6. TERMS OF USE

6.1 The license to use this Site and Services is effective until terminated. This may occur if you violate any terms or conditions. Buudl may terminate the license with or without notice.

User Conduct Restrictions:

1. You agree not to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
2. You agree not to violate any laws, including those related to export and import restrictions, or infringe on third-party rights.
3. You agree not to upload, post, or transmit content featuring an unsupervised minor or use the Services to harm minors.
4. You agree not to use the Services to impersonate any person or entity or misrepresent your affiliation with any person or entity.
5. You agree not to forge headers or manipulate identifiers to disguise the origin of any content transmitted through the Services.
6. You agree not to remove any proprietary notices from the Site.
7. You agree not to modify, create derivative works, or translate the Services without express permission from Buudl.
8. You agree not to use the Services for the benefit of any third party or in any manner not permitted by the licenses granted herein.
9. You agree not to use the Services or upload content in a manner that is fraudulent, unconscionable, false, misleading, or deceptive.
10. You agree not to open and/or operate multiple user accounts in violation of these Terms of Service.
11. You agree not to access the Buudl platform, open a user account, or access your account using any non-official Buudl hardware or software, including but not limited to emulators or bots.
12. You agree not to manipulate the price of any item or interfere with other Users' listings.
13. You agree not to take any action that may undermine feedback or ratings systems.
14. You agree not to attempt to decompile, reverse engineer, disassemble, or hack the Services or defeat or overcome any encryption or security measures implemented by Buudl.
15. You agree not to harvest or collect any information about other Account holders, including personal data.
16. You agree not to upload, post, or transmit content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
17. You agree not to upload, post, or transmit content that infringes on any intellectual property rights of others.
18. You agree not to upload, post, or transmit any unsolicited advertising, promotional materials, or other unauthorized forms of solicitation.
19. You agree not to upload, post, or transmit material containing viruses, worms, Trojan horses, or other harmful computer code.
20. You agree not to disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges.
21. You agree not to interfere with, manipulate, or disrupt the Services or networks connected to the Services.
22. You agree not to engage in any conduct that could damage, disable, or impair the Services or the servers or networks connected to the Services.
23. You agree not to use the Services to intentionally or unintentionally violate any applicable law, rule, or regulation.
24. You agree not to use the Services to violate the privacy of others or to "stalk" or harass another.
25. You agree not to infringe the rights of Buudl, including any intellectual property rights.
26. You agree not to use the Services to collect or store personal data about other Users in connection with the prohibited conduct listed above.

Buudl reserves the right to remove or block any content that violates these terms and may disclose your information to legal authorities if required.

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of these Terms of Service may result in a range of actions, including, without limitation, any or all of the following:

1. Listing deletion
2. Limits placed on Account privileges
3. Account suspension and subsequent termination
4. Criminal charges
5. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
6. Withdrawal of any subsidies offered to you, cancellation or suspension of any transactions associated with your Account and User ID, the temporary or permanent withholding of sale proceeds or refunds, and/or initiation of debit or credit entries in your Seller Balance (if applicable) as outlined in Sections 4.3.
7. Any other action Buudl is authorized to undertake according to applicable laws

7.2 If you believe a User on our Site is violating these Terms of Service, please contact helpandsupport@buudl.com

8. PURCHASE AND PAYMENT

8.1 Buudl supports one or more of the following payment methods:

1. Credit Card Card - payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
2. Cash on Delivery (COD) - Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
3. Other online payment channels - Buyers may pay through the various online payment channels available on the Site.

8.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Philippine Peso.

8.3 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

8.4 We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

8.5 Buyers may only change their preferred mode of payment for their purchase prior to making payment.

8.6 Buudl takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or a wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

9. GUIDELINES FOR REVIEWS

9.1 We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. You should have firsthand experience with the person/entity being reviewed;
2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. Your reviews should not contain references to illegal activity;
5. You should not be affiliated with competitors if posting negative reviews;
6. You should not make any conclusions as to the legality of conduct;
7. You may not post any false or misleading statements; and
8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

9.2 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

10. BUUDL PURCHASE PROTECTION

10.1 Buudl Purchase Protection is a service provided by Buudl or its authorized agent to safeguard purchases. Payments made to sellers using Buudl's Services will be held by Buudl or its authorized agent).

