TERMS AND CONDITIONS
Latest publication on 18 June 2014
Welcome to the My Sun service of Digitel Mobile Philippines (hereinafter referred to as “DIGITEL/SUN CELLULAR”, “we”, or “us”) found at https://my.suncellular.com.ph ("My Sun portal") owned and operated by DIGITEL/SUN CELLULAR as part of the DIGITEL/SUN CELLULAR website (“Site”) found at www.suncellular.com.ph. In addition to the Content and the services provided by DIGITEL/SUN CELLULAR through the My Sun portal ("Services"), My Sun may provide you with various opportunities to submit information, content and participate in various Services.
BY USING OUR WEB SITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE FOLLOWING TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL BE TAKEN AS YOUR ACCEPTANCE OF THE AMENDED TERMS AND CONDITIONS.
1.Description. My Sun allows you to have one common Username and Password for all of its website services and applications. With this, you can log in once and gain access to all systems without being prompted to log in again at each of them. My Sun users don’t need to remember so many passwords to log in to different systems or applications.
2. Scope. My Sun shall handle the Registration and Login for DIGITEL/SUN CELLULAR.
3. Registration, Passwords and Security. Whenever you provide us information using the My Sun service, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, DIGITEL/SUN CELLULAR may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify DIGITEL/SUN CELLULAR of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which DIGITEL/SUN CELLULAR may otherwise have, DIGITEL/SUN CELLULAR reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, DIGITEL/SUN CELLULAR may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall DIGITEL/SUN CELLULAR be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of DIGITEL/SUN CELLULAR under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that DIGITEL/SUN CELLULAR makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
4. Account Verification. You shall have a specified number of hours to verify your account. Verification instructions shall be sent to your email address or your mobile number.
5. Log-in and using My Sun Account. You shall login using any of your verified username and password combination.
6. Linking your Mobile/ Broadband/ to My DIGITEL/SUN CELLULAR Account. You shall be able to link multiple postpaid and prepaid DIGITEL/SUN CELLULAR accounts. It is your responsibility to verify all Mobile/ Broadband Numbers that you wish to link to your account.
It is your responsibility to ensure that you verify your Mobile/ Broadband and DIGITEL/SUN CELLULAR will not be liable for any loss or damages that may ensue from your lack of action.
If a user has already linked a Mobile/ Broadband, that Mobile/ Broadband/ can still be linked by other users as long as the user follows and satisfies the account linking rules.
You can delink a Mobile/ Broadband from your account. If a Mobile/ Broadband is delinked successfully, the user shall be informed via email and text messaging.
7. My Sun Transactions. The transactions in My Sun are the My DIGITEL/SUN CELLULAR Accounts.
8. Forget Password. As the account user, you are solely responsible for your password. In case you forget your password, you may reset it by supplying your email address or any of your linked Mobile Numbers. A password reset instruction shall be sent to your email address. When you visit the unique link to reset your password, you will be asked to enter you new Password and to retype this new Password.
9. Security Policy. To protect you from susceptibility of Internet risks while retaining customer information confidentiality, My Sun is equipped with the following security mechanisms to safeguard your transactions with us:
- 128 Bit SSL. Secured Socket Layer (SSL) is a security protocol specifically created to protect Web-based online transactions. It provides an encrypted link when you communicate with us to ensure that the information submitted between My Sun and your end is secure.
- VeriSign. On top of SSL, My Sun is verified by VeriSign. VeriSign is the leading Secure Sockets Layer (SSL) Certificate Authority enabling secure e-commerce, communications, and interactions for Web sites. VeriSign is the trusted provider of Internet infrastructure services for the digital world.
This policy covers how My Sun treats personal information that DIGITEL/SUN CELLULAR collects and receives. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that My Sun does not own or control, or to people that My Sun does not employ or manage.
Information Collection and Use. My Sun collects personal information through the following:
- when you register with My Sun;
- when you use My Sun services;
- when you visit My Sun pages; and
- when you enter promotions.
