The PSE back-office (“Portal”) is a back office system owned and being maintained by The Philippine Stock Exchange, Inc. (“PSE”) for its operational and post-trade functions and made available for a limited and regulated use or access by the following entities and their authorized representatives or users namely, PSE subsidiaries such as the Capital Markets Integrity Corporation and Securities Clearing Corporation of the Philippines, active Trading Participants (“TP”), Listed Companies (“LC”), and other market participants (collectively, “Authorized Entities”), including authorized PSE personnel (collectively, “Authorized Users”, “users”, “user”, or “you”).

The use or access of the PSE Portal, creation or maintenance of a PSE Portal account, access to, and use, in any way, of the PSE Portal by the Authorized Entities and Authorized Users shall be governed by these terms and conditions. Please read these terms and conditions carefully and please note that by continuing to access or use PSE Portal or to maintain a PSE Portal account, you shall be deemed to have read, understood, and agreed to the herein terms and conditions.

Use of PSE Portal

You acknowledge and agree, as one of the conditions of your access or use of PSE Portal, creation, or maintenance of your PSE Portal account that you shall not use PSE Portal, PSE business and confidential information, personal data, materials, and other information contained therein for any purpose that is unauthorized by PSE, contrary to laws, rules and policies of the PSE, morals, good customs, public order, or public policy, or as prohibited by your contract with PSE or by the herein terms and conditions. You cannot use as your username any name that infringes protected trademarks, service marks, or other forms of proprietary rights, or username that uses offensive, derogatory, defamatory, or foul language. 

You shall not use PSE Portal in any manner that could damage, disable, overburden, or impair any PSE server, or networks connected to any PSE server, or interfere with any other party’s access and use of PSE Portal. You shall not use any unauthorized application programming interface that could cause latency or aesthetic distortions to the systems of other PSE Portal users. You shall not gain unauthorized, malicious, or illegal access to PSE Portal, any link or service provided through PSE Portal, other accounts, computer systems, or networks connected to any PSE server or to any of the services provided through PSE Portal. You shall not access or attempt to access the PSE Portal or any of the foregoing by means of hacking, phishing, malware, malicious codes, smishing, password mining, credential stuffing, password spraying, brute force, social engineering, malicious SQL code, backdoor attack, insider attack, malicious and unauthorized data exfiltration, server-side request forgery attack, disabling security tools, third-party access misuse, or any other unauthorized or illegal means. You shall not obtain, or attempt to obtain, any PSE business and confidential information, material information, personal data, or other information through any means not intentionally made available on or through PSE Portal.

Authorized Entities and users warrant that only authorized or specific registered personnel have access to PSE Portal and that they are responsible for any order or data entered under their credentials regardless of whether it was a mistake or a fat finger error. As access to PSE Portal is granted strictly based on current job function, PSE will revoke user’s access immediately upon TP notification of change of function of user from back office to trading desk or upon notice of change by Authorized Entities. PSE authorized users explicitly acknowledge that all messages, keystrokes, database queries, and all instances of PSE Portal access are subject to monitoring by the Exchange and review by the compliance and audit teams of PSE and acknowledge that they have no expectation of privacy in the use and access of PSE Portal, including any data transmitted through or stored in PSE Portal.

Contents of PSE Portal

PSE Portal contains texts, market data, figures, data, trading data, calculations, alerts, analyses, estimates, graphics, charts, quotes, formulas, photographs, illustrations, artworks, names, logos, trademarks, service marks, information (personal, financial, business, and sensitive), PSE confidential and business information, links or connectivity to other PSE applications or systems, and information of or connected with PSE, TPs, and LCs  (collectively, “Contents”). The PSE, on a best efforts basis, endeavors to ensure that the Contents of PSE Portal are accurate, except for Contents which may not have been prepared by the PSE but is made available without any responsibility on the part of PSE, or even prepared by PSE but provided on an as-is or as available basis.  No action should be taken or omitted to be taken in reliance upon the Contents on PSE Portal. The PSE does not accept any liability for the results of any action taken on the basis of the Contents of PSE Portal.

Proprietary Rights

The Contents of PSE Portal, including information and all materials hosted on or linked to PSE Portal and other PSE applications, as well as the presentation and lay-out of the Contents, are protected by copyright, trademark, and other forms of proprietary rights. All rights, title, and interests in and on the Contents and PSE Portal, including database rights, are owned, licensed, and/or controlled by the PSE and/or the third-party credited as the provider of the Contents.

