Converge Appointment System Terms and Conditions

(version 1.0 updated on _March 25, 2021. ___)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEB APPLICATION.

BY USING THIS APPLICATION OR THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS AND SUCH AGREEMENT CREATES A BINDING CONTRACT BETWEEN YOU AND CONVERGE INFORMATION AND COMMUNICATIONS AND TECHNOLOGY SOLUTIONS, INC.

IT IS UNDERSTOOD THAT UPON SUBMISSION OF THE REGISTRATION FORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS APPLICATION. CNVRG MAY AT ANY TIME MODIFY THESE TERMS AND CONDITIONS, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY AND YOUR CONTINUED ACCESS OR USE OF THE WEB APPLICATION SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE TERMS AND CONDITIONS, AS MAY BE MODIFIED BY CNVRG FROM TIME TO TIME.

FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE TERMS “SUBSCRIBER”, “YOU”, OR “YOUR” SHALL REFER TO YOU AS THE PERSON WHO AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. THE TERMS “CNVRG”, “WE”, OR “US” SHALL REFER TO CONVERGE INFORMATION AND COMMUNICATIONS TECHNOLOGY SOLUTIONS, INC.

  1. USER REGISTRATION
    1. The Subscriber is required to register with the Web Application and agrees to keep the password confidential and shall be responsible for all use of the account and password
    2. The Subscriber agrees to comply with CNVRG’s password management guidelines as indicated below: (i) The password should have more than or equal to eight (8) characters and shall contain a mix of uppercase, lowercase, numeric and special characters. The system will not accept passwords that do not contain the recommended characters and are shorter than the required password length. (ii) The Subscriber shall be prevented from accessing the system after three (3) consecutive failed log-on attempts.
    3. By registration, the Subscriber represents and warrants that: (i) all registration information that the Subscriber submits are or will be true, accurate, current, and complete; and (ii) the Subscriber will maintain the accuracy of such information and promptly update such registration information as necessary. If the Subscriber provides any information that is untrue, inaccurate, not current, or incomplete, CNVRG has the right to suspend or terminate the Subscriber account and refuse any and all current or future use of the Application (or any portion thereof).
    4. The Subscriber agrees to use own resources, such as but not limited to end-user devices and internet connectivity for the initial registration.
  2. USE OF APPOINTMENT SYSTEM

    3. You understand that, except for information, products, or services clearly identified as being provided in the web application by CNVRG, CNVRG does not in any way operate, control, or endorse any information, products, or services on the Internet.

    You understand that upon setting up an appointment with us, there is still a probability that your chosen schedule maybe cancelled or declined at any time. You will be receiving an email notification once the chosen schedule have been cancelled or declined.

    You understand that Converge ICT Solutions, Inc. cannot and does not guarantee or warrant that files available for downloading through this Application will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Application for the reconstruction of any lost data. You therefore assume total responsibility and risk for your use of the Application and the Internet.

    You understand that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You further understand that CNVRG has no control over and accepts no responsibility whatsoever for such materials. You may access such materials at your own risk.

    CNVRG does not make any express or implied warranties, representations, or endorsements whatsoever regarding the Application, any merchandise, information, or service provided through the Application or on the Internet generally, and as such, CNVRG shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information provided through the Application or on the Internet generally.

    CNVRG does not warrant that the Application will be uninterrupted or error-free or that defects in the Application will be corrected. The Application and any software made available on the Application are provided on an "as is, as available" basis.

    In no event shall CNVRG be liable for:

    1. any and all damages including but not limited to, direct, indirect, incidental, or consequential damages arising out of the use of or inability to use this Application or any information, or transactions provided on the Application or downloaded or hyper-linked from or to the Application even if CNVRG or its representatives have been advised of the possibility of such malfunction/breakdown of the application; or
    2. any claim attributable to errors, omissions, or other inaccuracies in the content and/or materials or information downloaded through or hyper-linked from the Application.

    NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS AND CONDITIONS IF ENFORCED BY THE APPLICABLE LAW, CNVRG’S LIABILITY TO THE SUBSCRIBER, IF ANY, SHALL BE LIMITED TO THE SUBMITTED APPOINTMENT PROCESSED BY CNVRG FOR THE SUBSCRIBER.

  3. INDEMNIFICATION

    4. You agree to indemnify, defend, and hold harmless CNVRG its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Application from and against all losses, expenses, damages, and costs, including reasonable attorneys` fees, resulting from any violation of this Terms and Conditions by you.

    Notwithstanding anything stated herein to the contrary, you hold CNVRG free and harmless from suit or action arising from improper use of data, unauthorized intrusion into the site, and unlawful exposure of data.

    NOTHING HEREIN LIMITS OR EXCLUDES THE LIABILITY OF THE SUBSCRIBER TO CNVRG ARISING OUT OF (I) THE SUBSCRIBER’S BREACH OF THESE TERMS AND CONDITIONS; (II) THE SUBSCRIBER’S BREACH OF THE SUBSCRIPTION CONTRACT; AND/OR (III) ANY AMOUNTS DUE TO CNVRG UNDER ANY CONTRACT.

  4. ACCURACY OF DATA

    5. You understand that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any opinion, advice, services, or other information provided. The information on this Application may be changed or updated without notice. CNVRG may also make improvements and/or changes in the products, services, and/or programs described on this Application at any time without notice.

    Information provided on this Application is believed to be reliable when posted. However, CNVRG cannot guarantee that information will be accurate, complete, and current at all times. Every time you access this Application, make sure that you check this page.

    CNVRG has used its discretion, best judgment, and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.), or other items provided or available herein, but any such information, document, or other item is provided or available without any warranty of any kind, either express or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.

