1.1. This is the B-Hive platform (the "Platform").
Please read these Terms of Service carefully before using the Platform or opening a B-Hive
account ("Account"), as this, among other policies (e.g cookie policy, acceptable use policy)
define your legal rights and obligations with respect to B-Hive Solutions Inc. and its
affiliates and subsidiaries (collectively, "B-Hive", "we", "us", or "our"). The "Services" we
provide include: (a) the Platform itself, (b) the services offered through the Platform and by
B-Hive's client software, and (c) all information, linked pages, features, data, text, images,
photographs, graphics, music, sounds, videos, messages, content, programming, software,
application services, and other materials available via the Platform or its related services
("Content"). Any updates or new features added to enhance the Platform and its Services will
also fall under these Terms of Service. These Terms govern your use of the Services provided by
B-Hive.
1.2 The Services provide an online platform that facilitates
connections between businesses ("Buyer"), and ("Seller") (collectively referred to as "you,"
"Users," or "Parties") for their private transactions, which may involve, among others, the sale
of goods or services. The actual contract for any sale, whether of goods or services, is
directly between the Buyer and Seller, and B-Hive is NOT a party to this or any other agreement
between the Buyer and Seller, nor does it assume any responsibility in relation to such
contracts. The Parties are fully responsible for managing their private sales contracts, product
or service listings, warranties, and any other transaction-related obligations. B-Hive does not
participate in, or supervise, transactions between Users. While B-Hive may or may not screen
Users or the content and information they provide, B-Hive reserves the right to remove any
content or information posted on the Platform. B-Hive cannot guarantee that Users will complete
any transaction.
1.3 Updates. (a) Service Updates. Bhive may, from time
to time, implement commercially reasonable updates to the Services. (b) Agreement Amendments.
Bhive reserves the right to modify this Agreement, including its pricing, as needed. Unless
otherwise specified by Bhive, any substantial amendments to this Agreement will take effect
fifteen (15) days after they are posted. However, updates that introduce new functionality or
are required to ensure compliance with applicable laws will be effective immediately. Should
Users disagree with the amended Agreement, they may discontinue the Services and terminate this
Agreement at their discretion. Users’ continued use of the Services following a significant
amendment will constitute acceptance of such changes. (c) Updates to URL Terms (Applicable to
All Services). Bhive may periodically revise the URL Terms by posting updated versions. Unless
stated otherwise, significant changes to the URL Terms will become effective fifteen (15) days
after posting, while changes related to new functionality or legal compliance will take effect
immediately. (d) Discontinuation of Services. Bhive will provide Users with at least fifteen
(15) days advance notice prior to discontinuing any Service (or any significant associated
functionality), unless a similar replacement Service or functionality is provided. This Section
1.3(d) does not prevent Bhive from making changes as needed to comply with legal requirements,
mitigate material security risks, or avoid substantial economic or technical burdens. This
provision does not apply to Services, features, or functionality that are in pre-general
availability. There shall be no refund for users who opt to discontinue using the services prior
to the end of their subscription period.
1.4 Before you can become a
User of the Platform, you must read and agree to all the terms and conditions outlined in these
Terms of Service, and provide your consent to the processing of your personal data as described
in the B-Hive Privacy Policy.
1.5 B-Hive reserves the right to amend,
modify, suspend, or discontinue any portion of the Platform or the Services, in whole or in
part, at any time, or as required by applicable laws or regulations. B-Hive may release certain
Services or features that might not perform as anticipated or may differ from their final
version, and B-Hive disclaims any liability for such variations. Furthermore, B-Hive retains the
discretion to impose limits on certain features or restrict access to parts or all of the
Platform or Services, without prior notice or liability, particularly in instances of
non-compliance with these Terms of Service.
1.6 B-Hive reserves the
right to deny access to the Platform or Services, or to refuse the creation of an Account, for
any reason. BY USING B-HIVE SERVICES OR CREATING AN ACCOUNT, YOU IRREVOCABLY ACCEPT AND AGREE TO
THE TERMS OF THIS AGREEMENT, INCLUDING ANY ADDITIONAL TERMS AND POLICIES REFERENCED HEREIN. IF
YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU
ARE UNDER 18 OR BELOW THE LEGAL AGE OF CONSENT ACCORDING TO YOUR COUNTRY’S APPLICABLE LAWS (THE
"LEGAL AGE"), PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNSURE WHETHER
YOU HAVE REACHED THE LEGAL AGE OR DO NOT UNDERSTAND THIS SECTION, PLEASE CONSULT YOUR PARENT OR
LEGAL GUARDIAN BEFORE CREATING AN ACCOUNT. IF, AFTER CONSULTATION WITH YOUR PARENT OR LEGAL
GUARDIAN, YOU ARE FOUND TO STILL BE A MINOR OR BELOW THE LEGAL AGE, YOU MUST NOT CONTINUE TO USE
OUR SERVICES OR ACCESS THE PLATFORM.
Any software that we provide to you as part of the
Services is governed by the terms outlined in these Terms of Service and other applicable
policies, if any. B-Hive retains all rights to the software that are not explicitly granted
under these terms. Additionally, any third-party scripts or code referenced or linked through
the Services are licensed to you directly by the respective third parties, not by B-Hive.
