Privacy Notice

Oilexpress Corporation (“Oilexpress”) respects your right to privacy. When you interact with us, you may share Personal Data with us. Personal Data refers to information that identifies you personally, alone or in combination with other information available to us (e.g., your name, contact number, e-mail address, IP address, home address, among others). To ensure that your right to privacy is protected in the course of our dealings and when we process your Personal Data, we are committed to comply with the Philippines’ Data Privacy Act, its Implementing Rules and Regulations, and other relevant government regulations and issuances. This Privacy Notice outlines our data privacy principles and practices. We recommend that you read this Privacy Notice to understand how we collect, use, and process your Personal Data.

Consent

By using our website or providing us your Personal Data, you will be treated as having given your permission for our collection, use, and processing of your Personal Data, and you have accepted the policies and practices described in this Privacy Notice.
If you do not allow the collection, use, and processing of your Personal Data, kindly refrain from using our website, and/or contact us for any privacy-related concerns.
We may modify this Privacy Notice at any time. To update yourself of any change in the processing of your Personal Data, please regularly review this Privacy Notice.

Why does OILEXPRESS collect and process your Personal Data?

OILEXPRESS collects only the Personal Data needed to effectively serve you and carry out its business operations. We may collect, use, and process your Personal Data for the following general purposes:

• To conduct due diligence prior to executing a contract, and to facilitate the fulfillment of the terms of the contract thereafter;
• To respond to your queries, complaints, and requests;
• To provide information about our services;
• To conduct research and analysis to improve customer experience;
• To maintain security; and
• To comply with legal, regulatory, and contractual requirements or obligations.

The use and processing of your Personal Data also depends on your transactions with us.

If you inquire about, or avail yourself of our services, we may collect, use, or process your Personal Data to:

• Conduct appropriate credit investigation to assess the risk of transacting with you;
• Prepare and execute the necessary contract to cover the transaction;
• Update our records and keep your contact details and billing address up-to-date; and
• Communicate any advisories, changes, and other information relevant to your contract with us.

If you are a vendor/supplier, a potential vendor/supplier, or a contractor, we may collect, use, or process your Personal Data to:

• Conduct the appropriate due diligence checks;
• Evaluate your proposal, including your technical, financial, and operational capacity;
• Assess the viability of your proposal and process your accreditation;
• Communicate any decision on such proposal; and
• Perform any other action as may be necessary to implement the terms and conditions of our contract.

If you want to join our workforce, we may collect, use, or process your Personal Data to:

• Evaluate your suitability for employment and, with a written or expressed consent, retain your Personal Data for a maximum of two (5) years for future job opportunities that may be of interest to you;
• Communicate with you about your employment application;
• When hired, process your Personal Data as may be necessary for purposes such as, but not limited to, payroll, benefits application, allowances and refunds processing, tax processing, retirement benefits, and other purposes that demand or require processing of your Personal Data (e.g., to execute business transactions directly related and/or incidental to your job, business travels, socials, and so on);
• While employed, evaluate your performance and career development;
• Upon separation, process your Personal Data for the exit interview and to prepare your final pay;
• Provide assistance to, and account for, employees in case of emergency; and
• Perform such other processing or disclosure that may be required in the course of OILEXPRESS’s business or under law or regulations.

If you are a OILEXPRESS stockholder, we may use, collect, or process your Personal Data to:

• Maintain and update your records with OILEXPRESSU
• Administer your stock transactions; and
• Comply with legal, regulatory, and contractual requirements or obligations.

If you are a visitor of OILEXPRESS or any of our sites, we may use, collect, or process your Personal Data to:

• Grant access to our premises; and
• Maintain the security within our premises.

What Personal Data does OILEXPRESS collect?

Personal Data collected may include any of the following, among others:

• Your name;
• Your e-mail;
• Your other contact details;
• Your address;
• Your IP address; and/or
• Any information relevant to the feedback you have provided or the request or transaction you have made.

Further transactions with us may require the processing of your other Personal Data, such as but not limited to the following:

• Financial details such as credit history, bank account, credit card, and debit card information;
• Sensitive personal information, such as age, nationality, marital status, gender, health, education, and government-issued identification documents; and
• Employment history.

How does OILEXPRESS collect my Personal Data?