  5. CONFIDENTIALITY

    6. The username and password created by the Subscriber are confidential and shall be treated in accordance with these Terms and Conditions. The Subscriber agrees to take all reasonable measures to protect the confidentiality of all Information contained in the Application, any information appropriate or necessary for use in connection with the Application, username, and password using at least the same degree of care that the Subscriber uses to protect own confidential information, however not less than a reasonable degree of care.

    The Subscriber agrees (i) to not disclose the above Confidential Information to any Third Party and (ii) to not use the Confidential Information for any other purpose, without CNVRG’s prior written notice of consent.

    The obligations of confidentiality shall not apply to information which has entered the public domain except where such entry is the result of the Subscriber’s breach of these Terms and Conditions, or is required to be disclosed pursuant to a court order, so long as CNVRG is given adequate notice and the ability to challenge such required disclosure.

    CNVRG reserves the right to suspend or terminate the Subscriber’s account and refuse any and all current or future use of the Application (or any portion thereof), if CNVRG finds that there is a violation of this section, in addition to any rights afforded by law or equity, or under these Terms and Conditions. CNVRG shall not be liable for the exercise of this right under these circumstances.

  6. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES

    7. All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2020, Converge Information and Communications Technology Solutions, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of setting up an appointment with CNVRG. Any other use of materials on this Application, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of CNVRG is strictly prohibited.

  7. INTELLECTUAL PROPERTY RIGHTS

    8. All Marks are proprietary to CNVRG or other respective owners that have granted CNVRG the right and license to use such Marks. All applicable laws in relation to the protection and use of the Marks apply.

    All ownership and intellectual property rights in the Application, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in CNVRG or its third-party suppliers and nothing in these Terms and Conditions shall constitute or be interpreted as a transfer of such rights from CNVRG to the Subscriber.

    The Subscriber acknowledges that the structure and the source code of the Application are valuable trade secrets of CNVRG or its third-party suppliers and shall remain the sole property of CNVRG.

    CNVRG reserves the right to suspend or terminate the Subscriber’s account in this Application, if CNVRG finds that there is a violation of this section, in addition to any rights afforded by law or equity, or under these Terms and Conditions. CNVRG shall not be liable for the exercise of this right under these circumstances.

  8. DISCLAIMER

    9. The information, services, products, and materials contained in this Application, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, CNVRG disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, CNVRG does not represent or warrant that the information accessible via this application is accurate, complete or current.

  9. MEMBER CONDUCT

    10. As a condition of your use of the Application, you warrant to CNVRG that you will not use the Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Application is provided to individuals only and for personal use only. Any unauthorized commercial use of this Application is expressly prohibited.

    You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Application. By way of example, and not as a limitation, you agree not to:

    1. use the Application in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
    2. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    3. publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
    4. advertise or offer to sell or buy any goods or services for any non-personal purpose;
    5. harvest or otherwise collect information about others, including email addresses, without their consent;
    6. create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
    7. use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a member any directory of the members or other user or usage information or any portion thereof other than in the context of your use of the Application as permitted under these Terms and Conditions;
    8. transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
    9. transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
    10. interfere with or disrupt networks connected to the Application or violate the regulations, policies, or procedures of such networks;
    11. attempt to gain unauthorized access to the Application, other accounts, computer systems, or networks connected to the Application, through password mining or any other means;
    12. violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through the Application;
    13. interfere with another member’s use and enjoyment of the Application or another individual’s or entity’s use and enjoyment of similar services.
  10. MEMBER OBLIGATION

    11. You understand that while the Application has various internal security measures designed to protect its users, you hereby obligate yourself to use the following precautions when using the Application, to further minimize the probability of hacking, fraud, or any unauthorized transactions:

    1. You shall not reveal to other people any information that should only be known by you (account number, username, password, etc.) to ensure that access to CNVRG’s database and delivery of requested service shall be provided to the owner of the account enrolled;
    2. You shall log off after using the Application to prevent unauthorized access to your account; and
    3. You shall clear the history and cache of your web browser.
  11. APPLICABLE LAW

    12. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

  12. SEVERABILITY

    13. If any portion of these Terms and Conditions is found invalid or unenforceable under judicial decree or decision of a Court, the remainder of these Terms and Conditions and any Subscription Contract between the Parties shall remain valid and enforceable to the extent allowed according to their terms and the invalid clause shall be replaced by CNVRG with a clause which reflects the object of the original clause as close as possible.

  13. WAIVER

    14. No failure or delay by CNVRG to exercise or enforce any of its rights, powers or remedies under these Terms and Conditions and under any Subscription Contract between the Parties will act as a waiver of such rights, powers or remedies and no waiver of a breach in a particular situation shall be held to be a waiver of any other or subsequent breach and nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.

  14. DISPUTES

    15. All disputes arising from these Terms and Conditions, any Subscription Contract between the Parties, other agreements, and commitments, must be settled in a court of competent jurisdiction in Pasig, Metro Manila, Philippines.

  15. FEEDBACK

    16. The Subscriber agrees to provide any comments and suggestions regarding the performance of the Application on the e-mail address __________.

    CNVRG agrees to monitor this mailbox, but is under no obligation to implement any of the suggestions and/or proposals, or be required to respond to any questions asked in the e-mail/s.

    CNVRG and/or its affiliates will be free to use any information the Subscriber provides, including comments, problem reports, suggestions or enhancement requests, to CNVRG for any purpose, subject to any applicable patents or copyrights.

If you agree to these Terms and Conditions, click the “I agree” button. By clicking said button, you also agree that these Terms and Conditions shall be binding upon your future use of the Application.