These Terms and Conditions (the “Terms”) of Doba (Philippines) Incorporated (“Doba”), registered at Unit 303, 3/F R.D Abano Bldg., Lot 4, Block 10, Cuasay St., Central Signal Village, 1633 Taguig City, Fourth District, Metro Manila, the Philippines, are a legally binding agreement between you and Doba and its affiliates relating to the usage of Doba's website (doba.com.ph), DobaShare application, and related services (collectively, the “Services”), including, but not limited to, the registration of a membership to utilize the Services (a “Membership”). These Terms do not apply to any content or services provided by third parties, whether such third-party services (or links thereto) appear on Doba’s website or are otherwise incorporated into the Services or not. These Terms affect your rights, so please read and review them. Subject to our Terms, Doba will use commercially reasonable efforts to provide to you the Services and commercially reasonable technical support within Doba’s website and/or application available on various platforms in accordance with Doba’s standard practices.

 

1. Acceptance of Terms and Conditions; License

By using the Services, you are expressing your acceptance of and willingness to be legally bound by these Terms, as amended from time to time. Your ability to access and use our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Doba webpage. By using the Services, you consent to the terms and conditions of all Doba policies.

Your use of a particular webpage included within the Doba website may also be subject to additional terms outlined elsewhere on such webpage. You may not use the Services without accepting these Terms.

Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you are agreeing to these Terms on behalf of a legal entity, you represent to Doba that you have the authority to bind such entity and its affiliates to these Terms. In such case, the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Doba grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership or direct access.

 

2. Modifications of Terms and Conditions

Doba may, from time to time and in its sole and absolute discretion, amend or modify these Terms with or without notice to you; provided that Doba will use commercially reasonable efforts to give you at least 7 days' notice prior to the change. Notifications regarding the policy modifications or amendments will be posted directly on Doba’s website. Additionally, an email notification will be sent to the email address provided to Doba by our users. The most current version of these Terms will supersede all previous versions, and your use or continued use of the Services will constitute your acceptance of and willingness to be bound by such version of these Terms. The most current version of these Terms may be viewed at any time by clicking on the link at the bottom of Doba’s website or within the DobaShare application.

 

3. Your Information and Content

As part of the Membership registration process, website browsing, and order placement process on DobaShare application and the Doba website, you will be required to provide certain personal identifying and financial information in connection with your Doba account. You may also add additional personal information to your account profile at your discretion. Such information is not required but may improve the experience of our Services. All information you provide to Doba, directly or indirectly, is subject to Doba’s Privacy Policy, which you agree to by your use of the Services please review it carefully to understand Doba’s privacy practices.

Subject to Doba's Privacy Policy, Doba is free to use any comments, information, ideas, concepts, reviews, and/or techniques provided by you to Doba or its affiliates. The examples include, but are not limited to chat, email, phone, and/or questionnaires sent to users by Doba, and posts or comments made on DobaShare application and Doba’s website, directly or indirectly (collectively, “User Content”), without any form of compensation, acknowledgment or payment to you.

Notwithstanding anything to the contrary, Doba shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies. This includes but is not limited to, information concerning your User Content and data derived therefrom), and Doba will be free (during and after the term hereof) to (a) use such information and data to improve and/or enhance the Services and/or for other development, diagnostic and corrective purposes in connection with the Services and other Doba offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments, or other feedback relating to the Services to Doba, you agree that Doba and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize your suggestions and feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Doba will not be obligated to implement any suggestions, or feedback, or correct any defects, bugs, or errors in the service identified in the feedback or otherwise.

In addition to the foregoing, you hereby also grant to Doba a nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and service providers), irrevocable, royalty-free, fully paid-up license to access, use, display, reproduce, modify, and process your User Content in accordance with these Terms and Doba’s Privacy Policy, as each is amended from time to time.

 

4. Restrictions and Responsibilities

You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, or remove any proprietary notices or labels.

