Terms of Services

Effective: January 01, 2023

The Terra.Ph Terms of Services (updated January 2023) frameworks Terra.Ph’s and your obligations and responsibilities on the Terra.Ph Website, App and Services.

Please read these Terms of Service prudently. By creating an account in our platform, you consent that

You have read, understood, and agreed to be bound by these terms of use, including supplementary policies referenced herein and/or referenced by links

You are of legal age to enter into a binding contract with Terra.Ph or you are the in the age of majority in the Philippines and you have given us your consent to allow any of your minor dependents to use this platform

You have the authority to enter into the terms of use personally or on behalf of the company you have named as the user, and to bind that company to the terms of use

The term "you" refers to each and every user of this platform, including without limitation to browsers, vendors, customers, merchants, and/or content creators, whether they are natural persons or businesses. Terra.Ph is referred to as the "Company." The person providing the services necessary to carry out the responsibilities mentioned in a job is referred to as a "Jobseeker." The person who publishes the task to be accomplished is referred to as the "Employer."

YOU MAY NOT ACCESS OR REJECT THE USE OF THIS PLATFORM OR SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE.

A. SCOPE OF TERRA.PH’S PLATFORM
  1. Terra.Ph provides the Terra.Ph platform to enable Employers to advertise/publish jobs.
  2. Jobseekers may make counter-offer in response to a posted job. Jobseekers & users using our services will have access to some of the advertised task specifics in the platform.
  3. Before accepting an offer, an Employer may rescind or change a task detail at any time. All proposals submitted for a posted task made before the update may be canceled by Terra.Ph.
  4. The advertised Task is no longer available to other Jobseekers once an Employer accepts an offer made through Terra.Ph platform. If it is required, Terra.Ph may, in its sole and unfettered discretion, make a listed task available once more to other Jobseekers.
  5. After an offer is accepted, the Employer and Jobseeker explicitly binds themselves to enter into a Job Contract that describes the duties of each party to the other and includes details on the Services, Agreed Price, start date, termination date, and anticipated duration of the Posted Job. To update or modify the Job Contract (including the Agreed Price), as well as to communicate in any other way, the Employer and Jobseeker are urged to use Terra.Ph's private messaging system.
  6. Before providing Services through the Terra.Ph platform, Terra.Ph may, in its sole discretion, request that Users complete and submit additional documents for verification purposes. Users must fill out and/or submit any other necessary documents that Terra.Ph deems necessary for government regulatory and compliance purposes.
  7. Job Contract's obligations not being fully carried out, as acknowledged and agreed by both the Employer and the Jobseeker, but a promise to modify the agreement is enforceable if it is fair and equitable in light of circumstances that were not anticipated by the parties at the time the agreement was made. However, any agreement between the Jobseeker and the Employer made outside the Terra.Ph platform without the use of the Terra.Ph private messaging system shall not make the company liable or responsible for any unfortunate event or whatever is outcome of the said private agreement between the two parties.
  8. Upon creation of a Job Contract, the Employer must pay the Agreed Price upfront using Terra.Ph's Platform.
  9. The payment made by the Employer upon creation of a Job Contract shall be escrowed by the Terra.Ph platform for security of both contracting parties.
  10. Upon creation of the Job Contract, Terra.Ph has rendered Terra.Ph its services as a third party platform which makes the Transaction Fee and Convenience fee due and payable.
  11. If either party wishes to amend or modify the terms of the Job Contract, including terms regarding time, date, duration, services and/or Agreed Price, the parties may agree to do so and the original promise is still binding if the modification is fair and equitable in view of circumstances not anticipated by the parties when the contract was made. But the modification shall be made through the private messaging system of the platform to be considered as a valid agreement under the Terra.Ph platform subject to the provisions of this terms and conditions.
  12. In the case that the parties agree to modify the contract terms, both parties, the Jobseeker and Employer, must record that amendment or modification on the Terra.Ph Platform via the private messaging system. Failure to update the Job Contract with amendments or modification may result in cancellation or suspension of the User’s account, including removal of all Tasks and Offers by those Users.
  13. The Original Job Contract remains in effect, and both the Employer and the Jobseeker are required to carry out the obligations indicated in the Original Contract if the parties are unable to come to an agreement over the modification of terms. No responsibilities are owed by Terra.Ph to either party.
  14. The Jobseeker is required to notify in the Terra.Ph Platform through confirming via the “Job Completed” button once the services in the Job Contract are finished.
