TERMS AND CONDITIONS
Thank you for using Homemoto.com.ph!
These Terms constitute a legally binding agreement (“Agreement”) between you and Homemoto (as defined below) and govern your use and access of the Site.
When these Terms mention “Homemoto,” “Homemoto.com.ph”, “Homemoto platform”, “we,” “us,” or “our,” it refers to the Homemoto company you are contracting with. Your continuous use confirms your understanding and represents that you agree to be bound to the Terms and Conditions herein set forth.
SCOPE OF SERVICES
Homemoto is an online real estate portal that enables registered users (“Members”) and certain third parties who offer services or products to publish listings on the Homemoto Platform and to communicate and transact directly with Members that are seeking to avail of their products or services. Members will also be allowed to post their reviews of the products and services on the platform.
Homemoto does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services. Members alone are responsible for their Listings and Services. When Members receive inquiries from buyers, they are entering into a contract directly with each other.
When you access the Site, you should either be at least 18 years of age or accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described.
You will receive an email notice or phone verification from Homemoto once you have created a login account. This is a verifying tool that will counter check with you if the email address given and entered is accurate and existing during the registration process. This Notice shall be sent within 24 hours after registration and creation of an account, unless, we have been notified that the email address provided is invalid.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes.
By availing of the services of the Site of Homemoto.com.ph, including its affiliates, subsidiaries, and related companies, as well as their respective officers, directors, shareholders, employees, agents, and other parties with which they do business (the “Company”), you acknowledge and affirm that the owner and operator of Homemoto, may use and process your Personal Information as defined by law, including those that may be sensitive or confidential, as disclosed by you in any activity related to the Company, including registration, participation, and enjoyment of any event, program, privilege, benefit or promotion conducted by the Company.
Use and processing of Personal Information also include collecting, recording, listing, systematizing, accumulating, storing, updating, extracting, transferring, anonymizing, blocking, deleting, and destroying whether through electronic means or otherwise.
To facilitate your account, Homemoto shall obtain your personal information such as but not limited to your first name, last name, mobile number and email address for our promotional campaigns and marketing. We do not sell or provide your personal information to third parties for their marketing purposes without your explicit consent.
Images and representations of sites, lots, properties, services, facilities, client profiles, broker profiles, and other content shown on the Site are either owned or used with the permission of Homemoto.com.ph. The illegal use of images can infringe copyright laws, trademark laws, privacy and advertising laws, and media regulations and statutes.
It is implied that any and all content and photographs on the Site are copyrighted, unless otherwise specified, and may therefore only be used to the degree allowed by this Site or upon the written consent of Homemoto. Homemoto does not guarantee or convey that your use of the material and photos on the Site does not infringe the rights of third parties who are not associated, affiliated, partnered or certified with Homemoto.
Access to and use of password secured and/or protected parts of the Website is restricted to clients and general users of accounts only. You may not, by any method not intentionally made available to us for your particular use, acquire or seek to gain unauthorized access to such parts of this Site or any other protected data.
You may not make any part of the Site available as part of another website, whether by hyperlink framing on the Internet or otherwise unless you have been authorized to do so in writing by Homemoto.
Homemoto is not responsible for the content or practices of third party websites or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Homemoto does not warrant and makes no representation that the information, display, and pictures shown in the Site are suitable, appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or countries do so on their own volition and are bound to adhere to intellectual property laws, trademark and copyright laws and to such laws deemed applicable.
The placement and ranking of Listings in search results on the Homemoto Platform may vary and depend on a variety of factors, such as search parameters and preferences, requirements, price, number and quality of images, and/or Reviews and Ratings.
RATINGS & REVIEWS
Members can leave a public review (“Review”) and submit a (“Rating”) about a listing, services, brokers, or supplies providers. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Homemoto. Ratings and Reviews are not verified by Homemoto for accuracy and may be incorrect or misleading.
Ratings and Reviews by members must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Homemoto’s Content Policy and Extortion Policy.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Homemoto Platform (such as the Listing page) together with other relevant information.
Members will receive a notification once they’ve received a review or comment from another member who may be their customers or clients. It is your responsibility to respond to these reviews to improve your profile or listing’s ratings or ranking.
ELIGIBILITY AND MEMBER VERIFICATION
Members who have failed to follow the said terms and agreement per the website will receive an email or written warning on their first offense and account deactivation or removal on their second offense.
An account would be automatically removed once a member wasn’t able to provide primary documents requested during registration. Strict compliance with the registration requirements is administered particularly for members who will be posting listings of their products and services and members who wish to leave reviews or report issues to guarantee credibility.
