Terms of Service - BangonPH Emergency Relief Goods Platform

1. Introduction and Acceptance of Terms

Welcome to BangonPH (the "Platform"), an emergency relief goods information service operated by Symph Inc. ("BangonPH," "we," "us," or "our"). By accessing, browsing, or using our Platform in any way, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

Your use of the Platform constitutes your acceptance of these Terms and all policies referenced herein. These Terms create a legally binding agreement between you and BangonPH.

2. Platform Purpose and Nature

2.1 Information Service Only

BangonPH is a crowdsourced information aggregation platform that collects, displays, and distributes information about emergency relief goods, distribution points, and disaster assistance based entirely on submissions from members of the general public and third-party users.

2.2 No Verification or Endorsement

CRITICAL NOTICE: All information displayed on the Platform is:

• Provided by unverified third-party users
• Not investigated, confirmed, or endorsed by BangonPH
• Subject to errors, inaccuracies, and rapid changes
• Potentially incomplete, misleading, or false

2.3 Not an Official Emergency Service

BangonPH is NOT:

• An official government emergency service
• A disaster response agency
• A relief goods distribution organization
• A first responder or emergency management entity
• Affiliated with or endorsed by any government agency

3. Complete Disclaimer of Liability for User-Generated Content

3.1 Third-Party Information Provider

YOU ACKNOWLEDGE AND AGREE that BangonPH functions solely as an interactive computer service that provides a platform for third-party users to share information. Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. § 230), and similar applicable laws:

BangonPH SHALL NOT BE TREATED AS THE PUBLISHER OR SPEAKER OF ANY INFORMATION PROVIDED BY USERS OR OTHER INFORMATION CONTENT PROVIDERS.

3.2 No Liability for User Content

To the maximum extent permitted by law, BangonPH ASSUMES ABSOLUTELY NO LIABILITY OR RESPONSIBILITY for:

• Accuracy: Any errors, inaccuracies, or false information in user submissions
• Completeness: Missing, incomplete, or outdated information
• Timeliness: Delays in posting, updating, or removing information
• Availability: Changes in relief goods availability or distribution
• Locations: Incorrect addresses, coordinates, or location data
• Safety: Dangerous conditions at reported locations
• Harm: Any injury, loss, damage, or harm resulting from reliance on Platform information
• Conduct: Actions or omissions of users, relief organizations, or third parties
• Content Decisions: The posting, removal, or moderation of any user content

3.3 No Duty to Monitor or Verify

BangonPH has NO OBLIGATION to:

• Monitor, review, or verify user-submitted information
• Investigate the accuracy of submissions
• Confirm the identity of users
• Validate relief goods availability
• Inspect physical locations
• Remove inaccurate or harmful content (though we reserve the right to do so)

3.4 Use Entirely At Your Own Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You use all information on the Platform at your own sole risk
• You are solely responsible for verifying any information before relying on it
• You should independently confirm all details through official channels
• BangonPH makes no representations or warranties about any information
• BangonPH is not responsible for any consequences of your use of the Platform

4. Limitation of Liability and Disclaimer of Warranties

4.1 "AS IS" and "AS Available"

THE PLATFORM AND ALL CONTENT, INFORMATION, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND.

4.2 Disclaimer of All Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANGONPH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, timeliness, or completeness
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties regarding the quality, safety, or legality of user content

4.3 Complete Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

BangonPH, its officers, directors, employees, agents, affiliates, partners, and licensors SHALL NOT BE LIABLE FOR:

• ANY direct, indirect, incidental, consequential, special, punitive, or exemplary damages
• Loss of life, personal injury, or property damage
• Lost profits, revenues, data, or business opportunities
• Emotional distress or mental anguish
• ANY damages arising from:
  • Use or inability to use the Platform
  • Reliance on any information on the Platform
  • Errors, inaccuracies, or omissions in user content
  • Actions or omissions of users or third parties
  • Access to or disclosure of your information
  • Unauthorized access to our servers

EVEN IF BANGONPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4 Maximum Liability Cap

If, notwithstanding the foregoing, BangonPH is found liable for any damages, BangonPH'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO BANGONPH IN THE PAST 12 MONTHS (IF ANY), WHICHEVER IS LESS.