Buudl Purchase Protection is available only to buyers who make payments through Buudl's provided channels into the Buudl Purchase Protection Account. Payments made outside of the Buudl platform between buyers and sellers are not covered by Buudl Purchase Protection.

10.2 After a buyer makes the payment for their order ("Buyer's Purchase Funds"), these funds will be held in the Buudl Purchase Protection Account until:

1. The buyer confirms receipt of the purchased items, in which case, unless 10.2(d) applies, Buudl will release the Buyer's Purchase Funds (minus any applicable fees) to the seller.
2. The Buudl Purchase Protection Period (or any approved extension under 10.3) expires, in which case, unless 10.2(c) or 10.2(d) applies, Buudl will release the Buyer's Purchase Funds (minus any applicable fees) to the seller.
3. Buudl determines that the buyer's request for a return or refund is successful, in which case, unless 10.2(d) applies, Buudl will issue a refund to the buyer, in accordance with the Refunds and Return Policy.
4. At another time as determined by Buudl, where it deems it necessary to comply with applicable laws, court orders, or to enforce these Terms of Service.

10.3 If the seller's bank account cannot be credited and/or the seller cannot be contacted, Buudl will make reasonable efforts to reach the seller. If the seller remains unreachable and the Buyer's Purchase Funds are unclaimed for more than six (6) months, Buudl will handle the unclaimed funds in accordance with applicable laws.

10.4 Sellers and buyers must be the beneficial owners of their accounts and conduct transactions on the platform only on their own behalf. Sellers must register their accounts with Buudl under their legal name and tradename, as required by applicable laws. Buudl may request personal information, such as identity verification documents, for compliance and verification purposes.

10.5 The Buudl Purchase Protection is an additional layer of protection and does not replace any legal obligations that buyers or sellers may have under applicable laws. Buudl accepts no liability for compliance with such obligations.

10.6 Buyers and sellers agree that Buudl's decisions regarding any issues concerning Buudl Purchase Protection are final.

10.7 For clarity, transactions not conducted on the Buudl platform do not qualify for Buudl Purchase Protection.

11. DELIVERY

11.1Buudl will notify the seller when it receives the buyer’s purchase funds. Unless otherwise agreed with Buudl, the seller should then arrange for the purchased item to be delivered to the buyer and provide details such as the name of the Logistics Service Provider (as defined below) and the tracking number to the buyer through the platform.

11.2 The seller must make every effort to ensure that the buyer receives the purchased items within either the Buudl Protection Period or the time period specified by the seller in the item listing.

For deliveries within the Philippines, the seller and buyer may select the logistics service company to handle the delivery in collaboration with Buudl. Buudl acts as an intermediary connecting the seller and buyer with the chosen Logistics Service Provider. The seller and buyer are responsible for appointing and using the Logistics Service Provider for the delivery of products. Shipping costs, referred to as the Shipping Fee, are the responsibility of the buyer and seller.

Subject to 11.1, delivery will be managed by the Logistics Service Provider, not by Buudl. Buudl will facilitate reports or complaints from buyers if the purchased item is not received within the estimated timeframe. If the buyer has not received the purchased item within the expected timeframe according to Buudl’s policies and protection terms, the buyer must notify Buudl customer service through the platform. Buudl will then forward the notification to the seller and/or Logistics Service Provider to find a resolution.

11.3 Buudl may offer buyers a guaranteed delivery date for eligible products ("Eligible Products"). If an Eligible Product does not arrive by the guaranteed delivery date as specified on the Order Details page on the platform ("Guaranteed Arrival Date"), Buudl may issue a voucher ("On Time Guarantee Voucher") to the buyer. Delivery dates shown on the Product Details page are indicative estimates only, and Buudl is not responsible for any delivery dates not specified on the Order Details page. For Eligible Products, once the Guaranteed Arrival Date has passed, buyers must claim the On Time Guarantee Voucher on the Order Details page within three (3) days of clicking “Order Received” or, if “Order Received” is not clicked, within three (3) days of the Eligible Product status being marked as “Completed” on the platform. Failure to claim within this period will result in the voucher being forfeited. On Time Guarantee Vouchers cannot be exchanged for cash, are based on availability, and are subject to terms and conditions set by Buudl. By using the voucher, the buyer waives all claims against Buudl related to a failed or late delivery of Eligible Products.

