Terms & Conditions     •

MenosGastos MenosGastos.com.ph Menosgastos.net (collectively, the "Site") is offered by MenosGastos Trademark owner Digital Visions Philippines ICT Services Inc (hereinafter referred to as "MenosGastos") to the General Public acting in capacity as advertiser and/or site visitor (collectively, the "User"). Use of this Site in any manner and to any extent constitutes User agreement to abide by the following Terms and Conditions (the "Terms").

MenosGastos reserves the right, at its sole discretion, to change, modify, add or remove any portion of this agreement, in whole or in part, at any time or reason, availability of any Site feature, database, or content.You do not need to be notified of such changes if you are a User and if the changes effect your usage. Your use of the Site constitutes your acceptance of such changes and agreements contained herein and such changes may be applied retroactively on the discredtion of MenosGastos. MenosGastos also reserves the right to deny access to this Site to anyone at any time. We may monitor your use of this Web Site. Site Privacy Policy limits the use of information provided by User to MenosGastos  and its affiliates only. However, MenosGastos may freely use and disclose any information and materials received from you or collected through your use of the Web Site for any lawful reason include requests from Law Enforcement entities.

This Site contains information, advice, opinions, links to third-party Web sites, and material from third-party information and content providers. Neither MenosGastos nor these third-party providers represent or endorse the accuracy, completeness, or reliability of any advice, opinion, statement, or other information presented on this Site by MenosGastos, third-party providers, third-party Web sites, or by any other person or entity to you. Neither MenosGastos nor its third-party information or content providers, nor any of their respective affiliates, agents, or employees, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, usefulness, validity, deletion, defect, failure of performance, computer virus, communication line failure, or alteration of or use of any content or link herein, regardless of cause, or for any damages resulting there from. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Consent. User agrees to provide contact information when posting ads, comments and signung up for notifications. Usage of this site and providing contact information herein shall be considered as opt-in to received messages from and through MenosGastos. User agrees not to flag such messages as spam or phishing or in any derogatory manner regardless of format.

Responsible Use. User represents, warrants and covenant he shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site, including "spamming" by way of multiple placement of identical ads  (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) constitute or contain false or misleading indications of origin or statements of facts.

Advertising Only. You may post, view and download the materials at this Site only for your personal or direct company use in relation to the advertisement only. You may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from the materials or use them in any way for any other public or commercial purpose.

Account Limits. You may only have one account per person or Company. Duplicate accounts or other types of methods used to alter User reputation or to impersonate another Account are deemed unacceptable and will result in the deletion of the accounts and cancellation of advertisements.

Your Liability. You shall indemnify and hold harmless MenosGastos and all those related to its immediate operations, including affiliates, from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees which result from your misuse of this Site in any fashion, any violation of these Terms, or the failure to fulfill your obligations here. In such event, you will cooperate fully with us. Any legal dispute shall be filed Courts in the City of Makati, Philippines.

You acknowledge that you have read the Terms and Conditions of use and that you accept the terms thereof. If you do not agree to these Terms, you may not access or otherwise use this Site. Printed versions of these Terms and Conditions is valid only at the time of printing.

 

Cybercrime Prevention Act of 2012 (Republic Act No. 10175) Full text is available at http://www.gov.ph/2012/09/12/republic-act-no-10175

The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery.
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.


(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.



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