Welcome to the K&WIN TELECOMMUNICATION EQUIPMENT TRADING PLDT Sales Encoding Tool ("K&WIN PLDT Sales Encoding Tool"), the web-based encoding tool designed exclusively for customers wishing to apply for services offered by PLDT Inc. ("PLDT") specifically through K&WIN, an authorized PLDT reseller. This tool provides a channel for customers to apply and submit required information for the processing of PLDT applications via K&WIN.
BY USING THE K&WIN PLDT SALES ENCODING TOOL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE K&WIN PLDT SALES ENCODING TOOL.
Description.
Through the K&WIN PLDT Sales Encoding Tool, you can submit applications for PLDT products and services. The K&WIN PLDT Sales Encoding Tool is a web-based application platform that allows you to submit your application details and requirements electronically. This tool is designed to make the application process more convenient and efficient for both customers and K&WIN TELECOMMUNICATION EQUIPMENT TRADING sales representatives.
Functionality.
You may access and use the K&WIN PLDT Sales Encoding Tool via the unique QR code or by the web address or URL generated as seen in K&WIN's marketing materials. No registration or log-in credentials are required from you to apply and submit your application via the K&WIN PLDT Sales Encoding Tool.
You represent and warrant that you are applying for PLDT products and services through K&WIN. You also represent and warrant that the information you provide through the K&WIN PLDT Sales Encoding Tool is 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, we may, without notice, refuse to proceed with, or cancel, the application. PLDT reserves the right to request for any additional information or requirements to complete the processing of and/or approve the application. Any and all information you submit shall be purged once processed or cancelled.
The security of your personal data and account information is important to us. While there is no such thing as "perfect security" on this online tool, we will take reasonable steps to help ensure the safety of your personal data and account information. However, you understand and agree that such steps do not guarantee that the use of the tool is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that the use of the tool or any portion of the tool is protected from viruses, security threats, and other vulnerabilities.
Force Majeure.
PLDT shall not be responsible for damages, delays, non-performance or failure in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, flood, typhoon, 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.
Disclaimers.
YOUR USE OF THE K&WIN PLDT SALES ENCODING TOOL AND ITS SERVICE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE K&WIN PLDT SALES ENCODING TOOL 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 OUR BEST TO PROVIDE THE MOST ACCURATE AND UP TO DATE INFORMATION, PLDT DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE K&WIN PLDT SALES ENCODING TOOL. SOME INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE K&WIN PLDT SALES ENCODING TOOL MAY BE OUT OF DATE, AND PLDT 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.
Limitations of Liability.
PLDT does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your devices, telecommunication equipment or other property caused by, or arising from, your access to, or use of the K&WIN PLDT Sales Encoding Tool. We do not guarantee continuous, uninterrupted or secure access to the K&WIN PLDT Sales Encoding Tool or its services, and operation of the K&WIN PLDT Sales Encoding Tool may be interfered with by numerous factors outside of our control. IN NO EVENT WILL PLDT OR ANY OF THE OFFICERS, DIRECTORS, BOARD OF TRUSTEES, EMPLOYEES, SPONSORS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE TOOL, 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 FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE K&WIN PLDT SALES ENCODING TOOL, ANY APPLICATIONS LINKED TO THE TOOL, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LAW AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THE K&WIN PLDT SALES ENCODING TOOL, ITS SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS K&WIN PLDT SALES ENCODING TOOL SERVICE.
Indemnity.
You agree to defend, indemnify and hold PLDT free and harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with: (a) the use of the K&WIN PLDT Sales Encoding Tool or your placement or transmission of any message or information on the K&WIN PLDT Sales Encoding Tool by you, (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, or intellectual property rights, (d) your violation of any law, rule or regulation of the Republic of the Philippines relating to your use of the K&WIN PLDT Sales Encoding Tool, and (e) any claim or damages that arise as a result of any user information that you provide to K&WIN PLDT Sales Encoding Tool or from any other party's access to and use of the tool.
Release.
In the event that you have a dispute with one or more other users of the K&WIN PLDT Sales Encoding Tool, you release PLDT (and each of 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.
Intellectual Property Notice.
PLDT owns the rights, title, and interest over all copyright, trademarks, design rights, content, graphics, text selections, or any other intellectual property rights used in the K&WIN PLDT Sales Encoding Tool.
Governing Law.
These Terms and Conditions are governed by and shall be construed and enforced under the laws of the Republic of the Philippines. In case of any dispute, the parties hereby consent to and submit to the exclusive jurisdiction of the courts in Makati City, Philippines.
General.
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 continue to be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by PLDT 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 other user 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. Sections 9 (Limitations of Liability), 10 (Indemnity), and 11 (Release) shall survive any termination or expiration of these Terms and Conditions, your access to the tool or use of the features of the tool.
Entire Agreement.
These Terms and Conditions are the entire agreement between the user on the one hand and PLDT on the other, specifically for applications made through K&WIN, and supersede any prior understandings or agreements (written or oral). If you do not agree to these Terms and Conditions, please close the tab and do not continue accessing the tool.