3.1 Certain features of our Services require you to
create/register for an Account by choosing a unique user identification ("User ID") and
password, and providing some personal details. If the User ID you choose is deemed offensive or
inappropriate by B-Hive, in its sole judgment, B-Hive reserves the right to suspend or terminate
your Account. Your Account may allow you to access other products, web platforms, or services
that we have linked to or collaborated with. However, B-Hive has not reviewed these third-party
offerings and takes no responsibility for their content, functionality, security, services,
privacy policies, or other practices. If you choose to access them, the terms of service and
privacy policies for those products, platforms, or services may apply in addition to of the
Terms of Service and the B-Hive Privacy Policy.
3.2 You will be held
accountable for any actions carried out under your User ID and account, regardless of whether
you personally committed them. B-Hive is not responsible for any loss or damage that may arise
from unauthorized use of your password or failure to adhere to this section, in accordance with
relevant laws.
3.3 You acknowledge that B-Hive may, at its sole
discretion and without prior notice or liability to you or any third party, immediately
terminate or suspend your Account and User ID, remove any Content linked to your Account from
the Platform, revoke any subsidies provided to you and cancel or suspend any related
transactions either temporarily or permanently. B-Hive may also take any additional actions it
deems necessary. These actions can be based on various reasons, including but not limited to:
(a) prolonged inactivity, as determined by us, (b) breach of these Terms of Service, (c)
engagement in illegal, fraudulent, defamatory, threatening, or abusive behavior, (d) holding
multiple user accounts, (e) failure to settle any outstanding amounts owed to B-Hive or its
affiliates, (f) use or exploitation of unauthorized third-party software on B-Hive’s platform,
(g) failure to submit accurate documents in compliance with laws or regulations, or (h) any
conduct that harms other users, third parties, or B-Hive’s business interests. Any illegal,
fraudulent, defamatory, threatening, or abusive activity may also be reported to law enforcement
without notifying you. If a legal dispute arises or if law enforcement actions are initiated
concerning your Account or use of the Services, B-Hive may terminate your Account immediately,
with or without prior notice.
3.4 Users may choose to terminate their
Account by providing written notice to B-Hive (including via email at
[email protected]. You
acknowledge and agree that your account will be terminated no earlier than twenty-four (24)
hours after your termination request is submitted. B-Hive is not liable for any losses or
damages resulting from actions taken in accordance with this Section, and Users waive any claims
regarding such actions.
3.5 You are allowed to use the Services and/or
create an Account only if you are Philippine based companies or have branches in the
Philippines. However, this may be updated as needed.
4.1 The license to use this Platform and its Services
remains in effect until it is terminated. It may be terminated in accordance with these Terms of
Service or if any of the terms and conditions outlined in this Section and other policies of
B-Hive are violated. In such instances, B-Hive may terminate the license with or without
providing notice to you.
4.2 You agree NOT to: (a) violate any
applicable local, national, or international law, rule, regulation, or directive, including
those relating to anti-money laundering or counter-terrorism; (b) upload, post, transmit, or
otherwise share any Content that is illegal, harmful, abusive, harassing, defamatory, vulgar,
obscene, or that invades someone’s privacy, or engage in behavior that is racially, ethnically,
or otherwise objectionable; (c) upload Content that infringes on someone else’s patent,
trademark, trade secret, copyright, or other proprietary rights; (d) use the Services or upload
Content to impersonate any individual or entity, or submit false or misleading Verification
Documents; (e) engage in actions that disrupt or interfere with other users’ access to the
Services, such as manipulating listings, falsifying headers, or misrepresenting your identity;
(f) manipulate the price of any item or interfere with other Users' listings in a deceptive
manner; (g) upload or share unsolicited advertising, promotional materials, spam, junk mail, or
any unauthorized form of solicitation (h) upload or transmit harmful software, such as viruses,
worms, or other malicious code, designed to damage or disrupt any systems, networks, or data;
(i) collect or harvest information about other Users, including personal data, without their
consent, or engage in any unauthorized collection activities; (j) use the Services to harm
minors in any way, including uploading or sharing any content featuring unsupervised minors; (k)
remove proprietary notices, forge headers, or otherwise manipulate identifiers to disguise the
origin of content transmitted through the Services; (l) attempt to decompile, reverse-engineer,
disassemble, or hack the Services, or bypass any encryption or security measures; (m) use the
Services or platform in a fraudulent or deceptive manner; (n) operate multiple accounts for the
purpose of circumventing rules or engaging in prohibited behavior under these Terms of Service;
(o) use non-official B-Hive software to access the Platform or your user account; (p) engage in
activities that harm or overburden the Services or servers, or take actions that could disable
the system; (q) engage in behavior that undermines the feedback or rating system or otherwise
disrupts normal user engagement and dialogue on the Platform; (r) use the Services to infringe
upon the intellectual property rights of others, or list items that violate third-party rights;
(s) access or store personal data about other Users for unauthorized purposes or in violation of
any laws; (t) collect, store, or transmit personal or confidential information about others in
ways that breach fiduciary or contractual obligations; (u) use the Services to intentionally or
unintentionally violate trade sanctions or embargoes enforced by relevant international or
national authorities; (v) take any action or create derivative works of the Services without the
explicit permission of B-Hive. (w) Use the Platform for Political content including but not
limited to extreme or divisive political discussions that promote violence, hate, or
misinformation, as well as coordinated disinformation campaigns related to political events or
figures. (x) Use the Platform for Religious content including but not limited to religious
extremism or content that incites violence, intolerance, or discrimination, and includes hate
speech targeting individuals or groups based on religious beliefs or affiliations. (y) Use the
Platform for Hate speech and extremism including but not limited to content that promotes
violence or dehumanization based on race, gender, sexual orientation, or ethnicity, as well as
radical ideologies, white supremacy, or extremist groups advocating violence or discrimination.
