Website Terms of Use (Philippines)
WEBSITE TERMS OF USE
Electronic Commerce Act (RA 8792, 2000) | Civil Code of the Philippines (RA 386) | Cybercrime Prevention Act (RA 10175, 2012)
Effective Date: [Effective Date]
Welcome to [Website URL] ("Website"), operated by [Operator Name] ("Operator"), with principal office at [Operator Address]. The Website provides: [Website Description]
By accessing, browsing, or using the Website, you ("User") agree to be bound by these Terms of Use ("Terms"), the Privacy Policy, and all applicable Philippine laws. If you do not agree, please discontinue use of the Website immediately.
1. ACCESS AND USE
1.1 The Operator grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for its intended purpose, subject to these Terms.
1.2 The Operator reserves the right to modify, suspend, or discontinue the Website or any part thereof at any time with reasonable notice. Access to certain features may require registration.
1.3 You represent that you are at least 18 years of age and have full legal capacity to agree to these Terms under the Family Code of the Philippines (Executive Order 209, 1988). If you are below 18, use of this Website must be supervised by a parent or legal guardian.
2. INTELLECTUAL PROPERTY
2.1 All content on the Website — including text, articles, photographs, graphics, logos, audiovisual works, and software — is owned by or licensed to the Operator and is protected under the Intellectual Property Code of the Philippines (Republic Act 8293, 1997). No content may be reproduced, distributed, or publicly displayed without the Operator's prior written consent.
2.2 Trademarks, service marks, and logos appearing on the Website are registered or unregistered marks of the Operator or third parties. Nothing in these Terms grants any license to use these marks.
2.3 Users who submit content to the Website grant the Operator a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content in connection with the Website's operation.
3. PROHIBITED USES
3.1 You may not use the Website to: (a) engage in unauthorized access or hacking under Section 4(a)(1) of the Cybercrime Prevention Act (RA 10175); (b) upload or distribute malware or harmful code; (c) post defamatory, obscene, or threatening content; (d) collect personal data of other users without their consent in violation of the Data Privacy Act (RA 10173); (e) infringe the intellectual property rights of the Operator or third parties under RA 8293; (f) engage in online libel under Section 4(c)(4) of RA 10175; (g) facilitate money laundering under the AMLA (RA 9160, as amended); or (h) engage in any other activity that violates Philippine law.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1 The Website and its content are provided on an 'as is' basis without warranties of any kind, express or implied. The Operator does not warrant the accuracy, completeness, or timeliness of any content on the Website.
4.2 To the fullest extent permitted by Philippine law, the Operator shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Website. Nothing in this clause affects non-waivable consumer protections under the Consumer Act (RA 7394).
4.3 The Website may contain links to third-party websites. The Operator has no control over and accepts no liability for the content, privacy practices, or availability of those websites.
5. GOVERNING LAW AND DISPUTES
5.1 These Terms are governed by the laws of the Republic of the Philippines, including the Civil Code (RA 386), the Electronic Commerce Act (RA 8792), and the Cybercrime Prevention Act (RA 10175).
5.2 Any dispute shall be submitted to the exclusive jurisdiction of the courts of [Governing City], Philippines. Where required by the Local Government Code (RA 7160), barangay-level conciliation through the Lupong Tagapamayapa is a prerequisite before court filing.
5.3 For queries, contact: [Operator Name], [Operator Address], [Contact Email].
Authorized Representative
________________
Signature
What Is a Website Terms of Use (Philippines)?
A Website Terms of Use in the Philippines defines what each party must do under the deal and the consequences of failing to perform.
Under the Electronic Commerce Act (RA 8792), an electronic document or electronic data message has the same legal effect as a document executed in writing, provided the requirements for a valid contract under Civil Code Articles 1305 to 1320 are met — consent, a definite object, and a lawful cause or consideration. The Department of Information and Communications Technology (DICT) and the Department of Trade and Industry (DTI) have issued guidelines on electronic contracting that support the enforceability of website-based agreements.
The Supreme Court of the Philippines has examined the enforceability of website agreements in the context of electronic evidence under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC), which treat electronic documents as admissible evidence in Philippine courts. Terms of Use accepted through clickwrap or browsewrap mechanisms are treated as electronic contracts under RA 8792 and may be adduced as evidence in Regional Trial Court proceedings.