4.5 Essential Basis of Agreement

You acknowledge that these limitations of liability are an essential element of the agreement between you and BangonPH, and that BangonPH would not provide the Platform without these limitations.

5. User Responsibilities and Obligations

5.1 Information Submission Standards

If you submit information to the Platform, you represent, warrant, and covenant that:

• All information is provided in good faith
• Information is accurate to the best of your knowledge
• You have the right to share the information
• Content does not violate any laws or third-party rights
• Content does not contain malicious code or harmful materials

5.2 Prohibited Activities

You agree NOT to:

• Submit false, misleading, fraudulent, or harmful information
• Impersonate any person or entity
• Violate any local, state, national, or international law
• Infringe upon intellectual property or privacy rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Platform
• Interfere with or disrupt the Platform's operation
• Use the Platform for commercial purposes without authorization
• Collect or harvest user data without consent
• Use the Platform to spam, phish, or defraud others

5.3 Independent Verification Required

YOU AGREE TO:

• Independently verify all information before taking action
• Contact official authorities for emergency situations
• Exercise reasonable caution when visiting physical locations
• Not rely solely on Platform information for critical decisions
• Use common sense and personal judgment at all times

6. Emergency Situations and Official Resources

6.1 Call Official Emergency Services

IN ANY LIFE-THREATENING EMERGENCY:

• Philippines Emergency Hotline: 911
• Contact local police, fire, or medical services immediately
• Do NOT rely on BangonPH as your primary emergency resource

6.2 Official Disaster Response Agencies

For verified disaster information and assistance, contact:

• NDRRMC (National Disaster Risk Reduction and Management Council)
• DSWD (Department of Social Welfare and Development)
• Local Government Units (LGU) and Barangay offices
• Philippine Red Cross
• Other official government disaster response agencies

6.3 Information Delays and Changes

YOU ACKNOWLEDGE THAT:

• Relief goods availability changes rapidly during emergencies
• Information may become outdated within minutes
• Distribution points may close or relocate without notice
• Always verify current status before traveling to any location

7. Indemnification

You agree to defend, indemnify, and hold harmless BangonPH, its parent, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your submission of content to the Platform
• Any information you provide or actions you take based on Platform information

This indemnification obligation survives termination of these Terms and your use of the Platform.

8. Data Handling, Privacy, and Google API Compliance

8.1 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://bangonph.com/privacy-policy.

8.2 Data Collection and Use

In compliance with Google API Services User Data Policy and applicable privacy laws:

• We collect only data necessary for Platform functionality
• We use the narrowest OAuth scopes required
• We limit data usage to providing user-facing features
• We do not transfer user data to third parties except as disclosed in our Privacy Policy
• Data access is limited to authorized personnel for security and operational purposes

8.3 Google API Services Compliance

Our Platform complies with:

• Google API Terms of Service
• Google API Services User Data Policy
• Google OAuth 2.0 Policies
• Limited Use Requirements for restricted and sensitive scopes
• All applicable Google branding guidelines

8.4 User Consent

By using the Platform, you consent to:

• Our collection and use of data as described in our Privacy Policy
• OAuth authentication for accessing certain features
• Our compliance practices with third-party service policies

8.5 Data Security

We implement reasonable security measures including:

• Secure data transmission protocols
• Access controls and authentication
• Regular security assessments (where required)
• Incident response procedures

However, no system is completely secure, and we cannot guarantee absolute security of your data.

8.6 User Data Deletion Rights

You have the right to request deletion of your personal data from our Platform. To request deletion of your user data:

1. Send an email to: bangonph@symph.co
2. Use the subject line: "User Data Deletion Request"
3. Include sufficient information to identify your account (username, email address, etc.)
4. We will process your request in accordance with applicable data protection laws

Please note that we may retain certain information as required by law or for legitimate business purposes (such as preventing fraud or resolving disputes). Deletion of your data may result in loss of access to certain Platform features.

9. Intellectual Property Rights

9.1 Platform Ownership

The Platform, including its design, code, graphics, and proprietary content (excluding user-generated content), is owned by BangonPH and is protected by copyright, trademark, and other intellectual property laws.

9.2 User Content License

By submitting content to the Platform, you grant BangonPH a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, modify, distribute, display, and perform the content in connection with operating the Platform.

9.3 User Content Ownership and Responsibility

You retain ownership of content you submit, but YOU ARE SOLELY RESPONSIBLE for your content and any consequences of posting it, including any claims of infringement or violation of rights.

10. Content Moderation and Removal

10.1 Right to Remove Content

BangonPH reserves the right (but has no obligation) to:

• Remove or refuse to post any user content
• Suspend or terminate user accounts
• Monitor and moderate content
• Report illegal activity to authorities

This may be done for any reason, including:

• Violation of these Terms
• Content that is illegal, harmful, or offensive
• Content that creates legal liability for BangonPH
• Technical or security reasons
• At our sole discretion

10.2 No Obligation to Monitor

Nothing in these Terms creates any obligation for BangonPH to monitor, review, or moderate user content. The exercise of content moderation rights does not waive our immunity under Section 230 or similar laws.

11. Account Termination

11.1 Your Right to Terminate

You may stop using the Platform at any time.

11.2 Our Right to Terminate

BangonPH may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Harmful behavior toward other users
• At our sole discretion for any reason

11.3 Effect of Termination

Upon termination:

• Your right to use the Platform immediately ceases
• Sections of these Terms that by their nature should survive will continue to apply
• BangonPH is not liable for any consequences of termination

12. Changes to Terms and Platform

12.1 Modification of Terms

BangonPH reserves the right to modify these Terms at any time. We will:

• Post updated Terms on the Platform
• Update the "Last Updated" date
• Notify users of material changes (where feasible)

Continued use of the Platform after changes constitutes acceptance of modified Terms.

12.2 Platform Changes or Discontinuation

BangonPH may:

• Modify, suspend, or discontinue the Platform at any time
• Change features, functionality, or content
• Do so without notice or liability

13. Geographic Limitations and Jurisdiction

13.1 Intended Users

The Platform is intended primarily for users in the Philippines and focuses on Philippine disaster relief information.

13.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

13.3 Dispute Resolution

Any disputes arising from these Terms or use of the Platform shall be resolved in the appropriate courts of Cebu City, Philippines.

13.4 Waiver of Class Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, you agree that disputes will be resolved individually, and you waive the right to participate in class actions or class arbitrations.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BangonPH regarding the Platform.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

BangonPH's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms. BangonPH may assign these Terms without restriction.

14.5 Force Majeure

BangonPH is not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, wars, terrorism, pandemics, or Internet failures.

14.6 Language

In case of conflict between English and translated versions of these Terms, the English version prevails.

15. Contact Information

For questions, concerns, or notices regarding these Terms or the Platform:

For User Data Deletion Requests: Email bangonph@symph.co with subject "User Data Deletion Request"

16. Acknowledgment

BY USING BANGONPH, YOU ACKNOWLEDGE THAT:

• ✓ You have read, understood, and agree to these Terms
• ✓ You understand BangonPH is a crowdsourced platform with unverified information
• ✓ You will not hold BangonPH liable for any user-generated content
• ✓ You use the Platform entirely at your own risk
• ✓ You will independently verify all information before relying on it
• ✓ You understand BangonPH is not an official emergency service
• ✓ You will contact official authorities for emergencies
• ✓ You accept all limitations of liability and disclaimers of warranties