Terms and Conditions of Use

AHENTE PLATFORM

as of August 30, 2021

Welcome to the “AHENTE” platform and mobile app developed and operated by ORANGE AND CRANE INNOVATIONS INC. (OCI) .

By visiting our website, using OCI’s products, software, and services for its website and mobile app (herein referred to as AHENTE APP SERVICES and/or registering an Account, you agree and accept the following terms and conditions, and any policies, guidelines, or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We may update the Terms in the future and you will be able to find the most current version of this agreement at “www.orangeandcrane.com”.

Your continued use of the Services after OCI post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified terms and conditions. If we make any material changes to these Terms, we will notify you through a prominent notice on our website and app.

  1. Use of Services

  2. OCI, its subsidiaries and affiliated companies, including your domain administrator, offer AHENTE APP SERVICES to you, provided that you are at least 18 years of age and/or with parental consent, if necessary, to form a binding contract and are not a person barred from receiving services under the laws of the Republic of the Philippines or other applicable jurisdictions. OCI cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information.

  3. Appropriate Conduct

  4. As a user of AHENTE APP SERVICES, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. OCI reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via AHENTE APP SERVICES.

    You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using AHENTE APP SERVICES, and for any consequences thereof. You agree to use AHENTE APP SERVICES, only for purposes that are legal, proper and in accordance with the terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts “ AHENTE APP SERVICES, or servers or networks connected to OCI Services. To report any activity or content that may violate the terms, kindly email to “hello@orangeandcrane.com”.

    In addition to these Terms, your use of some specific AHENTE APP SERVICES is governed by the policies or guidelines specific to those services and which are specifically incorporated into these Terms. Among which, but not limited to, the following:

    1. No individual is allowed to provide false personal information nor create an account of another individual without the expressed permission of the latter;
    2. Each user is responsible for his/her account and as such, all personal information should be kept up-to-date and accurate;
    3. Each user will only be allowed to create and maintain one (1) personal account;
    4. Password sharing is strictly prohibited for security reasons; and
    5. Individuals with accounts should keep their personal information up to date and accurate. Otherwise, users may not be able to maximize the use of AHENTE APP SERVICES.

    You agree to comply with OCIʼs data usage and privacy policies. Users outside of the Philippines agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the Philippines or their country of residence.

  5. Account and Registration

  6. To create an account, complete the following steps:

    • Step 1: Download AHENTE APP SERVICES from the Google Play or Apple Store.
    • Step 2: Open the app and click, “Get Started”.
    • Step 3: Register and create your profile.
    • Step 4: You can now login to our mobile app and enjoy the services.

    After setting up your AHENTE APP SERVICES, you will be provided access to AHENTE APP SERVICES. Each time you use a password or identification, you will be deemed to be authorized to access and use OCI Services in a manner consistent with the Terms. You are responsible for maintaining the confidentiality of your account password and login credentials. In case of unauthorized use of the account, unauthorized disclosure of password or other login credentials, or any known or suspected breach of security, you shall immediately notify OCI of the same. You are also responsible for all activities that occur in connection with your account and agree not to use your Account for commercial purposes. To terminate your account or to report any unauthorized access, go to “hello@orangeandcrane.com”. We may likewise immediately terminate your account, without notice, for any conduct that we believe (i) violates the Terms, or (ii) is harmful to other users or our business interests, or (iii) for an inactive account. Likewise, we have the discretion to restrict you in accessing some or all of the features of AHENTE APP SERVICES. We reserve the right to refuse to provide you access to the AHENTE APP SERVICES or to allow you to open an account when such would be prejudicial to us.

    OCI shall have no responsibility or liability for any loss, damage, expenses, or liabilities arising from or in connection with the unauthorized use of your Account and Password.

    By registering, you provide your irrevocable and full consent to ORANGE AND CRANE INNOVATIONS INC. (OCI) and including those additional terms and conditions and policies referenced herein and/or linked thereto.

  7. OCI Privacy Policy

  8. OCI respects the privacy rights of its users and subscribers, consistent with the privacy laws of the Philippines, the country of jurisdiction of the Philippines. For information about our data protection practices, please see our Privacy Policy at “www.orangeandcrane.com”.

    By using AHENTE APP SERVICES you acknowledge and agree that OCI may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:

    1. Satisfy any applicable law, regulation, legal process or enforceable governmental request, specifically in matters involving national security,
    2. Enforce the Terms, including investigation of potential violations hereof,
    3. Detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or
    4. Protect against imminent harm to the rights, property or safety of OCI, its users or the public as required or permitted by law,
    5. Extend data (including but not limited to customer profile, behavior, and usage) to third parties contracted by OCI for the purpose of product & service development, research, and advertisement.

    You likewise agree to protect your personal data and user data from any third-party access. You are fully liable for your user information, thus, OCI shall not, in any case, be held liable for any third-party access from your user profile. However, OCI may help you deactivate and delete your account in the event that a third party has accessed your user account. You may email us or contact us once this ensues.

    You understand that the technical processing and transmission of AHENTE APP SERVICES, including your Content, may involve transmissions over various networks; and OCI changes to conform and adapt to technical requirements of connecting networks, devices or services.

  9. Proprietary Rights

  10. OCI’s Rights

    You acknowledge and agree ORANGE AND CRANE INNOVATIONS INC. (OCI) and any necessary software used in connection AHENTE APP SERVICES (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through AHENTE APP SERVICES is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OCI or other proper third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on content, AHENTE APP SERVICES or Software, in whole or in part, except as specifically authorized in a separate written agreement.

    Subject to these Terms, OCI grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by OCI in writing. You agree not to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to AHENTE APP SERVICES. You agree not to AHENTE APP SERVICES by any means other than through the interface that is provided by OCI for use in accessing AHENTE APP SERVICES except as specifically authorized in a separate written agreement.

