Terms & Conditions

Last Updated : April 7, 2020



AGREEMENT AND ACCEPTANCE


These Terms and Conditions ("T&C" or "Terms” or “Agreement”) serve as a binding legal agreement between you ("You/Your" "Subscriber", "Customer") and Philippine Red Cross. ("PRC", "RC143", "We" "Us" or "Our"), a company established under laws of the Republic of The Philippines.

These Terms serve as a basis to define our rights and responsibilities in using the RC143 Services ("Service/s" or "RC143 application"). There may be instances where You may be using services provided or offered by a third party content owner who may or may not be our affiliate. In any case, the use of such service is governed by a separate and specific agreement(s).

Please carefully read this T&C which covers the general description of the Service/s including, the services We offer, user experience, coverage and all our legal rights and responsibilities necessary for our mutual interest. You represent that You are of legal age and authorized to enter into contracts under applicable laws. By using the RC143 Service and downloading the RC143 Mobile Application (“RC143 App”), You recognize and/or waive any right or requirement under applicable laws requiring non-electronic signatures as a formal requirement to enter into contracts. Otherwise, we request You to cease using the RC143 Services. You also confirm that You are allowed under respective applicable laws to enter into a contract with Us. IN ANY CASE, YOU CANNOT USE ANY OF THE SERVICE/S IF YOU ARE BELOW 13 YEARS OLD. IF YOU ARE BELOW 13 YEARS OLD, PLEASE STOP USING THE SERVICE/S. IN THE EVENT YOU ARE A MINOR (E.G. BETWEEN 13 TO 18 YEARS OLD), YOU WARRANT THAT YOU ARE REPRESENTED BY YOUR PARENT OR ANY LEGAL GUARDIAN IN THIS T&C.

You express Your full acceptance and conformity to these T&C in any of the following instances regardless of your formal acceptance thereof: a) You download and activate any of the Service/s; b) You enroll or use any of the Service/s; c) You click the "Accept" button (or such other links/buttons to that effect) in the App. D) You submit any electronic signature or Personal Information to Us or our authorized agents; c) participate in any of our data collection activities.

PLEASE DO NOT DO ANY OF THESE THINGS IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.


SERVICES


1 - RC143 SERVICE

The purpose of the RC143 App is to help inform users on the latest stats on COVID-19, as validated by the Philippine Red Cross and the World Health Organization; and to assist users in monitoring the level of infection in their respective communities as well as possible exposure to COVID-19 patients or carriers. Using the user’s location and personal information, users will be alerted if their data possibly show moderate to high risk of exposure to COVID-19. RC143 also allows the Philippine Red Cross to directly reach out to the user in the event of a possible infection.The user will register using their Mobile Number. And their registration will be validated using SMS One Time Pin.

The following information may also be collected:


The App makes use of GPS, Google LBS, Bluetooth LE(BLE) data. BLE is used for contact event assessment and GPS/LBS, to help put more context to the contact events. It also provides information on the status of the pandemic and allows people to communicate directly with the PRC, either by providing a hotline or a link to OTT messenger.

The following Phone permission will be needed by the app:


2 - RC143 REGISTRATION

Prior registration is required before You can use and enjoy the RC143 Services. We will require your mobile number in registering and creating an account. Your local mobile number serves as your Account Number for identification purposes. Other than Your local number, We will not access any information submitted to your local telecommunication company or provider.

The app will also collect your gender and birthday of the user. The Mobile Number will be validated using One Time Pin(OTP) sent via SMS.

This information will be stored in the RC143 Platform. And will be shared to the Philippine Red Cross, Department of Health and other entities that are required by Law to have access to the said information.

When creating an account, You recognize and agree that any Personal Information You disclose shall be bound by Our Privacy Policy. You warrant that any information You disclose in relation to the creation of Your account shall be true and an accurate representation of Yourself (i.e. not any third party) unless You are creating an account on behalf of a minor who You are lawfully representing. Any information You submit should not be misleading or fraudulent. You commit to update Your account to maintain its accuracy. RC143 RESERVES ITS RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR ACCOUNT OR ACCESS TO THE SERVICE/S WITHOUT ANY LIABILITY OR PRIOR NOTICE, IF IN OUR REASONABLE OPINION, YOU MISREPRESENTED YOURSELF IN THE CREATION OF AN RC143 ACCOUNT. WE RESERVE THE RIGHT TO REJECT OR SUBSEQUENTLY CANCEL ANY DESIRED OR EXISTING ACCOUNT WITHOUT ANY REASON OR LIABILITY.

