TERMS AND CONDITON

The following terms and conditions govern the use of AC Prime Insurance Brokers Inc. website and mobile applications, you (the "User") agree to be bound by these Terms and Conditions, as well as by the Data Privacy Statement published on the AC Prime Insurance Brokers web and mobile applications. If you do not agree to these Terms and Conditions or the Data Privacy Statement, your access to AC Prime Insurance Brokers will be revoked.

1. GENERAL INFORMATION

AC Prime Insurance Brokers Inc., a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with office address at 3rd Floor, Corinthian Plaza 121 Paseo De Roxas Cor. Legaspi Village Makati City, Philippines (hereinafter referred to as "AC Prime", "us" or "we").

2. TERMS AND CONDITIONS

These Terms & Conditions, which includes the Privacy Policy, (these "Terms") contain the terms and conditions on which we supply content, products or services listed on the Website, through our mobile applications (the "Apps") or via other delivery methods to you (the Website and such content, products, services, and the Apps are collectively referred to herein as the "Service" or "Services"). Please read these Terms carefully before accessing or using any Services from the Website or third-party apps. The word "Device" refers to the device which is used to access the Services including but not limited to computers, smartphones, and tablets. The word "you" refers to the user of the Services. When you directly or indirectly cause the use or access the Services, you agree to be bound by these Terms and all applicable laws, rules, and regulations, and you warrant to be fully and wholly bound by these Terms in your own free will and deed; and that you fully understand and acknowledge the contents, meaning, implications, and effects of these Terms. You warrant that you would not use or access our Services if you had any claim or reservation against any matter in these Terms. You may also be asked to click "I accept" at the appropriate place prior to your use of access to Services. At such time, if you do not click "I accept", you may not be able to complete such access. By using or accessing the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Service. Except as otherwise indicated, these Terms and the Privacy Policy set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control. We reserve the right to suspend or terminate the Services and any contractual relations with you upon notice. In case you have breached any term or condition herein, we may suspend, terminate or in any way modify our Services and our contractual relations without notice. These are without prejudice to our rights and remedies under these Terms, in law or in equity.

3. CHANGE TO TERMS

You undertake to periodically visit and review these Terms for updates and changes. You agree to be bound by these Terms and its subsequent updates, revisions, or modifications. AC Prime reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to the Website or the Apps. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email. We train our employees on the best practices for handling your personal data. Whenever we engage other organizations to provide service to us, we require them to protect your personal data aligned with AC Prime’s security standards.

4. DEFINITION OF TERMS

Account ("Account") refers to an account owned by a user. This could either be an Individual Account, a Corporate Account, an Advisor Account, or a Vendor Account.
Corporate Account ("Institution Account") refers to an Account owned by a juridical person.
Authorized Person ("Authorized Person") refers to an individual that is authorized by a Corporate Account owner to bind the corporation, partnership, or other juridical entity to any and all Transactions that may be done by such Authorized Person.
Currency ("Currency") refers to Philippine Peso, US Dollar, or any other Fiat Currency that may be added to the Service in the future.
Fiat Currency ("FC") refers to the Philippine Peso and the United States Dollar, each a government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law;
Know-Your-Customer ("KYC") refers to procedures undertaken by AC Prime to identify and verify the identity of the Vendor Accounts' customers.
Login Credentials ("Credentials") refer to your username and password.
Related Parties ("Related Parties") refer to subsidiaries, affiliates, related parties, and their respective directors, shareholders, officers, employees, consultants, agents, and assignees.
Registration Form ("Form") refers to a form within the Website or the Apps that requires information from the user for the purposes of identity verification and authentication.
Transaction ("Transaction") refers to any and all business that may be conducted by an Account owner or Authorized Person within the Services.
Transaction Limit ("Transaction Limit") refers to the maximum amount a user may transact as set by the Vendor Accounts.
Vendor Account ("Vendor Account") refers to an Account, either individual or juridical, that promotes, offers, or sells various financial products on AC Prime; and
You ("you," "your," or the "Owner") are an entity that uses the Website or the Apps through an Account in connection with its Services.