    Except as expressly authorized by OCI, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name, in a way that is likely to cause confusion among users, subscribers, and other individuals. You also agree not to remove, obscure, or alter OCIʼs or any third partyʼs copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the AHENTE APP SERVICES or software.

    You are, however, welcome to link the app from your website provided that your website does not imply any endorsement or association with OCI.

    Your Rights

    OCI claims no ownership or control over any content submitted, posted, or displayed by you on or through AHENTE APP SERVICES. You or a third-party licensor, as appropriate, retain all patent, trademark, and copyright to any Content you submit, post, or display on or through AHENTE APP SERVICES, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or AHENTE APP SERVICES which are intended to be available to the members of the public, you grant OCI a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content within AHENTE APP SERVICES for the limited purpose of displaying, distributing, and AHENTE APP SERVICES. OCI reserves the right to syndicate Content submitted, posted, or displayed by you on or through the AHENTE APP SERVICES and use that Content in connection with any service offered by OCI. Furthermore, OCI reserves the right to refuse acceptance, post, display, or transmit any Content at its sole discretion.

    You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content submitted.

  11. Software and Automatic Updates

  12. Your use of any Software provided by OCI, including open source software, will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. OCI Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop AHENTE APP SERVICES including providing bug fixes, patches, enhanced functions, missing plug-ins, and new versions.

  13. Policies Regarding Copyright and Trademark Infringement

  14. It is our policy to respond to infringement notices that comply with the Philippine Republic Act (R.A. 8293) otherwise known as the Intellectual Property Code of the Philippines or other applicable law and to terminate the accounts of repeated infringers, including but not limited to OCIʼs right to pursue civil and/or criminal complaint in the courts of competent jurisdiction in the Republic of the Philippines. For more information, please go to “www.orangeandcrane.com”.

    For information regarding our intellectual property complaint procedure, please go to “www.orangeandcrane.com”. Any use of OCIʼs trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with OCIʼs then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: “www.orangeandcrane.com”.

  15. General Practices Regarding Use and Storage

  16. You agree that OCI has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by AHENTE APP SERVICES. You acknowledge that OCI may have set no fixed upper limit on the number of transmissions you may send or receive through AHENTE APP SERVICES or the amount of storage space used; however, we retain the right however, at our sole discretion, to create limits on the number of transmissions or amount of storage space, at any time with notice to users and subscribers.

    Upon the termination of your use of AHENTE APP SERVICES, including upon receipt of a certificate or other legal document confirming your death, OCI will close your account and you will no longer be able to retrieve Content contained in that account.

  17. Personal Non-Commercial Use

  18. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of AHENTE APP SERVICES, use of AHENTE APP SERVICES, or access to AHENTE APP SERVICES, except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

    By agreeing to these Terms and Conditions, you hereby acknowledge that you may be held liable for damages and other actions in case of unauthorized use of the AHENTE APP SERVICES or any portion thereof.

  19. Modifications to Service

  20. OCI reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, AHENTE APP SERVICES (or any part thereof) with or without notice. In case of temporary or permanent discontinuance of AHENTE APP SERVICES , we will post a prominent prior notice in our website and app to allow users and subscribers to download any Content submitted, posted, or displayed on or through our Services.

  21. Termination

  22. You may discontinue your use of AHENTE APP SERVICES at any time by deleting your account. You agree that OCI may, at any time and for any reason, including a reasonable period of account inactivity, restrict, suspend, or terminate your access to AHENTE APP SERVICES , terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to AHENTE APP SERVICES, your account, or any files or other Content contained in your account. Sections 11 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) of the Terms, shall survive expiration or termination.

    You agree not to hold OCI liable or responsible for any loss or damage incurred by you arising from, or in connection with the restriction, suspension, and/or termination of your Account.

  23. Links

  24. AHENTE APP SERVICES may provide, or third parties may provide, links to other World Wide Web sites or resources. OCI may have no control over the terms and conditions of such sites and resources and you acknowledge and agree that OCI is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that OCI shall not be responsible or liable, 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, goods or services available on or through any such site or resource.

  25. Indemnity

  26. You agree to hold harmless and indemnify OCI, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “OCI and Partners”) from and against any third party claim arising from or in any way related to your use of AHENTE APP SERVICES, violation of the Terms or any other actions connected with the use of AHENTE APP SERVICES, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneysʼ fees, of every kind and nature. In such a case, OCI will provide you with written notice of such claim, suit or action.

  27. Disclaimer of Warranties

  28. You expressly understand and agree that your use of the AHENTE APP SERVICES is at your sole risk. AHENTE APP SERVICES are provided on an “as is” and “as available” basis, to the maximum extent permitted by law. OCI and its partners expressly disclaim all warranties and conditions of any kind, whether expressed or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

    OCI and its partners do not warrant that (i) AHENTE APP SERVICES will meet your hardware, system or device requirements, (ii) AHENTE APP SERVICES will be uninterrupted, timely, AHENTE APP SERVICES will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through AHENTE APP SERVICES will meet all your expectations, and (v) any errors in the software will be corrected.

    Any material downloaded or otherwise obtained through the use of AHENTE APP SERVICES is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

    No advice or information, whether oral or written, obtained by you from OCI or through or AHENTE APP SERVICES shall create any warranty not expressly state in these Terms.

  29. Limitation of Liability

  30. You expressly understand and agree that OCI and its partners shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of data, or other intangible losses (even if OCI and its partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use AHENTE APP SERVICES ; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the AHENTE APP SERVICES ; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on AHENTE APP SERVICES ; or (v) any other matter relating to the AHENTE APP SERVICES .