TERMS OF SERVICE

1. Acceptance of Terms

Welcome to Kompanya.ph ("Kompanya," "we," "us," or "our"), a technology platform that connects job seekers with legitimate employers and accredited recruitment agencies. By accessing or using our website, mobile applications, and related services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms that may apply to specific services.

These Terms constitute a legally binding agreement between you and Kompanya Technologies Inc., a corporation duly organized and existing under the laws of the Republic of the Philippines. If you do not agree to these Terms, you must not access or use the Platform.

By using the Platform, you also acknowledge that Kompanya.ph is not an employment agency, recruitment agency, or employer, and does not guarantee employment outcomes. We provide a technology platform that facilitates connections between job seekers and employers.

2. Eligibility & Capacity

To use the Platform, you must meet the following eligibility requirements:

• Age Requirement: You must be at least eighteen (18) years of age. If you are between 15 and 18 years old, you may only use the Platform with the supervision and consent of a parent or legal guardian, in accordance with Article 139 of the Labor Code regarding employment of minors.
• Legal Capacity: You must have the legal capacity to enter into a binding contract. If you are registering on behalf of a business entity, you represent and warrant that you are duly authorized to act on behalf of that entity and bind it to these Terms.
• Accuracy of Information: All information you provide during registration and throughout your use of the Platform must be accurate, current, and complete. You agree to update your information promptly when changes occur.
• Compliance with Laws: You agree to comply with all applicable Philippine laws, regulations, and ordinances, including but not limited to the Labor Code, the Data Privacy Act, and relevant DOLE issuances.

We reserve the right to verify your identity and eligibility at any time and may suspend or terminate your account if we determine you do not meet these requirements.

3. User Accounts & Security

3.1 Account Registration

To access certain features of the Platform, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:

• Provide accurate and truthful information during registration;
• Not share your account credentials with any third party;
• Notify us immediately at security@kompanya.ph of any unauthorized use of your account;
• Log out of your account after each session, especially when using shared devices.

3.2 Account Types

• Job Seeker Account: For individuals seeking employment opportunities. Job seeker accounts are free to create and use. You may create only one job seeker account. Multiple accounts or impersonation are strictly prohibited.
• Employer Account: For businesses, corporations, partnerships, sole proprietorships, and accredited recruitment agencies posting job openings. Employer accounts are subject to verification and may require payment of subscription fees for premium features. Employers must provide valid SEC/DTI registration documents and valid government IDs of authorized representatives.
• Agency Account: For recruitment agencies licensed by the Philippine Overseas Employment Administration (POEA) or Department of Labor and Employment (DOLE). Agency accounts require submission of valid POEA/DOLE licenses and may be subject to additional verification.

4. For Job Seekers

4.1 Profile Accuracy & Integrity

You are solely responsible for the accuracy, completeness, and truthfulness of your profile information, resume, cover letters, and any documents you upload to the Platform. Misrepresenting your qualifications, work experience, education, skills, identity, or any other information may result in:

• Immediate termination of your account;
• Notification to employers who received your applications;
• Legal liability for fraud or misrepresentation under the Revised Penal Code and applicable labor laws;
• Permanent ban from using the Platform.

4.2 Job Applications

When you apply for a job through Kompanya.ph, your profile information, including your resume and contact details, is shared with the employer or recruitment agency you applied to. You acknowledge and consent to this sharing. Kompanya.ph is not responsible for:

• Employer hiring decisions, including rejection of applications;
• The accuracy or legality of job postings;
• Any employment relationship, contract, or dispute between you and an employer;
• Any damages arising from interactions with employers or third parties.

4.3 No Guarantee of Employment

Kompanya.ph provides job matching services but does not guarantee that you will receive job offers, interviews, interviews, or employment. We do not promise that any job posting will result in a successful hire. Kompanya.ph is not an employer and does not enter into employment relationships with users.