11.4 Users understand that the seller bears all risks associated with the delivery of purchased items and warrants having adequate insurance coverage for the delivery. In the event of damage, loss, or failure to deliver the purchased items, users agree that Buudl will not be liable for any resulting damage, costs, or fees, and that the seller and/or buyer will need to resolve the dispute with the Logistics Service Provider.

For all delivery services, Buudl's responsibility is limited to facilitating reports or complaints to the seller and/or the Logistics Service Provider. If the buyer does not notify Buudl within a reasonable time frame as specified in Buudl’s policies, the buyer will be deemed to have received the purchased item in accordance with Buudl’s policies. Both buyers and sellers understand and agree that Buudl is not liable for any damages, costs, or fees arising from shipping issues, and any complaints should be addressed with the Logistics Service Provider through Buudl.

12. CANCELLATION, RETURN AND REFUND

12.1 The buyer may only cancel their order prior to the payment of the buyer’s purchase monies into the Buudl Guarantee Account.

12.2 The buyer may apply for the return of the purchased item and a refund, subject to and in accordance with Buudl’s Refunds and Return Policy. Please refer to Buudl’s Refunds and Return Policy for further information.

12.3 Buudl reserves the right to cancel any transaction on the platform, and the buyer agrees that the buyer’s sole remedy will be to receive a refund of the buyer’s purchase monies paid into the Buudl Guarantee Account.

12.14 If you have redeemed Buudl Coins for your transaction and you are successful in obtaining a refund based on Buudl’s Refunds and Return Policy, Buudl shall refund the monies you have actually paid for the purchased item and credit back any redeemed Buudl Coins to your account separately.

12.5 Buudl does not monitor the cancellation, return, and refund process for offline payments.

13. SELLER INCOME

13.1 Seller Income facilitates the storage of money Sellers receive from their sales. The sum of this money, minus any withdrawals, will be reflected as a Seller Balance.

13.2 Seller may transfer funds from the Seller Income to his/her linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) up to a maximum of PhP500,000.00 per day. Buudl may also automatically transfer funds from the Seller Income to a Seller's Linked Account on a regular basis, as determined by Buudl. Buudl shall only process such transfers on business days and such transfers may take one (1) to three (3) business days to be reflected in a Seller’s Linked Account.

Seller must ensure that his/her Linked Account is at all times under the registered name or tradename of Seller with the relevant tax authority in compliance with and where required by applicable laws. To verify whether this requirement applies to you as a Seller, you may wish to refer to this Seller Education Hub article for more information.

13.3 Money from a Seller's sale of items on Buudl shall be credited to the Seller Income within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item. Money from refunds of items on Buudl shall be debited from your Seller Balance within one (1) day of the return or refund request being approved.

13.4 Once submitted, Seller may not modify or cancel a Withdrawal Request.

13.5 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to debit the amount and applicable fees from your Seller Balance in the future.

13.6 You authorize us to initiate debit or credit entries to your Seller Income:

1. To correct any errors in the processing of any transaction;
2. where Buudl has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
3. in connection with any lost, damaged or incorrect items;
4. in connection with any rewards or rebates;
5. in connection with any uncharged fees;
6. in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
7. In connection with any liability or payment that Buudl has determined is attributable to breach of your obligation/s to Buudl, other Users or third parties, including any behaviour that is harmful to other Users, third parties, or the business interests of Buudl;
8. in connection with any banned items or items that are detained by customs;
9. in connection with any change of mind agreed to by both Buyer and Seller;
10. in connection with the settlement of any outstanding amount (or other obligation) owed to Buudl or any of its affiliates, subject to applicable law.

13.8 If your Account has been terminated, deactivated, or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as Buudl may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining Seller Balance in your Account. The amount and frequency of such fee shall be as Buudl may prescribe from time to time.