When you access our website, mobile application and/or communicate/interact with us, OILEXPRESS may collect your Personal Data and non-Personal Data:

• Personal Data sent to us by your web browser, mobile application



Your web browser may automatically send us Personal Data, which may include your IP address and location, or Non-Personal Data, which may include the pages you access, the operating system you use, and the name and version of your web browser. These are collected to improve your browsing experience. You may want to check your web browser to know more about the Personal Data sent to us by your web browser, and to modify your web browser settings as you see fit.



• Personal Data collected by placing a cookie on your computer



We may also obtain information about you by placing a cookie on your computer. This is typically done to ease navigation through our website. Cookies that may be used are of two kinds — session cookie and persistent cookie. A session cookie is used to place on your computer a computer-generated, unique identifier whenever you access our website. It does not identify you personally and expires as soon as you close your web browser. A persistent cookie does not expire when you close your browser, and stays on your computer, unless you delete it.




If you do not wish to receive cookies, you may modify your web browser settings to turn them off or delete them from your computer. If you reject our cookies, however, our website may not function properly.



• Personal Data you knowingly and voluntarily provide



We may also process the Personal Data you knowingly and voluntarily provide when you contact us. The Personal Data you provide will then be used to provide the service you requested. For instance, when you e-mail us a query, necessarily, we will collect your name and e-mail address to respond to you.

Why does OILEXPRESS collect and process your Personal Data?

OILEXPRESS collects only the Personal Data we need to effectively serve you. We may also use the Personal Data collected for various purposes such as customer service, investor relations, market research, and business development. We may use the Personal Data collected to respond to your queries, to process your requests and applications, to create services that will respond to your needs, and to otherwise carry out our business operations.

Where does OILEXPRESS store your Personal Data?

Your Personal Data is controlled by Oilexpress Corporation, a company registered under Philippine laws, whose principal office is at 7/F BDO Plaza, 8737 Paseo De Roxas, Makati City.

For how long does OILEXPRESS retain your Personal Data?

OILEXPRESS will retain your Personal Data for as long as necessary to fulfill the purposes outlined in this Privacy Notice and communicated to you, unless a longer period is allowed or required by law.

To whom are your Personal Data disclosed?

OILEXPRESS will not disclose your Personal Data to third parties without your consent. It may however share your Personal Data to its other business units. In such cases, your Personal Data will be used in a manner consistent with the purpose for which it was originally collected and to which you consented, and the Data Privacy Act, its Implementing Rules and Regulations, and all relevant regulations and issuances on privacy and data protection.

We may also share your Personal Data with third parties who perform services for us. Under such circumstances, we require our service providers to limit the use of the Personal Data we share with them in a manner consistent with the purpose for which it was originally collected and to which you consented, and the Data Privacy Act, its Implementing Rules and Regulations, and all relevant regulations and issuances on privacy and data protection. Our service providers will not process your Personal Data for any other purpose than what we have agreed with them.

We may also share your Personal Data to unrelated third parties, upon your request, when we are legally required to do so, or when we believe it is necessary to protect and/or defend our rights, property, or safety, and those of other individuals. Nevertheless, we will take all the necessary steps to protect your Personal Data.

How does OILEXPRESS protect your Personal Data?

The security of your Personal Data is important to us. We employ appropriate organizational, technical, and physical security measures to protect the Personal Data you provide against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use, and other unlawful forms of processing.

What are your rights with respect to your Personal Data?

As owner of Personal Data, you have the right to be informed of the Personal Data being or that have been processed by OILEXPRESS; the right to gain reasonable access to your Personal Data; the right to object to the processing of your Personal Data; the right to suspend, withdraw, or order the removal or destruction of your Personal Data; the right to dispute any error in your Personal Data and have us correct it immediately; the right to obtain a copy of the Personal Data in electronic format, if available; the right to file a complaint before the National Privacy Commission if you think your right to privacy and data protection was violated; and the right to claim damages.

How can you contact OILEXPRESS?

If you wish to exercise any of the abovementioned rights with respect to privacy and data protection, access your Personal Data, or stop us from using or processing your Personal Data, you may submit an accomplished Data Privacy Right Form, e-mail us through any of the addresses provided in this website, or write to us at Oilexpress Corporation, 7/F BDO Plaza, 8737 Paseo De Roxas, Makati City.

OILEXPRESS’s Data Protection Officer may be reached through the following:

E-mail Address:

dpo@oilexpress.ph

You may also use any of the above means if you have queries and/or feedback about our Privacy Notice or privacy and data protection practices.

