Terms and Conditions

1.1 Compliance with Laws

You agree to comply with all applicable local, national, and international laws, regulations, and ordinances when using our services, including but not limited to:

• • Laws governing digital marketing and advertising in the Philippines
• • Data Privacy Act of 2012 (Republic Act No. 10173)
• • Consumer protection laws and fair trade practices
• • Intellectual property rights and copyright laws
• • Anti-spam and electronic communication regulations

1.2 Accuracy of Information

You represent and warrant that all information you provide to us is true, accurate, current, and complete. You agree to promptly update any information that changes to maintain its accuracy. Providing false or misleading information may result in immediate termination of services and potential legal action.

1.3 Prohibited Activities

You explicitly agree not to engage in the following activities:

• • Using our services to promote illegal products, services, or activities
• • Engaging in deceptive, fraudulent, or misleading practices
• • Violating the intellectual property rights of others
• • Distributing malware, viruses, or harmful code
• • Attempting to interfere with or compromise our systems
• • Harassing, abusing, or threatening our staff or other users
• • Using automated systems to access our services without permission

1.4 Content Guidelines

When providing content or materials for marketing services, you warrant that such content does not contain anything that is defamatory, obscene, offensive, hateful, discriminatory, or otherwise objectionable. Content must comply with all applicable advertising standards and regulations.

1.5 Age Restrictions

Our services are intended for use by individuals who are at least 18 years of age or the age of majority in their jurisdiction. By using our services, you represent that you meet these age requirements and have the legal capacity to enter into this agreement.

2.1 Indemnification

You agree to indemnify, defend, and hold harmless Beacon Digital, its officers, directors, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• • Your violation of these Terms and Conditions
• • Your violation of any law, regulation, or third-party rights
• • Content or materials you provide to us
• • Your use or misuse of our services

2.2 Privacy and Data Protection

You acknowledge that you have read and understood our Privacy Policy. You agree to handle any personal data in accordance with applicable data protection laws, particularly when providing us with customer information or other personal data for marketing purposes.

2.3 Third-Party Interactions

When our services involve interactions with third-party platforms (such as social media networks), you are responsible for complying with those platforms' terms of service. We are not responsible for any violations of third-party terms or any actions taken by those platforms against your accounts.

2.4 Cooperation and Communication

For effective service delivery, you agree to provide timely responses to our communications, supply necessary materials and information, participate in scheduled meetings or consultations, and provide constructive feedback when requested.

3.1 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, BEACON DIGITAL PROVIDES ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• • Implied warranties of merchantability and fitness for a particular purpose
• • Warranties regarding accuracy, completeness, or reliability of content
• • Warranties of uninterrupted, secure, or error-free operation
• • Warranties regarding specific marketing results or outcomes

3.2 No Guarantee of Results

While we strive to deliver high-quality marketing services, we cannot and do not guarantee specific results, returns on investment, increases in traffic, sales, or any other measurable outcomes. Marketing success depends on numerous factors beyond our control, including market conditions, competition, timing, and client implementation of recommendations.

3.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, BEACON DIGITAL SHALL NOT BE LIABLE FOR:

• • Any indirect, incidental, special, consequential, or punitive damages
• • Loss of profits, revenue, data, or business opportunities
• • Business interruption or loss of goodwill
• • Damages arising from third-party actions or platform changes
• • Damages exceeding the total fees paid to us in the six months preceding the claim

3.4 Third-Party Services

Our services may integrate with or rely on third-party platforms and services. We are not responsible for the availability, functionality, security, or performance of these third-party services. Any issues with third-party platforms should be addressed directly with those providers.

3.5 Force Majeure

Beacon Digital shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or utility failures, or pandemics.

4.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

4.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the courts located in Metro Manila, Philippines. You hereby consent to the personal jurisdiction and venue of these courts and waive any objection based on inconvenient forum.

4.3 Dispute Resolution Process

In the event of any dispute, controversy, or claim arising out of these Terms and Conditions, the parties agree to follow this resolution process:

• 1. Informal Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days.
• 2. Mediation: If negotiation fails, the parties may agree to submit the dispute to mediation before a mutually acceptable mediator.
• 3. Litigation: If mediation is unsuccessful or declined, either party may pursue legal action in accordance with Section 4.2.

4.4 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

4.5 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Beacon Digital regarding the subject matter herein. They supersede all prior or contemporaneous communications and proposals, whether oral or written.

4.6 No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Beacon Digital.

4.7 Assignment

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may assign these Terms and Conditions without restriction, including in connection with a merger, acquisition, or sale of assets.