TERMS OF SERVICE FOR WEBSITE USERS

Yuda aims to help accelerate the adoption of the solar energy sources in the Philippines by residential and commercial property owners. To achieve this goal, Yuda provides an online marketplace for solar services and products (Platform). The Platform mainly provides a directory of providers, including installers and suppliers (Partners), listing of items or packages, search messaging service, profile pages of Partners, Yuda inquiry service, rating and review functionality (Services). The Platform is supplemented by websites containing tools, FAQs, marketing materials, and learning resources on solar energy.

Since the platform is currently under beta mode for market validation purposes, it uses a simple interface and focuses on collection of feedback from the website’s users, including our Partners and property owners who want to shift to solar (Users).

These terms of service ("Terms") cover the use and access to the Platform by all Users. By using our Platform, either as a guest or a registered  user, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of a company, you are agreeing to these Terms on that company’s behalf.

Please read these Terms as well as our Privacy Policy carefully, ensuring that you understand them fully. If you do not wish to be bound by them, you may exit the Platform. You may also opt not to register and simply navigate the limited features of the Platform available for non-registrants. In this case, you are also bound by these Terms but limit your interaction with the site.

These Terms may be subject to change from time to time without prior notice. The updated version is published immediately upon finalization. You agree to be bound by the revised Terms by accessing or continuing to access the Platform after such revision. If you have any questions about these Terms, you may reach us at [email protected].

You must be of legal age to form a binding contract with Yuda to use the Services. In no event is use of the Services permitted by those under the age of 18. By using the Platform, you agree to abide by the following Terms:

1. Acceptable Use Policy

You agree not to use Platform for any illegal purpose, including facilitating an illegal activity.You likewise agree not to use the Platform in any manner that may harm its functionality and continued existence, or potentially cause injury to others.

In communicating with Users or Partners, you will refrain from using words, conduct, or photographs that are defamatory, obscene, indecent, harmful, deceptive, threatening, abusive, harassing, tortuous, sexually explicit or pornographic, discriminatory, violent, or otherwise hateful.

You allow Yuda to collect, collate, use, and analyze your data on the Platform consistent with the Privacy Policy. You likewise agree that a data-log of your usage, transactions, and messages be created and recorded within the Platform. This record will be electronically stored and viewed by Yuda for legitimate purposes pursuant to our Privacy Policy, applicable laws, and your permissions.

Rest assured, Yuda fully respects the privacy of our Users, including our Partners. All the information shared with Yuda shall be protected pursuant to law.

Yuda offers tools such as a solar calculator, to assist the Users in their decision-making as regards shifting to solar. This tool is available to all Users, even those who have not yet signed up in the marketplace. The solar calculator, however, is only meant to provide an estimate based on the values you input into the calculation. External factors (such as roof dimensions, sun hours, weather, and local regulations) may also affect the determination of your solar system size and savings. For these reasons, Yuda cannot guarantee the accuracy of the results of the solar calculator to fit your particular needs. The Partners, however, may be in a better position to assist you upon site inspection, whether virtual or actual.

Yuda also offers learning materials, in text or video form, to enable the Users to better appreciate the technology and its benefits. These materials may either be created by Yuda or outsourced from other persons. In the latter case, Yuda will give proper attribution to the creators.

Yuda takes measures to post only learning materials that are reliable. As the User, you agree that the accuracy of the information in those resources is beyond Yuda’s control, and therefore, Yuda cannot be held liable for any misrepresentation. 

By inputting your email for newsletter subscription in the Yuda website, you agree that Yuda can send you occasional emails containing updates about the Platform or marketing materials. Yuda may also send survey forms to gather your comments on how the Services can be imposed. Should you opt not to receive these  emails, please send us an email to unsubscribe. 

As mentioned, Yuda is currently launched in beta mode and largely free for the Users to access and use. Pursuant to this free access, kindly give us your feedback on how to improve the Services, or even the layout of the Platform. Please inform us at Yuda if you encounter any issues within the Platform that hinder you from attaining your own goals as regards shifting to solar energy. Kindly inform us as well if there are features that you want to be retained to further assist you in this goal.

Upon signing up within the Platform, Yuda may contact you via email, SMS, or mail to confirm your registration. Failure to verify your account will entitle Yuda to terminate the registration and delete your information from the Platform.

For Partners, additional documentation may be requested from you to validate your account, such as photographs, personal identification cards, government-issued business documents, among others. The collation of these data will enable Yuda to assist the Users in knowing whom to run after in case of breach of agreement, as well as whom to commend and recommend to others in case of excellent service.

As a User, you agree not to lend or allow another person to use your account in the Platform. Any actions done using your account will be your main responsibility. Hence, you will become liable should a third person violate these Terms using your account, with or without your consent.

In using the messaging service within the Platform, you agree that access to the messages will be viewable by both Yuda and the User to whom you sent them. Yuda shall access these messages to ensure that the Platform is used only for legitimate purposes, that no violation of these Terms are committed, and to gather feedback to continuously develop the Services and functionalities of the Platform. Rest assured, however, that Yuda will not share these messages with third parties consistent with our Privacy Policy.

Users are encouraged to send messages to Partners within the Platform to enable Yuda to assist the parties in their transactions.  If  you opt to communicate with the Partners using another messaging service, you understand that doing so would limit the assistance that Yuda can give you.

Moreover, any links posted within the Platform that will lead the User to third party sites is beyond Yuda's control. Hence, you must exercise due care in clicking these links and providing your data in those third party sites.