  15. Once the services in the Job Contract are complete, the Employer must provide notice of completion on the Terra.Ph Platform via the “Release Payment” button.
  16. Once the Posted Task has been completed and the Employer confirms the services are completed, or if Terra.Ph is satisfied that the services have been completed, the Agreed Price will be released by Terra.Ph to the Jobseeker. The Jobseeker will receive the Payment in their Terran Wallet instantly upon release or at least within 2 hours as long as there are no technical issues encountered in the Terra.Ph Platform.
  17. After the Job Contract is completed, the parties are encouraged to review and provide feedback of the Job on the Terra.Ph Platform.
B. TERRA PH’S ROLE AND OBLIGATIONS
  1. Terra.Ph provides the Terra.Ph Application as a Third-Party-Platform only, enabling Users to advertise tasks/jobs and make offers on the job.
  2. Terra.Ph only allows users who are at least 18 years old to register. Nobody under the age of 18 is intended or targeted for use of Terra.Ph Platform or services. If you are under the age of 18, you are not permitted to use the services or create an account. We reserve the right to take action to prevent access to the Service, including terminating that individual's account, if we later learn or suspect that a person is below 18 years old.
  3. Users must be natural persons, but can specify within their account description that they represent a Business entity. Employees working for a business that is registered as a User acknowledge that they are agents of the Business registered as a User and that the Business is fully liable for acts performed within the scope of their duties and obligations as an employee. Businesses registered as Users fully acknowledge that their employees are their agents and are completely liable for any acts performed by their employees that are within the scope of their duties and obligations as an employee.
  4. In its absolute discretion, Terra.Ph may refuse to allow any person to register or create an account with Terra.Ph or cancel or suspend or modify any existing account including if Terra.Ph reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Terra.Ph Platform.
  5. In its absolute discretion, Terra.Ph may modify or make changes to the Website, App, and Services at any time for any reason without notice, including but not limited to content changes. The Company has no obligation to make updates to information. You agree that it is your responsibility to monitor changes to Terra.Ph’s content.
  6. Registering and creating an account with Terra.Ph is free. There is no charge for an Employer to post or for other Terra.Ph Users to view content on the Terra.Ph Platform, including posted jobs.
  7. Terra.Ph accepts no liability for any aspect of the Employer and Jobseeker interaction, including but not limited to the description, performance or delivery of services.
  8. Terra.Ph has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Jobseekers to perform jobs or supply items, or the honesty or accuracy of any information provided by Employers or the Employers' ability to pay for the services requested.
  9. The Terra.Ph SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. To the extent permitted by law, we and our affiliates specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  10. Terra.Ph has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
C. USER OBLIGATIONS
  • You will at all times agree to :
    1. Comply with this Agreement (including all Policies) and all applicable laws and regulations of the Republic of the Philippines.
    2. Only post and submit accurate information on the Terra.Ph Platform.
    3. Ensure that You are aware of any laws that apply to You as an Employer or Jobseeker, or in relation to using the Terra.Ph Platform.
    4. Not use the services or register as a User if you are under 18 years of age. Nobody under the age of 18 is intended or targeted for use of Terra.Ph's app, or services. Only those over the age of 18 may register as Users on Terra.Ph. We reserve the right to terminate a person's access to the service, including terminating that person's User account, if we later learn or believe that they are at least 18 years old.
  • You also agree that you will NOT :
    1. Reproduce, duplicate, reproduce, distribute, republish, download, display, reverse-engineer, sell, resell, or otherwise exploit any part or material of the Website, App, Service, or any contact on the website through which the service is given; use our website, app, or services for any unlawful or unauthorized purpose, or to solicit others to perform or participate in unlawful acts, or violate our intellectual property rights or the intellectual property rights of others;
    2. Submit false, inaccurate, misleading, or deceptive information; or submit or post obscene material or images that, in Terra.Ph’s sole discretion, is any way inappropriate or unlawful.
    3. Collect or track the personal information of others, or use the website or services to spam, phish, pharm, pretext, spider, crawl, or scrape;
    4. Upload or transmit any worms or viruses or any code of a destructive nature or any type of malicious code that will or may be used in a way that will affect the functionality or operation of the website or service or any other websites or the internet;
    5. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    6. Use manual or automated software to download data from the website or services, break, copy, recreate, republish, or reverse engineer the website or services;
