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Terms of Use

Effective: November 1, 2022

 

1. General

DMCI Holdings, Incorporated, its subsidiaries and affiliates, including D.M. Consunji, Inc., DMCI Homes, Semirara Mining & Power Corporation, DMCI Power Corporation, DMCI Mining Corporation and Maynilad Water Services, Inc. (collectively, the “DMCI Group”), are committed to maintaining the trust with users and visitors (“you”) of the DMCI Group website (“Website”) found at www.dmciholdings.com. This Website is owned and made available for use by the DMCI Group primarily to inform the DMCI Group’s stakeholders (which includes that of Semirara Mining & Power Corporation), and the public on the business performance of the DMCI Group.

The information that the DMCI Group makes available on this Website is for general information purposes only. You must not interpret any information on this Website as legal advice or other professional advice.


2. Acceptance of Terms of Use

These Terms and Conditions of Use (“Terms of Use”) govern your access and use of this Website, including any content, functionality, feature, information, materials, data and services offered on or through this Website (collectively, the “Contents”). By accessing, browsing, using, and/or submitting any information and files through this Website, you are expressly accepting and agreeing to be bound and abide by all the terms and conditions contained in these Terms of Use. Please read these Terms of Use carefully before using this Website. If you do not agree to these Terms of Use, you must not access or use this Website. To use certain services and functionalities, you may be subject to service-specific terms in addition to these Terms of Use. If there is conflict between these Terms of Use and the service-specific terms, the service-specific terms shall prevail.


3. Changes to these Terms of Use or the Website

The DMCI Group may, in its sole discretion and for any reason, modify, omit, supplement or amend the Contents and these Terms of Use from time to time, without prior notice or liability to you or any other person. Your continued use of this Website following posting of any revised or amended Terms of Use will constitute your acceptance of such revised or amended Terms of Use.


4. Ownership of Contents

All Contents, including but not limited to trademarks, logos, sounds, photographs, video clips, graphics, texts, logos, button icons, reports, documents, presentations, and software, are, unless otherwise indicated in this Website, copyrights of, owned by or licensed to the DMCI Group and are protected by applicable national or local laws, rules and regulations. Where names and trademarks of other companies or products not owned by or licensed to the DMCI Group are referenced in this Website, they may be protected by applicable national or local laws, rules and regulations in favor of their respective owners. The display of trademarks or tradenames or copyrighted works on this Website does not convey or create any license or other rights in them in your favor or in favor of any visitor or user of this Website.


Any unauthorized use, distribution, reproduction ,and recompilation through any form or means of any or all of the Contents are not allowed without the expressed knowledge and prior written approval of the DMCI Group or their respective owners. You may not modify in any way any part of this Website or any Content thereof. No portion of the Contents may be reprinted, copied, or republished in any form without the prior written permission of the DMCI Group or their respective owners. You may, however, download and copy items such as share information and disclosures displayed for personal, non-commercial use only.


No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, this Website and/or any of its Contents. If you are found to have infringed any intellectual property of the DMCI Group, the DMCI Group reserves all its causes of actions, rights and remedies arising from such infringement.

 

5. Use of the Website

In using this Website, you agree not to: (a) use this Website and/or the Contents for any illegal, immoral, unlawful and/or unauthorized purposes; or (b) use this Website and/or the Contents for non-personal or commercial purposes; (c) remove or disassociate from this Website and/or any Content any restrictions and signs indicating proprietary rights of the DMCI Group or its owner; (d) disrupt or interfere with the security of, or otherwise abuse this Website and/or any Content; € upload, post, or otherwise transmit through or on this Website any viruses, malware or other harmful, disruptive or destructive files; (f) attempt to obtain unauthorized access to this Website or any portions of this Website that are restricted from your access granted by the DMCI Group; and (g) use this Website and/or Contents for any purpose for which they are not intended; and/or (h) infringe or violate any of these Terms of Use.


Certain Contents of the Website may require you to submit or upload documents or information, such as your resume in the Careers section of this Website or the whistleblower reporting form, and provide certain personally identifiable information, including your name, address, phone number (collectively, “Personal Data”). In consideration of your use of this Website, it is your sole responsibility to ensure that the documents, information and Personal Data that you provide through this Website (collectively, “User Contents”) are true, current, complete and correct. Unless otherwise provided herein or required by applicable law, the DMCI Group shall not be responsible for the User Contents that you submit or upload using the Website, including their legality or authenticity.  


The DMCI Group shall have the right to review and monitor the User Contents that are submitted, posted and/or stored on this Website. The DMCI Group reserves the right to remove, delete, or not accept any User Content that you submit or upload that: (a) may be unlawful, threatening, abusive harassing, defamatory, vulgar, or discriminatory; (b) is Personal Data submitted without the consent of the individua to whom it relates; (c) is commercial promotion or spam; or (d) violates any applicable law.