5. ACCEPTABLE USE POLICY

You agree to use any and all of the Services in accordance with all applicable and current laws, regulations, and other guidelines issued by government agencies.
You understand and agree that AC Prime may require you to divulge the nature of the transaction being facilitated by your use of our Services if AC Prime determines, at its sole discretion, that it is necessary to comply with any applicable law.
You agree not to use any and all of the Services for the following purposes:
- To violate any law, regulation, or issuance by any competent legal authority;
- To directly or indirectly cause loss or damage to AC Prime or any entity;
- To facilitate the sale of any object that is outside the commerce of man;
- To facilitate transactions involving illegal drugs, drug paraphernalia, and other controlled substances in accordance with applicable law;
- To facilitate transactions involving the sale of products which endanger the safety, health, and well-being of individuals;
- To facilitate transactions that encourage or incentivize illegal activities;
- To facilitate transactions involving stolen, smuggled, or otherwise illegally acquired goods and/or services;
- To facilitate transactions involving firearms, explosives, ammunition, and any other weapon or accessories of the aforementioned items that are prohibited under applicable law;
- To facilitate the infringement of any intellectual property right;
- To facilitate Cybercrimes as defined in R.A. 10175 and other applicable laws;
- To facilitate Child-Pornography as defined in R.A. 9775 and other applicable laws;
- To facilitate prostitution and other sexually-oriented services;
- To facilitate transactions relating to pornography;
- To facilitate any fraudulent transaction; and/or
- To facilitate any transaction that may be considered contrary to public policy.

6. GENERAL PROVISIONS

You are required to register if you want to use any of the Services.
By registering, you warrant that you have the capacity to enter into valid contracts under Philippine law.
If you own a Corporate or a Vendor Account, you warrant that any person you authorize to access and transact using your Account is fully clothed with authority to bind your corporation, partnership, or other juridical entity, as the case may be, under applicable law to whatever Transaction. The authority to access and transact through a Corporate Account is deemed given at the moment you share your Credentials to another entity.
You are bound by these Terms at the moment you register as a user of the Service.
AC Prime may amend, change, or delete any part of this Terms at its sole discretion and without prior notice. Changes, amendments, or deletions shall take effect at the moment they are posted. Your continued use of the Services shall be considered acceptance to these changes, amendments, or deletions. If you disagree, you must stop the use of the Service.

7. CANCELLATION OF ACCOUNT AND SITE BANNING

AC Prime reserves the right to cancel, suspend, limit or modify in any respect your Account, which in its sole discretion, is found to be in violation of the Terms, Privacy Policy, other relevant agreements, or any law, regulation, or issuance from a competent legal authority (the "Regulations") without need of any prior notice.
AC Prime reserves the right to cancel, suspend, limit or modify in any respect your Account, which in its sole discretion, is found to be in violation of the Terms, Privacy Policy, other relevant agreements, or any law, regulation, or issuance from a competent legal authority (the "Regulations") without need of any prior notice.
You may voluntarily cancel your Account or discontinue your use of the Services at any time. However, you grant AC Prime the right to retain any or all of your information and transactional records, without prejudice to the Privacy Policy and your rights under the Data Privacy Act of 2012. For any issues regarding the closing of an Account please email us at support@acprimeinsurance.com
In all cases of cancellation, suspension, limitation and modification of your Account, you undertake to continue to be fully liable for any and all outstanding obligations to AC Prime and accessory obligations thereto such as interests, fees and damages.

8. ASSUMPTION OF RISK

You accept the risks associated with the use of a website or software such as, but not limited to:
- Failure of software;
- Hacking of servers;
- Failure or interruption of internet connection;
- The introduction of malicious software;
- Failure of security of your Wallet address and Private Keys;
- Exchange Rate fluctuations;
- Failure of communication; and
- Service disruptions.
To mitigate these risks AC Prime will exert reasonable efforts to secure its system and to verify the accuracy of the information on its Services.