3 - RC143 LICENSE FOR PERSONAL USE
On the condition that You faithfully comply with this T&C, PRC issues and provides You with a limited, unassignable, non-exclusive and royalty free license to download, access, use the RC143 App in your Device for your personal use. No other license is hereby given to You except as to what has been clearly and expressly set forth in this T&C. For the avoidance of doubt, this license does not in any way transfer to You any proprietary or intellectual property rights owned or licensed to Philippine Red Cross, its affiliates, subsidiaries, and/or third-party providers.

RC143 is intended solely for Your personal use. It will be Your responsibility to maintain the confidentiality of Your account details such as passwords and user information. Your account is not intended for multiple users. Please inform Us immediately if You discover that Your account was accessed by a third party. We reserve the right to suspend Your account if We, in Our opinion, believe that a third party is attempting to access RC143 using Your account. However, We cannot be held responsible if a third party is able to access your account. PRC shall not be liable for any loss, injury or damage arising from the termination or suspension of Your service or from the unauthorized access of Your account. You may request Us to reactivate Your account if it was terminated due to unauthorized access by a third party.

Notwithstanding the foregoing, You are prohibited from performing any of the following acts: a) Disassemble, decompile or reverse engineer RC143 App, program or software); b) Modify any of its program, graphic user interface or do anything to revise or change its features; c) Modify RC143 to allow multiple users to access the same using your account; d) Reproduce, duplicate, license, sell, trade, use for commercial purpose or exercise any acts of ownership on the RC143; e) Do any act that will result in any harm, loss or injury to RC143.

4 - THIRD PARTY CONTENT

RC143 allows You to access publicly available content which are mainly Filipino-centric content from World Health Organization(WHO), Department of Health(DOH) and other similar Content Provider ("Third Party Content"), if any. We do not exercise any proprietary or intellectual property rights in any Third Party Content. You may access the Third Party Content using RC143 application at Your own discretion and risk. When accessing the Third Party Content, You are authorizing RC143 to redirect You to the desired Third Party Content. You recognize and agree that You are fully responsible and assume all forms of risk arising from the access or use of any Third Party Content.

By visiting and/or using any Third Party Content, You understand that RC143 shall not be liable for, and You hereby hold Us free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever arising from accessing the Third Party Content. Moreover, You agree to hold RC143 free and harmless and fully indemnified for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from accessing any Third Party Content.

We disclaim any form of liability arising from accessing or using any Third Party Content. The availability of any Third Party Content in the RC143 shall not be construed as an endorsement of any content. We do not warrant that the Third Party Content is accurate, error-free, updated or readily available. We may, at our discretion, remove any Third Party Content. You recognize that the Third Party Content is owned by third parties who may not necessarily be related to Philippine Red Cross. Nothing in this T&C allows or authorizes you to use the Third Party Content in a manner that infringes the copyright or intellectual property rights of the Third Party Content owners. You are aware that Third Party Content owners may exercise legal and other equitable remedies to protect their copyright and other intellectual property rights in the Third Party Content.

5 - DATA USAGE AND CHARGES

In order to use RC143, You need to have access to the internet. You are responsible for any Data or internet usage charges imposed by your local telecommunication operator for using RC143. In using RC143, You will also consume the data allocation provided by your regular internet or data service subscription. In the alternative, You may also use RC143 through a reliable Wi-Fi Connection. AS RC143 IS HIGHLY DEPENDENT ON THE INTERNET, YOU AGREE THAT THE QUALITY OF OUR SERVICE IS DEPENDENT ON THE QUALITY OF YOUR INTERNET OR DATA CONNECTION. PRC, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS (COLLECTIVELY "Philippine Red Cross") ANY OF THE PRC GROUP DIRECTORS, OFFICERS OR EMPLOYEES CANNOT BE HELD LIABLE FOR YOUR FAILURE TO USE THE SERVICE. WE CANNOT GUARANTEE THAT THE SERVICE WILL BE ERROR FREE.