6. Privacy and Cookies

Your submission of Personal Data through or in connection with this Website, including those in the job applications or whistleblower reporting forms, as well as the use of cookies and similar tracking technologies in this Website, shall be governed by the terms and conditions of the Privacy Policy for this Website which can be found here (“Privacy Policy”).


7. Job Application

This Website allows you to submit job applications, including resumes, should you wish to join the DMCI Group and its talent pool. While the DMCI Group welcomes job applications through this Website, your submission of a job application through this Website does not guarantee an offer of employment from the DMCI Group. Your job application will be considered and processed in accordance with the DMCI Group’s hiring and employment rules and policies and any feedback from the DMCI Group relating to your job application will be communicated to the contact information that you provided and not through this Website.


8. Whistleblower Report

This Website contains a reporting channel that is intended to assist persons who believe they have discovered any malpractice, crime, offense or impropriety committed by any officer or employee of the DMCI Group. Such channel requires the reporting person to accomplish a whistleblower reporting form. Said channel and the whistleblower reporting form are not designed to question financial, strategic, operational or business decisions taken by the DMCI Group. They should also not be used in respect of matters which have already been discovered by or disclosed to the DMCI Group and are already subject of ongoing investigation or employee disciplinary proceedings. Any whistleblower report shall be considered and investigated in accordance with applicable law and applicable policies of the DMCI Group. Any feedback from the DMCI Group relating to a whistleblower report will be communicated to the contact information provided in the whistleblower reporting form and not through this Website.

 

9. Disclaimer of Warranties

You acknowledge that your use of this Website, including any Content, is at your sole risk, and that you assume full responsibility for all risks associated therewith. The DMCI Group provides this Website and the Contents on an “as is” and “as available” basis, without any warranty whatsoever, whether express or implied. The DMCI Group makes no express warranties or guarantees about this Website and the Contents. To the extent permitted by applicable law, the DMCI Group disclaims implied warranties, including any warranty that any Content is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The DMCI Group does not guarantee that this Website or any Content will meet your requirements, is error-free, reliable, accurate, timely, useful, adequate, complete, or suitable, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by the DMCI Group. The DMCI Group shall not be responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers or other similar channels.


This Website may contain links to other websites or resources and businesses operated by third parties. The inclusion of any linked website does not imply approval, endorsement, or recommendation of the material on such websites or any association with their operators by the DMCI Group. Your use of any hypertext link is entirely at your own risk. The DMCI Group does not make any warranty whatsoever, whether express or implied, as to third party websites that you link to or access through this Website.


10. Limitation of Liability

If you choose to use this Website, including any Content, you must do so at your own risk. To the fullest extent allowed by applicable law, under no circumstance will the DMCI Group be liable to you for, and you hereby knowingly and voluntarily release the DMCI Group from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of this Website or the Contents, your inability to use this Website irrespective of the cause of that inability, any delay in or interruption of your use of this Website regardless of the cause of the delay or interruption, any corruption of any data that is transmitted by you to the DMCI Group via this Website, or transmitted by the DMCI Group to you by any method whatsoever, your reliance upon any Content, any intentional or unintentional disclosure or publication of any User Content transmitted, submitted or uploaded by you through this Website, or any other act, omission, matter or thing whatsoever having to do with this Website or any Content.

 

11. Indemnity

You agree to indemnify and hold the DMCI Group and its directors, officers, employees, representatives, agents and consultants, harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action  and suits (whether at law or equity), fees, costs, and attorneys’ fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of this Website or any Content, your breach of these Terms of Use or the Privacy Policy, the User Content you provide to the DMCI Group through this Website, or any negligent or wrongful action or omission by you, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.


12. Force Majeure

The DMCI Group shall not be liable for any damage, claims, liabilities, losses, costs, and expenses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of a public enemy, war, riot, flood, typhoon, earthquake, pandemic, natural disaster, civil commotion, insurrection, severe weather conditions or any other cause beyond the DMCI Group's reasonable control.


13. Waiver and Severability

The DMCI Group’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any of its provision or any of the DMCI Group’s rights or remedies.


If any provision of these Terms of Use is declared illegal or unenforceable, its invalidity shall not affect the other provisions of these Terms of Use that can be given effect without the invalid provision. If any provision of these Terms of Use does not comply with any applicable law, such provision to the extent possible shall be interpreted in such a manner as to comply with applicable law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.


14. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination or invalidity thereof shall be settled by arbitration in the Philippines by one arbitrator in accordance with the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary in connection with these Terms of Use, the parties may seek appropriate relief before the courts of Makati City, Philippines to the exclusion of other courts or venues.

 

15. Contact Us

If you require additional information regarding these Terms of Use and/or this Website, please contact us at:
Email: [email protected]