    7. Use or access the website or services to build a competing or similar website; (i) use or access the website or services for any obscene or immoral purpose; or
    8. Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
    9. Infringe on Terra.Ph’s or any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  • By posting or providing content to the website, application, or services, you grant Terra.Ph a perpetual, worldwide, royalty-free license to use, reproduce, edit, distribute, translate, publicly perform, or create derivative works from such content for any purpose, including promotional and commercial ones in any format. You do not owe us any of the following obligations: (1) to keep any comments private; (2) to compensate you for any remarks; or (3) to answer any comments.
  • You agree you will maintain control of your Terra.Ph account at all times. Including not permitting others to use your account or transferring or selling your account or any of its content to another person.
  • You agree that any information you supply or publish to Terra.Ph will be up to date and kept up to date and is a truthful representation of the information requested.
  • You agree that Terra.Ph may from time to time engage location-based or map-based functionality. The Terra.Ph Platform may display the location of Employers and Jobseekers to persons browsing the Terra.Ph Platform. An Employer should never disclose personal details such as the Employer's full name, street number, phone number or email address in a Post or in any other public communication on the Terra.Ph Platform.
  • If You are a Jobseeker, You have the right to provide Services under an Job Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received under a Job Contract.
  • You must not, when supplying Services, charge an Employer any fees on top of the negotiated Job Contract price.
  • You must not request payments outside of the Terra.Ph Platform from the Employer for the Services except to the extent permitted by clauses stated in this terms of use and only if the Terra.Ph Platform does not facilitate the reimbursement via the Payment Account of costs considered in this document.
  • If a Jobseeker agrees to pay some costs of completing the Services, such as equipment or supplies to complete the Services, the Jobseeker is solely responsible for obtaining any reimbursement from the Employer provided that a valid receipt is presented or the Employer in his discretion agrees to reimburse such item even without a receipt.
  • Terra.Ph strongly advises Jobseekers not to agree to incur costs in advance of receiving the payment for these costs, unless the Jobseeker is confident the Employer will reimburse the costs promptly.
  • Employers may ask a Jobseeker for his valid ID when requesting to perform a task as a form of deposit for security purposes and to guarantee that he will comply with the task agreed in the Job Contract.
  • An offense or warning policy shall be imposed to any User either Employer or Jobseeker that receives low (2) to very low (1) valid rating for every task completed to ensure that all Users only interact to those who are trustworthy of the services of others. If proven that a low rating is valid and with substance, the user shall be sanctioned as follows: 1st Offense - Warning 2nd Offense-Suspension of account for 3 Days 3rd Offense- Review of account for deactivation
  • If Terra.Ph determines at its sole discretion that any User, Employer, or Jobseeker has breached any obligation under this section or has breached one or more Job Contracts, it reserves the right to remove any content, Posted Job, Offer, or any other material submitted to the Terra.Ph Website, App, or Services or cancel or suspend the User, Employer, or Jobseeker’s account and/or any Job Contracts.
    • D. FEES
  • Upon acceptance of an offer, Terra.Ph has provided its Third-Party Services for an Employer and Jobseeker meet and create a Job Contract, hence, the Transaction and Convenience Fee is therefore due and payable during this event. The Agreed Price kept in the Payment Account will be automatically charged inclusive of the transaction and convenience fees.
  • If the Posted Job requires a Jobseeker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
  • Any costs incurred by the Jobseeker upon performance of the Job shall be subject for reimbursement provided that the employer explicitly agrees of such condition via the private messaging system in the Terra.Ph platform.
  • All Fees and charges payable to Terra.Ph are non-cancellable and non-refundable.
  • Terra.Ph may restrict a User's account until all Fees have been paid.
  • Any withdrawals made by Jobseekers for their earnings in using the Terra.Ph platform shall be subject to 2.5% withdrawal fees which will be automatically deducted in the total withdrawal amount.
    • E. CANCELLATIONS AND REFUNDS
  • If the Job Contract is cancelled by a Jobseeker for any acceptable reason after the Employer’s acceptance of the Offer, or if Terra.Ph is reasonably satisfied that the Agreed Price should be returned to the Employer, then the Agreed Price will be refunded to the Employer.
  • If the Job Contract is cancelled by an Employer for any reason after the Employer’s acceptance of the Offer, or if Terra.Ph is reasonably satisfied that the Agreed Price should be returned to the Employer, then the Agreed Price will be refunded to the Employer and a Cancellation Fee will be due to Terra.Ph by the Employer.
