By accessing or using any part of the site (teko.ph.), the application, the service and/or content (i.e. any information, data, or other content or materials appearing or otherwise made accessible on or through the site or application), Service Users and third-party Service Technicians agree to be bound by these Terms, which shall govern your access to and use of the service of TEKO Solutions Asia, Inc. (TEKO).
Modifications, updates and/or improvements to the site, application, services and/or content are likewise covered by these Terms. TEKO may, at any time, without prior notice, at its sole discretion, modify, amend, change in part or in whole the Terms by posting such to the site. Continued access or use of the site, application, service or content, after said posting signifies Service Users’ and third-party Service Technicians’ unqualified acceptance of the modification, amendment and/or change, which are effective, retroactively, on the day of posting.
The Service Users and third-party Service Technicians hereby voluntarily give their consent to TEKO to use for any lawful purposes and/or share your personal information to third parties.
Accessing and/or using of the site, application, services and/or the content may be subject to specific laws, domestic and international. The Service Users and third-party Service Technicians assume full and sole responsibility to ensure that they access and/or use the services and the content only in compliance with such applicable laws.
TEKO does not and cannot warrant that the site, application, services and/or the content is legal outside the Philippines. The Service Users and third-party Service Technicians assume full and sole responsibility if they opt to access the site, application, services and/or the content outside the Philippines.
TEKO, The Platform, shall connect Service Users and third-party Service Technicians.
2. Relationship of the Parties
TEKO is a technology company. It is not a service center nor a parts depot center. TEKO merely provides a link to Service Users to third-party Service Technicians. TEKO is not responsible nor liable to the Service Users and third-party Service Technicians for any damage, loss, injury, and/or death in relation to the services received or rendered through TEKO’s site or app.
3. Definition of Terms
Account – means any duly registered account which is required to be accessed to use the Platform, either by the Service User or third-party Service Technician.
Agreement – means the Terms and Conditions agreed to by a Service User or Service Technician which are binding upon its Acceptance.
Platform - means the website and application on which the Service request is made. It includes:
- Requesting/Accepting Service requests
- Facilitating quotations of services from third-party Service Technicians to Service Users;
- Other related services.
Service Technicians – any technically skilled person who has duly registered for the purpose of offering or making his/her Services available to the Service Users. A person is presumed to be technically skilled if he/she is duly certified by the Technical Education and Skills Development Authority (TESDA) as such, or has completed technical skills training from a TESDA accredited institution/school, or completed a technical course from any reputable college/university, or has at least 5 years solid direct experience – evidenced by a certification under oath.
Service User – means any person, natural or juridical, who has duly registered and used the Platform to request services offered by the third party Service Technicians, whether the service was completed or not.
Services – includes cleaning, diagnosis, installation, repair, and preventive and/or periodic maintenance services.
User – means the Service User or the third-party Service Technician or both, as may be applicable.
You/Your – may refer to the Service User or the third-party Service Technician or both, as may be applicable.
4. User’s Representations and Undertakings:
By submitting your account application, you confirm the following:
- You are over 18 years of age.
- You intend to be either a Service User or a third-party Service Technician.
- All the information you have entered in this website either as a Service User or Technician are true and correct.
- Your use of the website does not violate any applicable law or regulation, which you are subject to.
- You undertake to pay for any Services requested through the use of the website.
- You acknowledge and agree to TEKO’s fees and its related policies.
- You acknowledge and agree that the third-party Service Technician is personally and solely responsible and liable for any claim for damage, loss, injury, and/or death related to the service provided or failed to provide.
- You agree that The TEKO Platform is provided “as is” and without warranty.
- You agree that The TEKO Platform is a technology platform providing a way for accredited service technicians to offer services to the duly registered Service Users.
- You undertake to pay any and all fees for booking third-party Service Technicians through The TEKO Platform.
- You undertake to hold TEKO free and harmless from any and all forms and types of dispute in relation to the service provided by the third-party Service Technician.
5. The TEKO Platform (Function and Requirements for Use)
The TEKO Platform is a communications platform that enables individuals or businesses (Service Users) to seek and obtain the professional services of accredited third-party Service Technicians. TEKO and The TEKO Platform do not provide professional services. TEKO shall not be responsible or liable for any services provided or failed to be provided by third-party Service Technicians, including any damage or breakage that may occur during and/or after the services have been performed.
The Service Users must exercise caution and due diligence to protect their property and personal safety. By the use of The TEKO Platform, the Service User agrees to hold TEKO free from any and all claims for damages, loss, injury and/or death that may arise from dealing with third-party Service Technicians, their conduct, and all the Services they provide.
6. Use of the Website:
While the Website may be accessed without first registering, full access to teko.ph Services is only possible after you have creation of an Account, where you would be required to provide your personal information and to create a Password, which you shall be solely responsible for, along with the following:
- You shall ensure that your Password is secured. However, you are expected to notify TEKO of any breach to your Account’s security or any suspicion of its unauthorized use.
- All transactions from your account shall be considered to have been made by you and you shall be responsible for the said transactions. TEKO shall be free and harmless from any responsibility or liability in relation to wrongful or fraudulent use of your Account.
- You are expected to provide true, correct and accurate Information in your Account.
- You shall not use any automated system and/or scripts including but not limited to “robots”, “spiders”, “offline readers”, “scrapers”, etc. to access the Website or any of its sub websites without prior written authorization from TEKO.
- You shall not open an Account for the sole purpose of collecting any information of the Service Technicians, soliciting them for employment, or contracting any business with them without prior consent of TEKO.
- You shall not use the Website with the intention of collecting in any manner any personal data of its Users for commercial or solicitation purposes.
- You shall not use the Website communication systems for any commercial or solicitation purposes.
- You shall not submit or send request messages which TEKO’s Server cannot at a given time handle over the same period of time a person can handle by using conventional online web browser or mobile application. Provided however, that operators of public search engines may use spiders or robots to copy materials from the site for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TEKO reserves the right to revoke the exceptions, as it may be deemed necessary.
- You shall not alter or modify any part of the Website without written consent of TEKO.
- You are prohibited from copying or distributing any content or information in the Website without TEKO’s written authorization.
- You shall not in any manner alter, modify, distribute, copy any part of the Website.
- You shall not post any illegal, false, malicious, inaccurate, unauthorized, inappropriate, information or content in the Website.
- You shall not violate any applicable laws, third party-rights when using this Website.
- You shall not in any manner change the billing process or structure found in the Website.
- You shall not post any false or inappropriate feedback ph.
- You may not use or access the Website that in any way adversely affects the performance or function of TEKO’s Services or the Website or interferes with the ability of authorized parties to access its Website.
If you are using the Platform either as a Service User or Technician, you are bound by the following:
- You warrant that all the information you have provided in the Website are true, correct and accurate.
- You have the authority to represent and bind the legal entity in which you are connected to.
- You are qualified to and can perform the Services offered in this Platform and/or required by Service Users with reasonable care and skill.
- You acknowledge the right of the TEKO to verify the Information which you have provided in this Platform.
- You will not use the Website or any information regarding your profile or services in any manner to promote or market your own services or promote services which are not offered by TEKO.
- You will not solicit or offer your services directly to the Service Users, at any time.
- You are strictly prohibited from recording video footage at Service Users location without explicit and prior consent from the Service Users. Additionally, the taking of photos that may reveal the Service Users' location and belongings is also prohibited unless express consent is obtained from Service Users.
- You shall ensure that your services are deemed satisfactory by the Service Users.
- You agree to rectify any issues/back-jobs within thirty (30) days reckoned from the 5th day after completion of requested service or rectification.
- You agree to be bound by any other Guidelines which would govern the performance of the requested Services and are required of Service Technicians using The TEKO Platform.
- You shall be responsible for issuing a valid Official Receipt (OR) to the Service Users after collecting the service fee.
- You are solely responsible for any liabilities resulting from the non-issuance of an OR and resolve them with respective authorities and Service Users.
- You shall be fully compliant with all government mandated requirements to transact with Service Users and any non-compliance shall be solely managed by the technician.
- You shall pay all your own taxes due as a result of the Services facilitated through this Platform in accordance with Philippine laws.
- You will not use the Website contrary to the Terms and Conditions which you have agreed to.
- You acknowledge your financial responsibility upon the use of the Services provided in the Platform and you shall not use the Platform knowing that you have no intention of paying, you have no ability to pay the Services you have requested or cannot meet your obligations to the Service Technicians.
- You shall ensure payment of the Services purchased by you unless the Service Technicians failed to perform the Services which you have requested; altered the description of the Services already agreed upon, there is an apparent clerical error on the quotations, or you doubt the identity of the Service Technician.
- You shall not use the Platform for any fraudulent purposes such as but not limited to using any pricing, quotation or any other information found therein for business purposes, commercial interests or for any other illegal purposes.
- You understand the limitations on the warranty and liability of TEKO with respect to your requested Services.
