Conditions of Use

Welcome to www.mypad.net, an official website of PLDT. PLDT through its myPad website and its affiliates provide their services to you subject to the following conditions. If you visit or shop at the myPad website, you are deemed to have accepted these conditions. Please read them carefully. In addition, when you use any current or future myPad service or feature or visit or purchase from any business affiliated with myPad, whether or not included in the myPad web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to myPad in order to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the myPad web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of myPad or its content suppliers and protected by Philippine and international copyright laws. The compilation of all content on this site is the exclusive property of myPad and protected by Philippine and international copyright laws. All software used on this site is the property of myPad or its software suppliers and protected by Philippine and international copyright laws.

TRADEMARKS

PLDT, PLDT myPad, myPad and other marks indicated on our site are registered trademarks of PLDT or its subsidiaries, in the Philippines. PLDT myPad's trademarks and trade name may not be used in connection with any product or service that is not PLDT's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PLDT or myPad. All other trademarks not owned by PLDT or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PLDT or its subsidiaries.

LICENSE AND SITE ACCESS

myPad grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of myPad. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PLDT or myPad. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of myPad and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing myPad's name or trademarks without the express written consent of myPad. Any unauthorized use terminates the permission or license granted by myPad. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of myPad so long as the link does not portray PLDT, myPad, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PLDT or myPad logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. myPad does not sell products for children. Products which may be intended for children and sold through the myPad site shall be purchased by adults, who can make purchases once their myPad account has been approved. Such purchases will be charged to the PLDT landline bill or by any other means offered by the myPad website. If you are under 18, you may use PLDT myPad only through a parent or guardian. myPad and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. myPad reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant myPad and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant myPad and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify myPad or its affiliates for all claims resulting from content you supply. myPad has the right but not the obligation to monitor and edit or remove any activity or content. myPad takes no responsibility and assumes no liability for any c content posted by you or any third party.

COPYRIGHT COMPLAINTS

myPad and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

RISK OF LOSS

Some items purchased or services availed of from myPad may be made pursuant to a shipment contract. In which case, the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

myPad and its affiliates attempt to be as accurate as possible. However, myPad does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by myPad itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products or services on our website represents the full retail price listed on the product or service itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold or services offered by myPad, prices are posted on the website before you place an order. We do NOT charge you until after your order has entered our server. Despite our best efforts, a small number of the items in the website may be erroneously priced. If we discover an erroneous pricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount. If it is an item that requires shipping, we will ship the item to you.
• If an item's correct price is higher than our stated price, we will, at our discretion, cancel your order and notify you of such cancellation. Should the item require shipping, we will also cancel it and inform you accordingly.

Please note that this policy applies only to products sold and shipped or services offered by myPad. Your purchases from third-party sellers using myPad web site shall not be covered by the foregoing terms. Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

PRODUCT REPRESENTATIONS/WARRANTIES

You agree that not all the products and services sold through myPad are the products and services of PLDT. Subject to compliance with certain regulatory requirements and authorizations, you agree that any representation or warranty carried by a specific product or services is the representation or warranty of the manufacturer or service provider thereof, and in no way the representation and/or warranty of PLDT. To this extent, you agree to hold PLDT and myPad free and harmless from any and all claims, liabilities, suits or damages which you or any user of a product or service sold through the myPad may suffer as a result of or on the occasion of said purchase and/or use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY PLDT myPad ON AN "AS IS" AND "AS AVAILABLE" BASIS. myPad MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, myPad DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLDT myPad DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM myPad ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. myPad WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting myPad, you agree that the laws of the Republic of the Philippines, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and myPad or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to myPad or to the products or services you purchase through myPad shall be submitted to confidential arbitration in Makati City, Metro Manila, Philippines, except that, to the extent you have in any manner violated or threatened to violate myPad's intellectual property rights, in which case, you agree that myPad may seek injunctive or other appropriate relief in any court in the Philippines, and you consent to the exclusive jurisdiction of such courts and venue in Makati City, Philippines. Arbitration under this agreement shall be conducted under the applicable arbitration laws of the Philippines. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to myPad. myPad reserves the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Philippine Long Distance Telephone Company
Ramon Cojuangco Building
Makati Avenue, Makati City
Philippines
http://www.mypad.net

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PLDT with the written information specified below. Please note that this procedure is exclusively for notifying myPad and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.