You represent covenant and warrant that you will use the Services only in compliance with Doba’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Although Doba has no obligation to monitor your use of the Services, Doba may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords, and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

You are not permitted to (a) transfer or otherwise make the Services available to any third party; (b) provide any service based on the Services without our prior written permission; (c) post links to third-party sites or use their logo, company name, etc. without their prior written permission; or (d) use the Services for spamming, scamming and/or other illegal purposes.

You agree that you will not upload to the Services or create any content that depicts violence, nudity, or partial nudity or is unlawful, sexually suggestive, pornographic, offensive, discriminatory, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including intellectual property and/or privacy rights, or that otherwise violates these Terms.

 

5. Product Sharing; Commission

As an influencer, you may share Doba products with your social media followers to generate orders and earn a commission.

Influencer Account

First, an influencer account should be created on the DobaShare application, which can be downloaded from major phone application stores. If you are a Buyer member of the DobaShare application, you may authorize your buyer account to become an influencer account. The time zone used in the DobaShare application is the Philippine Standard Time. It is recommended to keep the status of your account active while using the DobaShare application, or you won’t be able to share products, generate orders, or withdraw the commission (see the following section.)

Product Discovery and Sharing

After your influencer account is registered and approved by Doba, you will be able to view, search, and discover products within the DobaShare application. You will see the product name, picture(s), details, as well as the commission payout you will receive from the item within the DobaShare application. The products available to you and the details of the products, including but not limited to their description, picture(s), and price are determined and may be modified from time to time without prior notice to you, by Doba at its sole discretion. The products will be priced in Philippine Pesos. You may choose any product to share on a social media platform at a time. You may choose as many products to share on as many social media platforms as you like. However, the style and contents of the shared products and the social media platforms available to you are decided by Doba at its sole discretion.

Buyers of Shared Products

When your social media follower(s) sees the shared product, they can click the shared link or scan the shared QR code, pay, and submit the order. The order will be sent to Doba for review and approval. Doba will make the decision to approve or reject any order at its sole discretion. Once the order is approved and shipped, the commission will be automatically generated within your account and can be withdrawn. Orders are required to be paid and submitted within 30 calendar days of clicking the shared links, or scanning the QR code to be eligible for commission. If the order is not paid and submitted after 30 calendar days, the order will expire and is no longer considered an active order. As an influencer, you may click the “Buy Now” button on a product’s Details page in the DobaShare application, and place orders for yourself. Once the order is approved and shipped, the commission (as “Cashback”) will also be automatically generated within your account and made available to you for withdrawal.

Commission Withdrawal

The Commission is calculated in Philippine Pesos.

When your commission is accumulated to a certain amount, once you hit the minimum withdrawal amount, a withdrawal will become available. The withdrawal will happen either automatically over a regular period, or you have to file a withdrawal request when you’re allowed to do so according to the rules.

When a withdrawal happens, an application will be created, approved, and processed by Doba. The withdrawn amount will be transferred to the bank account you connected to during your account setup. Transfers can take up to 5-7 business days, or even longer, to reflect in your account depending on your bank or financial institution. The minimum withdrawal amount and period are decided by Doba at its sole discretion. Any withdrawal fees charged by your bank or financial institution are solely determined by them and are your responsibility to pay, and will be deducted directly from the withdrawal amount if there is any. 

It is your responsibility to maintain an active, up-to-date withdrawal account. You should use your own account, and using other’s accounts is strictly forbidden and the withdrawal request will be rejected. Authorized accounts include GCash, Maya, and your Bank account. One such account could be connected to one Influencer account only. Doba takes no responsibility if the commission withdrawal fails due to your failing to provide a withdrawal account and/or the account you provided is invalid, and/or you fail to keep the status of your DobaShare account active. Doba also takes no responsibility if you fail to withdraw or receive the commission because you provided a valid withdrawal account, but such an account becomes invalid later, or it belongs to or is taken by a third party. We will notify you through email for both successful and failed withdrawals.