- You shall report any issue arising from a repair Service within five (5) days from the completion of the requested Services.
- You acknowledge that the Service Agreement is terminated upon the completion of the Service requested unless TEKO receives a Report of any issue from the Service User within five (5) days from the completion of the Service. In which case, the TEKO will rectify the issue, subject to the Limitations of Liability set forth in this Terms.
8. PAYMENT FOR SERVICES
You understand and agree that there will be “Charges” for the services rendered by the third-party Service Technicians. After you have received services obtained through your use of the Service, TEKO will facilitate payment of the applicable Charges on behalf of the third-party Service Technician, solely as such third-party Service Technician's limited payment collection agent, using the preferred payment method you have designated when initiating or modifying your Account, and will send you a receipt by email at the end of each session. By utilizing the Services, it is understood and agreed that payment of the Charges in such manner shall be considered the same as payment made directly by you to the third-party Service Technician. Charges will be inclusive of applicable taxes where required by law. Charges paid are final and non-refundable.
You understand and agree that (i) all Charges are immediately due and demandable and (ii) payment will be facilitated by TEKO using the preferred payment method you have designated when initiating or modifying your Account. If your primary Account payment method is determined to not be able to be charged for any reason whatsoever, you agree that TEKO may, as the third-party Service Technician's limited payment collection agent, use a secondary payment method in your Account, if available.
TEKO reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in TEKO's sole discretion. You will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Subject to existing laws and regulations (i.e. DTI regulations), TEKO may, from time to time, provide random Service Users with random promotional offers and discounts which may result in different Charges for similar Services.
9. Cancellations & Refund
Service requests may be canceled at least 2 hours prior to the service request. Cancellation shall be coursed through the site or app.
A P395 cancellation fee shall be charged against the Service User if cancellation of service request was made beyond 2 hours from request of if the third-party Service Technician is already “on-site”, whichever comes first.
If you have been charged in error or have questions about your charges, please contact TEKO at firstname.lastname@example.org
10. Limitations of Liability
You understand, acknowledge and agree that TEKO shall not be liable for any and all claims for damages, loss, injury, or death in relation to the services provided by the third-party Service Technician. TEKO is likewise not liable in the same manner for the following:
- Any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform.
- The accuracy, completeness, general quality of the service as performed by the third-party Service Technicians.
- Any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, or any Third Persons whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Technicians during the performance of the requested Services and/or to due to force majeure or acts of God.
- Any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim during the performance of the requested Services.
- Any inaccuracy in the Information or Content submitted in the Website by either its Service Users or Technicians as made available in the Platform.
- Any advertisements and third party links or any representations made by any advertisements or third party links which may be found in the Website.
- Any malicious, inappropriate, unauthorized, illegal Content or Information posted by Service Users, Service Technicians or Third Parties in the Website.
- Any infringement of Copyright Laws by any of its Service Users or Service Technicians respecting any Information or Content which they warrant to be theirs.
- Any accuracy or usefulness of any Content submitted by its Service Users or Technicians.
The Website may from time to time contain links to third-party Websites and/or advertisements. These Linked Sites may be provided solely as a convenience to You and not as an endorsement or sponsorship of what they provide. If you decide to access the links and use the advertised contents, you do so at your own risk. TEKO shall not be responsible for any damage or loss caused by the use of these Third-party websites, products or services found in the Website.
Any issues or concerns respecting any third-party goods, products or services should be forwarded to the third party or advertiser concerned.
In the event that the Service User and the third-party Service Technician have a dispute, the Service User and the third-party Service Technician understands, acknowledges and agrees that TEKO is not in any part of the dispute and that they undertake not to involve TEKO in their dispute.
TEKO may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that it believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
14. Intellectual Property Rights
Unless stated otherwise, the software, required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by TEKO.
Any unlawful use of its software, graphics, data, information, photos, sound, music, video in the Platform shall constitute a material infringement of our intellectual property rights and is subject to appropriate proceedings and penalties provided by law.
15. Fees and Taxes
TEKO may charge the Users for the use of its Website and services subject to applicable taxes imposed in the Philippines. It is understood that TEKO may, from time to time, impose additional fees to its Users as it may deem necessary.
16. Complete Agreement
Except as expressly provided in a separate written agreement between you and TEKO, these terms constitute the entire agreement between you and TEKO with respect to the use of the website and the service provided.
17. Governing Law & Venue
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the Philippines. Any and all kinds of claims or disputes shall be resolved by the appropriate courts of Muntinlupa City.