Terms of Use

1. Agreement to Terms

These Terms of Use (the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and PITON-Global Inc., a limited liability company organized under the laws of the Republic of the Philippines, together with its affiliates, subsidiaries, officers, members, managers, employees, and agents (collectively, “PITON-Global,” “we,” “us,” or “our”), concerning your access to and use of the website located at piton-global.com and any related media, subdomains, applications, content, and services (collectively, the “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

Supplemental terms, policies, or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason, as further described in Section 17.

2. Eligibility & Authority

The Services are intended for users who are at least eighteen (18) years of age and who are accessing the Services for business or professional purposes. By using the Services, you represent and warrant that: (a) you have the legal capacity and authority to enter into these Terms; (b) if you are accepting these Terms on behalf of an entity, you are authorized to bind that entity; (c) you are not a minor in the jurisdiction in which you reside; and (d) your use of the Services will not violate any applicable law or regulation.

3. Nature of the Services

PITON-Global is an independent, vendor-agnostic outsourcing advisory firm. The Services consist of providing information, analysis, vendor identification, shortlisting, and related advisory support to assist clients in evaluating business process outsourcing (“BPO”) providers. You expressly acknowledge and agree that:

• PITON-Global does not own, operate, control, or employ any third-party BPO provider, contact center, or service vendor identified, referred, or shortlisted through the Services (each, a “Provider”);
• Any engagement, contract, statement of work, or relationship you enter into with a Provider is solely between you and that Provider, and PITON-Global is not a party to it;
• PITON-Global makes no representation, warranty, or guarantee as to the performance, pricing, availability, suitability, legality, or conduct of any Provider, or as to any cost savings, service levels, or business outcome;
• Information furnished through the Services is provided for general informational and decision-support purposes only and does not constitute legal, financial, tax, accounting, regulatory, or other professional advice.

You are solely responsible for conducting your own due diligence and for any decision to engage, or not to engage, any Provider.

4. No Professional Advice; No Reliance

The content available through the Services is not intended to be, and shall not be construed as, professional advice of any kind. You should not act or refrain from acting on the basis of any content without first seeking independent professional advice appropriate to your circumstances. Any reliance you place on the Services or their content is strictly at your own risk. No fiduciary, agency, partnership, joint venture, or employment relationship is created between you and PITON-Global by your use of the Services.

5. Intellectual Property Rights

Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos contained therein (collectively, the “Content” and “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws of the United States and other jurisdictions.

The Content and Marks are provided “AS IS” for your information and personal or internal business use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. Without limitation, you agree not to:

• Systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Circumvent, disable, or otherwise interfere with security-related features of the Services;
• Engage in unauthorized framing of or linking to the Services, or attempt to bypass any measures designed to prevent or restrict access;
• Make any unauthorized use of the Services, including collecting usernames or email addresses to send unsolicited communications, or creating accounts by automated means or under false pretenses;
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use of the Services, or that modifies, impairs, or disrupts the operation of the Services;
• Use the Services in a manner inconsistent with any applicable law or regulation, or to compete with us or for any revenue-generating endeavor not authorized by us.

7. Submissions & Communications

Any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Services (“Submissions”) are non-confidential and shall become our sole property. We shall own all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and warrant that they are original to you or that you have the right to submit them.

8. Third-Party Providers, Websites & Content

The Services may contain links to, or references to, third-party websites, Providers, or content (“Third-Party Content”) that are not owned or controlled by us. We do not investigate, monitor, or verify the accuracy, completeness, or reliability of any Third-Party Content and are not responsible for it. Inclusion of, linking to, or permitting the use of any Third-Party Content does not imply approval or endorsement by us. Your dealings with any Provider or third party are solely between you and that party, and you agree that PITON-Global shall have no liability arising from any such dealings.

9. Fees & Engagement Terms

Where the Services are provided to a client at no cost, no fee obligation arises from the use of this website. Where PITON-Global provides advisory services pursuant to a separate written engagement agreement, the terms of that agreement shall govern the scope, fees, and deliverables of those services and, in the event of a conflict with these Terms regarding such services, that engagement agreement shall control. These Terms otherwise remain in effect with respect to your use of the Services.

10. Confidentiality

Each party agrees to protect the other party’s confidential information using the same degree of care it uses to protect its own confidential information of like importance, and in no event less than a reasonable degree of care. Confidential information does not include information that is or becomes publicly available through no breach of these Terms, was rightfully known prior to disclosure, or is independently developed without use of the disclosing party’s confidential information. This Section survives termination of these Terms.

11. Disclaimer of Warranties

PITON-Global makes no warranty that the Services will meet your requirements, be available on an uninterrupted, secure, or error-free basis, or that the information provided through the Services is accurate, reliable, complete, or current. PITON-Global makes no warranty regarding the quality, safety, legality, or performance of any Provider. No advice or information, whether oral or written, obtained from PITON-Global or through the Services, shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

Certain jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the foregoing limitations shall apply to the maximum extent permitted by law. The limitations in this Section form an essential basis of the bargain between you and PITON-Global and shall survive and apply even if any limited remedy is found to have failed of its essential purpose.

13. Indemnification

You agree to defend, indemnify, and hold harmless PITON-Global and its members, managers, officers, employees, affiliates, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of the rights of a third party, including any Provider; (d) your violation of any applicable law or regulation; or (e) any engagement, dispute, or transaction between you and any Provider. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

14. Dispute Resolution; Binding Arbitration

Informal Resolution. Before initiating any formal proceeding, the parties shall first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) informally by written notice and good-faith negotiation for a period of at least thirty (30) days.

Binding Arbitration. If the Dispute is not resolved, it shall be finally settled by binding arbitration The arbitration shall be conducted in Metro Manila, Philippines, under the auspices of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) in accordance with its Arbitration Rules, before a single arbitrator, and the language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property or confidential information. Opt-Out. You may opt out of this arbitration agreement by sending written notice to contactus@piton-global.com within thirty (30) days of first accepting these Terms.

15. Governing Law & Venue

These Terms and your use of the Services are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict-of-laws principles. Subject to the arbitration provisions in Section 14, you agree that the courts of Metro Manila, Philippines shall have exclusive jurisdiction and venue over any dispute not subject to arbitration, and you irrevocably consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16. Term & Termination

These Terms remain in full force and effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of these Terms. We may terminate your use or participation in the Services or delete any content or information you posted at any time, without warning. All provisions of these Terms which by their nature should survive termination shall survive, including Sections 5, 7, 10, 11, 12, 13, 14, 15, and 18.

17. Modifications to the Terms & Services

We reserve the right to change, modify, or remove the contents of the Services, and to revise or update these Terms, at any time and for any reason at our sole discretion. We will indicate the “Last Updated” date at the top of these Terms. It is your responsibility to review these Terms periodically. Your continued use of the Services after any revised Terms are posted constitutes your acceptance of the changes. We cannot guarantee the Services will be available at all times and shall not be liable for any interruption, suspension, or discontinuance of the Services.

18. General Provisions

Entire Agreement. These Terms, together with any policies or operating rules posted by us and any applicable engagement agreement, constitute the entire agreement between you and PITON-Global regarding the Services and supersede all prior understandings. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No Waiver. Our failure to enforce any right or provision shall not operate as a waiver of that right or provision. Assignment. You may not assign these Terms without our prior written consent; we may assign our rights and obligations freely. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control. Notices. All legal notices to PITON-Global must be sent in writing to the address below.

19. Contact Information

To resolve a complaint regarding the Services or to receive further information regarding their use, please contact us at: