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Terms and Condition

Travel Oriental Mindoro is an application for various platforms, developed and offered to you by PGOM registered in Calapan City, Oriental Mindoro, Philippines ("Provider"). By accessing or using Travel Oriental Mindoro, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Privacy Policy , whether or not you are a registered user of the App. This Agreement applies to all visitors, users, members, contributors and others who access Travel Oriental Mindoro (“Users”). Your use of the Travel Oriental Mindoro application and all the related services provided through it by Provider (collectively referred as "Travel Oriental Mindoro") is subject to the following terms (“Terms”):

A. Terms of Use

Travel Oriental Mindoro enables its users to search, navigate and explore Oriental Mindoro tourist attractions and other places in which users wish to explore while or prior visiting Oriental Mindoro.

Eligibility. 

You may use Travel Oriental Mindoro only if you can form a binding contract with the provider, and only in compliance with this Agreement and all applicable local and international laws, rules, and regulations. You must be 18 years old or older to use or access Travel Oriental Mindoro, unless you are under 18 years old and your use of Travel Oriental Mindoro is directly supervised by your parent or guardian or another authorized adult who agrees to be bound by this Agreement. Any use or access to Travel Oriental Mindoro by anyone under 18 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. By using Travel Oriental Mindoro, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

Your use of Travel Oriental Mindoro

You must use Travel Oriental Mindoro only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws and terms and conditions of third parties. You must not use Travel Oriental Mindoro to engage yourself in the following prohibited activities: (i) collecting or harvesting any personally identifiable information, including account names, from Travel Oriental Mindoro for further distribution to third parties without knowledge and consent of the provider; (ii) using Travel Oriental Mindoro for illegal activities such as gambling or to such effect prohibited by laws, (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Travel Oriental Mindoro, (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running Travel Oriental Mindoro; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through Travel Oriental Mindoro; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of Travel Oriental Mindoro; (x) accessing any content on Travel Oriental Mindoro through any technology or means other than those provided or authorized by Travel Oriental Mindoro; (xi) bypassing the measures we may use to prevent or restrict access to Travel Oriental Mindoro, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of Travel Oriental Mindoro or the content therein; ; (xii) using Travel Oriental Mindoro to support, incite or promote discrimination, hostility or violence;

B. License and ownership

Travel Oriental Mindoro application and all rights therein, including intellectual property rights, shall remain Provider's property or the property of its licensors. Subject to the Terms, Provider grants to access and use Travel Oriental Mindoro. Therefore, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Travel Oriental Mindoro application. Third-party services or libraries included in Travel Oriental Mindoro are licensed to you either under these Terms, or under the third party's license terms, if applicable. Based on your license, you may not access Travel Oriental Mindoro with other means than the official application, mine or extract any data from Travel Oriental Mindoro databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Travel Oriental Mindoro application or any part thereof and circumvent any technology used to protect its features. You also may not remove, delete or obliterate any copy- right notices, proprietary labels or private legends placed upon or found within the Travel Oriental Mindoro application.

These Terms regulate the legal relationship between you and the Provider and also represent a framework contract on the basis of which Provider is providing an account information service to you. The Terms are always available to you through the distribution platforms or in the Travel Oriental Mindoro application. You may not use Travel Oriental Mindoro unless you express your acceptance of the Terms during the sign-up process by choosing “Accept” in a confirmation dialog box.

C. Term

The Agreement will remain in full force and effect while you use Travel Oriental Mindoro and until terminated by either you or the Provider. Termination always includes deletion of your user account. You may terminate the Agreement at any time and for any reason by sending a notice to the Provider (by e-mail) and deleting the Travel Oriental Mindoro application. Provider may terminate the Agreement upon notice at any time and for any reason. In exceptional circumstances under relevant International or Philippine laws, such as money laundering or terrorist financing, gambling, data privacy or any other use of the application for illegal activities, Provider may terminate the Agreement without notice at any time. In case of termination due to your breach of the Terms you are not entitled to any refunds.