Users who can not provide the primary requirements will not be granted an account or access as a member on the Site. Homemoto reserves the right, without notice, to amend, revise, enhance, change, modify, alter or remove portions of the Primary Requirements for registration at any time.
Homemoto also reserves the right to take down listings with content that is not relevant to real estate or home construction services. The Site reserves the right to refuse or cancel any classifieds, uploads or requests for uploads and remove member’s accounts for any reason, at any given time.
TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES
To any other rights or remedies that may be available to Homemoto, we may, without any liability whatsoever, in our sole discretion terminate or restrict your access or use of the Site at any time and without notice.
You may be asked to provide additional verification or information, including but not limited to your: name, phone number, and email address, before we accept to publish the classified. We are determined to provide the most accurate information on the Site to our users; however, errors may still occur, such as cases when the price of a listing is not displayed correctly on the website. As such, we reserve the right to direct you to the appropriate person, broker, agent or entity who caused the listing to be uploaded.
Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by Homemoto. in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this site is solely for informational purposes.
Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such a password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
You should always exercise due diligence and care when deciding to work with a Broker, Property Owners, Architects/Designers, Contractors, Construction Suppliers/Home Depots, whether online or in person.
While we may help facilitate the resolution of disputes, Homemoto has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party.
You are solely responsible for all Member Content that you make available on or through the Homemoto Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available on or through the Homemoto or you have all rights, licenses, consents and releases that are necessary to grant to Homemoto the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Homemoto’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances. Homemoto may, without prior notice, remove or disable access to any Member Content that Homemoto finds to be in violation of applicable law, these Terms or Homemoto’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Homemoto, its Members, third parties, or property.
Product representations and services expressed on this Site are those of the companies, contractors, architects, broker, developer or owner of the listings and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting and such content does not reflect our opinion.
Unless otherwise provided, any other communications you transmit to the Site by electronic mail or otherwise, will be treated as non-confidential and non-proprietary. They may be used by Homemoto or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting within the Site. Furthermore, Homemoto is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing and marketing of services using such information.
Homemoto relies on the information or listings that the publisher, user or client submits for publication and does not warrant the truthfulness and accuracy thereof. Homemoto, shall not be liable for any false, misleading, erroneous or inaccurate information that it has published by virtue of the request of users or clients or even if done unilaterally by users.
We may use your information only as described in the Homemoto.com.ph. Privacy and Confidentiality Policy in consonance to the Data Privacy Act of 2012. Your privacy is important to us. We collect and gather information, store and process them on our servers that are protected by physical and technological security measures and devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For subscriptions, you do not need to log into your account if you opt to unsubscribe, you may do so by clicking Unsubscribe at the bottom of the email that we sent you. For complete information on how we use and protect your personal information, you may look into the ‘Homemoto.com.ph’ Privacy Terms. If you object to your information being transferred or used in this way, you may stop using our website.
Homemoto’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade or internet practices shall be deemed to modify these Terms & Conditions.
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
Neither Homemoto nor its subsidiaries, divisions, affiliates, officers, directors, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access to or use of, or your inability to access or use, the site or any materials, opinions or recommendations of third parties on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Homemoto has been advised of the possibility of such damage.
MODIFICATION OF THESE TERMS
Homemoto reserves the right, without notice, to amend, revise, enhance, change, modify, alter or remove portions of these Terms and Conditions of use at any time. Amendments shall take effect once posted on the Site. Regular update of the Terms and Conditions is your responsibility. The continued use of the Site following the posting of any amendments to the Terms and Conditions constitutes your acceptance to those amendments and is thus, bound by its current amendments. Homemoto further reserves the right to suspend, or permanently discontinue all or any part of this Site and to restrict or prohibit access to it.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole, and exclusive remedy is to discontinue using the Site.
APPLICABLE LAW AND JURISDICTION
Subject to the Company’s right to seek injunctive relief in the courts of the Republic of the Philippines, any dispute, controversy or claim arising out of or in relation to or connection to the Terms and Conditions herein set forth, including without limitation any dispute as to the construction, validity, interpretation, enforceability or breach of any of the stipulations provided, shall be settled by arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules as at present, in force.
The foregoing Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Republic of the Philippines, as it is applied to agreements entered into and to be performed entirely within the country. Any action made by you, or any third party or Homemoto, to enforce the Terms and Conditions or, in connection with, any matters related to the Site shall be brought only in the territorial jurisdiction of the Philippines. If any provision of the Terms and Conditions shall be unlawful, void, voidable, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions herein provided and shall not affect the validity and enforceability of any and all other remaining paragraphs herein contained.
Homemoto aims to work together with the community to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.
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