Commission Eligibility

After an order is paid, but refunded later, or the order payment is disputed and/or has an active chargeback by the buyer, the commission will become ineligible. The commission is also ineligible if the respective order is obtained through deceptive, fraudulent, or illegal means. A withdrawal application for any ineligible commission will be rejected. If your withdrawal request is approved, but the rejected commission is included in the request, the rejected/ineligible commission will be removed prior to the transfer and will not be credited to you. In the event it already was approved and requested for withdrawal prior to becoming ineligible/rejected, that amount will automatically be deducted from your commission amount. In the event the amount was approved, transferred, and then rejected, a negative balance will appear within your Account Transaction Records. If the dispute is resolved in Doba’s favor, the commission will remain ineligible/rejected. In the event that the account balance becomes negative, the influencer is required to remit payment to Doba within 30 days of receiving notice from Doba regarding the negative balance. Failure to do so grants Doba the right, a) to pursue collection from the influencer. The influencer shall be responsible for covering all associated costs, including but not limited to attorney's fees and litigation expenses incurred in the process of debt collection, and/or b) to deduct the same amount from the influencer’s future eligible commission.

Doba reserves the right to terminate your DobaShare influencer account for any or no reason, with or without notice.

 

6. Using the Services as a Buyer

If you are a Doba Influencer, you may directly view products and place orders on DobaShare application and the Doba website. As a Doba buyer only, you are required to register with a Buyer account on DobaShare application or the Doba website, for the purpose of accessing the Doba services, browsing products, placing orders, filing return/refund requests, etc.

After you place an order, we will send an order confirmation email to the email address you provided at the time of registration. If you want to track your order’s shipping progress, request a return and/or refund, or just want to review the order’s information, you can do so by logging in to your buyer account. Doba takes no responsibility if you fail to receive your order because you failed to provide a valid or accurate shipping address, phone number, and/or consignee.

Doba reserves the right to terminate your buyer account or your access to Doba (doba.com.ph) for any or no reason with or without notice.

 

7. Services Access; Identity Protection

Subject to Doba's Privacy Policy, in order to provide you with ease of access to your account, Doba will place a cookie (a small text file) on any phone or device from which you access the Doba website. When you revisit the Doba website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. Even if you are a direct buyer on DobaShare application and Doba’s website and don’t have an account, this cookie will enable us to recognize you as a previous user, and re-populate the previous orders you have placed on Doba, auto complete the billing address you have provided for your previous order for you, etc.

You are responsible for updating and maintaining the validity and accuracy of the information you provide to us through your account settings. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You may not share your account with other people by providing them with your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities that may arise therefrom. Users of public or shared computers log out of the Doba website at the end of each session.

If you discover that you are a victim of identity theft that is involved with an account on Doba, we urge you to notify customer support as soon as possible. You should also report identity theft to any and all of your credit card issuers, banks, as well as your local law enforcement agency.

Doba reserves the right to suspend and terminate your account at any time with or without notice if Doba believes that such an account is involved in fraudulent activity. You will not be entitled to any refund and/or other consideration in connection with the suspension of your account by Doba for any reason.

 

8. Product Sales and Other Services

This section applies to you in your capacity as a purchaser of products from DobaShare application and the Doba website using the Services, even if you are additionally a Supplier or a reseller/retailer. Suppliers and resellers/retailers are subject to additional terms and conditions which are made available to them in connection with qualifying to offer or resell products through the Services.

Doba Website

As a Buyer, besides the DobaShare application, you may view products and place orders on Doba (doba.com.ph). You may visit the Doba website from a computer by entering the URL manually, however, you will get an optimized experience through a mobile device, such as a phone, iPad, tablet, etc.

Product Pricing

Doba reserves the right to modify and adjust product prices at any time and from time to time without notice or liability, including but not limited to, correcting product pricing and/or typographical errors. You acknowledge that product pricing on Doba fluctuates as a result of the original supplier changing the product's sale price, which may result in continual and unpredictable product pricing changes at any time.

Product Descriptions and Specifications

You acknowledge that all product specifications and descriptions are provided solely by the original suppliers and that Doba is not responsible for the accuracy of any or all information provided by such suppliers. Doba makes no warranty, expressed or implied, with respect to the accuracy of such information. In addition, due to size, volume of requests, and resource constraints “Data Exports” may not be current at all times and may be delayed and/or contain data that is older than what is displayed on Doba’s website.

Manufacturer names may be listed for identification purposes only and in no way represent an endorsement of the applicable manufacturer. It is your responsibility to ensure that a product’s information is correct, authentic, and aligns with the manufacturer’s official description and specifications. You further agree to report to Doba’s customer support team as soon as possible any incorrect and/or fraudulent product listings and identify the allegedly incorrect or fraudulent elements of such listings.

Product Orders; Changes and Returns

When purchasing any product from DobaShare application and the Doba website using the Services, you agree that you are responsible for reading the entire product listing and, by completing the product order process, entering into a binding contract to purchase such product from Doba. Doba is not responsible for losses or damages you may incur as a result of erroneous or misplaced product orders or typographical errors associated with any purchase or shipping information you enter within Doba. It is your sole responsibility to review and verify the accuracy of each order, including but not limited to, the item being purchased, item pricing, item shipping and/or handling costs, and any other applicable terms prior to submitting an order.

Doba directly determines the return, replacement, and refund policies (the “”) on Doba. You are responsible for reviewing and becoming familiar with these policies prior to placing an order and agree to abide by such policies with respect to the applicable orders. Failure to comply with any such policies may result in a rejected and/or reduced return, replacement, or refund. You can view the policies on DobaShare application and the Doba website.

All payment for orders will be made via your added payment method; provided that Doba may limit or suspend transfers for orders over certain amounts of pesos or that Doba deems, in its sole and absolute discretion, to have high fraud risk.

Generally, once an order is placed, it cannot be modified or canceled. However, under certain circumstances and in the discretion of Doba and, if applicable, Doba may modify or cancel certain orders; provided that you contact customer support as soon as possible with a change or cancellation request. You can contact customer support by phone, email or chat. Doba is not responsible for any losses and/or damages you may incur as a result of any approved or denied order modification or change request.

Cash on Delivery (COD) Orders with Doba: Guidelines and Responsibilities

Doba offers a Cash on Delivery (COD) option for some or all products. You have to follow the guidelines and shoulder the responsibilities outlined below.

Cancellation Policy: You may cancel your COD order anytime before it is shipped. Cancellation is not possible once a tracking number has been assigned.

Delivery Attempts: Each COD order will be attempted for delivery up to three times. It is your responsibility to ensure that the shipping address provided is accurate and that you are available to receive the package during delivery attempts.

Non-Delivery Consequences: Doba is not liable for delivery failures resulting from incorrect addresses, the unavailability of the recipient, or refusal to accept the package. Repeated delivery failures for orders placed by the same buyer may lead Doba to decline future COD orders from that buyer.

Refund Process: In case of a refund, the amount will be credited to the buyer’s bank/GCash/Maya account. It is imperative that you provide accurate account details for the refund process. Doba is not responsible for refund failures due to incorrect account information provided by the buyer.

Doba is committed to ensuring a smooth transaction process for all our customers. If you don’t agree to the guideline above, COD option won’t be made available to you.

You are obliged to use the COD service on Doba.com in good faith. Doba reserves the right to unilaterally suspend or cancel your COD transaction privileges based on your number of payment refusals and order fulfillment status. If your malicious use of the COD service causes losses to Doba, you shall compensate Doba for all losses incurred (including but not limited to attorney fees, litigation costs, and other costs of rights protection).

Shipping and Handling

You are responsible for paying the shipping and/or handling fees for all products purchased through the Services, even if you refuse or return a shipment. Odd-sized or excessively heavy items may require custom shipping cost calculations, in which event you will be required to approve such custom shipping arrangements prior to any such order shipping. Doba is not responsible whatsoever for defective products, shipping errors, and/or damage to products in transit.

Regardless of whether product specifications on DobaShare application and Doba’s website provide published shipping weight, such weights are for informational purposes only and are not to be used for estimating or calculating shipping costs or your financial obligation with respect thereto. Please refer to the checkout page on DobaShare application and the Doba website to determine the actual shipping costs.