(z) Use the Platform for Misinformation and fake news including but not limited to health
misinformation (such as about vaccines, pandemics, or treatments) and election misinformation
(false claims about voting processes or election outcomes), as well as disinformation spread by
bots or coordinated campaigns to mislead the public. (aa) Use the Platform Cyberbullying and
harassment involve targeted harassment, trolling, or bullying directed at individuals or groups,
along with doxxing (the sharing of someone’s private information without consent) and threats of
violence. (bb) Use the Platform for Child exploitation and abuse including but not limited to
involving child abuse or sexual exploitation, as well as grooming and predatory behavior toward
minors. (cc) Use the Platform for Self-harm and suicide promotion including but not limited to
content that glorifies or promotes self-harm, suicide, or dangerous behaviors, along with the
encouragement of eating disorders or other harmful challenges. (dd) Use the Platform for Illegal
activities and dangerous behavior including but not limited to the promotion or sale of illegal
drugs, counterfeit goods, or black-market services, as well as content promoting illegal
weapons, human trafficking, or criminal activity. (ee) Use the Platform for Graphic and violent
content including but not limited to depictions of extreme violence, gore, or death, especially
when glorified or sensationalized, as well as animal cruelty, abuse, or content promoting harm
to animals. (ff) Use the Platform for Scams and fraud including but not limited to financial
scams, pyramid schemes, or misleading investment advice, along with phishing attempts and
identity theft schemes targeting users for personal data. (gg) Use the Platform for Sexual
content and exploitation including but not limited to the non-consensual sharing of explicit
images or videos (such as revenge porn), as well as sexual solicitation, exploitation, or
content promoting human trafficking. (hh) Use the Platform for Incitement to violence including
but not limited to content that explicitly calls for or encourages violence or harm to
individuals or groups, including posts or messages promoting terrorism, organized crime, or
riots. (ii) Use the Platform for Dangerous activities including but not limited to dangerous
viral challenges involve the promotion of viral challenges that encourage dangerous or illegal
stunts, such as the "Tide Pod Challenge" or extreme physical challenges. (jj) Use the Platform
for Conspiracy theories including but not limited to content that promotes harmful conspiracy
theories that could incite violence or panic (such as QAnon or anti-science movements), as well
as organized efforts to undermine trust in public institutions through baseless claims. (kk) Use
the Platform for Terrorism and radicalization including but not limited to propaganda or
recruitment efforts by terrorist organizations, as well as content promoting radicalization or
glorifying acts of terrorism.
4.3 You acknowledge that all Content,
whether shared publicly or sent privately, is solely the responsibility of the individual from
whom it originated. This means that you, and not B-Hive, are fully accountable for any Content
you upload, post, email, transmit, or otherwise make available through the Platform. You
understand that by accessing the Platform, you may encounter Content that you find offensive,
indecent, or objectionable. To the fullest extent permitted by law, B-Hive will not be held
responsible for any Content, including but not limited to any errors or omissions, or for any
loss or damage that may occur from using or relying on any Content posted, emailed, transmitted,
or otherwise made available on the Platform.
4.4 You understand and
agree that B-Hive and its authorized agents have the right (but not the obligation) to review,
refuse, delete, block, suspend, or move any Content at their sole discretion, including Content
posted by you on the Platform, without being liable to you. Furthermore, B-Hive may remove
Content that (a) breaches these Terms of Service or our Prohibited and Restricted Items Policy;
(b) is the subject of a complaint from another User; (c) has been flagged for intellectual
property infringement or in response to legal requests; or (d) is otherwise deemed
inappropriate. Additionally, we may block communications (such as status updates, posts,
messages, or chats) as part of our efforts to protect the Services, our Users, or to enforce
these Terms. You agree that you are responsible for assessing and accepting any risks associated
with the use of Content, including reliance on its accuracy, completeness, or usefulness. In
doing so, you acknowledge that you have not and, to the fullest extent permitted by law, cannot
rely on any Content provided by B-Hive or submitted to B-Hive, including information in its
Platform or other areas of the Platform.
You also acknowledge and agree
that B-Hive may access, retain, and disclose your Account information and other materials or
data provided to us if required by law or through a valid court order. This may also occur if
B-Hive believes such actions are necessary to (a) comply with legal processes; (b) enforce these
Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that your
Content or behavior violates third-party rights, including intellectual property rights; or (d)
protect the rights, property, or safety of B-Hive, its Users, or the public.
Additionally, you agree that B-Hive may collect, use, and process
data related to refine and improve the quality of B-Hive’s services and user experience.
5.1 Failure to comply with these Terms of Service may
lead to a variety of consequences, which may include, but are not limited to, the following: (a)
Removal of posts (b) Restrictions on Account privileges (c) Suspension or eventual termination
of your Account (d) Immediate termination of your Account (e)Pursuit of criminal and civil
charges (f) Any other legal action B-Hive is permitted to take in accordance with applicable
laws
If you suspect that a User on our Platform is in violation of these
Terms of Service, please report the matter by contacting
[email protected]
6.1 The B-Hive Privacy Policy, provides a comprehensive
explanation of our privacy practices. Please review the B-Hive Privacy Policy to understand how
B-Hive gathers and utilizes the information related to your Account and/or your use of the
Services ("User Information"). By using the Services or submitting information on the Platform,
you: (a) You consent to B-Hive collecting, using, disclosing, and/or processing your Content,
personal data, and User Information in accordance with the B-Hive Privacy Policy. (b)
acknowledge and agree that the ownership of your User Information is shared between you and
B-Hive; and (b) agree not to disclose your User Information, whether directly or indirectly, to
any third party, nor permit any third party to access or use your User Information without
obtaining prior written consent from B-Hive.
