General

Welcome to QAUBAN, powered by Blaggo. Blaggo (the System) is a utility engagement app owned and developed by Nexity Technology. These Terms of Use (“Terms”) shall manage your use of QAUBAN. By accessing, registering, or using the Service, you accept and agree to be legally bound by the Terms.
These Terms of Use shall be effective, valid and binding from the time you agreed to it and will exist up to the time that it is terminated by you or us, save for those provisions that will remain effective after termination as stated in these Terms, laws or regulations.

Use of QAUBAN

Unless otherwise authorized by Nexity Technology, we grant you a non-exclusive, limited, revocable, non-sub-licensable and non-transferrable right to use QAUBAN for your personal non-commercial use only.
You agree that you will not, directly or indirectly —

1. modify, reverse-engineer, decompile, adapt, publish, redistribute or interfere with or intercept any transaction which is part of QAUBAN;
2. use QAUBAN for any commercial purpose or for the benefit of any third party (save were authorized by Nexity Technology), including renting, selling, leasing or directly or indirectly charging others for the use of QAUBAN;
3. remove, circumvent, impair, bypass, disable or otherwise interfere with any feature of QAUBAN;
4. access, submit or use any data that is not yours, or which you are not validly authorized to access, submit or use;
5. misrepresent or make false or misleading claims regarding QAUBAN;
6. use QAUBAN for any illegal activity, unlawful purpose, or purposes prohibited by these Terms or in breach of these Terms;
7. use any device, software, exploits, or routine, including any virus, Trojan horse, worm, time bomb, robot, spider, data-mining or data scraping tool or cancel bot intended to damage or interfere with the proper operation of QAUBAN or to intercept or expropriate any data from QAUBAN;
8. use QAUBAN in any manner that could damage, disrupt, disable, overburden, or impair the operation of QAUBAN or interfere with any person's use of QAUBAN;
9. while using QAUBAN, upload, post or transmit any material of any type that —
   1. is contrary to any law, statute or subsidiary legislation;
   2. is false, offensive, defamatory, inaccurate, misleading or fraudulent; or
   3. infringes or violates the rights of any person;
10. use QAUBAN to access data not intended for you.

You agree for QAUBAN to create a unique QR code with your data for the purpose of contact tracing, and will only be shared with the Cebu City government for the said purpose.

You agree that the System may send notifications to your QAUBAN account.

You agree to comply with any and all guidelines, notices, operating rules and policies and instructions pertaining to the use of QAUBAN, including any amendments to the foregoing, issued by Nexity Technology from time to time, as well as any applicable laws and regulations.

Disclaimers against Warranty, Representation and Liability

QAUBAN is provided on an "as is" and "as available" basis without warranty of any kind. The accessibility and operation of QAUBAN may rely on technologies outside our control. To the extent permitted by law, Nexity Technology does not make any representation or warranty of any kind whatsoever in relation to QAUBAN and disclaim all express, implied and statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including any representation or warranty —

1. as to the accuracy, completeness, correctness, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchantability, quality or fitness for any particular purpose of QAUBAN; or
2. that QAUBAN or any associated function or feature will be continuously accessible, uninterrupted or error-free, or that defects will be corrected or that QAUBAN and their servers are and will be free of virus or other malicious, destructive or corrupting code, program, or macro.

Nexity Technology will not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including any direct or indirect, special or consequential damage, loss of income, revenue or profit, lost or damaged data, or damage to your device, software or any other property, whether arising directly or indirectly in connection with any of the following —

1. your use of QAUBAN;
2. any loss or unavailability of use of QAUBAN, howsoever caused;
3. any breakdown or malfunction of any equipment system or software used in connection with
4. QAUBAN, whether belonging to us or not, including any electronic terminal, server or system, or telecommunication or other communications network or system;
5. your device, computer or other electronic hardware not working or functioning properly;
6. any inaccuracy or incompleteness in, or error or omission in the transmission of data or any other content made available or accessible via QAUBAN;
7. any delay, failure, or interruption in the transmission of data or any other content made available or accessible via QAUBAN, whether caused by delay, failure, or interruption in transmission over the internet or otherwise;
8. any decision made or action taken by you or any third party in reliance upon QAUBAN or any data or any other content made available or accessible via QAUBAN; or
9. any virus or other malicious, destructive or corrupting code, program or macro in QAUBAN.