Product Warranty

Doba is not the actual manufacturer of and is not responsible for any warranties for products purchased through the Services; please refer to the warranty terms and conditions provided by the applicable product manufacturers and their respective agents. All product issues, claims, and questions concerning warranties should be submitted directly to the applicable manufacturer. AS BETWEEN DOBA AND YOU, THE PRODUCTS ARE PROVIDED “AS IS” AND DOBA DISCLAIMS ALL WARRANTIES WITH RESPECT THERETO, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

To the extent, a product is a health-related device and/or nutritional supplement, all listing information contained on the product webpage, including but not limited to, information relating to medical and health conditions, products, and treatments, is provided by the manufacturer for informational purposes only and is not meant to be (a) a substitute for the advice of a qualified physician or other medical professional OR (b) be used for prescribing medication and/or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the Philippines Food and Drug Administration and are not intended to diagnose, treat, cure, and/or prevent any disease or ailment.

 

9. Intellectual Property

Doba shall own and retain all rights, title, and interest in and to (a) the Services (including the Software), all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed as a result of or in connection with any support services, and (c) all intellectual property rights related to any of the foregoing. No title to or ownership of the Services, including, without limitation, any logos, designs, texts, graphics, pictures, data or content, software, platform, technologies, or any proprietary rights related to the Services, is transferred under or by virtue of these Terms. Doba reserves all rights in and to the service not expressly granted to you under these Terms. Further, these Terms do not authorize you to use any name, trademark, or logo of Doba. Doba reserves the right to terminate your Membership or direct access without any notice or liability to you if, in its sole and absolute discretion, Doba believes that you are in violation of this clause.

Without limiting the foregoing, reproductions, and/or alterations of product images, and/or descriptions may be used for marketing and reselling purposes only. You must receive written consent from Doba for any other use or any modification of product images, and/or any other copyrighted materials.

Any images of persons or personalities contained on DobaShare application and the Doba website shall not be an indication of endorsement of any product within Doba or the Services unless explicitly stated otherwise.

You may not repackage, reproduce, or otherwise sell Doba Memberships, the Software, or any and all technology or data related thereto. Additionally, bulk downloading or “screen scraping” of data from Doba is prohibited without prior written permission from Doba. All violations of the foregoing will result in immediate termination of your Doba account or direct access without notice and, depending on the severity of such violation, Doba reserves the right to press any applicable criminal charges and/or seek civil compensation for damages, expenses, and/or lost revenue.

 

10. Term and Termination

These Terms will remain in full force and effect while you use or are registered to use the Services (whether you maintain an active membership or not) and until terminated by either you or Doba. Termination includes permanent deletion of your registered account and ceasing to access the Doba website or DobaShare application. You and Doba may terminate your account or direct access and these Terms at any time and for any reason or no reason at all, provided that you remain liable for all fees that accumulate in connection with your Membership and the Services.

All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accumulated rights to payment, confidentiality obligations, warranty disclaimers, and/or limitations of liability.

Doba reserves the right to terminate your account, direct access, or this agreement at any time. Doba may provide a 30-day termination notice to the email address you registered with Doba if applicable. Doba reserves the right to suspend or terminate your account, direct access, or this agreement immediately if we determine that (a) you or your affiliate have materially breached the agreement and have failed to cure to Doba within 7 business days of a cure notice, unless your breach exposes us to liability toward a third-party, in which case we are entitled to reduce and/or waive, the aforementioned cure period at our reasonable discretion; (b) your account is, has been, or our controls identify that it may have been used for deceptive and/or fraudulent and/or illegal activity; (c) your use of the Services is harming, has harmed, or our controls identify that it may have or will harm other influencers, customers, or Doba’s interests.

