Terms of Services
By accessing and using Sprout.ph (“Website”), as well as the online, mobile, software, application, and other services (“Services”) of Sprout Solutions, Inc. (“Company”), you agree, without restriction, to be bound by the terms and conditions contained in this Terms of Service Agreement (“Agreement”). Please read the Agreement carefully. If you do not agree with the Agreement, you should not access, use, or download materials from the Company’s Website and Services.
The Company reserves its right to update or modify this Agreement at any time and without prior notice. Your use of the Website and Services following any change constitutes your agreement to follow and be bound by the Agreement as revised. For this reason, the Company encourages you to review the Agreement each time you access the Website and use the Services.
Use of the Company’s Website and Services
You must strictly follow and comply with the Agreement and other policies that the Company may have given you in relation to your access with the Website and use of the Services.
You may only use the Company’s Website and Services when permitted by law and the Company’s policies.
The Company has the sole discretion to suspend or terminate the Services being provided to you, if you do not comply with the Agreement and the Company’s policies, or if the Company is investigating suspected misconduct in the usage of its Services.
The Website and Services use “cookies” to improve its features and provide its visitors and users with a tailored experience. Cookies are small data files that track, save, and store information when you visit the Website and use the Services. The Website and Services may use “session ID cookies” to enable certain features, to monitor your aggregate usage and web traffic routing, and for the Company to better understand how you interact with Website and Services. The Website and Services may also use “persistent cookies” to save your registration ID and log-in password that eliminate any need for you to remember and enter them more than once during a visit or for future log-in purposes.
If you wish to deny the use and saving of cookies from the Website and Services in your computers, you should take the necessary steps in the security settings of your web browser to block all cookies from the Website and Services or to prompt you before accepting cookies. If you do not accept cookies, however, you may not be able to use all aspects of the Website and Services.
Limitation on Use
All the contents, trademarks, and logos in the Websites and Services are owned either by the Company or its licensor/s. Nothing contained in the Website or Services should be construed as granting, by implication or estoppel, any license or right in and to the content, trademarks, and logos, except where expressly authorized by the owner or permitted by law.
Privacy and Information Protection
Your Sprout Account
Some of the functions of the Website and Services may require the creation of an account with the Company. As part of the registration process, you will select a User Name and Password, and provide Information, which must be accurate and updated. You may not select or use a User Name of another person with the intent of impersonating him or use a User Name of which another person has rights without such person’s authorization.
You agree to take reasonable measures to protect the security of the Password that you use to access the Website and Services and agree not to disclose the same to third parties. You are responsible for any activity in your account, whether or not you authorized the same. You shall immediately notify the Company of any known or suspected unauthorized use of your account, or any known suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.
Failure to comply with the above shall constitute a breach of this Agreement, which may result in the immediate termination of your account.
Content You Provide
The Website and Services provide features that allow you to upload, store, and share your Files with certain individuals within your organization. You are responsible for maintaining and protecting all of your Files. The Company will not be liable for any loss or corruption of your Files, or for any costs or expenses associated with backing-up or restoring any of them. You acknowledge that it is your responsibility to use a secured encrypted connection to communicate with the Website and Services when transmitting your Files to the Company. You shall immediately notify the Company of any unauthorized use of your account, or any known suspected breach of security.
Modification of the Website and Services
The Company is constantly changing and improving its Website and Services. As a result, it may be necessary that the Company add or remove certain functionalities or features in the Website and Services.
The Company acknowledges that you are the owner of the Information and Files that you input and transmit using the Website and Services. Moreover, the Company acknowledges the importance of preserving and accessing those Information and Files. Hence, if the Company discontinues a service, it will, whenever practically possible, send an advance notice and give you a reasonable opportunity to get all your Information and Files out of that service.
Links to Other Sites
This Agreement applies only to this Website and Services. The Website and Services may frame or contain reference or links to other websites. These references and/or links are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these websites or any association with their operators. The Company cannot and does not guarantee or verify the contents of said websites, which may contain information that is inaccurate, incomplete, or outdated. Your access and use of such websites (and the websites to which they are linked to) is solely at your own risk. The Company cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social Media Features
The Website may provide opportunities for you to post questions and information, or provide feedback and comments regarding the Company’s products and services.
Although the Company may, from time to time, monitor or review the information posted in the Website, the Company is under no obligation to do so, and assumes no responsibility or liability arising from the content of the Website in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the same.
You are also prohibited from posting or transmitting any unlawful, libelous, defamatory, threatening, obscene, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. The Company will fully cooperate with any law enforcement authorities or comply with any court order requesting or directing the Company to disclose the identity of anyone posting such material.
The Company does not make warranties of any kind regarding the Website and Services and their contents. There may be delays, omissions, or inaccuracies in the Website and Services and their contents. The Company does not warrant the accuracy, completeness, timeliness, title, or fitness of a particular purpose of the Website and Services and their contents, and the Company hereby disclaims any such express or implied warranties. The Company does not also represent or warrant that the Website and Services are free from viruses, malware, or other codes that have contaminating or destroying properties.
Limitation of Liability
The use of the Website and Services is at your sole risk. Under no circumstance shall the Company or any of its directors, officers, employees, or agents be held liable for any direct or indirect losses or damages arising out of, or in connection with, your use of or inability to use the Website and Services.
Moreover, the Company shall not be responsible for your non-compliance with the labor code, rules and regulations relating to employment, and other pertinent laws, rules and regulations of the Philippines that you are required to comply with.
This Limitation of Liability applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, consequential, exemplary, incidental or otherwise, including, but not limited to, loss of profits, revenues, information, files, documents, or data. This Limitation of Liability applies whether the alleged liability is based on contract, negligence, tort, or any other basis and even if an authorized representative of the Company has been advised of or should have known the possibility of such damages. If any part of this Limitation of Liability is found to be invalid or unenforceable for any reason, the aggregate liability of the Company under such circumstances shall not exceed the amount you paid to the Company to use the Services.
About the Agreement
This Agreement constitutes the entire agreement between you and the Company with respect to your access to and/or use of the Website and Services. Please note, however, that this Agreement is not intended to replace or modify those contained in your written agreement with the Company, if any. In case of an inconsistency, the terms and conditions of your written agreement will prevail over those contained herein.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
The failure by the Company to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.
If you have any questions about this Agreement, please feel free to contact:
Sprout Solutions Inc.
8th Floor, Sun Life Centre 5th Ave. cor. Rizal Dr., Bonifacio Global City, Taguig, Philippines, 1634