9. THE ACCOUNTS

You must register in order to be given an Account.
You are required to register using your actual legal name, surname, address, phone number, mobile number, email address, date of birth and all other information required by the Form. AC Prime reserves the right to require more information as it deems necessary.
You may only have one Account. You cannot open an account on behalf of another or cause another to open an account for you. You are liable for any and all obligations arising from and related to your account.
By registering, you warrant that the information you provide are true, correct, up to date, and that you have not provided any information for the purpose of evasion or for the purpose of concealing or committing a crime or a fraudulent scheme.
If you have entered any incorrect information in the Form, you undertake to correct the error immediately after its discovery.
You agree that AC Prime will not be liable for any injury or damage caused by incorrect information that you provided.
AC Prime will require you to supply your own Credentials upon registration subject to certain requirements imposed by the site for better security.
The security of your account is equally your concern and responsibility as it is ours. You are hereby bound to protect and keep confidential your Credentials. You agree not to divulge either your username or your password to anyone. Moreover, you understand that AC Prime cannot stop you from divulging your Credentials to other individuals. Thus, you agree that any Transaction made using your Credentials is valid and binding on you.
You agree that AC Prime will not be liable for any injury or damage caused by any unauthorized disclosure of your Credentials.
You understand that any contract you enter into with accredited third-party merchants and accredited banks and remittance centers is between you and them alone.

10. THE CORPORATE ACCOUNT

You agree to the covenants and provisions under Clause 9.
You are required to register using your corporation, partnership, or other juridical entity's actual legal name, address, phone number, mobile number, email address, date of incorporation as registered with the appropriate government agency and all other information required by the Form. AC Prime reserves the right to require more information as it deems necessary.
You may be required to submit further documentation as part of the registration process.

11. THE VENDOR ACCOUNT

You agree to the covenants and provisions under Clause 9 & 10.
You understand that you may be required to submit documents similar to those submitted by Corporate Accounts.
You agree that the content you will be making available on the Website and Apps is exclusively yours. You likewise agree that the content posted by other users are exclusively that of the users. The negotiations and Transactions between and among the users shall exclude AC Prime or any of its Related Parties.
You represent and warrant that you have an absolute right over the content, or any portion thereof, that you will be making available on the Platform and that your use of the content will not violate any law, regulation, third party intellectual property rights, or other rights.
You undertake not to cancel or withdraw any transaction for the purpose of contracting separately with the user and therefore results in the user avoiding paying AC Prime any fees and charges.
You represent and warrant that (i) you are compliant and will comply with all applicable national and local laws, rules, and regulations and all applicable self-regulatory guidelines in the conduct of its business and in the performance of its obligations under this Terms and other relevant agreements; (ii) your content does not contain, promote, or advocate pornographic, hate, violence, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, libelous, illegal drugs, gambling, terrorist-supporting, human trafficking, arms trafficking or any other similar content; (iii) your content does not encourage any activity that (iii.1) would be considered a criminal offense in any territory wherein AC Prime is accessible or could give rise to civil liability, or violate any applicable law, regulation or order of any court or tribunal including, but not limited to, collecting, using or disclosing personal information in violation of applicable law, including without limitation personal information of minors; and (iii.2) affect the security or privacy of AC Prime users.

12. THE ADVISOR ACCOUNT

You agree to the covenants and provisions under Clauses 9, 10, and 11.
You understand that you may be required to submit documents similar to those submitted by Corporate Accounts.
You agree that the content you will be making available on the Website and Apps is exclusively yours. Content posted by other users is exclusively theirs. Negotiations and transactions between users shall exclude AC Prime or any of its Related Parties.
You represent and warrant that you have an absolute right over the content you make available on the Platform and that your use of the content will not violate any laws, regulations, or third-party intellectual property rights.
You undertake not to cancel or withdraw any transaction to contract separately with the user and avoid paying AC Prime any fees and charges.
You represent and warrant that:
- You are compliant with all applicable laws, rules, and regulations in the conduct of your business and in the performance of obligations under these Terms and other relevant agreements.
- Your content does not contain or promote illegal or offensive material, and does not encourage criminal activity or violate any applicable laws.
- Your content does not affect the security or privacy of AC Prime users.
You represent and warrant that:
- You and any agents in your employ are duly qualified and licensed by competent authorities.
- You and any agents in your employ possess appropriate licenses for the products you sell.
You represent and warrant that Transactions you initiate on behalf of your clients accurately represent their expressed instructions. AC Prime may request documentation to this effect.
You acknowledge that your access to the Services is contingent on adherence to the Acceptable Use Policy and other agreements. You agree not to hold AC Prime liable for any injury or damage resulting from the loss of access to the Services.