Effective/Last Modified: December 14, 2023

1. Acceptance of Terms
1.1 Acceptance of the General Terms and Conditions for POBoxX Electronic Locker System

The General Terms and Conditions for POBoxX Electronic Locker System (hereinafter “GTC”) shall be deemed as accepted no later than with the use of the service by the Customer.

1.2 Scope of GTC

These GTC regulate the options for use of the POBoxX Electronic Locker System services (the “Services”) provided by Oilexpress Corporation to the Customer for the use of POBoxX.

1.3 Amendment and Modification

These GTC may be amended or modified at any time and POBoxX reserves the right to do so without prior notice. It shall be the Customer’s responsibility to review the GTC regularly. The Customer’s continued use of the Service after any such amendment or modification, whether or not reviewed by the Customer, shall constitute an agreement to be bound by such amendment or modification.

2. Interpretation

2.1 Definition of Terms

The following definitions apply:

2.1.1 “Agreement” refers to the GTC and POBoxX Policies, as defined below;

2.1.2 “Application” refers to the POBoxX Application, developed and managed by the Company.

2.1.3 “Company” refers to Oilexpress Corporation, or its affiliates, as the context requires;

2.1.4 “Customer” refers to any person or entity who accesses, registers, or utilizes the Software or use the Services of POBoxX;

2.1.5“Electronic Locker System” refers to physical lockers, owned and/or managed by Oilexpress Corporation, controlled by an electronic lock through touchscreen, RFID, magnetic swipe, biometric identification or a PIN code, or some smart technology as may be developed from time to time;

2.1.6 “GTC” refers to these General Terms and Conditions in their entirety, which are applied to the Services, as set out on the Website and any amendments thereof made from time to time by POBoxX;

2.1.7 “Parcel” refers to any item, commodity, or package, that:

a. are not, in any way, prohibited or restricted by any law, rule or regulation including the handling, transport or possession thereof;
b. are not easily perishable (Customer shall always bear the loss in case item is spoiled);
c. are not frozen goods, including raw meats, fish and the like; and,
d. are not live animals including small pets, dogs and cats;
e. are toxic, highly flammable or combustible and noxious substances or chemicals or has in it any of these ingredients; and,
e. outside the commerce of man, either singularly or in plural, that forms part as the object of the Services by POBoxX;

For the avoidance of doubt, these are included in the permitted items; small potted plants and fastfood and restaurant deliveries subject to item (b) above.

2.1.8 “Partner” refers to any person or entity which POBoxX may use for the fulfillment of the Service;

2.1.9 “Platform” means the POBoxX Application, Software and any other platform, portal or website which the Company owns, operates or otherwise makes available to the Customer for the purposes of or in connection with the Service and/or Solutions;

2.1.10 “POBoxX” refers to Oilexpress Corporation in relation to its Electronic Locker System and the Services offered thereunder;

2.1.11 “POBoxX Policies” refers to Privacy and Personal Data Collection Policy of the Company, and all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by the Customer from time to time through the Platform, or as may be posted in the Website;

2.1.12 “Service” or “Services” refers to the service provided of by POBoxX for the consignment and/or storage of Parcel;

2.1.13 “Software” refers to POBoxX’s technologies, website, and/or applications;

2.1.14 “Website” refers to POBoxX website, specifically www.poboxx.ph.

2.2 Use of Headings

All headings appear for convenience only and shall not affect the interpretation provided under 2.1.

3. Customer Account

3.1 Registration

The Customer has two options to use the Electronic Locker System and avail of its Services: Reserved booking and On-Demand booking.

Reserved Booking: To use the Electronic Locker System and avail the Services (Reserved Booking) within the mobile app, the Customer must register via the POBoxX Application.

Specifically, the steps are as follows:

1. Download the POBoxX Application (available in Play Store and App Store).
2. Click the sign-up button and fill-up the registration page.
3. Check “I agree to POBoxX’s Terms & Conditions.” box.
4. Check “I agree to POBoxX’s Data Privacy Policy.” box. 5. Proceed to sign-up. 6. An OTP will be sent to your registered mobile number. 7. Enter the OTP to the application verification page. 8. Tap verify to proceed.

On-Demand Booking:

To use the Electronic Locker System and avail the Services via On-Demand Booking, the Customer should use a POBoxX address listed under the POBoxX website: www.poboxx.ph. By using the POBoxX address, the Customer allows the delivery rider (to be construed as Customer’s agent) to register and input his/her name and mobile number in the POBoxX tablet upon delivery.

3.2 Usage Instructions

The usage instructions for POBoxX Electronic Locker System is available on the Website.

3.3 Booking Guidelines

At the time of the booking of the Customer, POBoxX has the exclusive right to offer for Service the Electronic Locker System to any person or entity for future periods/times that remain unbooked.

3.4 Relationship between the parties
The relationship between the Company and the Customer and/or the Partner under these GTC is that of independent contractors. For clarification purposes, the parties are not joint ventures, partners, principal and agent, or employer and employee.
3.4 Relationship between the parties

4 .Warranties

4.1 Representations and Warranties

4.1.1 The Customer guarantees the correctness of his personal details upon registration for the Services, whether provided directly or through Customer’s agent. The Customer or his/her agent likewise agrees to provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update its information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement.

4.1.2 The Customer agrees that POBoxX may rely on the information provided during registration or account creation, and by the time of availing the Service as true, accurate, not misleading, current and complete. The Customer acknowledges that if the information provided is untrue, inaccurate, misleading, not current or incomplete in any respect, POBoxX reserves the right to terminate or suspend the use of the Service at any time with or without notice, and POBoxX shall have no liability arising from such termination or suspension, or from the forfeiture of the Parcel, if applicable .

4.1.3 The Customer warrants that the Parcel is not considered dangerous or hazardous, and that it is not in any manner prohibited by law, regulations, or public policy.

4.1.4 The Customer warrants that, when using the Services and storing the Parcel, the Customer is complying with all laws, rules and regulations.

4.1.5 The Customer agrees to assist POBoxX with any internal or external investigations as may be required by POBoxX in complying with any prevailing laws, rules or regulations.

4.2 Disclaimer of Warranties

4.2.1 POBoxX and its Services are provided to the Customer on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
4.2.2 POBoxX makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, or Platform.

4.2.3 In providing the Services, POBoxX does not act as an agent or representative for the Customer or Partner.

4.2.4 POBoxX reserves the right to suspend or terminate any engagement with the Customer or Customer’s account, created in order to use the Services or Software should POBoxX believe that the Customer violates any provisions of this GTC and any POBoxX Policies.

5. Fees and Taxes

5.1 Service Fee

5.1.1 In consideration for the Services, the Customer agrees to pay POBoxX a service fee based on the computed amount reflected in the Application (the “Service Fee”).

5.1.2 The Customer shall pay the Service Fee through the use of any acceptable credit card, or via electronic payment using any authorised payment gateway, net of any applicable discount promotions, and inclusive of any applicable bank-related charges and/or payment processing fee.

5.2 Taxes and Other Charges

Unless otherwise stated, the Service Fee shall be exclusive of any and all applicable tax, including but not limited to Value Added Taxes, which the Customer agrees to pay to POBoxX.

6. Liability and Indemnification

6.1 Indemnification

6.1.1 The Customer agrees to indemnify and hold harmless POBoxX from any liabilities, claims or lawsuit that POBoxX may suffer or any costs, damages or expenses, including legal costs, which may arise from the Customer’s breach of its obligations or warranties; or Customer’s violation of any rights of any third party, or the use or misuse of the Service, the Platform, and/or any part thereof.

6.1.2 The Customer agrees to indemnify and hold harmless POBoxX from any loss of Parcel for causes solely attributable to the Customer and/or any third party.

6.1.3 In case of a valid claim, the compensation for any loss, damage, or destruction of the Parcel shall not exceed P2,000 (VAT inclusive),or the value of the item, if this has been declared by the customer to POBoxX prior to the transaction, whichever value is lower. POBoxX reserves the right to make its own reasonable determination of the market value of the Parcel based on prevailing market rates.

6.2 Limitation of Liability

6.2.1 POBoxX shall not be liable for damage resulting from incorrect details from the Customer.

6.2.2 POBoxX shall not be liable for undeliverable SMS messages, push-notifications or emails.

6.2.3 POBoxX shall not be liable for force majeure, consequential damage and lost earnings.

6.2.4 POBoxX shall not be liable under the following circumstances:

6.2.4.1.1 Whenever the condition of the Parcel is broken, contaminated, or perished upon delivery.

6.2.4.1.2 When the subscription (booked and paid locker rental period) has expired, POBoxX's liability also terminates, and POBoxX and/or the next Customer of the same locker will not be liable to the previous Customer if the latter failed to collect his/her item inside the locker upon expiration.