4.4 Prohibition on Placement Fees

Under Article 34 of the Labor Code and DOLE Department Order No. 141-14, it is unlawful for any person or entity to collect fees from job seekers for employment assistance. If any employer or recruiter requests payment from you, report them immediately to fraud@kompanya.ph and to the nearest DOLE office.

5. For Employers & Recruiters

5.1 Job Postings & Compliance

Employers and recruiters are solely responsible for all job postings, including the accuracy, legality, and compliance with applicable laws. Job postings must comply with:

• Labor Code of the Philippines: Postings must comply with labor standards, including minimum wage requirements, working conditions, and employment terms.
• Republic Act No. 11360 (Service Charge Law): Postings must not violate provisions on service charges and tips.
• Anti-Discrimination Laws: Postings must not discriminate based on age, sex, gender identity, civil status, disability, religion, ethnicity, or political affiliation, in accordance with Republic Act No. 11313 (Safe Spaces Act) and other anti-discrimination laws.
• DOLE Department Order No. 174-17: For construction industry postings, compliance with contractor/subcontractor requirements.

5.2 Prohibited Job Postings

The following job postings are strictly prohibited and will be removed without notice:

• Placement Fee Requirements: Any posting requiring payment from applicants, including training fees, processing fees, or any form of payment, in violation of the Labor Code.
• Discriminatory Requirements: Postings that discriminate based on age, gender, religion, civil status, disability, or other protected characteristics.
• Misleading or Fraudulent Postings: Postings that misrepresent job duties, compensation, location, or employer identity.
• Illegal Activities: Postings for illegal activities, including but not limited to human trafficking, illegal gambling, or positions violating the law.
• Unlicensed Recruitment Agencies: Postings by entities without valid POEA or DOLE licenses for recruitment activities.
• Pyramiding/MLM Schemes: Postings for multi-level marketing or pyramid schemes disguised as legitimate employment.

5.3 Employer Verification

We reserve the right to verify employer accounts. You agree to provide:

• Valid SEC Certificate of Incorporation (for corporations) or DTI Certificate of Business Name Registration (for sole proprietorships);
• Valid government-issued IDs of authorized representatives;
• For recruitment agencies: Valid POEA License or DOLE Accreditation;
• Any additional documentation we may reasonably request.

Failure to provide verification documents within the requested timeframe may result in account suspension or termination.

5.4 Subscription & Payments

Some employer features require paid subscriptions. By subscribing, you agree to pay all applicable fees as described at the time of purchase. Fees are non-refundable unless otherwise stated. We may change pricing with thirty (30) days' prior notice. Late payments may result in suspension of services.

5.5 No Recruitment Without License

Under Article 27 of the Labor Code, recruitment and placement activities for overseas employment require a valid license from POEA. Employers and recruiters posting overseas jobs must hold the appropriate licenses and comply with RA 8042.

6. Prohibited Conduct & Illegal Recruitment

You may not engage in any of the following prohibited activities. Violation may result in immediate termination and referral to appropriate government agencies:

• Illegal Recruitment: Engaging in recruitment activities without the required license from DOLE or POEA, or charging fees from job seekers.
• Fraud & Misrepresentation: Posting false information, impersonating another person or entity, or misrepresenting qualifications.
• Harassment & Abuse: Harassing, threatening, intimidating, or abusing other users.
• Unauthorized Access: Attempting to bypass security measures, access unauthorized data, or use automated bots to scrape the Platform.
• Malicious Code: Uploading viruses, malware, ransomware, or any harmful code.
• Intellectual Property Infringement: Violating intellectual property rights of Kompanya.ph or third parties.
• Spam & Phishing: Sending unsolicited commercial messages, phishing attempts, or collecting user information without consent.
• Violation of Labor Laws: Posting jobs that violate the Labor Code, including below-minimum wage offers, illegal working conditions, or non-compliance with mandatory benefits.
• Human Trafficking: Any activity related to human trafficking, forced labor, or exploitation, in violation of Republic Act No. 9208 (Anti-Trafficking in Persons Act), as amended.

