BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (”AGREEMENT”) WITHOUT MODIFICATION. CERTAIN TERMS, INCLUDING BUT NOT LIMITED TO THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CLAUSE, which MAY RESTRICT YOUR RIGHTS TO BRING A CLAIM IN A COURT OF LAW. If you are not an Authorised User, and if you do not agree to the terms of this Agreement, you may not use this Site, including without limitation to make a reservation, or download any Materials from it. If you do not agree with these terms and conditions, please leave the Site immediately.
The documents, data, information and other materials (collectively the “Material(s)”) contained on the Web Site (the “Site”) are provided by MRC, a company registered in The Philippines (MRC), exclusively for non-commercial, individual use by prospective and confirmed MRC guests to inquire about or make travel reservations and related services and for no other purpose (collectively, “Authorised Users”). MRC reserves the right to change the terms, conditions, and notices under which the Materials and the Site are offered at any time.
AGREEMENT FOR USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations facilities of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site. Note that in most cases MRC-branded hotels are independently owned and your transaction may not be a direct transaction with MRC, but with the franchisor/licensor of an hotel. By using this Site you agree to be bound to the owner of the hotel and to MRC if applicable, and to abide by the booking terms and conditions.
WIRELESS RESERVATIONS
Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
CURRENCY CONVERSION
Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in hotel’s local currency. Currency quotes are not updated every day. The currency information supplied by this web site is believed to be accurate, but MRC and/or its parent, subsidiaries and affiliates do not warrant or guarantee such accuracy.
LIMITED LICENSE TO VIEW AND COPY
The content and information displayed on this Site (“MRC Materials”) is the property of MRC and/or other parties. The downloading, reproduction, or retransmission of MRC information, other than for non-commercial individual use, is strictly prohibited.This Site is to be used by Authorised Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorised User, you are granted a limited, non-transferrable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
PROHIBITED CONDUCT
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of MRC; (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libellous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of MRC and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of MRC and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to, without limitation, the restrictions under Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines, Republic Act No. 165, Republic Act No. 166, and Presidential Decree No. 49, among others. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilise framing techniques to frame any MRC trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilising our name, trademarks or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are the copyrighted property of one of the MRC companies, or their subsidiaries, affiliates, or an MRC licensor, as applicable. All contents of this Web site are protected by The Republic of The Philippines and international copyright laws.Malayo Resorts is a trade name describing the subsidiary companies of Malayo Resorts Corp involved in the hotel business in the Republic of Philippines. Trademarks (Logotypes and Logomarks) owned by an MRC company may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this site. Any rights not expressly granted herein are reserved.The following are some of the service marks owned by Malayo Resorts Corp, its parent, subsidiaries, or affiliates, all InterContinental Hotels Group companies: Malayo, Malayo Resorts, Malayo Expeditions, Sader Beach Club & Bungalows, Sader Sunsets
COPYRIGHT POLICY
MRC respects the copyright rights of others and has adopted and implemented a policy that provides for (a) the removal of content from this Site under appropriate circumstances, and (b) the suspension or termination of account holders or subscribers who repeatedly infringe the copyright rights of others. If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact MRC’s designated Copyright Agent, as hereafter defined, and provide the following information: A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number); A statement that the complaining party has a good faith belief that use of the material is unauthorised; and, A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement should be directed to the MRC Copyright Agent as follows:Parties submitting content to the Site should be aware that MRC reserves the right to suspend or terminate their subscriptions or accounts in the event that MRC determines, in its sole discretion, that they have engaged in repeated acts of copyright infringement.
OWNERSHIP OF MATERIALS
The Materials are confidential and proprietary information of MRC or its licensors, as applicable.
LINKED WEB SITES
This Site includes links to other web sites. MRC provides such links solely as a convenience to you and for informational purposes only. MRC has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates MRC’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither MRC, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
PRIVACY
Your use of the Site is subject to the MRC Privacy Policy. If you would like to view the privacy practices please review our Privacy Statement.
SECURITY
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify MRC immediately in the event that the security of your login or password has been breached.