QUALITY OF SERVICE AND MAINTENANCE – RC143 will use reasonable efforts to provide SERVICE with minimum disruptions. However, RC143 cannot guarantee that SERVICE will always function without disruptions, delay or other problems. Since RC143 operates over public internet lines and the PSTN, there may be power outages, or internet service disruption and you may experience disruptions, ex. packet loss and delay which will interfere with the quality of your call.

RC143 may change technical features in order to keep pace with the growing demands of users and available technologies or to comply with Applicable Laws. RC143 may also have to fix, improve or upgrade the RC143 App and platform and this may require us to restrict,

6 - MISUSE OF THE SERVICE

You are prohibited from Misusing the Service. The term "misuse" shall include (but not limited) to the following circumstances:

a) Reselling or redistributing the Service to another person under a different brand or name; b) Any act that could adversely affect any of Our subscribers, networks, property, or Services in general including Our reputation; c) Using the Service for any communication which in our reasonable opinion is considered Spam, including Machine-to-Machine communication; d) Using the Service in the commission of a crime including but not limited to the distribution of obscene, pornographic, malicious and other similar contents; e) Using the Service for commercial purpose unless otherwise agreed in writing; or f) Using the Service to misrepresent yourself or to perform any malicious, fraudulent or illegal act; g) Infringing the intellectual property rights of Philippine Red Cross or any Third Party Content owners; h) Any other act analogous to the foregoing

Apart from terminating Your service, We reserve Our right to exercise other remedies available under law and equity, including injunctive relief for any misuse of the Service without the need to establish damages. We may conduct an investigation if we believe You are Misusing the RC143 Service

7 - COMPLIANCE WITH LAWS

We recognize that there are certain jurisdictions which prohibit the use of any internet telephony services. If You belong to such jurisdictions, We ask that You desist from using the RC143 Service. Otherwise, We presume that Your existing laws do not prohibit You from using the RC143 Service.

You agree to indemnify Us and our group of companies in full and on demand from and against any loss, damage, costs or expenses which we or they may suffer or incur directly or indirectly as a result of the breach of any these Terms.

We reserve the right to suspend or terminate Your account if, in our sole and reasonable opinion, we determine that the use of the RC143 is for an immoral, illegal or unlawful purpose, or violates these Terms or may affect our network or equipment.

Also the collected Special Personal information collected which may include but is not limited to:


May be shared with Government Agencies like Department of Health, Department of Interior and Local Government and Local Government units as required by Law.

8 - SERVICE AVAILABILITY AND UPDATES

Given the nature of the Service/s, We do not guarantee that it will always be available in a particular area or it will be error free. There may be instances of unavailability of Service. There are physical factors beyond Our control such as, but not limited to, weather/climate, structures, geographical terrain, topography, signal strength, traffic volumes, and technical limitations which may affect actual service, quality and availability. Your Device may also affect the quality of service. You understand and agree that We shall not be held liable for any complaints or problems caused by Service availability or quality.

To further improve the security, safety, provisioning of the Service/s, We may remotely update or change any applications, software, systems or features of RC143 (System Update) without any prior notice. Such System Updates may modify Your Device and could delete any and all data You have stored on Your Device. It may likewise alter Your usual user experience of the RC143 application. The Service/s may be suspended and unavailable during a System Update. Any update may also be a condition for your continuous use of the RC143 Services.

9 - DEVICE

You need to use a smartphone, (collectively "Device") to access RC143. At present, RC143 is available in Android operating systems. You may use any Device to access RC143 provided it meets the minimum qualifications required by the RC143 App. We are not in the business of manufacturing or of selling any Device. Hence, We do not endorse any Device to be used in accessing RC143. WE DO NOT WARRANT THAT RC143 WILL WORK IN YOUR DEVICE. All and any risk of loss, damage or destruction on the Device as a result of using RC143 shall be your full responsibility. We reserve the right to disallow You from using a Device if we believe that its use may potentially harm other users or the RC143 application.

