Terms of Use Agreement

Welcome to our Web Site. By using our site, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “ERC” or “us” or “our” refers to the Energy Regulatory Commission, the owner of the Web Site. The term “you” refers to the user or viewer of our Web Site. The word “Agreement” refers to the Terms of Use Agreement. The word “Site” refers to this Web Site.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Agreement with respect to our Site. This Agreement constitutes the entire agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, or services provided by or through the Site, and the subject matter of the Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Service Marks

“buyyourelectricity.com.ph” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

3. Usage of the Site

This site is designed for your use to obtain the information regarding data and relevant information on the ERC and its functions. Said information is free for the public.

4. Restrictions and Prohibitions on Use

Your license to access and use of the Site and any information, materials or documents (“Contents and Materials”) therein are subject to the following restrictions and prohibitions on use; You may not (a) sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (d) use any automatic or manual process to harvest information from the Site; (e) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (f) use the Site in a manner that violate any law regulating e-mail, facsimile transmissions or telephone solicitations; and (g) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the Philippines.

5. Forms, Agreements and Documents

We make available through the Site or through other Web sites sample and actual forms, business documents and legal documents (“Documents’). All documents are provided on a non-exclusive license basis only for your personal use, for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the documents disclaim any warranties, including but not limited to the fitness for a particular purpose. The documents may be inappropriate for your particular circumstances. Furthermore, laws in your jurisdiction may require different or additional provisions to ensure the desired result. You should consult with your local legal counsel to determine the appropriate legal or business documents necessary for your particular transaction, as the Documents are only samples and may not be applicable to particular situation. Some documents are public documents or available from public records.

6. Policy on Unsolicited Commercial E-mail

We do not authorize the use of the Site for purposes of gathering information for or transmitting unsolicited bulk commercial e-mail over the Internet to persons or entities listed on the Site or other third parties. You are prohibited from harvesting e-mail addresses from the Site for the purpose of sending unsolicited bulk commercial e-mail.

7. No Legal Advice or Attorney-Client Relationship

Information contained or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstances and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

8. Linking to the Site

You may provide links to the Site with the approval of the ERC, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice, or other notices on the Site; (b) your site does not engage in illegal or pornographic activities; and (c) you discontinue providing links to the Site immediately upon request from us.

9. Registration

Certain sections of the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on network. You are responsible for preventing such unauthorized use.

10. Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

11. Third Party Content/Copyright

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect our belief.

12. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

13. Indemnification

You agree to indemnify, defend and hold us and our agents, officers, directors, employees, successors, assigns, third party suppliers of information and documents, attorneys, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the

14. Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

15. Limitation of Liability

We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, or (d) the content contained on the Site.

16. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (“Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for any ideas. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any purpose whatsoever, without compensation to you or any other person or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the same, including its legality, reliability, appropriateness, and copyright.

17. Privacy Policy

This Site is provided as a public service by the ERC. Safeguarding the privacy of individuals who visit our Site is of utmost importance to us.

The information we receive and what we do with it depends on what you do while visiting our Site. Except as needed to protect our Site’s security, we do not even try to identify individual users or their usage patterns.

Individuals using our system without authority are subject to having all of their activities on our system monitored and recorded by our computer system personnel. In the course of monitoring individuals improperly using this system, or in the course of system maintenance, the activities of authorized users may also be monitored. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, our computer system personnel may provide the evidence of such monitoring to law enforcement officials.

(1) If you identify yourself by sending e-mail, we use your personal information to process your request, question, etc. Your message may be forwarded, as e-mail to our other employees who are better able to help you. Except as noted, we never disclose personal information to third parties except to further the purpose for which you provide the information (such as forwarding your question to another place that may be better able to provide assistance) or if disclosure is required by law.

E-mail does not constitute official communication with us and is not normally entered into the public record of our proceedings. However, e-mail containing communication about a specific ERC proceeding, particularly if addressed to an individual ERC official, may be entered into the public record. Please read “Contact Us” for more information about how to communicate your needs properly to ensure prompt service.

(2) Data explicitly submitted to us through the filling-out of on-line forms (e.g. electronic filing) is handled and saved in accordance with the E-Commerce Law and in accordance with our rules and regulations.

18. Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

19. Legal Compliance

We agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

20. Miscellaneous

This Agreement shall be treated as though it were executed and performed in Pasig City, Philippines, and shall be governed by and construed in accordance with laws of the Philippines (without regard to conflict of law principles). Any cause of action with respect to the Site (and/or information, documents, or services related thereto) must be instituted within one (1) year after the cause of action arose or will forever be waived and barred. All actions shall be subject to our Disclaimer. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned to us in our sole discretion to a third party in the event of our being abolished or merged or reorganized. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

21. Arbitration

Any legal controversy or legal claim arising out or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for or obtain any injunction relating thereto, Site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with existing Philippine laws, rules and regulations. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be done in Pasig City. All judicial processes in connection therewith shall be in the same venue.