6.2 Users who obtain
another User’s personal data through the Services (referred to as the "Receiving Party") agree
to the following: (a) they will comply with all relevant data protection laws concerning the
handling of such information; (b) they will permit the User whose data has been collected (the
"Disclosing Party") to request the removal of their personal data from the Receiving Party’s
system; and (c) they will provide the Disclosing Party with access to review the personal
information gathered about them, as required by applicable legal regulations.
7.1 B-Hive prohibits listings that infringe upon the
intellectual property rights of brands or other intellectual property rights holders ("IP
OWNER").
7.2 If you are an IP OWNER or a duly authorized agent of an IP
OWNER ("IP Agent") and you believe your intellectual property rights or those of your principal
have been infringed, please notify us by submitting the online form to
[email protected] - and
provide the required documentation to support your claim. Please allow time for us to review and
process your submission.
7.3 Complaints under this Section must be
submitted and include at least the following: (a) a physical or electronic signature of the IP
OWNER or IP AGENT (collectively, "Informant"); (b) a description of the type and nature of the
intellectual property right that has allegedly been infringed, along with proof of rights; (c) a
detailed explanation of the alleged infringement sufficient for B-Hive to evaluate the
complaint; (d) URLs of the posts in question that contain the alleged infringement; (e) adequate
contact information for the Informant, such as a physical address, telephone number, and email
address; (f) a declaration by the Informant stating that the complaint is made in good faith and
that the use of the intellectual property as identified by the Informant is unauthorized by the
IP OWNER or by law; and (g) a declaration by the Informant affirming the accuracy of the
information provided, agreeing to indemnify B-Hive for any damages arising from the complaint,
and asserting that the Informant holds the appropriate rights or has authorization to act on
behalf of the IP OWNER in all matters related to the complaint.
7.4
Without limiting the indemnification as set in this Terms of Service, every user agrees to
indemnify and hold B-Hive and its affiliates harmless from any and all claims, actions, damages,
or judgments that arise from or relate to (a) any intellectual property infringement claim,
complaint, or violation concerning any Content or product listings, (b) any removal of such
Content resulting from an intellectual property infringement claim, complaint, or violation
and/or (c) any other claim that may arise.
7.5 Users are independent
individuals or businesses and are not affiliated with B-Hive in any capacity. B-Hive does not
act as an agent or representative of Users.
8.1 Billing. Bhive shall issue an electronic invoice to
Users for all applicable Fees, including any Fees arising from Users' use of the Services during
the relevant Fee Accrual Period, as well as any other pertinent charges. Should Bhive, based on
reasonable grounds and available evidence, assess a risk of non-payment or potential fraudulent
activity on Users' Account, Bhive may elect to issue invoices on a more frequent basis. Users
shall settle all invoiced amounts in the currency specified therein. If payment is made by
credit card, debit card, or other non-invoice methods, Users shall immediately remit all Fees at
the close of each Fee Accrual Period or upon Bhive’s charging. For invoices, Users shall remit
payment by the specified Payment Due Date. Except as required by law, Users’ obligation to pay
all Fees is irrevocable. Bhive is not obligated to issue multiple invoices. Wire transfer,
credit card, and other online payments must include Bhive’s designated banking or payor’s
information.
8.2 Taxes. (a) Users are responsible for all applicable
Taxes and shall pay Bhive for the Services in full without any deduction for such Taxes. If
Bhive is required to collect or remit any Taxes, these will be invoiced to Users, who shall then
remit payment of such Taxes to Bhive, unless a timely and valid tax exemption certificate is
provided to Bhive. (b) Users shall provide Bhive with any tax identification information
required under applicable law to ensure compliance with tax regulations in relevant
jurisdictions. Users shall be liable for any Taxes, penalties, interest, or fines resulting from
misrepresentations made by Users.
8.3 Payment Disputes & Refunds.
Users must submit any payment disputes in good faith prior to the Payment Due Date. Should
Bhive, upon a good-faith review, determine that billing inaccuracies are attributable to Bhive,
Bhive will not issue a corrected invoice but will provide a credit memo reflecting the incorrect
amount on the affected invoice. In cases where a disputed invoice remains unpaid, Bhive shall
apply the credit memo amount to the invoice, with Users responsible for paying the adjusted net
balance. Refunds issued by Bhive for billing errors under this Section shall only be provided as
service credits. This Agreement does not obligate Bhive to extend credit to any party.
9.1 Users will (a) ensure that Users and its End Users'
use of the Services complies with this Agreement, (b) use commercially reasonable efforts to
prevent and terminate any unauthorized use of, or access to, the Services, and (c) promptly
notify Bhive of any unauthorized use of, or access to, the Services, Account, or Users's
password of which Users becomes aware. Bhive reserves the right to investigate any potential
violation of the Terms of Service by Users, which may include reviewing Users Applications,
Users Data, or Projects. Users are required to ensure that all relevant information, such as but
not limited to, company profile are accurate, true and lawful. Users must avoid posting any
inaccurate or misleading information.