  • Terra.Ph may decide in its absolute discretion to refund the Agreed Price back onto the Employer's Terran wallet or waive the Cancellation Admin Fee. The Employer may be responsible for any cancellation fee associated with a third-party service (e.g. Gcash/Stripe/PayPal).
  • Any amount returned by Terra.Ph to an Employer on behalf of a Jobseeker under the previous clauses will be a debt owed by the Jobseeker to Terra.Ph.
  • Any outstanding Cancellation Admin Fee owed by a User under the previous clauses will be a debt owed by that User to Terra.Ph.
  • Cancellation of an Job Contract will be attributable to the Jobseeker where:
    1. the Jobseeker does not show up for the task; or
    2. the Jobseeker does not have the skills/tools/materials needed to complete the task; or
    3. the Jobseeker is asking for more than the agreed price; or
    4. following reasonable but unsuccessful attempts by an Employerto contact a Jobseeker to perform the Job Contract, the Job Contract is cancelled by the Employer; or
    5. the Jobseeker is no longer available to complete the Job Contract on the scheduled date
    6. a Job Contract is cancelled in as a result of the Jobseeker’s actions or breach.
  • Cancellation Admin fees are charged to the Jobseeker in relation to the above clause; the Jobseeker will be charged 5% of the original task amount, up to One Thousand (Php 1,000) pesos. Terra.Ph reserves the right to find another Jobseeker to complete the task. The initial 10 pesos convenience and transaction fee is non-refundable to the Jobseeker in this situation.
  • Cancellation of a Job Contract will be attributable to an Employer where:
    1. the Employer cancels the Job Contract on purpose
    2. following reasonable but unsuccessful attempts by a Jobseeker to contact the Employer where it is obstructing the Jobseeker’s ability to complete the task; or
    3. a Job Contract is cancelled as a result of the Employer’s actions or breach.
  • Cancellation Admin fees for the Employer will be chargeable if the Employer decides to cancel an assigned task within 48 hours before the date of the task, they will be charged 5% of the task amount, up to Two Thousand (Php 2,000) Pesos. The initial 25 pesos convenience and transaction fee is non-refundable to the Employer in this situation.
  • In a case where the Users clicks “Request Cancellation” due to their selection of cancellation reasoning, Terra.Ph has absolute discretion to make a decision based upon provided evidence from the Jobseeker and Employer, conditional upon the mediation and dispute process stated in this document.
  • Terra.Ph may take up to 14 business days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Employer.
  • If the Job Contract is cancelled and a User who is party to the Job Contract can show that work under a Job Contract has commenced, then the amount of the Agreed Price to be returned to the Employer will be conditional upon the mediation and dispute process clause in this document. However, the Cancellation Admin Fee will always be due.
    • F. PAYMENT FACILITY
  • Terra.Ph uses a Third-Party payment service to operate the Payment Account.
  • Payment processing services for Users on Terra.Ph are provided by Gcash and are subject to the Gcash Account Agreement, which includes the Gcash Terms of Service (collectively, the “Gcash Services Agreement”). By agreeing to these terms or continuing to operate as a User on Terra.Ph, you agree to be bound by the Gcash Services Agreement, as the same may be modified by Gcash from time to time. As a condition of Terra.Ph enabling payment processing services through Gcash, you agree to provide Terra.Ph accurate and complete information about you and your business, and you authorize Terra.Ph to share it and transaction information related to your use of the payment processing services provided by Gcash.
  • If Terra.Ph changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
    • G. THIRD PARTY SERVICES
  • Terra.Ph may from time to time include Third Party Services on the Terra.Ph Platform. These Third Party Services are not provided by Terra.Ph. The company is not responsible or liable for the accuracy of the content, any harm or damages, or the efficacy of other third-party websites that are not affiliated with us.
  • Third Party Services are offered to Users pursuant to the third party's terms and conditions. Terra.Ph provides access to third-party tools “as is” and “as available” without any warranties, express or implied, or any endorsement. Any use by you of optional tools is entirely at your own risk and discretion.
  • If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
  • Terra.Ph may provide links to other third-party websites, but it is not responsible for monitoring their content for accuracy or any other purpose, nor does Terra.Ph warrant any materials, products, or services from third-party sites.
    • H. VERIFICATION
  • Terra.Ph will use Identity Verification Services and all new Users may be subject to a background check before any Services or Posts may be completed through the site.
  • You agree that Terra.Ph Identity Verification Services may not be fully accurate as all Terra.Ph Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
  • Mobile numbers used for account registration are deemed to be registered under your legal name as a requisite in RA 11934 (AN ACT REQUIRING THE REGISTRATION OF SUBSCRIBER IDENTITY MODULE) and should match all the details you provide in the Terra.Ph Platform to verify your identity with veracity.
