Terms and Conditions for PASS User
Created March 27, 2020
IMPORTANT – Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the PASS Software, and the Services (as each defined below) provided by PASS.
If you accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the PASS Software and/or the Services. By using the Services, you hereby expressly agree to these Terms and Conditions.
These Terms and Conditions are effective as of 27 March 2020.
• “PASS” refers to PASS App Philippines, or its affiliates, as the context requires, (collectively “PASS”).
• “User” refers to any Committed User or any User who has agreed with PASS to use its Services;
• “Service” or “Services” refers to the service provided by PASS whereby, through the Software, the User registers for the ECQ Pass Online Application, uses the PASS mobile app, and any other operations or activities of PASS. “Services” also refers to providing information on the health, check-ins and contact information of Users, for purposes specified in Section , and any information relating to the service requested by the User to the User;
• “Software” refers to PASS’s technologies, website, and/or applications;
• “Terms and Conditions” refers to these terms and conditions in their entirety, which are applied to the Services, as set out on www.passapp.ph and any amendments thereof made from time to time by PASS and published on the Website and/or Software;
• “User” refers to any person or customer of PASS who accesses, downloads, register, or utilizes the Software to make a booking for delivery of Goods by means of the Services.
• “Website” refers to www.passapp.ph and/or any of its subdomains.
II. Purposes of Information Processing
• The Company gathers, processes, and stores your information for the following general purposes:
• Historical, statistical and scientific purposes;
• Protecting vitally important interests, including my life and health;
• Responding to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate;
• Eliciting feedback, suggestions, and comments;
• Responding to questions;
• Auditing, compiling of records, analyzing data, and other internal administrative purposes;
• Preventing and prosecuting crimes
• Complying with obligations required by Philippine laws; and
• Communicating with the data subject for purposes stated in the Notice
• Specifically, information from the users are utilized for the following purposes:
• Providing and processing services as requested or availed by the user, including any request to download and use the Company’s Software such as the PASS App
• Providing benefits offered to subscribers or users;
• Processing information exchanges;
• Processing participation in Company-led activities, research studies, contests, promotions, polls, or similar events;
• Analyzing customer needs and preferences and other customer-related matters;
• Enhancing products and services; and
• Processing of information for other legal and research purposes
III. Security of Personal Information
The Company guarantees the data subjects the implementation of proper organizational, physical and technical measures to protect personal information against any accidental or unlawful destruction, alteration and disclosure, and other unlawful processing of information. The Company assures the data subjects that measures are taken to safeguard personal information from natural and human dangers and recognizes its responsibility to determine the appropriate level of security to be maintained in dealing with various forms of information.
The Company has implemented a security policy within its organization in dealing with the collected information. The Company also accounts for foreseeable vulnerabilities in information collection, processing, and retention, monitors compliance with its security policy, and takes preventive measures to avoid a breach of rights of the data subjects.
The Company undertakes to notify the National Privacy Commission (NPC) and affected the data subjects in case of the information breach and other events of similar nature for mitigating purposes.
The Company mandates its employees, agents or representatives involved in the processing of personal information to hold information under strict confidentiality, with such obligation as a continuing one, even if they have officially severed their relations with the Company.
The Company also invokes the principle of privileged communication over privileged information under the Rules of Court as to the information they lawfully control or process.
IV. Rights of Data Subject
The Company recognizes and takes responsibility for upholding every right of the data subject as mandated by the Data Privacy Act of 2012. The following are the recognized rights of the data subject:
• To be informed whether his or her personal information shall be, are being or have been processed;
• To access the information gathered, processed, or stored upon reasonable and valid demand;
• To dispute the inaccuracy or error in the information;
• To request the Company to correct information immediately and accordingly;
• To obtain from the Company a copy of data undergoing processing in an electronic or structured format;
• To request to limit the processing of information; and
• To make inquiries regarding the information gathered, processed, and used
The Company, however, reserves the right to refuse requests to access or rectify information for valid reasons, such as vexatious and unjustifiable requests.
V. User’s Obligations
User is responsible for providing his/her own device which must be compatible with the Software.
User agrees to abide by the rules and regulations published by PASS in the information center of the User application. Furthermore, User acknowledges and agrees that PASS may levy fines and sanctions to the User if such User has been deemed by PASS to have violated such rules and regulations.
VI. User’s Limited Liability
Users shall not be liable for any loss or damage which arises from or is suffered in relation to the following:
• The User’s failure to perform its obligation under Section 2;
• The User’s failure to perform any of his obligations as a consequence of circumstances outside his control, in which case, User shall exercise all commercially reasonable efforts to mitigate any loss or damage that may be suffered by the Goods as a consequence thereof; or
• Any acts or omissions, whether done intentionally or due to negligence, of any party other than the User.
Under no circumstances will User be held liable for any Indirect Loss or Damage.
VII. User’s Prohibition
User shall, by no means or circumstances, use the Services or Software to commit, cause, induce, promote, or support any illegal acts or violate the personal and property rights or privacy of any person including tracking, stalking, and harassing any person.
User shall, by no means, use the Services and Software to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any party.
User shall not take any action that may cause delay, damage, or destroy the operation of the Services or Software or the servers and network in which the Software is connected.
User shall make no attempts to undermine, impair, or damage PASS’s Service or business, for example, by attempting to circumvent the Service or Software by contacting the User directly, or discouraging the User to use the Service or Software. PASS reserves the full right to make its own determination of which action shall is analogous to the foregoing and recognize the same as such detrimental act.
User shall not commit any misrepresentation in the use of the Services or Software including acts of using the Services or Software in the name of another party. User shall also refrain from using the Software stored on device of any other person or allow another person to use his account.
User shall ensure custody of his device where the Software is installed at all times, as well as his username and password. User shall be responsible for any booking or activity done through his account and may not excuse himself from liability should a third party access the same without his consent. In the event User’s device was lost or stolen, he shall immediately inform PASS of such and work with PASS in ensuring that the data stored therein will not be illegally used or misappropriated.
VIII. User’s Personal Data
User confirms that any personal data provided to PASS is true and up to date. Should there be any changes in the data provided, User confirms that he will inform PASS of such change as soon as possible, in any case not later than [24 hours] after the change occurred.
User agrees to allow PASS use of his/her personal data (include but not limited to name, contact number, email, and address) and transfer such data to the User to provide the Services. User also grants PASS the freedom and authority to compile, collect, store, and update his/her personal data to such extent, for and at such time period as may be necessary during the time PASS provides the Services.
IX. PASS’s Disclaimer
PASS and its Services, including but not limited to its Services, Software, and customer service are provided to the User on an “as is” basis.
PASS provides no warranty, assurance, or promise that its Services, Software, or customer service will work as the whole time as intended on User’s phone, computer, tablet or other device.
PASS does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, or Software.
PASS is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the User’s mobile device or any applications stored therein as a result of installation or use of PASS’s Software.
PASS is not liable for any losses or damages, including but not limited to any injury which the User or any person may suffer, any damage to property owned by or in the possession of the User or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Users, or the process of providing the Services. Any movement involving a User and a User is a direct contract for hire between those parties to which PASS is not a party.
In providing the Services, PASS does not act as an agent or representative for any User and is not a party to the contract for hire between a User and a User.
X. Intellectual Property Rights
The Website, the Software, and all rights, title, and interest in and related thereto are the sole property of PASS, its licensors, and are protected by Intellectual Property Laws. Except for, when applicable, the limited licenses expressly granted to you in these Terms and Conditions, PASS reserves for itself and its licensors all other rights, title to, and interest.
Third party materials, if any, and all rights, title, and interest pertaining thereto, are the sole property of the relevant third parties and are subject to any applicable licenses, conditions and/or reservations.
XI. User Submitted Content and Feedback
PASS welcomes comments, and suggestions regarding the Services, the Software and Website. Please note however, that PASS does not accept nor consider creative ideas, suggestions, inventions or materials other than those which it has specifically solicited or requested.
If you submit feedback regarding the Software, Website or Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you proceed, despite this notice, in sending PASS creative suggestions, ideas, drawings, concepts, inventions, or other content or information, you understand and agree that these submissions shall become property of PASS. Further, by submitting the same, you irrevocably assign the right to these submissions and PASS shall own exclusively all rights to these submissions and shall be entitled to the unrestricted use of these submissions for any purpose whatsoever, without compensation to you or any other person.
Without limitation on the foregoing, User may not reproduce, copy, modify, display, sell or distribute the Software, or any content displayed on the Software, or use them in any other way for public or commercial purpose without securing the consent of PASS, and or the relevant third party. Violation of this provision would automatically terminate your permission to use the Software or access the Services, as such you must immediately destroy any and all copies you made of the Software or any content displayed therein.
Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider,” any web pages or any Services provided on the Software other than any search engine and search agents available from PASS on the Software and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Opera, Chrome, etc.); and (c) aggregating, copying or duplicating in any manner any of the content or information available from the Software, without the express written consent of PASS. The use of the content from the Software on any other website, intranet, or in a networked computer environment for any purpose is strictly prohibited.
“PASS”, “PASS Logo”, “PASS Quarantine Hero”, “Quarantine Hero” and certain other names, logos and taglines are service marks or trademarks of PASS, and all related product and service names, design marks and slogans are the service marks or trademarks of PASS. The “look and feel” of the Software and Website (including, without limitation, the color combinations, button shapes, layout, design, and all other geographical elements) are also protected by PASS trademarks, service marks, and copyrights). Any code that PASS creates or may have created to generate or display the Software, Website or the pages of the Website are also protected by intellectual property rights. All other trademarks and service marks contained on the Software and Websites are the trademarks or service marks of their respective owners.
PASS may amend these Terms and Conditions from time to time and it reserves the right to do so without prior notice. Any amendments of the Terms and Conditions shall be posted on PASS’s website and/or Software.
PASS may send any information regarding the Service or promotion to the User in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The User permits PASS to send these electronic messages to the User via the contact channels provided to PASS by the User at the time of registering its account, or any changes thereto communicated to PASS.
User accepts fully and unconditionally the current form of the Terms and Conditions as represented on PASS’s website and/or Software at each use of the Services.
These Terms and Conditions shall be governed by the laws of the Republic of the Philippines.