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Please read these Terms and Conditions carefully before using the On Tour Golf PH website, [Insert Website Address Here] (the “Website”). By accessing or using our Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of these Terms and Conditions, then you are expressly prohibited from using the Website and you must discontinue use immediately.
1. Acceptance of Terms
These Terms and Conditions constitute a legally binding agreement made between you and On Tour Golf PH (referred to as “we,” “us,” or “our”) concerning your access to and use of the Website. You acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions.
2. Use of the Website
- Eligibility: By using the Website, you represent and warrant that you are at least [Insert Relevant Age, e.g., 18 years old] or have the legal capacity to enter into these Terms and Conditions in your jurisdiction.
- Permitted Use: You may use the Website for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website in any way that violates any applicable local, national, or international law or regulation.
- Prohibited Conduct: You agree not to:
- Use the Website in a manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
- Attempt to gain unauthorized access to the Website, user accounts, or computer systems or networks connected to the Website.
- Use any robot, spider, or other automated means to access the Website for any purpose without our express written permission.
- Introduce viruses, worms, Trojan horses, or other malicious code to the Website.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
3. Bookings and Purchases
- Accuracy of Information: You agree to provide accurate, current, and complete information when making bookings or purchases through the Website.
- Pricing and Payment: Prices for tours, products, and services are subject to change without notice. You agree to pay the fees and charges specified at the time of your booking or purchase, including any applicable taxes and surcharges. Payment methods will be as indicated on the Website.
- Confirmation: Your booking or purchase is not confirmed until you receive a confirmation from us. We reserve the right to refuse or cancel any booking or purchase at our sole discretion.
- Cancellations and Refunds: Our cancellation and refund policies are outlined separately on our Website [Link to Cancellation/Refund Policy if applicable]. Please review these policies carefully before making a booking or purchase.
- Third-Party Services: The Website may facilitate bookings for services provided by third parties (e.g., golf courses, transportation providers, accommodations). Your interactions with these third parties are solely between you and them, and we are not responsible for their services or policies.
4. Intellectual Property Rights
- Our Content: The Website and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, software, and code) are owned by On Tour Golf PH, its licensors, or other providers of such material and are protected by Philippine and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your Use of Our Content: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms and Conditions.
- Trademarks: The On Tour Golf PH name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of On Tour Golf PH or its affiliates or licensors. You must not use such marks without our prior written permission.
5. User-Generated Content
- Responsibility: If you submit any content to the Website (e.g., reviews, comments, photos), you are solely responsible for such content. You represent and warrant that you have all necessary rights to submit the content and that it does not violate the rights of any third party or any applicable laws.
- Our Rights: By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- Monitoring and Removal: We have the right, but not the obligation, to monitor, edit, or remove any user-generated content that we believe violates these Terms and Conditions or is otherwise objectionable.
6. Disclaimer of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR UNINTERRUPTED ACCESS.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ON TOUR GOLF PH, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless On Tour Golf PH, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your user-generated content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
9. Governing Law and Jurisdiction
These Terms and Conditions and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of or relating to these Terms and Conditions or the Website shall be instituted exclusively in the courts located in [Insert Preferred Jurisdiction in the Philippines, e.g., the City of Manila]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Termination
We reserve the right to terminate or suspend your access to all or part of the Website, with or without notice, for any reason, including without limitation, breach of these Terms and Conditions. Upon termination, your right to use the Website will cease immediately.
11. Entire Agreement
These Terms and Conditions and our Privacy Policy [Link to Privacy Policy] constitute the entire agreement between you and On Tour Golf PH regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
12. Waiver and Severability
No waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
13. Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at:
On Tour Golf PH
info@ontourgolfph.com
02-553-4440/1
Unit MO1 Makati Palace Hotel P.
Burgos St. Corner Caceres St.
Makati City, Philippines