A Website Terms of Use document is closely related to but distinct from a Privacy Policy and an Acceptable Use Policy. The Terms of Use covers the overall legal relationship between the site operator and visitors — including intellectual property, disclaimers, and governing law — while the Privacy Policy specifically addresses personal data processing under the Data Privacy Act (RA 10173) and the National Privacy Commission (NPC) rules, and the Acceptable Use Policy details the specific behavioral rules for system use.
The legal framework governing the Website Terms of Use (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Website Terms of Use (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Revised Corporation Code (RA 11232, 2019) sets the foundational requirements.
When Do You Need a Website Terms of Use (Philippines)?
Website Terms of Use are needed by any person or organization in the Philippines that operates a website, mobile application, or digital platform accessible to the public or registered users.
Any Philippine business — whether a corporation registered with the SEC under RA 11232 or a sole proprietor with a DTI business name certificate — that operates a commercial website needs Terms of Use to establish the legal framework governing user access, limit liability for website errors or downtime, and protect the business's intellectual property under the Intellectual Property Code (RA 8293, 1997).
A news organization, blogger, or content creator operating a Philippine website needs Terms of Use to assert ownership of original content under copyright protection granted automatically upon creation under Section 172 of the Intellectual Property Code (RA 8293), and to restrict unauthorized reproduction or distribution of that content.
A Philippine government agency or local government unit (LGU) operating an official website needs Terms of Use to govern public access, disclaim warranties on the accuracy of information, and clarify the terms under which government data may be reproduced under the Freedom of Information (FOI) Executive Order No. 2, Series of 2016.
An e-commerce platform, marketplace, or fintech application operating in the Philippines needs Terms of Use that address the specific DTI e-commerce guidelines under DAO No. 20-12 and the BSP's consumer protection requirements under BSP Circular 1048 for payment-related features.
Any website that uses cookies, web analytics tools such as Google Analytics, or advertising networks that collect behavioral data from Philippine visitors needs Terms of Use that cross-reference a compliant Privacy Policy under the Data Privacy Act (RA 10173) and the NPC's advisory opinions on online tracking.
Parties in Philippines should prepare a Website Terms of Use (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Website Terms of Use (Philippines)
A thorough Philippine Website Terms of Use must include the following essential elements.
Acceptance of Terms: Clear statement that continued use of the website constitutes acceptance of the Terms of Use, and a mechanism — such as a clickwrap agreement — for registered users to actively accept the terms, consistent with the Electronic Commerce Act (RA 8792) requirements for electronic contract formation.
Intellectual Property Ownership: Assertion of the website operator's ownership of all website content — including text, images, graphics, logos, and software — under the Intellectual Property Code of the Philippines (RA 8293, 1997), with a grant of a limited, non-exclusive license for users to access and view content for personal, non-commercial purposes only.
User Content: Terms governing user-submitted content — including ownership, license to the operator, and representations that user content does not infringe third-party rights or violate the Cybercrime Prevention Act (RA 10175) or other Philippine law.
Prohibited Activities: List of prohibited uses referencing specific Philippine statutes, including unauthorized access under Section 4 of RA 10175, online libel under Section 4(c)(4) of RA 10175, and unauthorized data collection under the Data Privacy Act (RA 10173).
Disclaimer of Warranties: Disclaimer of implied warranties as to the accuracy, completeness, or fitness for purpose of website content, subject to non-waivable consumer protections under the Consumer Act (RA 7394).
Limitation of Liability: Cap on the website operator's liability for damages arising from use of the website, consistent with Civil Code Articles 1172 and 2229.
Third-Party Links: Disclaimer of responsibility for third-party websites linked from the website, which is particularly important in light of the broad scope of the Cybercrime Prevention Act (RA 10175).
Governing Law and Jurisdiction: Designation of Philippine law and a specific Philippine court venue — typically the Regional Trial Court of Makati City, Pasig City, or Quezon City for Metro Manila-based businesses.
Additional compliance elements for a Website Terms of Use (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Website Terms of Use (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/business/contracts/website-terms-of-use-philippines
"Website Terms of Use (Philippines) (Philippines)." Forms Legal, 2026, https://forms-legal.com/philippines/business/contracts/website-terms-of-use-philippines.
