Last revised: Sept 26 2017
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tUSE OF THIS MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF\n\t\t\t\t\t\t\tUSE (“TERMS”), AS SUCH MAY BE REVISED BY CORTEX FROM TIME TO TIME, WHICH CONSTITUTE A\n\t\t\t\t\t\t\tBINDING AGREEMENT BETWEEN THE USER (“USER”) AND CORTEX TECHNOLOGIES CORPORATION (\"CORTEX\")\n\t\t\t\t\t\t\tGOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION USER\n\t\t\t\t\t\t\tACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS\n\t\t\t\t\t\t\tUSER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tThe Application may only be used by individuals aged eighteen (18) years or older. If the\n\t\t\t\t\t\t\tUser is thirteen (13) years or older but under the age of eighteen (18) years, User should\n\t\t\t\t\t\t\treview these Terms with User’s parent or guardian to make sure the User and User’s parent or\n\t\t\t\t\t\t\tguardian understand them.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tThese Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions\n\t\t\t\t\t\t\tlocated at
\n\t\t\t\t\t\t\tSubject to these Terms, Cortex grants the User a personal, non-exclusive, non-transferable,\n\t\t\t\t\t\t\tlimited and revocable license to use the Application for personal and/or non-commercial use\n\t\t\t\t\t\t\tonly on an Apple iPhone, iPad or iPod Touch (each a “Device”) owned or controlled by User as\n\t\t\t\t\t\t\tpermitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms\n\t\t\t\t\t\t\t(“User License”). Any use of the Application in any other manner, including, without\n\t\t\t\t\t\t\tlimitation, resale, transfer, modification or distribution of the Application or text,\n\t\t\t\t\t\t\tpictures, music, barcodes, video, data, hyperlinks, displays and other content associated\n\t\t\t\t\t\t\twith the Application (“Content”) is prohibited. This Agreement and User License also governs\n\t\t\t\t\t\t\tany updates to, or supplements or replacements for, this Application unless separate terms\n\t\t\t\t\t\t\taccompany such updates, supplements or replacements, in which case the separate terms will\n\t\t\t\t\t\t\tapply.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tUsers who download the Application to a Device may also elect to participate in certain\n\t\t\t\t\t\t\tfunctionality of the Application which will allow the User to access features not available\n\t\t\t\t\t\t\twithout availing of an upgrade. Cortex reserves the right at any time to discontinue any or\n\t\t\t\t\t\t\tall of the functions of Online Payment.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tSome functionality of the Application, including Online Payment and location based services\n\t\t\t\t\t\t\tand functionality, may require the transmission of information provided by the User\n\t\t\t\t\t\t\tincluding user names and passwords, addresses, e-mail addresses, financial information (such\n\t\t\t\t\t\t\tas credit card numbers), device information, or GPS location (“User Information”). If the\n\t\t\t\t\t\t\tUser uses such Application functionality, the User consents to the transmission of User\n\t\t\t\t\t\t\tInformation to Cortex, its agents and/or service providers and authorizes Cortex, its agents\n\t\t\t\t\t\t\tand/or service providers to record, process and store such User Information as necessary for\n\t\t\t\t\t\t\tthe Application functionality and for purposes described in the Cortex Privacy Policy\n\t\t\t\t\t\t\t(located at https://www.cortex.ph/ privacypolicy/). The\n\t\t\t\t\t\t\tUser is solely responsible for maintenance of the confidentiality and security of any User\n\t\t\t\t\t\t\tInformation transmitted from or stored on a Device for purposes of the Application,\n\t\t\t\t\t\t\tincluding Online Payment, for all transactions and other activities, whether authorized or\n\t\t\t\t\t\t\tunauthorized. The User agrees to immediately notify Cortex of any unauthorized transactions\n\t\t\t\t\t\t\tassociated with the Application including Online Payment or any other breach of security.\n\t\t\t\t\t\t\tCortex shall not be responsible for any losses arising out of the loss or theft of User\n\t\t\t\t\t\t\tInformation transmitted from or stored on a Device or from unauthorized or fraudulent\n\t\t\t\t\t\t\ttransactions associated with the Application.