You acknowledge that your use of QAUBAN contains the possibility of human and machine errors, inaccuracies, omissions, delays, unavailability and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree that you will not hold Nexity Technology liable in any way whatsoever for the said loss or damage. You agree that you use QAUBAN at your own discretion and risk and that you will be responsible for any loss or damage suffered by you and to your device, or loss, damage to, or corruption of data that results from the use of QAUBAN.

You will not rely on QAUBAN to claim or assert any form of legitimate expectation against Nexity Technology, whether or not arising out of or in connection with our roles and functions as a private company.
Without prejudice to the foregoing, no action may be brought by you against Nexity Technology, under these Terms or related to QAUBAN, more than one (1) year after the cause of action arose.

Reservation of Rights

Nexity Technology reserves the right to change, modify or supplement these Terms at our discretion and at any time, by posting the changed, modified or supplemented Terms on or through QAUBAN, or through such other means as Nexity Technology may deem appropriate. Your continued use of QAUBAN following the posting of any change, modification or supplement will constitute your acceptance of such change, modification or supplement. If you do not agree to any change, modification or supplement to these Terms, please do not use QAUBAN.

Nexity Technology reserves the right to —

1. update, enhance, upgrade, reduce, or otherwise modify or vary QAUBAN, at any time, for any reason, with or without notice to you. These Terms will apply to all such updates, enhancements, upgrades, reductions, modifications or variations to QAUBAN;
2. suspend the use of QAUBAN, during times of maintenance (whether scheduled or unscheduled), without notice or liability to you whatsoever;
3. deny or restrict the use of QAUBAN to you without ascribing any reasons and without liability to you whatsoever;
4. discontinue or terminate QAUBAN, at any time without notice or liability to you whatsoever, whereupon all rights granted to you under these Terms will also terminate immediately; and
5. if your use of QAUBAN is in breach of these Terms, we may immediately disable your use of QAUBAN without notice and to take all such action as we consider appropriate, desirable or necessary.

Nexity Technology retains the discretion in determining whether or not to provide maintenance and support services for QAUBAN, and if so, the type and nature of such maintenance and support services.

Intellectual Property

You acknowledge that Nexity Technology owns all titles, rights and interest, including intellectual property rights, in and to QAUBAN, including any software therein. The QAUBAN app name is suggested by the Cebu City Emergency Operations Center (EOC) to be used for this QR app. You will not do or permit any act which is directly or indirectly likely to limit our titles, rights or interest in and to the same. Unless otherwise expressly permitted by law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from QAUBAN. Without limiting the foregoing, you will not use in any way and will not reproduce any trademark, logo, trade name and similar mark that is associated with QAUBAN, without Nexity Technology’s prior written consent.
Nexity Technology does not represent or warrant that the use of QAUBAN by you will not constitute an infringement or misuse of any third party right, including intellectual property rights.
No part of QAUBAN may be reproduced or reused without Nexity Technology’s prior written permission.

Indemnity

You agree to indemnify Nexity Technology and hold Nexity Technology harmless from and against any and all claims, losses, liabilities, costs, and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by Nexity Technology howsoever arising directly or indirectly out of your access to or use of QAUBAN, or your breach of any of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with laws of the City of Cebu and of the Republic of the Philippines.

Privacy Policy

Privacy information submitted via QAUBAN will be treated in accordance with our Privacy Policy. In using this application, you agree to be bound by the Privacy Policy.