7. Intellectual Property

7.1 Our Intellectual Property

The Platform, including but not limited to its design, logo, trademarks, software, code, content, graphics, and user interface, is owned by Kompanya Technologies Inc. and protected by Philippine intellectual property laws, including Republic Act No. 8293 (Intellectual Property Code of the Philippines). You may not copy, modify, distribute, create derivative works, reverse engineer, or commercially exploit any part of the Platform without our prior written consent.

7.2 Your Content

You retain ownership of your profile information, resume, and any content you post on the Platform. By posting content, you grant Kompanya.ph a worldwide, non-exclusive, royalty-free license to use, store, display, and distribute your content as necessary to provide our services. You represent and warrant that you have all necessary rights to grant this license.

7.3 Copyright Infringement

If you believe that your copyrighted work has been infringed on the Platform, please contact our designated copyright agent at legal@kompanya.ph with a detailed notice.

8. Limitation of Liability & Disclaimer

8.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOMPANYA.PH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR JOB POSTINGS;
• WARRANTIES REGARDING EMPLOYMENT OUTCOMES OR HIRING DECISIONS.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOMPANYA.PH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM EMPLOYMENT DECISIONS, HIRING OUTCOMES, OR INTERACTIONS BETWEEN USERS;
• SERVICE INTERRUPTIONS, TECHNICAL ISSUES, OR UNAUTHORIZED ACCESS TO DATA;
• ANY CLAIMS ARISING FROM THIRD-PARTY CONDUCT OR CONTENT.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE THOUSAND PESOS (PHP 1,000.00) FOR FREE USERS.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kompanya.ph, its officers, directors, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform or any content you post;
• Your violation of these Terms or applicable laws;
• Your violation of any third-party rights, including intellectual property or privacy rights;
• Any dispute between you and another user;
• Your employment relationship or interactions with employers.

10. Termination & Suspension

10.1 Termination by You

You may delete your account at any time through account settings. Upon deletion, your access to the Platform will be immediately suspended, and your data will be processed in accordance with our Privacy Policy.

10.2 Termination by Us

We may suspend or terminate your account, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or our policies;
• Fraudulent, abusive, or illegal activity;
• Failure to verify your account or provide requested documentation;
• Non-payment of subscription fees;
• Any conduct that we believe poses a risk to the Platform or its users.

We will notify you of termination via email, but we are not required to provide prior notice. Upon termination, your right to use the Platform ceases immediately, and we may delete your data subject to our retention policies.

11. Dispute Resolution & Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of laws principles. The Labor Code of the Philippines, Data Privacy Act of 2012, and other relevant Philippine laws shall apply where applicable.

11.2 Dispute Resolution Process

Any dispute arising from or relating to these Terms or your use of the Platform shall be resolved through the following process:

1. Informal Resolution: Parties shall first attempt to resolve disputes through good-faith negotiations. You may contact our support team at support@kompanya.ph to initiate this process.
2. Mediation: If the dispute remains unresolved after thirty (30) days, either party may request mediation through the Philippine Dispute Resolution Center, Inc. (PDRCI) or another mutually agreed mediator. The cost of mediation shall be shared equally.
3. Arbitration: If mediation fails, disputes shall be resolved through arbitration in accordance with the Alternative Dispute Resolution Act of 2004 (RA 9285) and the rules of the PDRCI. Arbitration shall be conducted in Cebu City, Philippines.
4. Court Action: Any dispute not subject to arbitration, or any action for injunctive relief, shall be brought exclusively in the proper courts of Cebu City, Philippines. You irrevocably consent to the personal jurisdiction of these courts.

Waiver of Class Action: You agree to resolve disputes on an individual basis and waive any right to participate in a class action, class arbitration, or representative action against Kompanya.ph.

12. Amendments to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through:

• Posting the updated Terms on this page with a new "Effective" date;
• Sending an email notification to the address associated with your account;
• Displaying a prominent notice on the Platform.

Your continued use of the Platform after the effective date constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must discontinue using the Platform and delete your account.

13. Contact Information

For questions, concerns, or legal notices regarding these Terms, please contact us: