enforcement, taxation or other regulatory function.
 
Personal Information Retention and Protection
 
We retain your personal information:
 
  1. To the extent necessary in keeping track of your transaction and records.
  2. As may be agreed upon by the parties to a contract.
  3. For statistical, research and other purpose specifically authorized by law.
 
Data collected will be retained in accordance with retention limit set by our standards, industry standards and laws and regulations, unless you request your data to be deleted in our database.
 
To maintain the integrity and confidentiality of your personal information, we put in place organizational, physical and technical security measures to protect your personal information, such as:
 
  1. Use of secured servers, firewalls, encryptions and other latest security tools.
  2. Limited access to personal information to those duly authorized processors. All transfers are made after complying with the established confidentiality policy and practices in place.
  3. Maintain a secured server operating environment by performing regular security patch update and server hardening.
 
Cookies and Related Technologies
 
A cookie is a small piece of file which originates from a website and is transferred to the user’s hard drive to record the user’s browsing activity. Cookies were designed to remember pieces of information that the user has entered in a certain website. Essentially, cookies help in making the browsing of our site easier by, among other things, saving your name, addresses, passwords and other preferences.
 
Most web browsers are set to automatically accept cookies, but you have the option to refuse all cookies or indicate when a cookie is being sent. However, if you choose not to accept cookies, you may experience some delay in browsing our website or it will not function properly or may be considerably slower.
 
Renewal of Policy
 
We may periodically update or amend our Privacy Policy in order to adhere to new and existing laws affecting the DPA, including any change or improvement we establish to secure your personal information. Any updates or changes shall not alter how we handle previously collected personal data without obtaining your consent, unless required by law.
 
Contact Us
 
For any comment, question or complaint regarding this Privacy Policy, you may contact our Data Protection Officer at:
 
Postal Address: 20th Floor, Alliance Global Tower
36th Street corner 11th Avenue
Uptown Bonifacio, Taguig City
Attn: Data Protection Officer
Telephone Number: (632)894-6300
Email Address: dpo@megaworldcorp.com

 

 

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