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USER AGREEMENT FOR RAKSOTRAVEL WEBSITE x-----------------------------------------------------------------x Use of this site is subject to your acceptance of the terms and conditions set forth below. Kindly read this User Agreement first before using this site. By using this site, you are deemed to have read, understood and irrevocably agreed to be bound by the terms and conditions of this User Agreement. If you do not agree with or do not understand any of the following terms and conditions, you must not use this site. 1. OWNERSHIP. This website and each of its component modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Rakso Travel ("RaksoTravel"). Much of the content found on this site is owned by third party providers and distributors; specifically, certain data relating to schedules is the copyrighted work of Abacus web connection and other information providers. The trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered Trademarks of RaksoTravel, its affiliates, and various third parties. Nothing in this site may be construed as in any manner granting any license or right to use any of the Trademarks without the written permission of RaksoTravel or such other party as may own the Trademarks or any of them. 2. USE OF SITE; LIMITATIONS, RESTRICTIONS. RaksoTravel grants you limited, non-transferable permission to use this site in accordance with the terms and conditions of this User Agreement. You may use this site only to make legitimate reservations (“online bookings”) or purchases. You shall not use this site for any other purpose, including but not limited to making speculative, false or fraudulent reservations or transactions, or any reservation or transaction in anticipation of demand. You may not copy, reproduce, republish, upload, post, transmit or distribute this site or anything found herein, including any data/content, text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, without the prior written permission of RaksoTravel and/or its third party providers and distributors, as the case may be; however, you may download, display and print the content found on this site for your personal and non-commercial use only. You are strictly prohibited from using any "robot," "spider" or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the webpages, data or content found on this site. You shall not transmit or otherwise transfer any webpages, data or content found on this site to any other computer, server, website, or other medium for mass distribution, and in any case you shall not use any of the materials found herein for any commercial enterprise or for any purpose other than your personal use only. You are strictly prohibited from using any device, software or routine, or any other means, to interfere or attempt to interfere with the proper functioning of this site. In the course of using this site, you shall not post, submit or transmit anything that may contain viruses or bugs of any kind, or any other harmful content, or any material that may tend to affect, alter, modify or interfere with the functioning of this site, or any content that constitutes an unnecessary bulk for the site. In any event, your permission to use this site does not include doing anything that imposes or tends to impose a burden or load upon our infrastructure that RaksoTravel deems in its sole discretion to be unreasonable. At the discretion of RaksoTravel, your access to this site can be terminated or restricted without prior notice. You are responsible for ascertaining that your use of this site and/or the materials contained herein does not in any manner violate applicable copyright, trademark or other intellectual property laws or other laws, or infringe upon the intellectual property rights of other persons. In any case you shall retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you shall not alter, obscure or obliterate any such notices. The use of any of the aforesaid materials on any other website or in any environment of networked computers or for other than your personal and non-commercial use is strictly prohibited. You shall not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, offensive, false or misleading, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information or material which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, or (c) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages consequent to any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. 3. AGE AND RESPONSIBILITY. By using this site, you represent that you are of sufficient legal age and discretion to use this site and to create and enter into binding legal obligations, and that you possess the requisite financial capacity to answer for any liability you may incur as a result of your use of this site. You are responsible for maintaining the confidentiality of your account information, password, transactions and reservations. You understand and agree that you are responsible for all activities that occur under your account or password, and for all uses of this site by yourself and anyone using your login information and password. 4. PRIVACY. You agree that your personal information and anything that you submit or post to this site may be used by RaksoTravel, its affiliates and third party providers and distributors for any purpose not prohibited by law. It is understood that your personal information may be disclosed or transmitted to law enforcement authorities by virtue of a lawful writ or court order. 