As an online marketplace administrator, Yuda aims to inform the Users of the legitimacy of the business of the Partners. For this purpose, Yuda grants a Partner a “verified” status if it has submitted the government regulatory documents, such as company registration and business permits. Given this limited verification process, Users must still take caution in dealing with the Partners. For this purpose, be careful in sharing your personal information, including your sensitive data with the Partners.

By registering as a Partner in the Platform, Partners accept the responsibility to keep secure the privacy of data collected from the users within the Platform. Partners shall contribute in upholding the reliability of the Platform not only as a resource for all matters related to solar energy but also its reliability as regards the data privacy of Users.

As the administrator of the online marketplace, Yuda provides a listing service and search functionality for the Partners’ products and services. By offering its Services, Yuda only aims to connect Users and Partners in order to hasten the transition to solar energy. The actual transactions made between a User and a Partner are exclusively between them such that Yuda shall not be considered a party to their contract. While Yuda may assist the parties in consummating their transactions to uphold the reliability of the Platform, such assistance shall not be construed as creating any liability or obligations on the part of Yuda. Any liability for breach will only be between the parties involved in the transaction of sale or service.

By greeting to the Terms of Use upon using the Platform, you, agree that you shall indemnify and hold Yuda free and harmless from and against any liability whatsoever arising from any losses, costs, damages, costs or claims arising out of or in connection with: (a) your use of the Service and the Platform in your dealings with the Partners or or other Users; or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, or (c) your violation of any rights of any third party, including Partners or other Users, in any transaction or arrangement made using the Service or coursed through the Platform; or (d) your use or misuse of the Service and the Platform; (e) where applicable, your ownership, use, or operation of any items, Vehicle, including your provision of Solutions to Users via the Service where applicable; or (f) the provision by Partners or third parties, of false, inaccurate, deceptive, fraudulent, or otherwise illegal information, such as but not limited to (i) product, price or promotional information, (ii) service information, or (iii) other information required to be disclosed by applicable law and/or administrative rules and regulations. 

As a User, you understand that the Partners themselves directly input in their profile pages the information pertaining to their business, as well as their products and services offered through the Platform. The ratings and reviews within the Platform are sourced from the Users. Hence, Yuda cannot guarantee the correctness of such information. As such, Users are encouraged to find avenues outside the Platform to verify the correctness of such information.

Given the foregoing, Yuda does not warrant or guarantee:

• That the information posted by our Partners as regards their profiles, products, and services are true and correct; 

• That the Partners’ products and services will meet your requirements;

• That the Partners’ products and services, information, and other materials are of good quality;

• That the Partners will deliver and perform their obligations to you;

• That the ratings and reviews posted within the Platform are accurate;

• That the Platform’s functionalities will always be seamless;

• That any information stored by the User in the Platform will always remain there.

As a User, you are responsible for your actions in the Platform and they should personally assess the reliability of other Users, including Partners, before dealing with them. Yuda can under no circumstances be liable for damage that is caused to you by the other Users. 

As the User, you retain the right to all text, pictures, and other content that you create in the Platform. By putting these content in the Platform, you allow other Users to use them for limited purposes consistent with the Services provided in the Platform and you also allow Yuda to store these data and make necessary changes to improve services or for study. In these instances, however, your rights over the content are not transferred to the Users or to Yuda, unless specifically agreed otherwise. Hence, the responsibility and liability over the content lies with you as the User. 

You are advised to keep a backup of all the content you put in the Platform. When necessary to protect the reputation of the Platform or improve its Services or for any legitimate purpose, Yuda has the right to remove any content you added into the Platform. Yuda shall not be liable to you for any damages in case of loss of these content.

In case of violation of these Terms, Yuda may suspend a User’s access to the Platform or terminate the User’s account. Yuda has the right to remove any User from the Platform and terminate the User’s right to use any of the Services without any specific reason and without being liable for compensation. If you wish to appeal or dispute the suspension or termination of your account, you may send an email to Yuda.

Suspension of account entails the temporary denial of access or use of the Services within the Platform, which will be done for any of the following reasons: (a) pursuant to a lawful order by a government authority; (b) if Yuda reasonably believes in good that these Terms have been violated; and (c) if the suspension is necessary to prevent harm to the Users or the public in general. Termination of the account refers to the permanent denial of access or use of the Services within the Platform which may be done pursuant to a lawful order by a government authority or in case of more than two (2) violations of these Terms, regardless of changes or versions. You agree, however, that Yuda may retain your data to such extent required by law for evidentiary purposes.

The suspension of access or termination of account is without prejudice to the filing of appropriate legal action against the User for any violation of laws or these Terms.

You agree to respect the intellectual property of Yuda over all proprietary rights within the Platform. You shall not use, copy, reproduce, or publish in whole or any part of its parts without prior written consent from Yuda. Even with such consent, you agree to give proper attribution to Yuda.

Yuda's marketplace is currently built on the Sharetribe platform, and thus, the general terms of Sharetribe also apply to the use of Yuda. Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe service may only be used in accordance with the terms of use as provided in its website. In case of conflict between Sharetribe and Yuda's terms of use, the Yuda's Terms shall prevail.

The exclusive jurisdiction over this Platform is in the Philippines, unless otherwise specifically provided.

If any provision of these Terms is found to be invalid, the invalidity shall be limited to such provision and shall not affect the validity of all the others. Hence, these Terms shall remain in full force and effect.