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title = {Website Terms of Use (Philippines) (Philippines)},
year = {2026},
howpublished = {\url{https://forms-legal.com/philippines/business/contracts/website-terms-of-use-philippines}},
note = {Free legal document template. Based on Revised Corporation Code (RA 11232, 2019)}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, website Terms of Use are enforceable in the Philippines when they meet the requirements for a valid contract under the Civil Code of the Philippines (RA 386) — namely, consent, a definite object, and a lawful cause. The Electronic Commerce Act (Republic Act 8792, 2000) specifically provides that electronic documents and agreements have the same legal effect as written paper contracts, giving website-based agreements full legal recognition. The Rules on Electronic Evidence (A.M. No. 01-7-01-SC) of the Supreme Court of the Philippines allow electronic documents — including records of user acceptance of Terms of Use — to be admitted as evidence in Philippine courts. Clickwrap agreements, where users must actively click 'I Agree' or a similar button to proceed, are generally more enforceable than browsewrap agreements, where acceptance is implied by continued use. Philippine courts have applied Civil Code principles on contract interpretation to website agreements and will scrutinize whether terms are unconscionable under Civil Code Article 24 or constitute a contract of adhesion under the doctrine applied in Philippine cases such as Pilipino Telephone Corporation v Pilipino Telephone Employees Association (G.R. No. 160058, 2004).
Philippine websites and their content are protected under the Intellectual Property Code of the Philippines (Republic Act 8293, 1997), which is administered by the Intellectual Property Office of the Philippines (IPOPHL) at ipophil.gov.ph. Copyright protection attaches automatically to original literary, artistic, and scientific works upon their creation and fixation in a tangible medium under Section 172 of RA 8293 — meaning a website owner does not need to register their content with IPOPHL for copyright protection to apply, though registration creates a public record useful in infringement proceedings. Website content protected by copyright includes: text, articles, and blog posts; original photographs and graphic designs; software code and web design elements; videos and audio recordings; and databases that reflect intellectual creativity in their selection and arrangement. Website designs may also be protectable as original artistic works under Section 172.1(h) of RA 8293. Trademarks used in connection with a website — including domain names that correspond to registered trademarks — are protected under Sections 122 to 136 of RA 8293, and Philippine trademark holders may file a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint with the IPOPHL for cybersquatting cases. The Cybercrime Prevention Act (RA 10175) also criminalizes computer-related copyright infringement under Section 4(c)(1).
Philippine websites that use cookies, web beacons, pixels, or other tracking technologies to collect personal data from visitors must comply with the Data Privacy Act of 2012 (RA 10173) and the National Privacy Commission's (NPC) advisory opinions on online data collection. Under Section 12 of RA 10173, the processing of personal data — including IP addresses, device identifiers, and behavioral browsing data, which constitute personal data under Section 3(g) of RA 10173 — requires a lawful basis, typically either consent or legitimate interests. For consent-based processing, the NPC requires that consent be freely given, specific, informed, and evidenced by a positive act, such as the user actively accepting cookies through a clearly presented cookie consent banner. NPC Advisory Opinion 2021-015 on online tracking confirms that pre-ticked cookie consent boxes do not satisfy the consent standard under RA 10173. The website's Privacy Policy — referenced in the Terms of Use — must disclose the types of cookies used, the purpose of each tracking technology, the identity of third-party analytics and advertising providers (such as Google Analytics or Facebook Pixel), and the user's right to withdraw consent by adjusting browser settings. Websites targeting Philippine residents from outside the Philippines are also subject to RA 10173 under Section 6, which provides for the law's extraterritorial application.
A Website Terms of Use (Philippines) does not legally require a lawyer in Philippines, and individuals and businesses may draft and execute the document independently. The Revised Corporation Code (RA 11232, 2019) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Philippines lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of the Philippines has jurisdiction over disputes arising from this type of document, and Securities and Exchange Commission (SEC Philippines) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Website Terms of Use (Philippines) does not legally require a lawyer in the Philippines, though legal advice is recommended. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contracts. The Securities and Exchange Commission (SEC) regulates corporate documents. The Department of Labor and Employment (DOLE) oversees employment agreements. The Data Privacy Act of 2012 (Republic Act No. 10173) and National Privacy Commission (NPC) impose data protection obligations. The Bureau of Internal Revenue (BIR) requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Philippine attorney for significant transactions. Under Philippines law, Revised Corporation Code (RA 11232, 2019), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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