Terms of Use

The PSE Electronic Allocation System (“PSE EASy”) is a system owned and made available for use by The Philippine Stock Exchange, Inc. (“PSE”) as a platform for local small investors (“LSIs”) to subscribe to Initial Public Offering (“IPO”) investment opportunities.

The access to and use, in any way, of PSE EASy shall be governed by these terms and conditions. Please read these terms and conditions carefully and please note that by continuing to access and use PSE EASy, you shall be deemed to have read, understood, and agreed to the said terms and conditions.

DISCLAIMER

PSE EASy is made available for use without warranties of any kind. Your use of PSE EASy, in general, is at your own risk. PSE accepts no liability for the consequences of any action taken on the basis of the information provided in PSE EASy.

PSE does not make any representations and disclaims all warranties, express or implied, in respect of PSE EASy, including, but not limited to, implied warranty of fitness for a particular purpose, satisfactory quality, non-infringement of intellectual property rights, or any representations or warranties arising from usage or custom or trade by operation of law. PSE likewise does not warrant that:
1. The PSE EASy will perform without interruption, error, delays, omissions, system failures, hacking or security breaches; or that every defect will be corrected;
2. The PSE EASy will be free of virus, computer worms, spyware, or any malicious software;
3. Data or information generated by or contained in the PSE EASy or obtained from the use of the PSE EASy will be accurate or complete; or
4. The PSE EASy will be compatible with the systems of the PSE EASy users.

LIMITATION OF LIABILITY

PSE, its subsidiaries, affiliates, directors, officers, employees or representatives shall not be liable for any and all losses, damages, costs, expenses or liabilities suffered or incurred by you or any PSE EASy user, directly or indirectly, arising from any of the following:

1. Any interruption, malfunction, performance problem, or disruption of the PSE EASy;
2. Any errors or inaccuracies in the data or delays in its transmission;
3. Transmission of malicious software;
4. Performance by PSE of any procedure which is reasonably necessary under the circumstances for the continuity of the PSE EASy or the operations of the PSE;
5. The use of the PSE EASy, or any misuse of the same.

PSE assumes no responsibility and does not accept any liability and risk of loss for user error, operator error, corruption of orders, multiple executions, or any form of system failure resulting from any hardware, software, power, database, or communications malfunction.

PSE shall not be liable for loss of profit, business opportunities, or failure to achieve cost savings as well as any consequential, indirect or other damages, accruing to or incurred by you or any PSE EASy user, whether foreseeable or not, even if advised of the possibility of such damages; nor shall the PSE be liable for any damages of any type.

In no event shall the PSE or its subsidiaries, affiliates, officers, directors, employees, agents or representatives be liable to you or to anyone else for any loss or injury caused in whole or in part by events beyond their control.

INDEMNITY

You hereby agree to hold the PSE and/or any of its affiliates, subsidiaries, stockholders, directors, officers, employees, agents and representatives free and harmless from any and all claims, damages, losses or any expenses, arising or alleged to have arisen, directly or indirectly, from your misuse of PSE EASy and/or your breach of any of the terms and conditions contained in this Terms of Use.

In the event a suit or claim is brought against PSE and/or any of its affiliates, subsidiaries, stockholders, directors, officers, employees, agents and representatives for such damages or losses, you shall cooperate fully with and assist the PSE in defending against the suit, and advance or, at the option of the PSE, reimburse PSE for any and all legal costs, including attorney’s fees, associated with or arising from such defense of the suit or claim.

NO ENDORSEMENT OR RECOMMENDATION

The provision by PSE of PSE EASy as a platform for subscription by LSIs should not be construed as a recommendation or endorsement from PSE to buy or invest in any security, or as a professional, financial or investment advice from PSE and must not be used as a basis for undertaking any investment decision or otherwise.

THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY IS HIGHLY RECOMMENDED.

PROPRIETARY RIGHTS

PSE EASy, as well as the presentation and lay-out of its contents, are the proprietary rights of PSE. All rights, title, and interest in PSE EASy, including database rights, are owned by PSE. Any rights relating to PSE EASy not expressly granted under these Terms of Use are reserved and no license or right is granted to you by implication, estoppel or otherwise.

SEPARABILITY

In the event that any of these terms and conditions is declared by any competent authority to be invalid, unlawful or unenforceable in any respect, the portion not so adversely affected shall continue to be valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW AND VENUE

User access to and use of PSE EASy is subject to all applicable Philippine laws and regulations. The Philippine courts shall have exclusive jurisdiction over any dispute arising out of your use of this platform.

CHANGES TO TERMS OF USE

PSE may revise these terms and conditions at any time and without prior notice. You are responsible for ensuring that you have read the most current version of these terms and conditions. Your continued access and/or use of PSE EASy will be deemed to constitute your conclusive acceptance of the updated or revised terms and conditions.

VIOLATIONS OF TERMS OF USE

You shall not use this website for any illegal purpose.

PSE reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to restrict or deny access to PSE EASy at any time and without any notice.