These terms and conditions (the "Terms and Conditions") govern the use of http://360x.mmv.ph/ (the "Site"). This Site is owned and operated by RMN Networks Marketing and Media Ventures, Inc... (“MMV”) This Site is a Do It Yourself (“D.I.Y..”) multiple touchpoint media planning tool showcasing the NETWORK PLANS & PRODUCTS MMV’s Plans and Products that you Users may customize according to your their targeting and media planning KPI’S. Key Performance Indicators (“KPI”)
By using this Site, you indicate that you have read and understood these Terms and Conditions, and voluntarily agree to be covered by them and abide by them at all times.
which shall also be the case in relation to any and all guidelines, notices, rules or policies that may be issued by MMV from time pertaining to the use of this Site, and any and all amendments thereto, including but not limited to MMV’s Privacy Policy.
These Terms and Conditions contain a dispute resolution clause that impacts your rights about how to resolve disputes. Please read it carefully.
DEFINITION OF TERMS
The following words and expressions, unless the context otherwise requires, shall have the following meanings:
1. “Affiliate” shall mean a legal entity, which directly or indirectly controls, is controlled by, or is under common control of MMV.
2. “Business day” shall refer to days in which normal business operations are conducted. This excludes Saturdays, Sundays and Philippine holidays.
3. “Dashboard” or “Site” shall refer to the website itself or the interface containing the D.I.Y. multiple touchpoint media planning tool showcasing MMV’s Plans and Products, which Plans and Products are owned by MMV or for which MMV has authority to sell/provide/deliver.
4. “Force Majeure” means any event beyond the reasonable control of MMV which renders the performance of MMV’s obligations illegal or impracticable, including but not limited to acts of God, pandemic, labor dispute, strikes, riots, embargo, or other concerted acts of workers, war or acts of any governmental body or public enemy, civil commotion, fire, explosion, sabotage or any other causes or calamities which continue for a period of at least ninety (90) calendar days.
5. “Intellectual Property All content” shall mean any and all contents published and made available on the Dashboard is which shall be considered as the property of RMN Networks Marketing and Media Ventures Inc. and the Dashboard's creators MMV and/or its affiliates. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our the Site...
6. “User” refers to the party utilizing the Site.
ACCEPTABLE USE
The User agrees to use the Site legally, and not to use the Site for any illegal purposes, and not to. The User also hereby agrees not to undertake in any manner, whether directly or indirectly, any of the following actions:
In the event that MMV believes that a User is using the Dashboard illegally or in a manner that violates these Terms and Conditions, MMV reserves the exclusive and unilateral right to immediately limit, suspend or terminate the access to the Site, without need of further notice and without incurring any liability for such suspension or termination. MMV also hereby reserves the right to take any legal steps necessary to prevent any User from accessing our the Site.
ACCOUNTS
Upon creating an account on the Site, the User hereby agrees to the following:
1. That the User is solely responsible for his or her account and the security and privacy of his or her account, including passwords and/or sensitive and/or personal information attached to that account; and
2. That all personal information provided by the User through his or her account is up to date, accurate, and truthful. In case of any changes, the User undertakes to update his or her personal information as reflected in his or her account.
In the event that the User shall use the Site illegally or violate any of the provisions of these Terms and Conditions, MMV reserves the right to unilaterally and immediately suspend or terminate the account of said User without further notice and without incurring any liability for such suspension or termination.
GOODS AND SERVICES OFFERED IN THE DASHBOARD
The following shall be available on the Site:
● On-Air: Radio values;
● On-Ground: Events and activations;
● Online – Digital services not limited to web and social.;
● On-Point: Media research products; and
● Any other goods or services that MMV may offer subsequently.
These Terms and Conditions apply to all the goods and services that are displayed on the Site anytime the User accesses any of them. All information, descriptions, or images provide about the goods and services are without prejudice
any information, descriptions, or images regarding each item, which may be further clarified by the representative of MMV during further negotiations or communication with any User.
The Dashboard serves merely as an ordering platform, which starts the order process of the goods and services the User desires to avail. Upon the User’s check-out of the selected goods and services, a representative of MMV shall contact the User to begin further negotiation on the terms of the purchase.
The goods and services shall be considered sold upon the execution and signing of the final official written agreement between MMV and the User. The goods and services shall then be delivered based on the agreement of the parties as provided in the final official written agreement. The sale of the said goods and services shall be deemed consummated upon the delivery of the goods and services and the satisfactory payment thereof.