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tUse by the User of the Application and any Content and User Information transmitted in\n\t\t\t\t\t\t\tconnection with the Application is limited to the contemplated functionality. The User\n\t\t\t\t\t\t\tagrees that his or her use of the Application and any Content must comply with these Terms\n\t\t\t\t\t\t\tand the Cortex Policies. In no event may the Application be used in a manner that (a)\n\t\t\t\t\t\t\tharasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of\n\t\t\t\t\t\t\tany other party (including but not limited to rights of publicity or other proprietary\n\t\t\t\t\t\t\trights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to\n\t\t\t\t\t\t\taccess the Application, Cortex Website or Content that is not authorized by Cortex; (d) use\n\t\t\t\t\t\t\tor launch any automated system, including without limitation, \"robots,\" \"spiders,\" or\n\t\t\t\t\t\t\t\"offline readers,\" to access the Application, Cortex Website or Content; (e) attempts to\n\t\t\t\t\t\t\tintroduce viruses or any other computer code, files or programs that interrupt, destroy or\n\t\t\t\t\t\t\tlimit the functionality of any computer software or hardware or telecommunications\n\t\t\t\t\t\t\tequipment; (f) attempts to gain unauthorized access to Cortex computer network or user\n\t\t\t\t\t\t\taccounts; (g) encourages conduct that would constitute a criminal offense, or that gives\n\t\t\t\t\t\t\trise to civil liability; (h) violates these Terms; (i) attempts to damage, disable,\n\t\t\t\t\t\t\toverburden, or impair Cortex servers or networks; or (j) fails to comply with applicable\n\t\t\t\t\t\t\tthird party terms (collectively “Acceptable Use”). Cortex reserves the right, in its sole\n\t\t\t\t\t\t\tdiscretion, to terminate any User License, terminate any User’s participation in Online\n\t\t\t\t\t\t\tPayment, remove Content or assert legal action with respect to Content or use of the\n\t\t\t\t\t\t\tApplication, including Online Payment, that Cortex reasonably believes is or might be in\n\t\t\t\t\t\t\tviolation of these terms of Acceptable Use or Cortex Policies, but Cortex’s failure or delay\n\t\t\t\t\t\t\tin taking such actions does not constitute a waiver of its rights to enforce these Terms.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tAt Cortex’s request, the User agrees to defend, indemnify, and hold harmless Cortex and its\n\t\t\t\t\t\t\tparent and other affiliated companies, and their employees, contractors, officers, and\n\t\t\t\t\t\t\tdirectors from any and all claims, suits, damages, costs, lawsuits, fines, penalties,\n\t\t\t\t\t\t\tliabilities, expenses (including attorney's fees) that arise from the User’s use or misuse\n\t\t\t\t\t\t\tof the Application (including Online Payment), violation of these Terms or violation of any\n\t\t\t\t\t\t\trights of a third party. Cortex reserves the right to assume the exclusive defense and\n\t\t\t\t\t\t\tcontrol of any matter otherwise subject to indemnification by the User, in which event the\n\t\t\t\t\t\t\tUser will cooperate in asserting any available defenses. In the event of any third party\n\t\t\t\t\t\t\tclaim that the Application or User’s possession and use of the Application infringes that\n\t\t\t\t\t\t\tthird party’s intellectual property right, Cortex, not Apple, will be solely responsible for\n\t\t\t\t\t\t\tthe investigation, defense, settlement and discharge of any such intellectual property\n\t\t\t\t\t\t\tinfringement claim.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tCORTEX IS PROVIDING THE APPLICATION TO THE USER \"AS IS\" AND THE USER IS USING THE\n\t\t\t\t\t\t\tAPPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW,\n\t\t\t\t\t\t\tCORTEX DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY\n\t\t\t\t\t\t\tWARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY,\n\t\t\t\t\t\t\tRELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS\n\t\t\t\t\t\t\tOR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION\n\t\t\t\t\t\t\tBY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION\n\t\t\t\t\t\t\tTRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT) WILL BE\n\t\t\t\t\t\t\tSUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. In the event of any failure of the\n\t\t\t\t\t\t\tApplication to conform to any applicable warranty, User may notify Apple, and, if\n\t\t\t\t\t\t\tapplicable, Apple will refund the purchase price (if any) for the Application to the User\n\t\t\t\t\t\t\tand, to the maximum extent permitted by applicable law, Apple will have no other warranty\n\t\t\t\t\t\t\tobligation whatsoever with respect to the Application, and any other claims, losses,\n\t\t\t\t\t\t\tliabilities, damages, costs or expenses attributable to any failure to conform to any\n\t\t\t\t\t\t\twarranty will be Cortex’s sole responsibility.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tTO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CORTEX AND ITS\n\t\t\t\t\t\t\tPARENT AND OTHER AFFILIATED COMPANIES (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE\n\t\t\t\t\t\t\tAPPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN ONLINE PAYMENT; AND (B) BE LIABLE\n\t\t\t\t\t\t\tTO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY\n\t\t\t\t\t\t\tDAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFI TS, LOSS,\n\t\t\t\t\t\t\tTHEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE\n\t\t\t\t\t\t\tFAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO\n\t\t\t\t\t\t\tCEASE PARTICIPATION IN ONLINE PAYMENT. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW,\n\t\t\t\t\t\t\tIN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE\n\t\t\t\t\t\t\tAGGREGATE LIABILITY OF CORTEX AND ITS PARENT OR OTHER AFFILIATED COMPANIES, WHETHER IN\n\t\t\t\t\t\t\tCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR\n\t\t\t\t\t\t\tRELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ANY COMPENSATION THE USER\n\t\t\t\t\t\t\tPAYS, IF ANY, TO CORTEX FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX MONTHS PERIOD\n\t\t\t\t\t\t\tIMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. Certain legislation may imply\n\t\t\t\t\t\t\twarranties or conditions or impose obligations upon us which cannot be excluded, restricted\n\t\t\t\t\t\t\tor modified or cannot be excluded, restricted or modified except to a limited extent. These\n\t\t\t\t\t\t\tTerms must be read subject to these statutory provisions. If these statutory provisions\n\t\t\t\t\t\t\tapply, to the extent to which Cortex are able to do so, the liability of Cortex and its\n\t\t\t\t\t\t\taffiliates under those provisions will be limited, at its option to: (1) in the case of\n\t\t\t\t\t\t\tgoods, the replacement of the goods or the supply of equivalent goods; the repair of the\n\t\t\t\t\t\t\tgoods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or\n\t\t\t\t\t\t\tthe payment of the cost of having the goods repaired; and (2) in the case of services, the\n\t\t\t\t\t\t\tsupplying of the services again; or the payment of the cost of having the services supplied\n\t\t\t\t\t\t\tagain.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tCortex, the Cortex logo, the Buddee logo, and other Cortex trademarks, service marks,\n\t\t\t\t\t\t\tgraphics and logos used in connection with the Application are trademarks or registered\n\t\t\t\t\t\t\ttrademarks of Cortex Corporation (collectively “Cortex Marks”). Other trademarks, service\n\t\t\t\t\t\t\tmarks, graphics and logos used in connection with the Application are the trademarks of\n\t\t\t\t\t\t\ttheir respective owners (collectively “Third Party Marks”). The Cortex Marks and Third Party\n\t\t\t\t\t\t\tMarks may not be copied, imitated or used, in whole or in part, without the prior written\n\t\t\t\t\t\t\tpermission of Cortex or the applicable trademark holder. The Application and the Content are\n\t\t\t\t\t\t\tprotected by copyright, trademark, patent, trade secret, international treaties, laws and\n\t\t\t\t\t\t\tother proprietary rights, and also may have security components that protect digital\n\t\t\t\t\t\t\tinformation only as authorized by Cortex or the owner of the Content.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tThese Terms are governed by the laws of the Philippines, without regard to conflict of laws\n\t\t\t\t\t\t\trules. The United Nations Convention on Contracts for the International Sale of Goods shall\n\t\t\t\t\t\t\thave no applicability. The User irrevocably consents to the exclusive jurisdiction of the\n\t\t\t\t\t\t\tcourts of the Philippines for purposes of any legal action arising out of or related to the\n\t\t\t\t\t\t\tuse of the Application or these Terms.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tApple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon User’s\n\t\t\t\t\t\t\tacceptance of these Terms, Apple will have the right (and will be deemed to have accepted\n\t\t\t\t\t\t\tthe right) to enforce these Terms against User as a third party beneficiary thereof.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tCortex reserves the right to change or modify these Terms or any other Cortex policies\n\t\t\t\t\t\t\trelated to use of the Application at any time and at its sole discretion by posting\n\t\t\t\t\t\t\trevisions on the Cortex Website. Continued use of the Application following the posting of\n\t\t\t\t\t\t\tthese changes or modifications will constitute acceptance of such changes or modifications.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tIf any provision of these Terms shall be deemed unlawful, void or for any reason\n\t\t\t\t\t\t\tunenforceable, then that provision shall be deemed severable from these Terms and shall not\n\t\t\t\t\t\t\taffect the validity and enforceability of any remaining provisions.\n\t\t\t\t\t\t
\n\t\t\t\t\t\t\n\t\t\t\t\t\t\tAny questions, complaints or claims regarding the Application should be directed to:\n\t\t\t\t\t\t
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