6.2.4.1.3 For any degradation in the condition, state or health of any parcel while stored in the POBoxX lockers.

6.2.4.1.4 As a general rule, for any loss or damage arising from the willful neglect or omission of other POBoxX customers or third parties, including the storage of prohibited items.

7. Use and Maintenance of Units

7.1 Temporary Use and Obligation to Return

7.1.1 No ownership over the Electronic Locker System was transferred to the Customer by availing the Services. By availing the Services, POBoxX grants the Customer a temporary use and possession of the Electronic Locker System during the period expressly agreed upon, which may be extended in accordance with mutual agreement with the Customer and POBoxX. However, POBoxX does not guarantee extension of the same booked locker. In these circumstances, POBoxX may grant and reassign a new locker to the Customer depending on the actual availability of the lockers, which can be identical or of a different size, depending on the actual availability at the time of extension.

7.1.2 At the end of the usage period, the Customer is duty bound to return the Electronic Locker System in a clean, sanitary and tenantable condition, and suitable for its use to POBoxX without unnecessary delay.

7.2 Failure to use the lockers properly

7.2.1 POBoxX reserves the right to inspect the contents of the POBoxX locker in case of suspicion on its contents. POBoxX is authorized to remove any Parcel that does not comply with the rules of the use of the POBoxX unit and/or when the same was found to be a prohibited item. Under these circumstances, POBoxX is likewise authorized to call the authorities and report the incident, and to withdraw or surrender any contraband parcel.

7.2.2 The removal of prohibited items will entail a penalty equivalent to actual cost for such removal, without prejudice to other remedies available to POBoxX under the circumstances.

7.3 Damage caused to the POBoxX units by the Customer

7.3.1 The Customer shall be fully responsible for any damage or deterioration that may be caused to the Electronic Locker System during its use, except ordinary wear and tear. The Customer shall indemnify POBoxX for the physical damage caused to the Electronic Locker System or any POBoxX unit and to the parcels of other POBoxX customers, as well as for loss of earnings, as well as for any damage caused to any properties owned by third parties.

7.3.2 POBoxX reserves the right to charge the Customer causing the damage to the Electronic Locker System to pay POBoxX a daily rent penalty equivalent to Two Thousand Pesos (PHP2,000.00) per locker unit for each day the Electronic Locker System and/or any POBoxX unit is unusable, as well as the cost for its repair or replacement.

7.4. System Downtime, Repair and Maintenance, and other Business Interruptions

7.4.1 Protocol for Reporting Defective Units

• The Customer should contact POBoxX Admin via email (support@poboxx.ph) or via Messenger (@POBoxX) to report an issue with the Smart Locker. The Customer should provide the following details to verify the transaction:
  
  • Recipient's name
  • Mobile number
  • Locker Address/Location
  • Booking reference
  • Date/Time of Incident
  • Problem Statement
  
  
• The POBoxX Admin shall exert reasonable efforts to respond to support requests within 24 hours of report. If a support request is received on a weekend or holiday, the response will be provided on the nearest working day. POBoxX office hours are from 8 AM to 6 PM, Monday through Friday.

7.4.2 Disposition of Unretrieved Contents inside the POBoxX Lockers

As a rule, a parcel stored in the POBoxX locker shall be deemed abandoned when -

1. Reserved Booking - after twenty-four (24) hours from booking expiration
2. On-Demand Booking - after the lapse of twenty-four (24) hours from actual booking.

In certain cases, the POBoxX Admin and/or technician may determine that a booked POBoxX unit(s) is defective and requires replacement with a new one. In such instances, the admin/technician shall disable all available locker doors to prevent new customers from booking a defective unit. For lockers that still contain items at the time of error detection, the on-site technician should physically remove the unit from the locker. Subsequently, the on-site technician/admin must contact each affected customer to arrange delivery of their items to their specified locations. If a customer is unavailable to receive the item on the same day, the technician/admin should return the items to either the branch office or the head office, depending on which is closest. Customers will have a maximum of five calendar (5) days to collect their parcels. If, after five calendar days (5) days, the customer has not retrieved the item, it will be deemed as an "abandoned item." POBoxX reserves the right to dispose of abandoned items and collect its service fees from the proceeds of the disposal, if any.

In all instances, POBoxX shall not be liable for any abandoned parcel. POBoxX reserves the right to dispose of abandoned items and collect its service fees from the proceeds of the disposal, if any.