DISCLAIMER
THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further MRC does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. MRC may make changes to the Materials, or the programmes, policies or other information described in the Materials, at any time without notice. MRC makes no commitment to update the Materials.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MRC BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY MRC OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF MRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MRC limits the collection, use and retention of information/data only for legitimate purposes necessary for MRC to administer its business, and to facilitate access to its various products or services. By accession to this Agreement, you consent to the collection and use of your personal data by MRC for the processing of any requests/application with the same. MRC reserves the right to disclose any information when compelled by a court of law or any governmental entity or when ascertained to be necessary or desirable to comply with law, applicable rule or regulation, or to protect/defend MRC rights or property. MRC reserves the right to retain information collected and to process such information to comply with accounting and tax rules and regulations. Information may be used for marketing, promotion and research, understanding and analyzing customer behavior and customer profiling to improve our services. MRC intends to use your personal information (including your name, address, telephone numbers, email and other contact details) to send marketing communications such as direct-mail, email, telephone calls and SMS containing news, offers, promotions, events, to be offered by MRC or its business partners in relation to the following classes of products and services: travel, transportation, retail, food and beverage, real estate, entertainment, publications, leisure and sports, health and wellness, non-profit and charitable activities, telecommunications, social networking, media and public relations. You will receive marketing materials if you have given your consent to the same and may elect to unsubscribe from receiving future promotions upon your discretion and appropriate notice to MRC. Except as otherwise provided, MRC does not permit the sale or transfer of personally identifiable information to third parties. WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
TERMINATION/ACCESS RESTRICTION
MRC reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.NOTICES. All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by MRC, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.GOVERNING LAW. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Republic of The Philippines, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement or Materials may be filed only in the courts located in the Republic of The Philippines.
ARBITRATION
Except with respect to any claim or dispute involving the ownership, validity or use of any MRC trademarks or service marks, any dispute arising out of or related to this Agreement or Materials (including any claim that any provision of this Agreement or Materials are invalid, illegal, or otherwise voidable or void), seeking as relief money damages and/or attorneys’ fees or other damages will be submitted for arbitration.If any party provides notice of a dispute concerning this Agreement, the parties shall use their best reasonable efforts to resolve the dispute by informal discussions before proceeding to arbitration. Such discussions shall take place no later than two (2) weeks after the giving of notice of dispute and shall require that the parties meet in person at an agreed location and carry out discussions aimed at resolving the dispute. If there is no resolution of the dispute within two (2) weeks of such initial meeting, the party who gave the notice may proceed to arbitration under the procedures prescribed by UNCITRAL set forth below.Any dispute, controversy or claim (including any issue with respect to the breach, termination, validity or enforceability of this Agreement) arising out of, relating to, or in connection with, this Agreement shall be solely and finally settled by arbitration conducted in accordance with the UNCITRAL Arbitration Rules. The number of arbitrators shall be three and the place of arbitration shall be in Makati City, Philippines. Arbitration shall be conducted in the English language.For purposes of arbitration in the Philippines, the “Appointing Authority” referred to in the UNCITRAL Arbitration Rules shall be the Philippine Dispute Resolution Center, Inc.For purposes of clarity, no claim that this Agreement is void, unenforceable or ineffective shall preclude submission of any dispute, controversy or claim to arbitration. The parties recognize that: (a) the panel of arbitrators has jurisdiction to settle the issue of whether this Agreement (or any provision thereof) is void, unenforceable or ineffective; and (b) neither party has the right to ask a court to restrain or enjoin the conduct of arbitration proceedings for the settlement of any dispute, controversy or claim under this Agreement. The parties also agree that the filing of any judicial complaint or suit against a party and any of such party’s officers, directors, employees or agents in relation to any matter arising out of, relating to, or in connection with this Agreement shall not preclude submission of any dispute, controversy or claim to arbitration.
MISCELLANEOUS PROVISIONS
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of MRC in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.
© Copyright 2020 Malayo Resorts Corp. (Paraiso Roberto, Sitio Sader, Barangay Bantulan, Municipality of Taytay, Province of Palawan 5312)
Effective Date: 01 November 2020
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