9.2 Users acknowledge that B-Hive
may, at its discretion, engage in promotional activities to encourage transactions between
Users.
10.1 B-Hive provides keyword advertising and other
promotional services through its Paid Advertising Platform on an ongoing basis. Users have the
option to purchase Paid Advertising Services. These services are offered in accordance with
B-Hive’s Terms of Service and any explanatory materials available on the Platform, the Paid
Advertising Platform, are communicated to Users in writing (hereinafter referred to as the "Paid
Advertising Rules"). Users who opt to purchase Paid Advertising Services agree to abide by the
Paid Advertising Rules. If you do not agree to be bound by these Rules, you should refrain from
purchasing Paid Advertising Services.
10.2 To purchase Paid Advertising
Services, you must be an eligible User. Your Account must also be in good standing and not
suspended at the time of purchase and payment.
10.3 You understand and
agree that B-Hive does not guarantee any increase in profile visibility as a result of using
Paid Advertising Services.
10.4 IF, DESPITE THESE TERMS, A COURT OF
COMPETENT JURISDICTION HOLDS B-HIVE LIABLE FOR ANY PAID ADVERTISING SERVICES (INCLUDING FOR
GROSS NEGLIGENCE), B-HIVE’S LIABILITY WILL BE LIMITED TO PHILIPPINE PESO: FIVE THOUSAND ONLY
(PHP 5,000.00)
11.1 B-Hive operates solely as a platform to connect
users and does not directly engage in the sale or manufacture of any products, including
alcoholic beverages ("Alcohol") and tobacco or tobacco-related products, such as electric
cigarettes ("Tobacco Products"). Users utilizing the platform to buy or sell these products must
comply with the terms outlined in this Section and ensure adherence to all applicable laws.
11.2 If you are interacting with another user for the sale or
purchase of Alcohol or Tobacco Products: (a) If both users are individuals, you confirm that
both the seller and the buyer (or the recipient, if different from the buyer) are at least of
legal minimum age required for the sale and purchase of such products. (b) If required, both you
and/or the seller, as well as the recipient, agree to provide valid photo identification, upon
B-Hive’s demand, to verify that the seller and the recipient meet the legal age requirement for
purchasing or receiving Alcohol or Tobacco Products.
11.3 If you are a
user selling Alcohol or Tobacco Products, you represent and warrant that: (a) You possess all
necessary licenses and permits required by law to sell Alcohol or Tobacco Products through the
Platform, and you will provide copies of these licenses or permits, along with supporting
documents, to B-Hive upon request for verification purposes. (b) All information and
documentation you provide to B-Hive regarding your licenses, permits, and any other legal
requirements is accurate and truthful.
11.4 Business entities involved
in the sale of Alcohol or Tobacco Products must ensure that they possess all relevant legal
licenses to sell such products. B-Hive assumes no responsibility for verifying the legal
standing of entities or individuals who sell or purchase Alcohol or Tobacco Products. It is
solely the responsibility of the users to ensure compliance with all relevant legal requirements
and age restrictions.
12.1 In the event of an issue arising from the parties
transactions or communications, Users agree to communicate directly with one another in an
effort to resolve the dispute through mutual discussions. If the matter cannot be resolved
through discussion, Users may approach the appropriate tribunal within their local jurisdiction
to seek a resolution for the their disputes.
12.2 Each User agrees not
to file a lawsuit or make any claims against B-Hive or its affiliates in relation to any
transaction or communications carried out on the Platform or any disputes arising from their
communications or transactions outside the platform.
13.1 B-Hive grants you a limited and revocable license
to access and use the Services, provided you adhere to the terms outlined in these Terms of
Service. All proprietary content and other intellectual property ("Intellectual Property")
displayed on the Platform, is owned by B-Hive or, where applicable, third-party owners
identified on the Platform. By using or accessing the Services, you agree to comply with
copyright, trademark, and all other relevant laws that protect the Services, Platform, and its
content. You are not permitted, without prior written consent from B-Hive, to mirror or frame
any part of the Platform's content on another server or website.
13.2
Only company or business socials (e.g linkedin, facebook, Instagram etc) are allowed to be
linked to the Platform. You acknowledge that B-Hive reserves the right, at its sole discretion,
to cease providing the Services, in whole or in part, at any time and without prior notice.
14.1 B-HIVE PROVIDES THE SERVICES ON AN "AS IS" BASIS,
WITHOUT MAKING ANY WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS
INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES RELATED TO QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR SUITABILITY FOR A SPECIFIC PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, B-HIVE DOES NOT GUARANTEE THAT THE PLATFORM, ITS SERVICES, OR ITS
FEATURES WILL BE CONTINUOUSLY AVAILABLE, SECURE, TIMELY, UNINTERRUPTED, ACCURATE, COMPLETE, OR
FREE FROM ERRORS. B-HIVE ALSO DOES NOT GUARANTEE THAT ANY ISSUES WILL BE RESOLVED, OR THAT THE
PLATFORM AND ITS SERVERS WILL BE FREE FROM HARMFUL ELEMENTS LIKE VIRUSES, MALWARE, OR OTHER
MALICIOUS CODES OR PROGRAMS.
14.2 You acknowledge that any risk and
responsibility associated with the use of the platform and services are entirely yours, to the
greatest extent permitted by applicable law.