 

11. Warranty and Disclaimer

Doba shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, either by Doba, third-party providers, or because of any and all other causes beyond Doba’s reasonable control. Doba shall use commercially reasonable efforts to provide notice in advance to the user in writing or electronically sent to the email registered by the user with Doba of any scheduled service disruption. HOWEVER, DOBA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION THEREOF ARE PROVIDED “AS IS” AND DOBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

12. Indemnity

You agree to indemnify and hold Doba, its directors, managers, officers, employees, equity holders, or any and all other representatives, harmless from any and all third-party claims arising out of your use of the Services and/or any other party accessing the Services through your account and/or your affiliate account. Including but not limited to, any liability and/or expenses arising from any and all claims, direct and/or indirect damages, lost profits, suits, judgments, litigation costs, or any and all attorneys’ fees.

 

13. DISCLAIMERS

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DOBA SOFTWARE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND AND/OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF APPLICABLE) IMPLIED WARRANTIES, DUTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND/OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND/OR OF LACK OF NEGLIGENCE, ANY AND ALL REGARD TO DOBA SOFTWARE AND SERVICE.

DOBA SOFTWARE DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN ANY AND ALL PRIVATE INFORMATION. DOBA WILL ALSO DO ITS UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF DOBA SOFTWARE AND SERVICE, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, DOBA SOFTWARE AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, DOBA MAKES NO WARRANTIES OR REPRESENTATIONS THAT DOBA SOFTWARE IS COMPATIBLE WITH ANY AND ALL SOFTWARE/HARDWARE SYSTEMS, AND/OR IS ERROR-FREE, CAN OPERATE WITHOUT ANY INTERRUPTION AND/OR THAT ANY ERRORS IN DOBA SOFTWARE OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT OUR CUSTOMER SUPPORT TEAM. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN DELETE THE DOBA SOFTWARE. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAWS, DOBA IS EXEMPT FROM ANY AND ALL OF YOUR LOSSES CAUSED HEREIN.

 

14. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, DOBA AND ITS DIRECTORS, MANAGERS, OFFICERS, EQUITY HOLDERS AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE AND/OR LIABLE WITH RESPECT TO ANY AND ALL SUBJECT MATTERS OF THESE TERMS OR OTHER TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY AND/OR OTHER THEORY INCLUDING BUT NOT LIMITED TO: (A) ERROR OR INTERRUPTION OF USE, LOSS AND/OR INACCURACY AND/OR CORRUPTION OF DATA AND/OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES AND/OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES; (C) ANY MATTER BEYOND DOBA’S REASONABLE CONTROL; OR (D) FOR ANY AND ALL AMOUNTS THAT TOGETHER WITH APPLICBLE AMOUNTS ASSOCIATED WITH ANY AND ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO DOBA FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE OCCURRENCE THAT ALLEGEDLY GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT DOBA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY AND ALL APPLICABLE DAMAGES.

Communications to users from Doba may be done electronically. You hereby consent to receive communications from Doba in electronic form and agree that any and all terms and conditions, agreements, notices, disclosures, and/or other communications that Doba provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, excluding any non-waivable rights.

The Services may include certain communication to the user from Doba, such as service announcements, administrative messages, and/or newsletters. You may be prompted to opt into some and/or all communication types upon registering for an account, a Membership, or your direct access to the Services. After you have opted into Doba’s communication types, you may opt out of receiving any/and all communications at any time. However, Doba’s service announcements and/or administrative messages are not eligible to be opted out of and are required to be sent to any active registered account with Doba. If you wish to discontinue these announcements and/or messages, your Doba account is required to be permanently deleted by either you or Doba.

 

15. Miscellaneous Provisions

Your Relationship with Doba

You, either as an influencer and/or a direct purchaser of products through the Services, are an independent contractor of Doba and are not considered an employee of Doba for any reason whatsoever. You are prohibited from making any unauthorized representations, warranties, or claims on behalf of Doba, a product manufacturer, or that are otherwise illegal in your applicable jurisdiction. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any or all authority of any and all kind to bind Doba in any respect for any reason whatsoever.

Additionally, you understand and agree that you are absolutely your own independent person and/or an entirely separate entity from Doba. You are responsible for paying all accumulated taxes to national and/or local authorities of the Philippines in accordance with any and all applicable laws to yourself and/or your online business. This includes, but is not limited to, national taxes, provincial taxes, and local taxes at the city or municipality level.

Confidentiality

You understand that all information provided by Doba must be used only in accordance with its specified purpose. Furthermore, you agree to not provide any confidential or proprietary information received from Doba to any business entity that may compete with Doba for any reason whatsoever. Any and all violations of confidentiality will result in the immediate termination of your Membership or your direct access permanently, and you will be liable for any and all damages arising therefrom. Doba reserves the right to enforce this confidentiality provision by injunction, specific performance, and/or other equitable relief, without bond, without prejudice to any other and all rights and/or remedies that Doba may have for a breach hereof.

Service Testing

From time to time, Doba tests various aspects of the Services and new features and reserves the right to include you in these tests without notice.

Governing Law; Venue

If you are a user based in the Philippines:

Use of the Platform and/or the Services and these Terms shall be governed by and construed in accordance with Philippine law. If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

If you are a user based in China:

Use of the Platform and/or the Services and these Terms shall be governed by and construed in accordance with the laws of the People's Republic of China.

Any dispute arising from or in connection with these Terms shall be submitted to the China International Economic and Trade Arbitration Commission Jiangsu Arbitration Center for arbitration which shall be conducted in accordance with CIETAC’s Arbitration Rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

If the jurisdiction clause in the written paper agreement you signed with Doba (with the seal of DOBA PHILIPPINES INCORPORATED affixed in the agreement) conflicts with these Terms, the written paper agreement you signed with Doba shall prevail.

General Provisions

Headings. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

Severability. If any provision of these Terms is found to be unenforceable and/or invalid, that provision will be limited and/or eliminated to the minimum extent necessary so that these Terms will otherwise remain in enforceable full force and effect.

Entire Agreement. These Terms are the complete and/all exclusive statement of the mutual understanding of the parties and supersede and/or cancel all previous written and/or oral agreements, communications, and/or other understandings relating to the subject matter of these Terms.

Assignment. These Terms are not assignable, transferable, or sublicensable by you except with Doba’s prior written consent. Doba may transfer and assign any of its rights and obligations under these Terms without consent.

No Waiver. Our failure to insist upon or to enforce any/and all provisions of these Terms shall not be construed as a waiver of any provision or right for any reason whatsoever.

Security. Doba does not guarantee that our Services will be secure or free from bugs or viruses. You yourself are responsible for configuring your information technology, computer programs, and/or platform to access our Services. It is recommended that you use your own virus protection software.

Agency. No agency, partnership, joint venture, and/or employment relationship is created due to these Terms and neither party has any authority of any kind to bind the other in any respect for any reason whatsoever.

Notices. Unless otherwise explicitly stated in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent through certified or registered mail; delivery confirmation will be requested when the stated delivery is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

While Doba (doba.com.ph), the DobaShare application, and any or all of their dependent pages contain far too much information to be quoted in their entirety in these Terms, you are solely responsible for reading and understanding all applicable information contained on any webpage or the page within the application. Doba is not for any reason responsible for any/all inconvenience, loss of profit, and/or other complications that you, your business, and/or customers may experience as a result of your failure to read and understand any and all information on Doba’s website and DobaShare application.

Please be aware that return shipments sent to Doba's office address will be refused and may be disposed of, rendering them ineligible for a refund. To ensure proper processing of returns, it is essential to adhere to the DobaShare Return & Refund Policy, accessible on the order management page of DobaShare application and Doba's website.

Should you have any inquiries or concerns regarding Doba's services, features, website, application, or these Terms, our customer support team is available to assist you. You can reach us via email, phone, or chat. For postal correspondence, please address your mail to our headquarters.

Doba (Philippines) Incorporated

Attn: Customer Support

Unit 303, 3/F R.D Abano Bldg., Lot 4, Block 10, Cuasay St., Central Signal Village, 1633 Taguig City, Fourth District, Metro Manila, the Philippines