  • You are solely responsible for identity verification and Terra.Ph accepts no responsibility for any use that is made of a Terra.Ph Identity Verification Service.
  • Terra.Ph Identity Verification Services may be modified at any time.
  • The Terra.Ph Platform may also include a User-initiated feedback system to help evaluate Users.
  • You are solely responsible for obtaining additional verification documents to make sure that the party you are contracting with is reliable and trustworthy.
    • I. VINDEMNIFICATION FEES
  • Terra.Ph will implement an Indemnification System for every Job listed in the Terra Platform once the total number of users hit One Hundred Thousand (100,000) mark.
  • A total amount of Ten Thousand (Php 10,000) pesos or 10x of the job rate listed whichever is higher will be recognized by Terra.Ph as indemnification fee liability for every job listed in the Terra.Ph platform.
  • In case an unfavorable event happens with the Employer or the Jobseeker before the completion of the task as a result of wrongful intentional acts from one party, the company will be liable to pay the said indemnification fee amount to the damaged party.
  • Indemnification claims will be subject for critical review by the reviewing body to be set up or outsourced by the Terra.Ph company once the One Hundred Thousand (100,000) mark users is achieved.
  • Users must make their own inquiries about whether they can avail the indemnification benefits once it is already implemented as stated in the preceding clauses.
  • Any further rules and policiesrelated to indemnification fees shall be stated in a separate Terra.Ph indemnification document once it is already activated.
    • J. LIMITATION OF LIABILITY
  • THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE PARTNER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. TERRA.PH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
  • UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST TERRA.PH BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. TERRA.PH AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE CONTRACTED, INCLUDING BUT NOT LIMITED TO:
  • LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
  • THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR
  • EVEN IF TERRA.PH AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • TERRA.PH DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USER OR PARTNERS AND YOU EXPRESSLY WAIVE AND RELEASE TERRA.PH FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USER OR PARTNERS.
  • TERRA.PH WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN THE JOBSEEKER AND THE EMPLOYER. UNLESS YOU ARE A CORPORATE USER WITH A CURRENT CORPORATE ACCOUNT WITH TERRA.PH, TERRA.PH CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE TERRA.PH FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE PARTNERS.
  • THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE USER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
  • YOU UNDERSTAND THAT IN NO CASE SHALL TERRA.PH OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INTERNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICES, OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS TERMS AND CONDITIONS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    • K. PRIVACY
  • Any personal information volunteered on the Terra.Ph Website, App, or Services is governed by our Privacy Policy
    • L. MODIFICATIONS TO THE AGREEMENT
  • Terra.Ph may modify these Terms or the Policies at any time in its sole discretion without notifying the user.
  • Any changes to the Terms of Use will be effective immediately for all users of Terra.Ph’s Website, App, and Services. Terra.Ph may require you to provide consent to the updated Terms and Conditions before further use of Website, App, or Services is permitted.
  • If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Terra.Ph who will terminate Your Terra.Ph account, and stop using the Terra.Ph Website, App, or Services.
    • M. NO AGENCY
  • No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, you have no authority to bind Terra.Ph, its related entities or affiliates in any way whatsoever. Terra.Ph confirms that all Third Party Services that may be promoted on the Terra.Ph Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Terra.Ph specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
    • N. NOTICES
  • Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Terra.Ph’s contact address as displayed on the Terra.Ph Platform, or to Terra.Ph Users' contact address as provided at registration. Any notice shall be deemed given:
  • If sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
  • Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.
  • You agree that you are responsible for providing Terra.Ph with a valid and your most current email address so that Terra.Ph can provide you with notice. If your email address is not valid or Terra.Ph emailed you at an invalid or old email address provided by you, Terra.Ph’s dispatch of that email containing the notice constitutes effective notice.
    • O. ELECTRONIC COMMUNICATION
  • You agree that emails and online communication for contractual means satisfy the legal requirement that those agreements be in writing.
    • P. ASSIGNMENT
  • The rights and obligations that you agreed to in this Terms of Use are yours and yours alone. You cannot assign, delegate, transfer, or shift these rights and obligations to another by any other means. Any attempt to do so will be considered null and void.
    • Q. ASSURANCE