14.3 B-Hive does not
oversee, and to the extent allowed by law, assumes no responsibility for: (A) the suitability,
quality, safety, or legality of items offered through the services. In case of disputes between
users, it is expected that the parties involved will settle the matter between themselves. To
the maximum extent permitted by law, B-Hive and its affiliates are released from any claims,
demands, or damages arising from such disputes.
15.1 To the fullest extent allowed by law, B-Hive will
not be liable, whether under contract, warranty, tort, or any other legal theory or cause of
action, for any kind of loss whether such losses are direct or indirect. Additionally, B-Hive
will not be responsible for any kind of damages arising from or connected to the use or
inability to use the platform or services, even if advised or not of the potential for such
damages.
15.2 You acknowledge that if you experience issues with the
services, your sole remedy is to terminate your account and/or cease using the services.
15.3 Should a court with proper authority find B-Hive liable
(including for gross negligence), its liability will be limited to PHP 5,000 (PHILIPPINE PESO:
FIVE THOUSAND ONLY).
16.1 The Platform DOES NOT ALLOW links to Third Party
Websites to be posted on B-Hive’s Platforms except to those provided in Section 13.2.
17.1 You acknowledge and agree that you bear full
responsibility for any content you post or make available through the Services. This
responsibility includes, but is not limited to, ensuring the accuracy, reliability, legality,
proper rights clearance, and adherence to all legal and regulatory requirements associated with
any content you provide. By contributing such content, you grant B-Hive and its successors a
perpetual, irrevocable, global, non-exclusive, royalty-free license, which is transferable and
can be sub-licensed, to use, reproduce, distribute, republish, transmit, modify, adapt, create
derivative works from, publicly display, and perform the content in connection with the
Services, in any media or format, and through any distribution channels, without any requirement
to provide attribution. Furthermore, you agree to waive any moral rights (or similar rights in
any jurisdiction) related to the content. You also understand and accept that your content may
be transmitted across various networks and may be modified to meet technical requirements.
17.2 Any content, materials, information, or ideas that you submit,
post, or share through the Services, or transmit to B-Hive in any way (referred to as a
"Submission"), will not be regarded as confidential by B-Hive. These Submissions may be used or
disseminated by B-Hive for any purpose, such as developing, producing, or marketing products,
without any obligation to provide compensation or assume liability towards you. By making a
Submission, you grant B-Hive and its successors a perpetual, irrevocable, global, non-exclusive,
royalty-free license, which can be sub-licensed and transferred. This license permits B-Hive to
use, copy, distribute, republish, transmit, modify, adapt, create derivative works from,
publicly display, and perform the Submission in connection with the Services, in any format or
media, including for promotional purposes and redistributing parts of the Services (and their
derivatives).
18.1 Each user contributing data, text, images, sounds,
videos, software, or other content to the Services is solely responsible for ensuring the
accuracy, reliability, legality, rights clearance, and compliance with any applicable laws or
regulations concerning their content. B-Hive does not assume responsibility for, nor is it
obligated to routinely review or verify, the accuracy, reliability, legality, or compliance of
any content submitted by users. You acknowledge that you will not hold B-Hive accountable for
the actions or inactions of other users, including, but not limited to, any content they post or
make available through the Services.
18.2 Additionally, the Services may
include links to third-party products, websites, services, and offers. These third-party
products, websites, and services are not owned or controlled by B-Hive. Furthermore, you
acknowledge and agree that B-Hive reserves the right to disable or remove any third-party links
or applications available through the Services if they are found to violate these Terms of
Service.
19.1 You confirm and warrant that: (a) you have the
legal authority, capacity, and ability to enter into these Terms of Service and to fulfill your
obligations under them; and (b) you will only use the Services for legitimate purposes and in
full compliance with these Terms of Service, along with all relevant laws, regulations, rules,
codes, directives, guidelines, and policies.
20.1 If B-Hive, at its sole discretion, suspects that
you have engaged in any potentially fraudulent or suspicious activities, we may take several
measures to safeguard B-Hive. These measures may include, but are not limited to: (a) Closing,
suspending, or restricting your access to your Account or the Services, and/or halting the
processing of any transactions; (b) Declining to provide the Services to you either now or in
the future.
21.1 You agree to indemnify, defend, and hold harmless
B-Hive, as well as its shareholders, subsidiaries, affiliates, directors, officers, agents ,
partners, and employees (collectively, the "B-Hive Individuals") from any and all claims,
actions, lawsuits, and any related liabilities, damages, settlements, penalties, fines, costs,
and expenses that may be incurred by any B-Hive Individuals. This obligation arises from or
relates to: (a) the hosting, operation, management, or administration of the Services by B-Hive
or on its behalf; (b) your breach of any term in these Terms of Service or any referenced
policies or guidelines; (c) your use or misuse of the Services; (d) your violation of any law or
third-party rights; or (e) any content uploaded by you.
22.1 If any provision of these Terms of Service is
deemed illegal, void, or unenforceable under the laws of any jurisdiction, that specific
provision will be treated as separable from the rest of the terms. This will not impact the
validity and enforceability of the remaining provisions, nor will it affect the enforceability
of the provision in question under the any laws.