When there are changes in laws or regulations, technology or organizational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through Travel Oriental Mindoro application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement or registering a user account. You will be notified about the planned changes through the Travel Oriental Mindoro application. By continued use of Travel Oriental Mindoro, you are expressing your acceptance of the changes. If you do not agree with the changes, you may terminate the Terms at any time and free of charge. Release of updated version of the Travel Oriental Mindoro application may precede the effective date of the updated Terms for the existing users. You may be required to accept the updated Terms in order to be able to use all features of the updated version of the Travel Oriental Mindoro application.

D. Registration and User Account

In order to be able to use Travel Oriental Mindoro, you have to sign up. You can sign up with your email or with your personal Facebook or Google account. You agree to provide to the Provider only accurate, truthful and current information and keep it up to date. You must keep your Travel Oriental Mindoro account login information confidential and secure and you may not share it with anyone. You are solely responsible and liable for any and all activities that occur under your account. The Provider reserves the right to refuse your registration or suspend your Travel Oriental Mindoro account at any time.

E. Maintenance and Support

Travel Oriental Mindoro is subject to a continuous development and Provider reserves the right, at its sole discretion, to update the Travel Oriental Mindoro application, change the nature of Travel Oriental Mindoro or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update Travel Oriental Mindoro. Provider does not guarantee an uninterrupted provision of the services. Travel Oriental Mindoro or integrated third-party services may be temporarily unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider's control. If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to users of Travel Oriental Mindoro is limited due to the limited capacity of the Provider.

G. Privacy

By using Travel Oriental Mindoro you acknowledge that the Provider will process your personal data to the extent necessary for providing the services according to this Agreement. All information, including the extent and the manner of processing your personal data is included in the "Privacy Policy", which forms an integral part of the Terms. You can withdraw given consents regarding personal data processing at any time within the Travel Oriental Mindoro application.

H. Security

The provider cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

I. Warranties and Waiver

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE TRAVEL ORIENTAL MINDORO APPLICATION AND INTEGRATED THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY AND EFFORT, REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TRAVEL ORIENTAL MINDORO APPLICATION AND INTEGRATED THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, AND PROFITS, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE TRAVEL ORIENTAL MINDORO AND INTEGRATED THIRDPARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF TRAVEL ORIENTAL MINDORO OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER'S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH.

You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising out of your use of Travel Oriental Mindoro and integrated third-party services, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys' fees.

J. Third-party Services

Travel Oriental Mindoro or its parts may integrate or otherwise include third-party services or content such as Facebook Login and Google Login. You acknowledge that also other terms and conditions than these Terms may apply to your use of such third-party services (including privacy policies) and that Provider does not guarantee availability of such services and content. You must agree and comply with any applicable third-party terms when using Travel Oriental Mindoro. The mere fact that Travel Oriental Mindoro integrates or otherwise includes third-party services or content does not constitute an endorsement of Travel Oriental Mindoro by respective third parties and hence the provider is not liable for any risk or harm associated with using the third-party services.

K. iOS Platform

If you are an iOS device user, the terms in this section also apply to you: You acknowledge that the Terms are concluded between you and Provider only, not with Apple, and that Provider, not Apple, is solely responsible for Travel Oriental Mindoro application and the content thereof, excluding user content. The license granted to you must be limited to use Travel Oriental Mindoro only as permitted by the Usage Rules set forth in the App Store Terms of Service. Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Travel Oriental Mindoro. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Travel Oriental Mindoro. In the event of any failure of Travel Oriental Mindoro to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Travel Oriental Mindoro, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Provider. Provider, not Apple, is responsible for addressing any your or third-party claims relating to Travel Oriental Mindoro or your possession and/or use of Travel Oriental Mindoro, including, but not limited to, product liability claims, any claim that the Travel Oriental Mindoro fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation. You acknowledge that, in the event of any third-party claim that Travel Oriental Mindoro or your possession and use of Travel Oriental Mindoro infringes that third party's intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. 

L. OTHERS

Governing Law and Disputes

Any dispute or claim arising out of or in connection with this Agreement shall be governed by the local and International laws. All court disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of Provider.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Feedback and Contact Information

Your questions, suggestions, complaints with respect to Travel Oriental Mindoro should be directed to: PGOM, with its registered office at Calapan City, Oriental Mindoro, Philippines and you may e-mail us at [email protected]