    You agree to protect, defend and hold Terra.Ph not accountable, including all agents, interns, employees, representatives, suppliers, service providers, licensors, affiliates, officers and directors of Terra.Ph from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, including reasonable attorneys' fees made by any third-party arising out of your breach of these Terms and Conditions and referenced policies, or by your violation or any law, or by your violation of the rights of any third-party

    R. ENTIRE AGREEMENT
  • These Terms of Use and referenced policies are the final, complete and exclusive agreement between you and Terra.Ph and govern your use of the website, services, and products, and supersede all prior discussions, proposals, or understandings between you and Terra.Ph.
  • Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
    • S. SEVERABILITY
  • An issue in one portion of this Terms of Use does not invalidate the other provisions.
  • If any provision or portion of this Terms of Use Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed severed from this Terms of Use agreement so that it is valid and enforceable to the maximum extent permitted by applicable law. These Terms of Use and referenced policies are the final, complete and exclusive agreement between you and Terra.Ph and govern your use of the website, services, and products, and supersede all prior discussions, proposals, or understandings between you and Terra.Ph.
    • T. WAIVER
  • Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • U. GOVERNING LAW & BREACH
  • This Terms of Use agreement and referenced policies therein are governed and construed in accordance with the laws of the Republic of the Philippines. Any action or suit related to this Agreement shall be brought in the Catbalogan City Trial Courts. The Jobseekers and Employers agree to exclusive forum, venue and personal jurisdiction in Catbalogan City Trial Court.
  • The Jobseekers and Employers agree the Company may suffer irreparable harm if this Agreement is breached. Consequently, the Jobseekers and Employers hereby agree that in such a breach event, the Company shall be entitled, in addition to such monetary relief, fees and expenses (including, attorneys’ fees, expert fees, and other professional fees and costs) as may be recoverable by law, but also be entitled to equitable relief including temporary, preliminary and/or permanent injunctive relief as may be necessary to restrain any threatened, actual continuing, or further breach by the Jobseekers or Employers without showing or proving any actual damages sustained by Company, and without any requirement the Company posting a bond or other surety.
    • V. MEDIATION AND DISPUTE RESOLUTION
  • Terra.Ph encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Terra.Ph may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
  • If a dispute arises with another User, You must cooperate with the other User and make a genuine attempt to resolve the dispute.
  • Terra.Ph may elect to assist Users resolve disputes. Any User may refer a dispute to Terra.Ph. You must cooperate with any investigation undertaken by Terra.Ph. Terra.Ph reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Terra.Ph’s determination in an applicable court or tribunal.
  • Terra.Ph has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
  • Terra.Ph may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
  • Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
  • If You have a complaint about the Terra.Ph Service, please contact us at terraservices.ph@gmail.com
  • If Terra.Ph provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Terra.Ph for any costs, losses or liabilities incurred by Terra.Ph in relation to any claims relating to any other use of information not permitted by this Agreement.
    • W. TERMINATION
  • Any User may terminate their account at any time for any reason.
  • Terra.Ph may terminate any User’s account at any time for any reason in its absolute discretion
  • Termination of this Agreement does not affect any Job Contract that has been formed between Terra.Ph Users.
  • Upon Termination, Terra.Ph will retain all User information until all Jobs and Payments have been completed by that User.
  • Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
  • Clauses (Fees), (Limitation of Liability) and (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
  • If Your account or this Agreement are terminated for any reason, then You may not without Terra.Ph’s consent (in its absolute discretion) create any further accounts with Terra.Ph and we may terminate any other accounts You operate.
    • APPENDIX A APPENDIX A