The Philippine Stock Exchange, Inc., Philippine Stock Exchange, PSE, PSE Index, PSE EDGE, and all related names, logos, product and services names, and designs are registered trademarks or service marks of PSE. All other trademarks, trade names, service marks, and logos used on PSE Portal are properties of their respective owners and are used by PSE and for editorial purposes only, to the benefit of the respective owners and without any intention of trademark or copyright infringement. You shall not use, distribute, manufacture, or offer any such marks or trade names without the prior written permission of PSE or the respective owners.

Using the Contents

Except as otherwise indicated with respect to a particular portion, file, or document provided on the PSE Portal you may only download, view, or print individual pages of the Contents for your own personal, non-commercial use. You shall NOT COPY, STORE, EITHER IN HARD COPY OR IN ELECTRONIC RETRIEVAL SYSTEM, TRANSMIT, TRANSFER, PERFORM, BROADCAST, PUBLISH, REPRODUCE, CREATE A DERIVATIVE WORK FROM, DISPLAY, DISTRIBUTE, SELL, LICENSE, RENT, LEASE OR OTHERWISE TRANSFER any of the Contents or PSE Portal, to any third person, including others in your company or organization, whether for commercial or monetary gain or otherwise, without prior written consent of the PSE or of the third party provider of the Contents. Any request for such permission should be sent to: [email protected].

The permission to use the Contents or PSE Portal to the extent allowable in the preceding paragraph shall not include the permission to adapt or modify said Contents or PSE Portal, decompile, redistribute, scrape for third-party use, reverse-engineer or disassemble the Contents or PSE Portal, or any part thereof, without obtaining PSE’s prior written consent.

Any rights relating to the Contents and PSE Portal not expressly granted under these Terms of Use are reserved and no license or right is granted to you, your heirs, or assigns, or to any PSE Portal user by implication, estoppel, or otherwise.

Disclaimers and Limitations of Liability

Due to the number of sources from which the Contents are obtained, and inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in the Contents and although the Contents have been obtained from sources believed to be reliable, they are provided to you as presented, without warranties of any kind. Your use or access of the Contents, creation or maintenance of a PSE Portal account, and access or use of PSE Portal, in general, are at your own risk.

The PSE, third-party providers, and respective officers, directors, stockholders, employees, agents, representatives (“Related Parties”), and licensors cannot and do not make any representations and disclaim all warranties, express or implied, in respect of the Contents and PSE Portal, including, but not limited to, guarantees, representations, and warranties regarding truth, adequacy, reasonableness, accuracy, timeliness, completeness, non-infringement of intellectual property rights, merchantability, satisfactory quality, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. The PSE, third-party providers, Related Parties, and licensors assume no responsibility for the consequences of any errors or omissions of any kind in PSE Portal or its Contents.

Further, PSE, its officers, stockholders, directors, employees, agents, and representatives (“PSE Related Parties”) do not guarantee, represent, or warrant that access or use of the PSE Portal will be uninterrupted or that PSE Portal will be compatible with the systems of users, or that every defect will be corrected. The PSE, third-party providers, Related Parties, and licensors do not assume any responsibility for consequences of any errors, delays, omissions, system failures, interruption, breach of security, hacking, technical glitch, corruption, market-wide disruptions, holidays, force majeure, unavailability of access to PSE Portal and its Contents, notwithstanding any prior advice of such possibilities.

The PSE, third-party providers, and Related Parties likewise do not guarantee, represent, or warrant that PSE Portal is free of malicious software, including, but not limited to, viruses, computer worms, spyware, or other harmful components (“Malicious Software“). The PSE, third-party providers, Related Parties, and licensors do not accept any liability for any loss, damage, claim liability, expense, or costs that may result from any transmission of such Malicious Software through PSE Portal, including, but not limited to, files obtained, transmitted, or downloaded from PSE Portal.

In no event shall PSE, third-party providers, or Related Parties be liable to you, your heirs or assigns, or anyone for any loss, damage, or injury caused, in whole or in part, by contingencies beyond their control, or negligence in procuring, compiling, interpreting, editing, writing, reporting, or delivering the Contents or your PSE Portal account, including PSE Portal system upgrades or system failures.

In no event shall PSE, third-party providers, Related Parties, or licensors be liable to you, your heirs or assigns, or anyone for any claim arising out of or relating to PSE Portal, Contents, or your PSE BO* account and its contents, including but not limited to direct, consequential, special, incidental, punitive or indirect damages, even if advised of the possibility of such damages.

