Terms of usage

Upon your signing up for or using the Frenclub service ("Service"), you are deemed to have agreed to be bound by all of the following terms and conditions. Please read the following terms and conditions carefully, as they form the agreement between you (“User”) of the Service and Frenclub Mobile Phils Inc. (formerly known as “IGM Mobile Phils Inc.) (“Company”). If you do not agree to these terms and conditions, you must not use the Service.

A. Adult

To be eligible to use the Service, “User” must be 18 and above . Minors (under 18 years old) must get parental permission prior to using the Service.

B. User Agreement

These terms and conditions constitutes the agreement between the User and the Company. The mobile service provider merely provides the user access to the Service.

C. Changes

The Company reserves the right to add to or revise these terms and conditions herein including but not limited to the suspension or the discontinuation of any or all channels or service at any time without notice, make modifications and alterations in any or all of the content, products and services without prior notice. Such changes may be posted on www.frenclub.com for convenience. The User will be deemed to have accepted and agreed to adhere to such revisions if the User continues to access and use the Service subsequent to such revisions.

D. Intellectual Property Rights And Publicity

The User’s right to use the Service is subject to any limitations, conditions and restrictions established by the Company from time to time, at its sole discretion. The Company may also impose limits on certain features and aspects of the Service or restrict access to parts or all of the Service without prior notice and without incurring any liability. All photographs, personal information and nicknames submitted to the Company are the property of Frenclub Mobile Sdn Bhd. The Company reserves the right, at its sole and absolute discretion, and the User agrees that the Company may use the nicknames, photographs, and any of the personal information submitted to the Company without first obtaining any consent nor making any payment whatsoever to the User(s) and/or representatives for publicity, advertising, trade or promotion purposes in any media.

E. Code of Conduct

The Service shall be used in accordance with the following Code of Conduct:

1. The User will keep all information provided through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it;

2. The User will not use the Service to engage in any form of illegal activities or harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements or racist, pornographic, obscene or offensive language or images;

3. The User will not use the Service to infringe the privacy rights, property rights or any other rights of any person;

4. The User will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law;

5. The User will not use the Service to promote any solicitation for funds, advertising or solicitation for goods or services; and

6. The User will not post or transmit in any manner any contact information including but not limited to, telephone numbers, postal addresses, e-mail addresses, web sites or full names through publicly posted information.

F. Fees and Payments

Fees and payments payable by the User to any mobile service provider are subject to the terms and conditions agreed upon between the mobile service provider and the User.

The User agrees to pay all fees and charges incurred in connection with use of the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. The Company may revise the fees and charges for using the Service or add new fees or charges by posting new fees and changes on the website from time to time. The User is responsible for any fees or charges incurred to access the Service including but not limited to telephone charges, long distance charges or mobile phone charges.

G. Monitoring of Information

The Company reserves the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines that may be applicable from time to time.

The Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

a) Abide by law enforcement process;
b) Enforce the User Agreement;
c) Retort to claims that any Content violates the rights of third-parties; or
d) Protect the rights, property, or personal safety of the Company, its users and the public.

H. Removal of Information

While the Company may not and cannot review every message sent by the User using the Service, and the Company is not responsible for any content of those messages, the Company reserves the right, but is not obligated, to delete or move content including without limitation profiles, public postings and messages, that the Company in its sole discretion deem violates the Code of Conduct set out above or any applicable content guidelines or deem to be otherwise unacceptable. The User shall remain solely responsible for the content of profiles, public postings and messages posted by the User.

I. Termination of Access to Service

The Company may at its sole discretion terminate or suspend the User’s access to all or part of the Service at any time, with or without notice for any reason, including, without limitation, breach of these terms and conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of the User’s access to all or part of the Service at the Company’s sole discretion and the User may be referred by the Company to appropriate the law enforcement agencies.

J. Proprietary Information

The Service contains information that is proprietary to the Company, its partners and other users of the Service. The Company asserts full copyright protection for the Service. Information posted by the Company, its partners or other users of the Service may be protected whether or not it is identified as proprietary to the Company or to them. The User agrees not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

K. No Responsibility

The User acknowledges that the Company is not responsible for any damages incurred howsoever resulting from the suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against the Company shall be limited to the amount the User has paid, if any, for use of the Service during the previous 12 months prior to the date the alleged damage was suffered. The Company may discontinue or revise the Service or its availability to the User at any time without incurring any liability.

L. Security

The User’s account for the Service is private and should not be used by anyone else. The User is responsible for all activity in the account.

M. Indemnity

The User agree to indemnify the Company, its officers, directors, employees and agents from any loss or damages, including without limitation reasonable legal fees, which the Company may suffer as a result of the User’s activities on or use of the Service, including without limitation any breach by the User of this Agreement or any charges or complaints made by other parties against the User. The User shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnity by the User provided that the User shall remain liable for any such claim.

N. No Warranties

The Service is provided on an "as is where is" basis. The Company does not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. The User acknowledges that the Service is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The User acknowledges that the use of the Service is at his own risk. The Company does not represent or endorse the accuracy or reliability of any profile, advice, opinion, statement or other information recorded or distributed through the Service by our partners or any user of the Service or any other person or entity. The User acknowledges that any reliance upon any such opinion, member profile, advice, statement or information shall be at the User’s sole risk.

O. Disclosure and Other Communication

The Company reserves the right to send the User messages through the Service for the purpose of informing the User of any issues, revisions or additions to the Service or related products and services.

P. Law

These terms and conditions are subject to interpretation in accordance with the laws of Philippines. Any disputes relating to the usage of the Service shall be subject to the jurisdiction of the Philippines courts of law. If any term and condition herein is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Q. Assignment

The User does not have the right to assign the rights to use the Service to any party. The Company has the right to assign any or all of its rights hereunder or to the Service to any third party it deems fit.

R. Disclaimer

The mobile service provider shall not be held liable for losses and damages resulting from the service, its use and anything thereto.

S. Privacy Statement

The Company strictly respects the privacy of its users and will not sell, provide, or transfer the User's information to third parties as an individual with such information as name, age, or gender.