13. IDENTITY VERIFICATION AND KNOW-YOUR-CUSTOMER (KYC) REQUIREMENTS

AC Prime may require sensitive personal information to verify user identity in compliance with AMLC, BSP, SEC, and IC requirements.
AC Prime may request additional documentation to establish an account owner's true and correct identity.
Your disclosure of this information is governed by the Privacy Policy and adheres to the Data Privacy Act of 2012.
Failure to provide proper documentation may result in delays or denial of your Transaction. AC Prime reserves the right to determine the authenticity of documents and to delay or deny Transactions as needed.
Vendor Accounts relying on AC Prime for KYC agree that AC Prime acts as the Vendor's agent for this purpose, but ultimate responsibility for identifying customers and keeping documents remains with the Vendor.
AC Prime may request users to update and verify their data periodically and revise data requirements to comply with regulatory mandates.

14. THE ADVISOR ACCOUNT

You acknowledge that you have read and understood AC Prime Data Privacy Statement. You consent and agree to the collection, processing, and sharing of your personal data, consistent with the Data Privacy Statement, as updated from time to time.

15. INTELLECTUAL PROPERTY RIGHTS

The materials and trademarks on the Service are owned by or licensed to AC Prime and are protected by copyright and other intellectual property laws.
The Service may display third-party trademarks, which are subject to licenses granted to us. You may not reverse engineer or disassemble these trademarks.
The Service and its materials are provided "as is" for personal use only and may not be exploited for other purposes without prior written consent.
Reproduction or distribution of any content from the Service is prohibited without written consent.
Our intellectual property rights, including the AC Prime logo, belong to us and may not be used without express written consent.

16. WARRANTIES AND LIMITATIONS

We warrant that any Service directly from us will reasonably conform to its description and be of reasonable quality.
We will use reasonable skill and care in making the Services available, but the Services are provided on an "as is" basis.
We disclaim any warranties beyond those expressly stated, including implied warranties of merchantability or fitness for a particular purpose.

17. YOUR WARRANTIES

You agree that AC Prime will not be liable for the effects or reliability of any Services.
You will defend, indemnify, and hold AC Prime and its related parties harmless from all claims related to your use of the Services.
You release any current or future claims against AC Prime and agree to not withhold payments due.
You authorize AC Prime to use amounts in your Wallets to cover any balances or obligations to AC Prime.

18. DISCLAIMERS

AC Prime makes no warranties regarding products or content provided by Vendor accounts. Users enter into Transactions at their own risk.
AC Prime is not responsible for disputes or damages between users and has no obligation to intervene.
Users release AC Prime from all claims related to interactions or transactions with other users.

19. NO WAIVER

Delays or failures in exercising any right under these Terms do not constitute a waiver of that right or any other rights.

20. FORCE MAJEURE

We are not liable for performance failures or delays due to causes beyond our reasonable control.

21. INTERPRETATION

Terms introduced by words like "including" are illustrative and not limiting. References to singular include plural and vice versa.

22. ELECTRONIC COMMUNICATIONS

Electronic communications are not secure. You authorize us to act on electronic documents as if they were physical.
We are not liable for acting on documents from unauthorized persons, and you indemnify us for accepting such documents in good faith.
We may refuse to act on electronic documents if we doubt their authenticity.

23. NOTICES

Notices must be sent to support@acprimeinsurance.com. We may give notice to you via email or other electronic means. Notice is deemed received immediately upon posting or sending.

24. EXCLUSIVE VENUE AND CHOICE OF LAW

Claims and disputes will be brought before the courts of Makati City, Philippines, and governed by Philippine laws.

25. SEVERABILITY

If any provision is found to be unenforceable, it will be removed without affecting the validity of the remaining provisions.