    A Job Contract is created in accordance with the Terra.Ph Agreement. Unless otherwise agreed, the Employer and the Jobseeker enter into an Executory Job Contract on the following terms:

    1. COMMENCEMENT DATE AND TERM

    The Job Contract is created when the Employer accepts the Jobseeker’s Application and/or Counter-offer on a Posted Job to provide Services. Or when the Employer offered a job to a Jobseeker and the jobseeker accepts such offer.

    The Contract will continue until the duties and obligations of each party are fully completed or until terminated.

    2. SERVICES

    • - The Jobseeker will perform Services in a proper and workmanlike manner.
    • - The Jobseeker must perform the Services at the time and location agreed.
    • - The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Job Contract.
    • - The parties acknowledge that the Job Contract is one of personal service where the Employer selected the Jobseeker to perform the Services. Therefore, the Jobseeker must not subcontract any part of the Services to any third party without the Employer's consent
    • - The Jobseeker remains responsible and liable at all times to the Employer for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Jobseeker.

    3. WARRANTIES

    Each party warrants that the information provided in the creation of the Job Contract is true and accurate.

    The Jobseeker warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licenses in the jurisdiction where the Services are performed.

    4. PAYMENT OR CANCELLATION

    Upon the creation of the Job Contract, the Employer must pay the Agreed Price into the Payment Account.

    Upon the Services being completed, the Jobseeker will provide notice of completion on the Terra.Ph Platform.

    The Employer will be prompted to confirm the Services are complete. If the Jobseeker has completed the Services, the Employer must use the Terra.Ph Platform to release the Jobseeker Funds from the Payment Account.

    If the parties agree to cancel the Job Contract, or the Employer is unable to contact the Jobseeker to perform the Job Contract, the Jobseeker Funds will be dealt with in accordance with the User's Terra.Ph Agreement (Terra.Ph’s Terms and Conditions).

    5. LIMITATION OF LIABILITY

    Except for Non-Excludable Conditions, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Job Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

    Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

    6. DISPUTES

    If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

    If the parties are unable to resolve the dispute in accordance with preceding clause, either party may refer the dispute to Terra.Ph and act in accordance with the clause on mediation and dispute resolution of the Terra.Ph Terms of Services.

    7. TERMINATION OF CONTRACT

    The Executory Job Contract will terminate when:

    The Services are completed and the Agreed Price is released from the Payment Account; (b) a party is terminated or suspended from the Terra.Ph Platform;

    Otherwise agreed by the parties or the Third Party Dispute Service; or

    Notified by Terra.Ph of cancellation in accordance with Terra.Ph’s Terms and Conditions.

    8. APPLICATION OF POLICIES

    The parties incorporate by reference the applicable Policies.

    9. GOVERNING LAW

    A Job Contract created under the Terra.Ph platform between the Employer and Jobseeker is governed by the laws on Obligations and Contracts of the Republic of the Philippines.

    PitchMark
    TerraPH

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