23.1 These Terms of Service shall be governed by and
construed in accordance with the laws of the Republic of the Philippines. Unless otherwise
required by applicable laws, any dispute, controversy, claim or difference of any kind
whatsoever shall be referred to and finally resolved by arbitration administered by the
Philippine Dispute Resolution Center, Inc. (“PDRCI”) under the arbitration rules of the PDRCI
(“PDRCI”) for the time being in force, which rules are deemed to be incorporated by reference in
this Section. The seat of the arbitration shall be in Cebu City, Philippines. This arbitration
agreement shall be governed by the laws of the Republic of the Philippines. The tribunal shall
consist of three (3) arbitrators: one (1) appointed by each party within thirty (30) days of the
receipt of a Notice of Arbitration by the receiving party and one (1) appointed by agreement of
the arbitrators appointed by the parties within thirty (30) days of the appointment of the
second arbitrator. In the absence of such agreement, the third arbitrator shall be appointed
according to the PDRCI Rules. The language of the arbitration shall be English.
23.2 The Parties hereby agree that in the event of an impossibility
to undergo arbitration, any legal action, suit, or proceeding arising out of or relating to this
Agreement, such action, suit, or proceeding shall be filed exclusively in the courts of
competent jurisdiction located in Cebu City, Philippines, to the exclusion of all other courts.
The Parties waive any objections to venue or jurisdiction outside Cebu City and agree not to
initiate any such action in any other venue.
24.1 B-Hive retains all rights that are not explicitly
granted in this agreement.
24.2 B-Hive may amend these Terms of Service
at any time by posting the updated terms on this platform. Your continued use of the platform
and receipt of services (including maintaining an account provided by B-Hive) after the changes
are posted will constitute your acceptance of the revised Terms of Service.
24.3 You are not permitted to assign, sublicense, transfer any
rights granted to you, or subcontract any of your obligations under this agreement.
24.4 Nothing in these Terms of Service creates a partnership, joint
venture, or principal-agent relationship between you and B-Hive.
24.5
B-Hive’s failure to enforce any provision of this agreement at any time does not waive its right
to enforce that provision in the future unless a written waiver is provided.
24.6 These Terms of Service are intended solely for the benefit of
you and us, and do not provide any rights or benefits to any third party, except for B-Hive's
affiliates and subsidiaries.
24.7 The terms outlined in these Terms of
Service, along with any referenced agreements and policies, constitute the entire agreement
between the parties concerning the Services and the Platform, and supersede any prior agreements
or understandings related to this subject matter. Both parties acknowledge that they are not
relying on any statements, representations, warranties, promises, or assurances outside of what
is expressly set forth in these Terms of Service. Each party irrevocably waives any claims,
rights, or remedies they might otherwise have had in this regard. These Terms of Service cannot
be contradicted, explained, or supplemented by any prior agreements, contemporaneous oral
agreements, or additional terms.
24.8 If you have any questions or
concerns regarding these Terms of Service or any related issues, please contact us at
[email protected].
Please send all legal notices to
[email protected] addressed
to the attention of “General Counsel.”
The primary rule for using B-Hive is that you are
accountable for following the rules of your platform, your partners, and applicable laws. This
policy in addition to those outlined in our terms of service provides the acceptable and
unacceptable activities for using B-Hive services to ensure the platform is used in a lawful,
responsible, and secure manner. Below are the detailed principles that shape our expectations:
1. You cannot use B-Hive to engage in any
activities that are illegal where your business operates. We understand that navigating laws and
regulatory frameworks can be challenging, but by entering a specific market and choosing the
products you sell / services you will need, you commit to understanding and adhering to its
legal boundaries. Similarly, you must recognize that illegal business activities are not
permitted on our platform. These illegal business activities include, but is not limited to,
selling, promoting, or distributing prohibited goods or services such as drugs, weapons, stolen
goods, or counterfeit products.
2. You may not advocate or threaten
violence against any individual or group, nor may you sell products that encourage or enable
intentional self-harm. Moreover, engaging in activities that are fraudulent, misleading, or
deceptive, including false advertising or any other actions that could harm customers or third
parties, is strictly forbidden.
3. While we aim to keep administrative
work minimal, this policy and our Terms of Service are essential for the proper operation of the
platform. These agreements bind you and outline the platform rules you must follow.
4. Any form of abuse or behavior that causes harm, harassment, or
intimidation to B-Hive employees, customers, users, or third parties is not allowed. This
includes harassment, discrimination, and the promotion of violence or hate speech.
5. You must respect the intellectual property rights of others. The
unauthorized use or infringement of trademarks, copyrights, patents, or any other intellectual
property is strictly prohibited.
6. Engaging in any activity that
interferes with the functionality, performance, or security of B-Hive’s services, including
hacking, phishing, spreading malware, or disrupting the platform’s infrastructure, is forbidden
and shall be dealt with accordingly by law.
7. Collecting, using, or
disclosing any personal information of individuals without their explicit consent or in
violation of applicable privacy laws is prohibited.
8. Sending spam,
junk mail, chain letters, or any other form of unsolicited mass communication through B-Hive’s
services is not permitted.
9. Using B-Hive’s services to exploit or harm
minors in any way, including producing, promoting, or distributing content related to child
abuse, is strictly prohibited and will result in immediate action, including legal consequences.
10. Activities involving gambling, betting, or lotteries that violate
local or international laws are not allowed on the platform unless authorized by appropriate
regulatory bodies.
B-Hive reserves the right to investigate any
suspected violations of this policy. If a violation is confirmed, actions may include the
suspension or termination of services, account deactivation, and notification of law
enforcement authorities.
B-Hive may update or modify this policy at any time.
Continued use of B-Hive’s services following any changes indicates your acceptance of the
revised terms.
This Privacy Policy outlines B-Hive's commitment to
protecting the privacy of its clients, customers, and users. It is implemented in accordance with
Republic Act No. 10173, the Data Privacy Act of 2012 (DPA), and its related regulations, including
those issued by the National Privacy Commission (NPC). B-Hive ensures that personal data is
processed in a transparent, lawful, and fair manner, while respecting your privacy rights.
1. This policy governs the collection, use,
storage, sharing, and disposal of all personal data handled by B-Hive in compliance with the DPA
and related regulations.
2. B-Hive reserves the right to update or
modify this policy to align with changes in data protection regulations or internal processes.
Any updates will reflect changes in how B-Hive handles personal data.
3.
This Privacy Policy applies to all personal data processing activities carried out by B-Hive
across all its platforms, including interactions with its clients, customers, and users.
1. Anonymization: The process of transforming data
so that the individual to whom it pertains can no longer be identified.
2. Data Subject Consent: The voluntary agreement of the data subject to the processing of their
personal data, given based on full information about the purpose and scope of the data
collection.
3. Data Subject: Any individual whose personal information
is processed, including but not limited to clients, users, and customers of B-Hive.
4. Data Sharing: The transfer or disclosure of personal data to a
third party, not including transfers to service providers acting on behalf of the controller.
5. Processing: Refers to any action performed on personal data,
including collection, recording, storage, retrieval, and deletion.
6.
Personal Data: Any information that identifies or can be used to identify an individual, either
alone or when combined with other information.
7. Personal Information
Controller: The entity that determines the purposes and means of personal data processing.
8. Personal Information Processor: A third party that processes
personal data on behalf of the personal information controller.
9.
Sensitive Personal Information: Information that pertains to an individual’s race, ethnicity,
health, government-issued IDs, and other data considered sensitive under law.
1. B-Hive may collect the following categories of
personal data:
o Contact details (e.g., name, address, phone
number).
o Identification details from government-issued documents.
o Payment information, including credit card or electronic transfer
details.
o Information gathered from B-Hive’s digital platforms,
including website browsing activities, IP addresses, and user interactions.
2. B-Hive collects personal data for the following
purposes:
o To verify identities, maintain communication, and
process payments.
o To comply with legal requirements and court orders.
o To use anonymized data for statistical, research, or analytical
purposes.
o To enhance customer experience through automated means such
as cookies, which allow B-Hive to tailor services to user preferences.
o
To engage third-party service providers for cloud storage, communications, and other necessary
functions.
3. Data is collected through the following means:
o Direct input from clients and customers when
using B-Hive services.
o Automatic collection when individuals interact
with B-Hive’s website or digital platforms.
o Indirect collection
through persons who use B-Hive to recruit business entities for the service sought for and vice
versa.
B-Hive does not disclose personal data to third parties
without consent, except when legally required or necessary for service delivery. Authorized
personnel and partners may access data under strict safeguards. Third-party service providers
involved in cloud storage, email, or messaging services are contractually obligated to handle
personal data in compliance with data protection laws.
1. Right to Information: Data subjects have the
right to be informed about how their personal data is being processed and the purpose for which
it is collected.
2. Right to Access: You can request a copy of your
personal data and details about how it has been processed, the sources from which it was
obtained, and the recipients of the data.
3. Right to Rectification: You
may request corrections to any inaccuracies in your personal data.
4.
Right to Data Portability: Where data is processed electronically, you have the right to request
a copy of your data in a portable format for use in another system.
In line with these rights, B-Hive adheres to the following
data handling policies:
1. Ensuring that data subjects are fully informed
about how their data is processed.
2. Obtaining consent for processing,
unless otherwise justified by law.
3. Providing access to personal data
for review, correction, or deletion.
4. Limiting the collection of
personal data to what is necessary and relevant.
5. Retaining personal
data only for as long as needed to fulfill the purpose for which it was collected, or as
required by law.
6. Implementing secure disposal methods for personal
data that is no longer necessary.
7. Anonymizing personal data before
using it for research or statistical purposes.
To ensure compliance with data privacy regulations, B-Hive
has appointed a Data Protection Officer (DPO) responsible for overseeing all data protection
activities. Should you have any concerns or inquiries regarding B-Hive's data handling practices,
you can contact the DPO through:
B-Hive implements a range of security measures to protect
the personal data it collects. These include firewalls, encryption during transmission, and physical
safeguards. Additional safeguards include:
1. Secure backup and redundancy systems to prevent
accidental data loss.
2. Regular network monitoring to detect
vulnerabilities.
3. Confidentiality obligations for employees and
contractors with access to personal data.
4. Data breach protocols that
ensure timely notification and preventive measures in the event of a breach.
Despite these efforts, B-Hive emphasizes that no method of
transmission or storage is completely secure. Any data you transmit is at your own risk. In the
event of a breach, affected individuals will be informed in accordance with applicable laws.
B-Hive only retains personal data for as long as is
necessary to meet the purpose of collection, or as required by law. Personal data is securely
disposed of after this period through methods such as:
1. Shredding physical records within 30 days of
opt-out requests.
2. Removing electronic records from active databases
and third-party tools.
Personal data shared with third-party processors is subject
to the following conditions:
1. Data is encrypted during transmission and
storage.
2. Processors are required to comply with B-Hive's privacy
policies and undergo security reviews.
3. Third-party processors must
delete or destroy personal data when it is no longer needed.
B-Hive may update this Privacy Policy from time to time. Any
changes will be reflected in the latest version. By continuing to use the Services after updates,
you acknowledge and agree to the revised terms of the policy.