The PSE and PSE Related Parties shall not be liable for any and all losses, damages, costs, expenses, claims, or liabilities suffered, incurred or that may be suffered or incurred by any of the Authorized Entities, Authorized Users, or by any PSE Portal user, directly or indirectly, arising or resulting from, in connection with, or incidental to, any of the following:

1. Malfunction, performance problem, difficulty in accessing, internet connectivity, or disruption of PSE Portal or of your PSE Portal account.
2. Errors, omissions, inaccuracies, or delays in the transmission of the Content or other information in PSE Portal or your PSE Portal account.
3. Performance by PSE of any procedure which is reasonably necessary, required, or relevant under the circumstances for the continuity of PSE Portal, or as may be deemed necessary by PSE, or as required by PSE's operations; or
4. Use or access of PSE Portal, your PSE Portal account, or any misuse of the same.

The PSE and PSE Related Parties assume no responsibility and do not accept any liability and risk of loss arising or resulting from, or in connection with PSE Portal user error, user’s malicious use, operator error, corruption of orders, multiple executions, or any form of system failure resulting from any hardware, software, power, database, or communications malfunction.

The PSE and PSE Related Parties 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 by Authorized Entities, whether foreseeable or not, even if advised of the possibility of such damages; nor shall PSE and PSE Related Parties be liable for any type of damages.

Indemnity

You hereby agree to indemnify and hold PSE and PSE Related Parties free and harmless from or against any and all claims, damages, losses, liabilities, expenses or costs suffered, incurred, or to be suffered or incurred by you, arising or resulting from, or alleged to have arisen or resulted, directly or indirectly, or in relation to your use or access of PSE Portal, your or your heirs’ or assign’s 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 PSE Related Parties for such damages or losses, you, your heirs, or assigns shall cooperate fully with and assist PSE and PSE Related Parties in defending against the suit or claim, and advance or, at the option of 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.

Investment

The provision by PSE of PSE Portal and its Contents should not be construed as a recommendation or endorsement from PSE, third-party providers, Related Parties, or licensors to buy, sell, or invest in or regarding any securities of LCs stated in the PSE Portal or in any linked PSE systems, or as a professional, financial or investment advice from PSE, third-party providers, Related Parties, or licensors, 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, INDEX, REPORT, FINANCIAL INFORMATION, OPINION, ADVICE OR OTHER CONTENT IS HIGHLY RECOMMENDED.

The Contents and PSE Portal are not intended for distribution to or for use by or to be acted on by any person or entity located in any jurisdiction where such distribution, use or action would be contrary to applicable laws or regulations or would subject PSE to any registration or licensing requirement. The Contents and PSE Portal do not constitute as an invitation to invest in PSE shares, or do not constitute or form part of any offer by PSE for the sale or subscription of, or any invitation to offer to buy, sell, or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever.

Governing Laws and Venue

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

Changes to Terms and Conditions of Use

The PSE reserves the right to revise these terms and conditions at any time and without prior notice and PSE Portal users are deemed to be aware of and shall be bound by any change to these terms and conditions upon publication in PSE Portal. 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 the PSE Portal shall be deemed to constitute your conclusive acceptance of the updated or revised terms and conditions. The Contents and PSE Portal are subject to change including, without limitation, modification, deletion, revision, system upgrades, or replacement thereof, without notice.

Violations of Terms and Conditions of Use

You, your heirs, or assigns shall not use the PSE Portal or your PSE Portal account for any illegal, unlawful, immoral, unethical, or unauthorized use or purpose, or in breach of any herein terms and conditions. Unauthorized, unlawful, or illegal use of PSE Portal or of your PSE Portal account, or use or access thereof in breach of herein terms and conditions shall give rise to claims for damages and/or be criminal offense/s.

The PSE reserves the right to, in our absolute discretion, monitor, regulate, prohibit, terminate, close, prevent, check, or review any and all access or use of PSE Portal and any PSE Portal account. The PSE reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions or breach of applicable PSE rules and regulations, including the right to block access from a particular internet protocol address to PSE Portal and the right to restrict or deny access to PSE Portal at any time, for any reason, and without any notice.

Termination

The PSE shall terminate any PSE Portal account or access to PSE Portal in case of abuse or violation of any terms and conditions specified herein, breach of applicable PSE rules and regulations, breach of corresponding contract, when duly authorized by PSE rules and regulations, upon TP notice of change of function of its user from back office to trading desk, suspicion of user’s market manipulation or if under regulatory investigation, or at our sole discretion.

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.