10 - NOTICE

In using Our Service, You agree that We (including any third-party calling on our behalf) can contact You, for any service related purpose within reasonable business hours, at any convenient means such as but not limited to email or SMS. In addition, You agree to receive SMS (text messages) that may be for verification of possible infection and information validity. Your consent to receive these messages is not a condition of the Service and You may revoke this consent at any time upon providing Us with written notice.

11 - INDEMNIFICATION

You commit and undertake to indemnify defend and hold Us (including Our subsidiaries, parent company, affiliates, suppliers, vendors, third-party provider or licensors) free and harmless from any action, claim, award, suit losses, damages, fines, penalties, costs, and/or expenses (including, without limitation, attorney’s fees) arising out of or in relation to Your actions including but not limited to the use of the RC143 Service/s or violation of this Agreement or any law or policy cited in this Agreement, any applicable law or regulation, or the rights of any third party. You shall be fully and exclusively responsible for any information or material You transmit, or any act (or inaction) associated with the use or access of any Third Party Content. We shall not in any way be liable for Your failure to protect Your passwords or any account.

12 - DISCLAIMER

UNLESS EXPRESSLY PROVIDED IN THIS Terms, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ON ANY SERVICES YOU OBTAINED FROM US OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE CANNOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WILL WE AUTHORIZE ANYONE TO MAKE SUCH WARRANTIES ON OUR BEHALF. EVEN SO, THIS DOES NOT OPERATE AS A WAIVER TO CLAIM AGAINST OTHER PERSONS WHO MAY HAVE MADE SUCH UNAUTHORIZED REPRESENTATION. THE RC143 SERVICE/S WILL ALWAYS BE ON AN "AS IS" BASIS WITH "ALL FAULTS, ERRORS, AND DEFECTS." IT IS ALSO IMPOSSIBLE FOR US TO GUARANTEE THAT RC143 WILL BE PRIVATE OR SECURE; WHILE IT IS ILLEGAL FOR UNAUTHORIZED PERSONS TO PRY OR INTERCEPT YOUR PERSONAL COMMUNICATION OR RETRIEVE YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THAT THE SAME WILL NOT HAPPEN.

THE EFFECTIVITY OF THE RC143 APP IS BASED ON CURRENTLY KNOWN FACTORS AND CIRCUMSTANCES THAT AFFECT THE RISK OF ACQUIRING COVID-19 AND THE NUMBER OF PERSONS USING THE RC143 APP. FURTHER, THE RC143 APP MAKES NO REPRESENTATION THAT THE USER WILL NOT ACQUIRE COVID-19 BUT MERELY PROVIDES A TOOL TO MITIGATE THE CONTAGION RISK AND PROVIDE FOR CONTACT TRACING.

13 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, ANY AND ALL CLAIMS AGAINST US (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, VENDORS, THIRD-PARTY PROVIDERS, PARENT COMPANY) SHALL BE LIMITED TO (I) TEN US DOLLARS (US$10), (II) MAXIMUM AMOUNT SET BY LAW, IF ANY; OR (III) YOUR ACTUAL DIRECT DAMAGES, WHICHEVER IS LOWER. YOU AGREE THAT THIS LIMITATION SHALL APPLY REGARDLESS OF THE GROUNDS OF YOUR CLAIM INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, FRAUD OR ANY OTHER SOURCE OF LEGAL CLAIM. NEITHER ARE WE (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, VENDORS, THIRD-PARTY PROVIDERS, PARENT COMPANY) LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE ANY SERVICE AND/OR THE DEVICE . YOU RECOGNIZE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS ARISING FROM ANY OF THE FOLLOWING CIRCUMSTANCES: A) ANY ACT OF A THIRD PARTY WHO IS NOT AUTHORIZED TO ACT ON OUR BEHALF; B) FORCE MAJEURE OR ANY ACT BEYOND OUR CONTROL; C) RIOTS, STRIKE, WAR, TERRORISM OR OTHER SIMILAR INCIDENTS; D) ANY VIRUS, WORMS, MALICIOUS CONTENT, DATA, IMAGE, ETC DOWNLOADED IN YOUR DEVICE VIA THE RC143 SERVICE/S; OR E) THIRD PARTY CONTENT YOU ACCESSED USING THE RC143 APPLICATION YOU RECOGNIZE THAT THIS PROVISION IS A MATERIAL CONSIDERATION IN THE SERVICES WE OFFER YOU. YOU RECOGNIZE THAT THIS PROVISION SHALL OPERATE AS A WAIVER OF ANY AND ALL OTHER EXISTING REMEDIES AVAILABLE UNDER EXISTING LAWS.