MMV reserves the right to modify any and all plans, products and/or services, and/or reject or cancel a User’s order whenever necessary.
PRICE AND PAYMENTS
Upon access to the Site, the User may customize and select any goods or services being offered in the Site. The Dashboard shall also contain the estimated or approximate price of the goods and services which shall not be deemed as final and binding to MMV and shall be subject to further negotiation. Consequently, any corresponding taxes in relation to any transaction will be based on the provisions of the final official written agreement between MMV and the User.
The final official written agreement shall contain all the provisions in relation to payment terms and methods, among other things.
In case of any violation of these Terms and conditions or any laws relating to the payment made by any User, MMV reserves the right to unilaterally and immediately cancel or reverse any transaction without any further notice and without incurring any liability in relation to such cancellation or reversal.
The User Agrees to MMV’s Privacy Policy, a copy of which is hereto attached as Annex “A.”
ASSIGNMENT
Without prejudice to the provisions of the final official written agreement between MMV and the User, MMV may assign the performance of its obligations including but not limited to the operation and maintenance of this Site, the delivery and or performance of the Goods and Services, to any other entity including third party service providers without need of any notice to the User.
On the other hand, the User shall not assign or allow the use of any of the Goods and Services to any other party, except by written authority of MMV or as may be contained in the provisions of the final official written agreement.
LIMITATION OF LIABILITY
MMV, including the Affiliates, and MMV’s and the Affiliates’ directors, officers, stockholders, agents, employees, subsidiaries, associates, affiliates and related parties (the “MMV Group”) shall not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
FORCE MAJEURE
MMV may suspend or terminate any provision of the Goods and Services mentioned in these Terms and Conditions, without incurring any penalty or liability, upon the occurrence of an event of Force Majeure and/or other similar and analogous causes. the MMV Group shall not be held liable for any direct, indirect, incidental, or consequential loss or damage suffered by the User by reason of force majeure.
MMV may also suspend or terminate any provisions of the final agreement that will be executed between MMV and the User in relation to the sale of the Goods and Services, without incurring any penalty or liability, upon the occurrence of an event of Force Majeure and/or other similar and analogous causes. The MMV Group shall not be held liable for any direct, indirect, incidental, or consequential loss or damage suffered by the User by reason of force majeure.
INDEMNITY
Except where prohibited by law, by using this Site the User agrees to indemnify and hold harmless the MMV Group from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of the User’s use of the Site or your violation of these Terms and Conditions.
DISPUTE RESOLUTION
Subject to any exceptions specified in these Terms and Conditions, and without prejudice to any provisions as to dispute resolution that may be contained in the final agreement concluded between MMV and the User, the User agrees that in all matters relating to the use of this Site, whether before, during, or after the conclusion of the final agreement, and in all matters concerning the use of the Site, any questions or dispute or difference arising between MMV and the User, every such question, dispute or difference shall be settled mutually in good faith. Thus, in the event of any issue or dispute arising out of or in connection with this Site, MMV and the User shall first, in all cases, endeavor to settle the issue or dispute amicably. However, nothing herein shall prevent MMV or the User from submitting any issue or dispute to mediation or arbitration, preventive or otherwise. In case the parties submit any issue to arbitration, the User agrees that the issue shall be resolved solely in accordance with the Arbitration Rules issued by the Philippine Dispute Resolution Center, Inc., consistent with (Philippine) Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004, and with (Philippine) Republic Act No. 876, otherwise known as the Arbitration Law, as may be applicable. In case of failure to reach an amicable settlement between the parties, as herein provided, either of the parties may resort to appropriate judicial action(s) which shall be brought before the proper courts of the Philippines to the exclusion of all other venues.
Any cost or expense incurred by both parties in relation to the submission of the dispute to the mediator and arbitrator shall be assumed by the party at fault.
Notwithstanding any other provision in these Terms and Conditions, both parties agree to reserve the right to bring an action before an appropriate court and to bring an action for injunctive relief whenever applicable under the circumstances.
SEVERABILITY
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
CHANGES
These Terms and Conditions may be amended from time to time by MMV in order to maintain compliance with the law and to reflect any changes to the way MMV operates the Site and the way MMV expects users to behave on the Site. MMV, to the extent possible and reasonable, shall notify Users by email of any changes to these Terms and Conditions or post a notice of the changes on the Site.
CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
info.marketing@mmv.ph
Tel: 8772-5694 (Loc. 000)
4th Floor, State Condominium 1 Building, Salcedo Street
Legaspi Village, Makati City
You can also contact us through the feedback form available on our Site.
Effective Date: 31st day of January, 2023
Annex “A” - Privacy Policy
By creating an account, the User shall consent to all provisions in the Privacy Policy (“Policy”). MMV hereby gives highest importance to the data privacy of all Users. Accordingly, MMV has developed this Policy in order for the User(s) to understand how it shall collect, use, communicate and disclose and make use of personal information.
I. DEFINITION OF TERMS
The following words and expressions, unless the context otherwise requires, shall have the following meanings:
A. “Consent of the User” refers to any freely given, specific, informed indication of will, whereby the User agrees to the collection and processing of Personal Information about and/or relating to him or her.
B. “Commission” refers to the Philippine National Privacy Commission.
C. “Cookie” shall refer to a small file placed on the User’s computer’s hard drive. It enables the website to identify the User’s computer as the User views different pages on the website.
D. “Dashboard” or “Site” shall refer to the website itself or the interface on the Site, containing the Do It Yourself (“D.I.Y.”) multiple touchpoint media planning tool showcasing MMV’s Plans and Products, which Plans and Products are owned by MMV or for which MMV has authority to sell/provide/deliver.
E. “Goods and Services” shall refer to the Plans and Products/Services offered by MMV and available for order on the Site, or availed of through any other means.
F. “MMV” shall refer to RMN Networks Marketing and Media Ventures, Inc.
G. Personal Data/Information - any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. This shall include any information or data required and collected by MMV through the use of the Site or Dashboard.
In addition, this shall include any sensitive personal information which includes personal information revealing or concerning (directly or indirectly) a person’s age, marital status, racial or ethnic origin, political opinions, religious or philosophical beliefs, criminal record and any other information defined as sensitive personal information under the Philippine Data Privacy Act and other related laws.
H. “Processing” refers to any operation or set of operations which is performed upon personal information, whether or not by automatic means, such as: collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
I. “Policy” refers to the Privacy Policy of the MMV.
J. “User” refers to the party utilizing the Site/Dashboard..
II. PERSONAL DATA/INFORMATION COLLECTED
A. COLLECTION METHOD AND USE
The personal data/information that MMV collects, includes but is not limited to:
1. Name;
2. E-mail address;
3. Contact Number;
4. Name of Organization User is affiliated with; and
5. Any other data/information that the User provides to complete any transactions through the Site or Dashboard.
MMV receives the personal data/information from the User upon:
1. The User’s creation of an account in the Dashboard;
2. The User’s use of the Dashboard;
3. The User’s processing of orders on the Dashboard;
4. The User logging in to the account; and
5. Interaction/communication by the User with MMV through offline means.
MMV collects the User’s personal data/information for one or more of the following purposes:
1. Processing of the orders of the User on the Dashboard;
2. Communication to the User; and
3. Sending to the User of MMV’s marketing or promotional information, notices, updates, regarding MMV’s Goods and Services, whether such Goods and Services were availed of by the User from the Dashboard or through any other means.
III. DISCLOSURE AND SHARING
MMV may share the personal data collected from the User to the following:
1. MMV’s affiliates
2. Third party service providers engaged by MMV to assist in MMV’s operations, or to carry out the provision of the Goods and Services available on the Site, or any other Goods and Services that may be availed by the User from MMV through any other means
3. Government agencies having jurisdiction over MMV, courts, tribunals, and enforcement agencies
The User hereby agrees that MMV shall be authorized to share any collected information to the above-mentioned entities/individuals in accordance with the purpose of collection of such information. MMV shall ensure that any such recipient of the User’s Personal Information, except the regulatory or government agencies, which may have its own policies and regulations regarding the management of personal, sensitive personal and/or confidential information, shall maintain confidentiality and secrecy of all such information that come to their knowledge and possession, even after resignation, termination of contract, or other contractual relations. Personal Information and Sensitive Personal Information under the custody of MMV shall be disclosed only pursuant to a lawful purpose, and to authorized recipients of such data.
IV. PROCESSING OF THE PERSONAL DATA/INFORMATION
Before or at the time of collecting personal information, MMV will identify the purposes for which information is being collected. MMV shall collect and use any personal information solely with the objective of fulfilling those purposes specified in the Policy and for other compatible purposes, unless it obtains the consent of the individual concerned or as required by law.
MMV shall process any collected personal data/ information through any operation or set of operations, whether or not by automatic means, including but not limited to collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Cookies and how they are used
Cookies allow websites and applications to store the User’s preferences in order to present content, options or functions that are specific to the User. They also enable MMV to see information like how many people use the website and what pages the Users tend to visit.
How MMV utilizes cookies
MMV shall use/utilize the cookies to:
● Analyze the web traffic of the Dashboard or Site using an analytics package. Aggregated usage data will help MMV improve the website structure, design, content and functions of the Dashboard or Site.
● Identify whether the User(s) is signed in to the Site. A cookie allows MMV to check whether a User is signed in to the site.
● Test content on the Site. For example, 50% of the Users might see one piece of content, the other 50% a different piece of content.
● Store information about User’s preferences. The website can then present the User with information and ads that the User may find more relevant and interesting.
● Recognize when the User returns to the Site. MMV may show the User relevant content, or provide functionality he/she used previously.
Cookies do not provide MMV with access to the User’s computer or any information about the User, other than that which the User chooses to share with MMV.
Controlling Cookies
The Users can use their web browser’s cookie settings to determine how the Site uses cookies. In the event that the Users do not want the Site to store cookies on their respective computer or device, the Users should set their web browser to refuse cookies.
However, please note that doing this may affect how the Site functions. Some pages and services may become unavailable to the Users. Unless you have changed your browser to refuse cookies, MMV’s website will issue cookies when the User visits it.
Third Party Sites
The Site may contain links to other websites operated by other parties, such as MMV’s business affiliates, merchants or payment gateways. MMV is not responsible for the privacy practices of websites operated by these other parties. The Users are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from the Users.
MMV shall therefore have no responsibility or liability for any content, cookies, activities, and privacy protection/arrangements (and the lack thereof) of these linked sites.
MMV shall ensure that it collects personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Any personal data/information collected shall only be limited to the purposes for which it is to be used, and, to the extent necessary for those purposes.
MMV shall protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Upon request, MMV will make readily available to customers information about its policies and practices relating to the management of personal information.
External Tools
The Site or Dashboard uses external tools to improve its performance and functionality. These tools are provided by a third party and they shall only collect non-personal data on the User’s use of our site.
V. RETENTION OF PERSONAL INFORMATION
1. MMV shall only retain any personal information collected for as long as either required or permitted by law or for the purpose for which the data were collected; and
2. MMV shall cease to retain any personal information collected as soon as such retention will be no longer necessary for any legal or business purpose.
VI. WITHDRAWAL OF CONSENT TO CONTINUED USE, DISCLOSURE, STORING AND/OR PROCESSING OF PERSONAL DATA
The User has the right to object to or withdraw consent from the continued use, disclosure, storing and/or processing of the Personal Data.
Should the User withdraw consent to the above, the User may send a request to the below contact details.
The User understands that objecting to the collection/processing of Personal Data will result in the User being unable to use the Site/Dashboard.
The User understands that withdrawal of consent to the continued use, disclosure, storing and/or processing of personal data may result in MMV not being able to provide the Goods and Services, as such MMV will not be liable for any resulting damages that may be sustained by the User directly or indirectly related to the User’s withdrawal of consent.
VII. ACCESS AND CORRECTION OF PERSONAL DATA
The User has the right to the access and correction of the Personal Data.
The User is responsible for providing MMV with accurate and up to date Personal Data.
Upon the User’s detection of inaccurate Personal Data, the User must immediately inform MMV of the detected inaccuracy.
The User may also update the information on the Site through accessing the registered account, or by getting in touch with MMV through the below contact details.
VIII. OTHER RIGHTS
1. The User has the right to communicate a request to MMV as to the blocking, removal or destruction of personal data at any time.
2. MMV recognizes the User’s right to be indemnified of any damages that may be sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, taking into account any violation of the rights and freedoms as a data subject. Any such indemnification shall be subject to the User’s Presentation to MMV of a final decision by a court/government agency of competent jurisdiction.
3. The User has a right to obtain from MMV a copy of the collected/processed Personal Data in an electronic or structured format that is commonly used and allows for the User’s further use on other sites or platforms.
4. The User has the right to lodge a complaint before the National Privacy Commission.
MMV is committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
info.marketing@mmv.ph
Tel: 8772-5694 (Loc. 000)
4th Floor, State Condominium 1 Building, Salcedo Street,
Legaspi Village, Makati City 1229