5. REVIEW OF TRANSMISSIONS. RaksoTravel may from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that RaksoTravel deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring, examination, recording, copying and review. You agree that if and when you submit suggestions, ideas, comments or questions or post any other information on this site, you shall be deemed to have granted RaksoTravel and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. RaksoTravel takes no responsibility and assumes no liability for any content posted or submitted by you. 6. EXCLUSIONS AND DISCLAIMERS. RaksoTravel and its third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an "as is" basis. RaksoTravel and its third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site, and they expressly disclaim all warranties, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Evaluating the correctness of the information and content disclosed on the site and its links shall be the responsibility of the user. RaksoTravel and its providers and distributors are not liable for any omission or error contained in or found on the site. You understand that you must seek and obtain valid confirmation of your bookings/reservations from RaksoTravel and should not presume that the same will be confirmed. You understand that you are required and advised to read travel advisories, news updates and the like in order to familiarize yourself with the risks and hazards associated with traveling to the destination/s of your choice. RaksoTravel is not liable for any loss, delay or damage arising as a result of your failure to fully comply with the documentation requirements of the government and tourism authorities of the destinations being offered on this site. RaksoTravel may use any electronic means to contact the user whenever it is necessary to do so. Neither RaksoTravel nor its third party providers or distributors warrant that this site, its servers or any e-mail sent from RaksoTravel are free of viruses or other harmful components. Access to this site is not guaranteed to be uninterrupted and available 24/7. This site is also subject to maintenance, scheduled or unscheduled, and system outages. Users may be charged fees for using certain services offered on this website; such fees may vary and be adjusted from time to time. Rakso Travel reserves the right to change the published prices and validity of the products and services on the site without prior notice Certain areas are only accessible to registered members of the site. 7. LIMITATION OF LIABILITY. RaksoTravel assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from this site. In no event shall RaksoTravel or its third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by RaksoTravel or its third party providers or distributors, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, RaksoTravel or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of RaksoTravel.com and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to RaksoTravel and without any liability whatsoever, RaksoTravel at any time and without notice may terminate or restrict your access to any component of this site. 8. INDEMNIFICATION You agree to defend and indemnify RaksoTravel and its third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand (including without limitation legal fees, costs and expenses), brought by third parties as a result of your use of this site. 9. LINKS This site contains links to other websites which are provided solely as a convenience to the user. Such links are not an endorsement by RaksoTravel or its third party providers/distributors of such other websites or their content. RaksoTravel and its third party providers/distributors are not and shall not be responsible for the content or materials of any other websites and make no representation or warranty regarding such other websites or the contents or materials thereon. Should you decide to access these other sites, you do so at your own risk. 10. RELATIONSHIP. The relationship between RaksoTravel and yourself will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. 11. GOVERNING LAW, JURISDICTION AND VENUE. This Agreement shall be governed by the laws of the Republic of the Philippines. You consent and submit to the exclusive jurisdiction of the proper courts of Makati City, Metro Manila Philippines, in all questions and controversies arising out of your use of this site and this Agreement. Any claim or cause of action arising from or relating to your access or use of this site must be brought within one (1) year from the date on which such claim or action arose or accrued. 12. ATTORNEY'S FEES. If RaksoTravel or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. 13. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to RaksoTravel as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that RaksoTravel shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, as well as recover from you any and all costs and expenses sustained or incurred by RaksoTravel in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. 14. TERMINATION. RaksoTravel may terminate this User Agreement and/or the provision of any of the services on this site at any time for any reason, including your improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which RaksoTravel and its third party providers and distributors may be entitled, at law or in equity. 15. ASSIGNMENT. You may not under any circumstance assign, convey, subcontract or delegate your rights, duties or obligations hereunder. 16. MODIFICATION OF SITE AND/OR PARTS THEREOF. RaksoTravel reserves the right at any time to modify, alter, revise or completely eliminate any part, component, module, feature or content of this site whenever it deems necessary or convenient, and without any prior notice to users. 17. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of specific portions, components or modules of this site, and you agree to abide by such additional or other terms and conditions. 18. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any particular provision is determined by a court of law to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the remaining provisions. 19. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions hereof. 20. ENTIRE AGREEMENT; AMENDMENTS. This User Agreement constitutes the entire agreement between yourself and RaksoTravel relating to the subject matter hereof. RaksoTravel reserves the right to amend or modify at any time these terms and conditions or any part thereof, whenever it deems necessary, and without any prior notice to users, and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. It shall be your responsibility to check, from time to time, the User Agreement posted on this site, to ascertain whether the same or any part thereof has been amended, modified or updated. Your continued use of this site and its facilities shall signify your continuing assent and adherence to the User Agreement and all amendments, modifications and adjustments made thereto from time to time.
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