14. SELLER’S RESPONSIBILITIES

14.1 Seller shall properly manage and ensure that relevant information such as the price and the details of products for sale, and terms and conditions for sales are updated on Seller’s listing and shall not post inaccurate or misleading information.

14.2 The price of products for sale will be determined by Seller at his/her own discretion. The price of a product and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

14.3 Seller agrees that Buudl may at its discretion engage in promotional activities to facilitate transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways determined by Buudl from time to time. The final price that Buyer will pay will be the price with this adjustment applied to it.

14.4 Seller shall issue invoices to Buyer.

14.5 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the product sold and Buudl cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

14.6 Seller acknowledge and agrees that Seller’s violation of any of Buudl’s policies will result in a range of actions as stated in Section 7.1.

15. SELLER FEES

15.1 Buudl charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by Seller and is calculated as 2.24% of Buyer’s Purchase before any Site rebates, discounts, vouchers, and Buudl Coins, rounded to the nearest peso. The Transaction Fee is inclusive of value-added tax.

15.2 In addition to the Transaction Fee, Buudl charges a commission fee for all successful transactions completed by Seller on the Site (“Buudl Commission Fee”) upon listing the first product. The Buudl Commission Fee is borne by Seller and is calculated as a percentage of the Gross Settlement Price. “Gross Settlement Price” means the final product price after deducting any Seller-sponsored shop discounts or vouchers, rounded to the nearest peso. For the avoidance of doubt, the Gross Settlement Price shall not be affected by Site rebates, discounts, vouchers, and Buudl Coins. The Buudl Commission Fee is inclusive of value-added tax.

15.3 Seller might be accountable for a portion of the Shipping Fee if (a) the courier is PhilEX and only if (2) when the Seller ships out less than six (6) parcels per pick-up arrangement as per courrier policy.

15.4 Following the successful completion of a transaction, Buudl shall deduct the Transaction Fee, Buudl Commission Fee, Seller’s proportion of the Shipping Fee (if applicable), and withholding tax (if applicable) from the Buyer’s Purchase and remit the balance to Seller in accordance, Buudl shall issue to Seller official receipts or such other document required by applicable law for the Transaction Fee and Buudl Commission Fee and a Certificate of Creditable Tax Withheld at Source (BIR Form No.2307) for the withholding tax deducted from the Buyer's Purchase, if any, in accordance with applicable law. For more information on the applicable withholding tax to be deducted from your Buyer's Purchase Monies, if any, and how you could claim your Certificate of Creditable Tax Withheld at Source (BIR Form No.2307) from Buudl.

16. DISPUTE RESOLUTION

16.1 In the event a problem arises in a transaction, Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Buudl shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions after 48 hours, Users may report the buyer/seller by filling out a form and a ticket will be issued. Buudl will intervene and inform the users of the resolution by the admin.

16.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Buudl in relation to any transaction made on the platform or any dispute related to such transaction.

16.3 Buudl may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist users resolving their dispute. For more information, please refer to Buudl’s Refunds and Return Policy.

17. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to:

1. monitor the Services for violations of these Legal Terms;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. otherwise, manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

18. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:https://buudl.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the Philippines. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Philippines, then through your continued use of the Services, you are transferring your data to the Philippines, and you expressly consent to have your data transferred to and processed in the Philippines.

19. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

20.1. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

20.2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

21. MOBILE APPLICATION LICENSE

21.1. If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the App;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
5. use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
8. use the App to send automated queries to any website or to send any unsolicited commercial email; or
9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

21.2. The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services:

1. the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
2. we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
3. in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
4. you represent and warrant that: (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VolP application, then you must not be in violation of their wireless data service agreement when using the App; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

22. GOVERNING LAW

Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Philippine law. If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

23. DISCLAIMER

23.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BUUDL OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUUDL DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

23.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

23.3 BUUDL HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE BUUDL AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

24. EXCLUSIONS AND LIMITATIONS OF LIABILITY

24.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUUDL BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR: (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR (B) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF BUUDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

24.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BUUDL’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF BUUDL THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

25. INDEMNIFICATION

25.1. You agree to indemnify, defend and hold harmless Buudl, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Buudl or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Buudl Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Buudl, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

26. USER DATA

26.1 We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.