Terms and Conditions
By accessing Listing.ph, you agree to our terms and conditions. If you do not agree to this terms we won’t take it personally, but please do not use our product and services.
1) If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
2) You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Copyright Notice
1) Copyright (c) 2022 Listing.ph
2) Subject to the express provisions of these terms and conditions:
(a) we, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
1) You may: (a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; (d) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
2) Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3) You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4) Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
5) Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent, serve or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website.
6) We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Unacceptable Use
1) You must not: (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (e) access or otherwise interact with our website using any robot, spider or other automated means; (f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); (g) earn Points(or Credits) bonus that granted for newly registered users by 2nd or more accounts of yours; (h) use Listing.ph logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights; (i) use the third party’s trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
1) You acknowledge that Listing.ph: (a) cannot guarantee the accuracy, quality, and truthfulness of the information published by Listing owner; (b) is not responsible for any kind of agreement or contract between you(or user) and other users at this site; (c) will not be liable to you in relation to any loss or damage arising out of any use of Listing.ph websites, any information provided by Listing owners, any offer made by Listing owners, or any contract with Listing owners.
2) Listing.ph is not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.
3) You agree that by using the site and availing of our services you do so at your own risk.
4) You agree to take full responsibility and take reasonable precaution in all dealings, communications and interactions with users or any other individuals encountered as a result of using the site.
5) You agree that we are not liable for any act or omission of any user of the site or other third party.
- Registration and Accounts
1) You may register for an account with our website by completing and submitting the account registration form on our website.
2) You must not allow any other person to use your account to access the website.
3) You must notify us in writing immediately if you become aware of any unauthorized use of your account.
4) You must not use any other person’s account to access the website.
5) You must keep your password confidential.
6) You must notify us in writing immediately if you become aware of any disclosure of your password.
7) You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8) You must own only 1 account. In the case needed more than 2 accounts, you firstly contact Listing.ph admin to confirm it.
- Account Suspension
1) Please be aware and understand that Listing.ph always reserves the rights to: (a) suspend your account; (b) cancel your account; and/or (c) edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
2) You may cancel your account on our website by sending us an email. You will not be entitled to any refund if you cancel your account.
- Promotion and Subscription
1) To become a subscriber(or we say, “Listing Owner” or “Business Account”) that is entitled to add your business listing to our website, you must submitted the applicable personal identification if needed, after you have registered for an account with our website.
2) The fees in respect of our website services will be as set out on the website from time to time.
3) You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
4) We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
5) If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
6) If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: (a) an amount equal to the amount of the charge-back; (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); (c) (c) an administration fee of; and (d) all our reasonable costs, losses and expenses incurred in recovering the amounts (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
7) If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
8) We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
9) Refund claims can be satisfied only if the the services is not as described, or is broken or is corrupt by technical issues. The deadline for a Buyer making any refund claim is 7 calendar days after the order of subscription. Refund can not be done via Cash, Bank Transfer.
10) Refund of Promotion or any other paid services paid with Points(or Credits), the refund amount shall be calculated on dividing the service fee by days(the days of purchase to day of Listing owners report to us).
11) If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.
- Your content and our obligation
1) In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to Listing.ph or our website for storage or publication on, processing by, or transmission via, our website.
2) You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
3) You grant to us the right to sub-license the rights licensed under Section 12.2.
4) You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.
5) You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6) You may edit your content to the extent permitted using the editing functionality made available on our website.
7) Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8) You warrant and represent that your content will comply with these terms and conditions.
9) Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10) Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any right of confidence, right of privacy or right under data protection legislation; (d) constitute negligent advice or contain any negligent statement; (e) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (f) be in contempt of any court, or in breach of any court order; (g) be in breach of racial or religious hatred or discrimination legislation; (h) be blasphemous; (i) be in breach of official secrets legislation; (j) depict violence in an explicit, graphic or gratuitous manner; (k) be pornographic, lewd, suggestive or sexually explicit; (l) be untrue, false, inaccurate or misleading; (m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (o) cause annoyance, inconvenience or needless anxiety to any person.
- Report abuse
1) If you find of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know via internal messenger or Email.
- Limited warranties
1) We do not warrant or represent: (a) the completeness or accuracy of the information published on our website; (b) the material on the website is up to date; or (c) the website or any service on the website will remain available.
2) We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
3) We exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitation of liability
1) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
2) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
3) We will not be liable to you in respect of any loss or corruption of any data, database or software.
4) We will not be liable to you in respect of any special, indirect or consequential loss or damage.
5) You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer.
1) You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any other amounts) arising directly or indirectly including: (a) any breach by you of any provision of these terms and conditions; (b) your use of our website, application and services; (c) any deals you made through our website, application and services.
- Breaches of Terms and Service
1) Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website; (d) block computers using your IP address from accessing our website; (e) contact any or all of your internet service providers and request that they block your access to our website; (f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on our website.
2) Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- External Links
1) Our website includes hyperlinks to other websites owned and operated by third parties.
2) We have no control over third party websites and their contents. We accept no responsibility for them or for any loss or damage that may arise from your use of them.
1) 1 We may revise these terms and conditions from time to time.
2) 2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
3) If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
1) You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2) You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
1) If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2) If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
1) A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2) The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
1) The entire agreement shall constitute between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
1) A contract under these terms and conditions shall be governed by and construed in accordance with Japanese law.
1) Any disputes relating to a contract under these terms and conditions shall be subject to the jurisdiction of the courts of the Japan.
- Statutory and regulatory disclosures
1) We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.2) These terms and conditions are available in the English language only.
- Damage to your Business
This section will refer to the owner of the listing (including but not limited to service, property, company, individual, departments/managers/specialists/agents, or anyone authorized to manage/own or be in charge of listing) as ‘owner’ and users enjoying owner’s services as ‘users’
1) As owner, you agree that you shall not hold Listing.ph liable for any damages to your businesses from users obtained from the use of the site.
2) As user, you are responsible for leaving the owner’s businesses in its conditions that meets agreement between owner and user.
3) As user, you agree that you are responsible for your own acts and omissions, as well as the acts and omissions of any individuals whom you invited to owner’s businesses, while you enjoy the owner’s services.
4) Any settlement for damages should only be between the parties directly involved. Both owner and user acknowledge and agree that we, Listing.ph are not part of any agreement that may arise from settling damages. Therefore, we, Listing.ph should not have any part or in any way be responsible for performing any obligations for any kinds of damages set by this agreement.