Terms and Conditions
- Load Airtime
- Free Bee
- Bills Payment
- Load as Payment, Digital Content: for more information, please contact your account representative or firstname.lastname@example.org
- Creation of additional Retailer “Downlines”- For more info, please check “My Account>>Retailer Management” or click this link www.myvortex1.com/account.
- Changes. We strive to continually improve our Services and offerings. You acknowledge that we may change our APIs from time to time, and that it is your responsibility to ensure that your use of our Services is compatible with then-current APIs for the Service. While we endeavor to avoid changes to our APIs that are not backward compatible, in the event that such a change is implemented we will use reasonable efforts to inform you of any material changes with notice whenever possible so that you can adjust your applications.
- Account. To access and use our Services, you will need to create a membership account on the Site (an “Account” or “My Account”). You must provide accurate and complete information and keep your Account information updated. By consenting to the creation of an Account, You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure; we will not be liable for losses caused by any unauthorized use of your Account by a third party. You may never use a third party’s account, registration information, or password on the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from applicable/relevant authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account by emailing email@example.com.
- resell any portion of the Services unless we otherwise specifically agree in writing and/or signed by our duly-authorized Officer in each instance;
- (A) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such reverse-engineering restrictions, (B) alter, modify, translate, or otherwise create derivative works of any part of the Services, or (C) copy, rent, lease, license, timeshare, distribute, or otherwise transfer any of the rights that you receive hereunder in any manner or medium; or
- use the Services in connection with any call types that would result in us incurring originating access charges, local exchange carrier “DIP” fees or other call types that may be subject to any reverse billing process, application or charge. In the event of a violation of this Section, Vortex may (i) immediately suspend or terminate the Service, and (ii) charge you an additional applicable cost) for all inbound SMS and voice Services from and after the date of any violation, and you shall promptly reimburse any additional amounts VORTEX is required to pay a third party resulting therefrom.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- Fees and Payment.
- Payment Method. Subject to Section 7(a) above, the terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
- Current Information Required. You must provide current, complete and accurate information for your billing account. you must promptly update all information to keep your billing account current, complete and accurate.
- Changes. You acknowledge that we reserve the right to change our fees from time to time, in our sole discretion. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount.
- Taxes. Unless otherwise provided, all charges and fees for the Services are exclusive of any country, province, federal, state or local taxes, including without limitation, use, sales, value-added, privilege, or other taxes, levies, imports, duties, fees, surcharges, governmental assessments and withholdings (“Taxes”). You will be solely liable for and will pay upon demand all Taxes associated with your access to and use of the Services and shall not deduct any such amounts, or any other withholdings, set-offs or deductions, from amounts you owe us. Without limiting the foregoing, if either you or Vortex (or its applicable affiliated entity) is compelled to pay any such Taxes or make such deductions or withholdings, then you shall pay Vortex such additional amounts as are necessary to ensure receipt by Vortex of the full amounts which Vortex would have received were it not for such deductions, withholding and/or the payment of such Taxes.. Upon our request, you will provide us with all information relevant to your payment or owing of all applicable Taxes.
- Customer Obligations and Responsibilities.
- Internet Connectivity. You are responsible for providing suitable hardware or communications equipment, and for all other infrastructure necessary to ensure your access to our Services. You are also responsible, at your own expense, for the provision and the regular monitoring of telecommunication and access infrastructure between your operations center and our platform.
- Feedback. Your feedback, comments and suggestions for improvements to the Site, our solutions and proposed solutions, and other Services (“Feedback”) are welcome. We continually strive to improve our Services and provide you with a remarkable customer experience, and accordingly may seek to incorporate your Feedback into the Services. You acknowledge and agree that all Feedback is and shall be the sole and exclusive property of us and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including without limitation all worldwide moral and other proprietary and intellectual property rights therein, notwithstanding anything else, and you will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.
- Limited Warranty and Disclaimer.
- Representations. Vortex represents and warrants to you that it has the corporate power and authority to enter into this Agreement and perform its obligations hereunder. We will use commercially reasonable efforts to address faults reported with respect to our proprietary platform that are within our control in a timely manner. We may temporarily suspend the Services in order to undertake maintenance or upgrades. Except in the event of a force majeure, substantial or total outage of the Services or other matters beyond our reasonable control or that we cannot foresee, we will endeavor to give you five (5) days prior notice (on the Site or otherwise) of such suspensions.
- Assumption of Risk. We have no special relationship with or fiduciary duty to you. You acknowledge and agree that we have no control over and have no duty to take any action regarding and shall have no liability for: (i) acts, faults or omissions of any third party telecommunications systems, networks or operators (including, without limitation, suspension or termination of our connections, or faults in or failures of their apparatus’ or network), (ii) which users gain access to the Services, (iii) what Content you access or receive via the Services, or (iv) how you may be affected by, interpret, rely upon, or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality or appropriateness of material or Content contained in or accessed through the Services.