14 - INTELLECTUAL PROPERTY

You recognize that the "RC143" "PRC", and all other trademarks used in the RC143 Service are exclusively owned by or licensed to Philippine Red Cross Except as provided herein, nothing in this Terms can be construed as granting any license to use, copy, modify, reverse engineer, assert a claim, assign, sell, or register any of Our intellectual property. A violation of this provision may result in irreparable injury which cannot be fully remedied by pecuniary award. Thus, We shall be entitled to immediate injunctive relief in addition to all other remedies available for any violation of this provision. We however do not claim any form of ownership, interest or right in any Third Party Content found in the RC143.

15 - PRIVACY

We may collect data and Personal Information ("Data") and Special Personal Information about You in order to deliver the RC143 Service or to further improve the same. Yet We endeavor to protect information entrusted to Us. You agree and provide your consent for us to collect, process and store Your Data subject to our Privacy Policy.

The Privacy Policy https://rc143.voxptech.com/privacy may change from time to time. You are encouraged to regularly view our Privacy Policy for any updates.

16 - SUSPENSION AND TERMINATION You may terminate Your RC143 account anytime by sending Us an email at nbs@redcross.org.ph You are also considered to have terminated the Service if: (a) You do not use the RC143 service for 1 calendar year; (b) You do not respond to Our communication or notices; or (c) refuse to accept any System Update. WE reserve the right, in Our sole and reasonable discretion, to suspend or terminate Your account without any liability in any of the following circumstances, You: a) Commit a breach on any of the provisions of this Terms; b) Use the Service to perpetuate any form fraud, misrepresentation or illegal activities; c) Use the Service in a manner that unnecessarily places PRC to breach or violate any existing contractual or legal obligation; d) Use the Service in a way that is unduly burdensome, abusive, excessive or detrimental to Us, other subscribers or any third-party; e) Misuse the Service as defined in this T&C; f) Allow other persons to use your Account; g) Do any other act analogous to the foregoing or any act which may be detrimental to Our business or the subscriber in general. We may also suspend or terminate the Service or any portion thereof for any System upgrade or any operational concerns including any lawful order by government authorities. We will not be required to give any form of prior notice. You recognize that upon termination of this Agreement for any reason, You will not be able to use, enjoy or access any of the RC143 Service/s. The termination of this Agreement shall be without prejudice to our right to recover any claim, fees or payments which accrued prior to the termination of the Agreement.

17 - CHOICE OF LAW AND VENUE

This Agreement shall be governed by the Laws of Republic of the Philippines. Any action relating to this Agreement be brought must be filed in the court of competent jurisdiction in the Philippines. 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 RC143 Services. PLEASE CEASE USING RC143 IF THE LAWS OF YOUR DOMICILE OR RESIDENCY PROHIBIT YOU FROM USING THE SAME.

18 - FAQ

For your convenience, you may browse and read our FAQ https://rc143.voxptech.com/faq

19 - GENERAL TERMS

a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign this Agreement without Our prior written consent. Any assignment in contradiction of this clause shall be void. We may delegate the performance of our obligation to third-party developers, suppliers or our affiliates without Your consent. We may likewise assign this Agreement to a third party without your consent. In such case, your only remedy is to terminate the Agreement. b) Except as may be provided herein, this Agreement shall not inure to the benefit of any third party c) The headings in this Agreement are solely for reference and our mutual convenience. It will not be used in interpreting the legal effect of this Agreement d) In the event We waive any provision on one occasion, it does not amount to a waiver of Our right to waive such provision. e) This Agreement will not the benefit any third party except Our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. f) We reserve the right to modify or amend this Agreement anytime.