My Sun may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, billing address, email address and zip code. Once you register with My Sun and sign in to our services, you are not anonymous to us.
My Sun automatically receives and records information on our server logs from your Broadband devices, including your IP address, My Sun cookie information, and the page you request. My Sun uses information for the following general purposes:
- customize the advertising and content you see;
- fulfill your requests for products and services;
- improve our services;
- contact you;
- conduct research; and
- provide anonymous reporting for internal and external clients.
Information Sharing and Disclosure. My Sun does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
Cookies. My Sun may set and access My Sun cookies on your computer.
Your Ability to Edit and Delete Your Account Information and Preferences. You can edit your My Sun Account Information at any time.
We reserve the right to send you certain communications relating to the My Sun service, such as service announcements, administrative messages and the My Sun newsletter, that are considered part of your My Sun account, without offering you the opportunity to opt-out of receiving them.
11. Force Majeure. Neither DIGITEL/SUN CELLULAR nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
12. DISCLAIMERS. YOUR USE OF THIS PORTAL AND SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. WHILE WE TRY TO OUR BEST TO PROVIDE THE MOST ACCURATE AND UP TO DATE INFORMATION, DIGITEL/SUN CELLULAR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. SOME INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND DIGITEL/SUN CELLULAR DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
13. LIMITATIONS OF LIABILITY. DIGITEL/SUN CELLULAR does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or Broadband using this Web site, or your downloading of any information or materials from this Web site. We do not guarantee continuous, uninterrupted or secure access to our Web site or Services, and operation of the Web site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL DIGITEL/SUN CELLULAR, OR ANY OF ITS OFFICERS, DIRECTORS, BOARD OF TRUSTEES, EMPLOYEES, SPONSORS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SERVICE, ANY WEB SITES LINKED TO THIS WEB SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT DIGITEL/SUN CELLULAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SERVICE.)
14. Indemnity. You agree to defend, indemnify and hold DIGITEL/SUN CELLULAR harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with:
- (a) the use of the Site or the Internet or your placement or transmission of any message or information on this Site by you or your authorized users;
- (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above;
- (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
- (d) your violation of any law, rule or regulation of the Republic of the Philippines or any other country;
- (e) any claim or damages that arise as a result of any User Submission that you provide to DIGITEL/SUN CELLULAR; or
- (f) any other party's access to and use of the Site with your unique username, password or other appropriate security code.
15. Release. In the event that you have a dispute with one or more other users of the Site, you release DIGITEL/SUN CELLULAR (and our officers, directors, board of trustees, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16. Applicable Laws and Venue. This Service and Site is created and controlled by the DIGITEL/SUN CELLULAR in the Republic of the Philippines. The laws of the Philippines will govern these Terms and Conditions (without giving any effect to the principles of conflicts of laws) as such laws are applied to agreements entered and to be performed entirely within the Philippines by its residents. Any action to enforce these Terms and Conditions will be Broadband sought exclusively in the Philippine courts in Makati City, and all parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by DIGITEL/SUN CELLULAR from its offices within the Philippines. The Company makes no representation that materials in this Site are appropriate or available for use in other locations, and does not guarantee access to them in territories where any of the contents of this site are illegal or prohibited. If you choose to access this Site and the Service from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
17. General. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the Republic of the Philippines. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by DIGITEL/SUN CELLULAR in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 15 (Limitations of Liability), 16 (Indemnity), and 17 (Release) shall survive any termination or expiration of these Terms and Conditions, your access to the Site or use of the Services.
18. Entire Agreement. These Terms and Conditions are the entire agreement between the user and DIGITEL/SUN CELLULAR and supersede any prior understandings or agreements (written or oral). If you do not agree to these Terms and Conditions, please log-off and do not continue accessing the Site.
19. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us through the email address provided in the Contact Us Page.
20. Copyright Notice. All Web site design, content, graphics, text selections, arrangements and all software are Copyright © 2014, Digitel Mobile Philippines. ALL RIGHTS RESERVED.