- No Responsibility for Third Party Information, Acts or Omissions. Similarly, we do not guarantee, warrant or accept responsibility for information provided by, or acts or omissions of, direct and indirect users of our Services. We do not verify or evaluate information or data provided by third parties through the Services, and neither we nor our suppliers make any guarantees or warranties, express or implied, about any of the information offered or provided, including, without limitation, warranties relating to accuracy, availability, or results of use. We also have no control over and we accept no liability in connection with the telephone numbers submitted for verification purposes on our customers’ websites. We prohibit use of our services to impersonate others and for other fraudulent purposes, but we do not accept responsibility for third party actions. For example, if an end user has stolen, borrows, or has access to a phone and uses the relevant phone number for verification purposes through the Services, we are not responsible for such actions or any actions you may take based upon that information.
- Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ABOVE IN THIS SECTION 10, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY (E.G. AS TO LATENCY AND THROUGHPUT), AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR SUPPLIERS, PARTNERS AND LICENSORS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT (AND HEREBY EXPRESSLY DISCLAM ALL WARRANTIES) THAT: (I) THE SERVICES (OR ANY MOBILE OPERATORS) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, OR COMPLETE, OR (V) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OF, COMMUNICATION BY, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY, A THIRD PARTY THROUGH THE SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.
- Suspensions and Terminations.
- Term and Termination.
- Effect of Suspension. Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you, notwithstanding the suspension, (ii) you remain liable for all fees, charges and any other obligations you have (or your Account has) incurred through the date of suspension with respect to the Services, and (iii) all of your rights with respect to the Services will be terminated during the period of the suspension.
- Term and Termination.
- Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARTNERS, SUPPLIERS, LICENSORS, OR CONTENT PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE UNDER ANY CONTRACT, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR OTHER SUBJECT MATTER OF THIS AGREEMENT FOR: (I) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, LOST PROFITS, REVENUE, INCOME OR BUSINESS, DATA LOSS, INTERRUPTION OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, RIGHTS OR SERVICES (HOWEVER ARISING AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); OR (II) USE OF OR INABILITY TO USE THE SERVICES IN CONNECTION WITH EMERGENCY SERVICES.
- Governing Law and Disputes.
- Good Faith efforts to resolve disputes. Both parties must exert in good faith and exhaust all efforts and remedies available to resolve any dispute within 15 business days.
- Equitable Relief. Notwithstanding the foregoing, we shall be entitled to enforce our intellectual property rights and seek equitable relief in any court of competent jurisdiction at any time.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
- Governing Law and Jurisdiction. This Agreement shall be governed by the Laws of Hong Kong. Any action relating to this Agreement be brought it must be filed in the court of competent jurisdiction in Hong Kong. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We however, reserve the right to terminate the Agreement in the event a particular provision is void or unenforceable and such provision is, in our sole and reasonable opinion, a material in the provisioning of the Free Bee Services. PLEASE CEASE USING VORTEX IF THE LAWS OF YOUR DOMICILE OR RESIDENCY PROHIBIT YOU FROM USING THE SAME.
- Force Majeure. We shall not be liable for any delays or failures caused by occurrences beyond our reasonable control, including, without limitation, acts of God, natural disasters, flood, fire, accidents, decrees or restraints or other actions of governments, strikes or other labor disturbances, war, sabotage, outages of third party connections, utilities, or telecommunications networks, including, without limitation, carrier-related problems or issues, internet-access issues, shortage or unavailability of supplies, and other mechanical, electronic or communications failures or degradation.
- Notices. You hereby authorize us to send notices to you relating to this Agreement (e.g., notices of breach and/or suspension and regarding our Services) via a notification message displayed on your account on the Services or via e-mail to the e-mail address you provide to us in your Account or otherwise on the Services, in addition to the other means and methods set forth in this Agreement. It is your responsibility to keep your e-mail address current, and you will be deemed to have received any e-mail sent to the last known e-mail address we have on record for you. Notices that we send to you via e-mail will be deemed effective upon our sending of the e-mail. Notices provided to us under this Agreement shall be sent to the attention of your account manager, with a copy sent to PLDT Online Inc.’s General Counsel with respect to any legal matters) at:
PLDT Online Inc.
c/o PLDT GLOBAL CORPORATION)
Room 801, 8/F Officeplus@Wanchai,
No. 303 Hennessy Road
Wan Chai, Hong Kong
PLDT Online Inc.
(c/o PLDT GLOBAL CORPORATION)
Room 801, 8/F Officeplus@Wanchai,
No. 303 Hennessy Road
Wan Chai, Hong Kong