- DESCRIPTION OF SERVICE
Service shall mean subscription to IMONGGO, a Sales and Inventory transaction recording, reporting and Point-of-Sale (POS), internet-based application software that includes web-browser user interface screens, data input, maintenance, inquiry and storage.
2.1 IMONGGO and any copyrights, trademarks, patents, trade secrets, intellectual property rights and other proprietary rights in and to the Service are owned by Globe’s licensor and/or its Suppliers, and Customer obtains no right, title or interest therein. Should the Service or the operation thereof become, or in Globe’s opinion is likely to become, the subject of a claim of infringement, Globe may (i) procure for Customer the right to continue using the Service, (ii) replace or modify the same so that it becomes non-infringing; or (iii) terminate this Agreement upon written notice in which event, Customer will not be liable for pre-termination charges.
3.1 The Service requires use of specific device which Customer should purchase from Globe’s accredited supplier. Such device shall be delivered directly to the customer by Globe’s accredited supplier.
- AFTER-SALES AND TECHNICAL SUPPORT
For all billing and account related support, Customer may email [email protected] Mondays to Fridays, 8:00 a.m. to 5:00 p.m. For technical support concerning the device, Customer must directly contact Globe’s accredited supplier.
- BILLING AND PAYMENT
Billing shall commence upon delivery of the device and activation of the Service. The monthly recurring fee stated in the Statement of Account (SOA) must be paid by the customer on or before the due date stated in the SOA. Globe has the option to suspend the Service if the customer fails to pay the amount due, on or before the due date.
- FORCE MAJEURE
Globe shall not be considered to be in default if its failure to perform any obligation hereunder is caused solely by supervening conditions beyond Globe’s reasonable control, including, but not limited to, natural calamities, civil commotion, strikes, labor disputes, fires, terrorist acts, or governmental demands or requirements; provided that any such performance shall be completed as soon as commercially reasonable following the termination of any such supervening conditions.
- WARRANTY DISCLAIMER
7.1 IMONGGO is furnished on an "as is", as-available basis. Globe does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed.
7.2 Globe shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Service, (b) the unavailability or interruption of the Service, (c) Customer’s use of the Service (regardless of whether Customer received assistance from Globe or its licensor in using the Service, or (d) Customer’s use of any equipment in connection with the Service.
- LIMITATION OF LIABILITY
8.1 In no event shall Globe and/or its Suppliers be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including without limitation, damages for loss of profits, loss of use, business interruption, loss of data or other pecuniary loss), in connection with this agreement, whether based upon contract, tort or any other legal theory, including negligence, even if Globe has been advised of the possibility of such damages.
8.2 In no event shall Globe’s liability to Customer arising out of this Agreement exceed the total amount of fees actually paid by Customer to Globe, or an amount equivalent to one year MSF, whichever is lower.
9.1 Upon termination or downgrade of the plan, a pre-termination fee based on the Monthly Subscription Fee (MSF) times the remaining number of months in the Lock Up Period, and a Php550 administration fee will be charged against the Customer.
9.2 Globe may terminate the subscription to the Service by providing written notice of at least sixty (60) days prior to the effective date of termination.
Customer shall not assign or transfer his/her subscription to the Service without the prior written consent of Globe.
The terms and conditions published in http://www.imonggo.com/terms_of_use/ governs the use of the Service by the enrolled end-users of the Customer.