8. Processing of Personal Data

8.1 Data Processing

8.1.1 The Customer acknowledges that in availing the Services, the Customer agrees and acknowledges that POBoxX’s compilation, collection, storage, use, process and transfer of personal data is subject to the Privacy Policy of POBoxX, and the Customer acknowledges, understands and accepts the Privacy Policy.

8.2 Compliance with Data Privacy Laws

8.2.1 Subject to applicable Data Privacy Laws and its implementing rules and regulations, the Customer agrees to allow POBoxX use of its personal information and the Customer gives consent to share such information for the purpose of providing and fulfilling the Services. The Customer also grants POBoxX the freedom authority to compile, collect, store, and update the information provided to such extent, for and at such time period as may be necessary during the time POBoxX provides the Services.

8.2.2 POBoxX and/or Partner may disclose personal data as may be required by law, government regulation, judicial administrative or regulatory decision, order or decree, or request by other regulatory organization having authority pursuant to the law. In any such case, POBoxX may, prior to disclosure, whenever practicable, notify the Customer in writing and or request to enable the Customer to seek an appropriate protective order or other remedy, and use its commercially reasonable efforts to assist the Customer in protecting its data, or to take reasonable steps to resist or narrow the scope of such subpoena, order or request and to limit such disclosure to the minimum extent permitted by applicable laws and regulations.

9. Intellectual Property Rights

9.1.1 The Website, the Software, and all rights, title, and interest in and related thereto are the sole property of POBoxX, its licensors, and are protected by Intellectual Property Laws. POBoxX grants the Customer the non-exclusive, limited and royalty-free privilege the limited licenses when applicable under these GTC, which expressly excludes any right to modify, adapt, reproduce or copy or distribute, supply, give, sell or otherwise dispose of said intellectual property rights, or use them in any other way for public or commercial purpose without securing the consent of POBoxX.

9.1.2 POBoxX welcomes Customers’ comments and suggestions regarding the Services, the Software or Platform and the Website, provided however that POBoxX does not solicit, accept nor consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. POBoxX and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Service. By voluntary submitting or sending POBoxX creative suggestions, ideas, drawings, concepts, inventions, or other content or information despite such notice, the Customer understands and agrees that these submissions shall become property of POBoxX, and the Customer irrevocably assigns the right to these submissions and POBoxX 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 the Customer or any other person.

9.1.3 POBoxX shall retain all rights in any software, ideas, concepts, know-how, processes, development tools, techniques, or any other proprietary material or information, whether owned or developed by POBoxX prior to the effectivity of these GTC or acquired or developed by POBoxX thereafter.
9.1.4 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.

10. Promotions

10.1.1 From time to time, POBoxX may introduce marketing campaigns or promotions which shall be subject to prevailing regulatory requirements. POBoxX reserves the right to amend or withdraw any promotion or subscription at its sole discretion without prior notice in accordance with the applicable regulatory requirement, if any.

10.1.2 POBoxX may, with Customer’s express consent, send any information regarding the Service or promotion to the Customer in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The Customer permits POBoxX to send these electronic messages to the Customer via the contact channels provided to POBoxX by the Customer at the time of registering its account.

10.1.3 POBoxX reserves the right to void, discontinue, suspend or disqualify the Customer from any promotion or subscription without prior notice in the event of the Customer’s breach of these GTC.

11. Governing Law and Venue of Action

11.1.1 These GTC shall be governed by the laws of the Republic of the Philippines.

11.1.2 The Customer agrees that any and all disputes arising out or in connection with these GTC or the Agreement shall be brought exclusively before the competent courts in the City of Pasig, to the exclusion of all other courts or venues. The Customer expressly waives, to the fullest extent permitted by law, any and all objections to the laying of venue of any legal action or proceeding.

12. Miscellaneous

12.1 Severability
If any of the terms or conditions of this Agreement is held invalid or contrary to law, the validity of the other terms and conditions contained herein shall remain in full force and effect.

12.2 Non-Waiver

12.2.1 POBoxX’s inability to enforce any right or provision in these GTC shall not constitute a waiver of such right or provision.

12.2.2 POBoxX’s exercise of any of the remedies shall likewise not be considered as a bar to all other remedies. It is understood that POBoxX may exercise all remedies simultaneously, successively, or alternately and in all cases an exercise of one does not preclude the exercise of the other.