Terms and Conditions

Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Inquiries, rental requests and leads

5.1 Our website includes an inquiry form that you can use to request information about or quotations in respect of rental properties.

5.2 Our website includes a rental request form that you can use to request offers about or quotations in respect of rental properties.

5.3 Inquiries and rental requests in our website are classified as leads.

5.4 We may supply the information that you provide through the enquiry form to rental providers and carefully selected partner organizations (including but not limited to landlords, property managers, real estate brokers/agents, leasing departments/managers/specialists, apartment managers referred to in this Section 5 as “suppliers”).

5.5 We may supply the information that you provide through the rental request form to rental providers and carefully selected partner organizations (including but not limited to landlords, property managers, real estate brokers/agents, leasing departments/managers/specialists, apartment managers referred to in this Section 5 as “suppliers”).

5.6 Telephone and email enquiries that you make using the details published on our website will be directed to or passed to a supplier.

5.7 We may earn a fee in respect of each order that you make with a supplier arising out of a lead that we provide to that supplier.

5.8 We may earn a fee in respect to each rental request that we provide to a supplier.

5.9 You acknowledge that:

(a) we do not vet suppliers;

(b) we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of suppliers, the security of supplier websites, or the accuracy of the information published by suppliers;

(c) we are not party to any contract for the sale or purchase of goods or services entered into between you and a supplier; and

(d) our website contains information provided by suppliers, and we do not check, audit or monitor the accuracy of that information,

and accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a supplier website, any information provided by a supplier, any offer made by a supplier, or any contract with a supplier.

5.10 We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.

5.11 The provisions of this Section 5 are subject to Section 16.1.

6. Use on behalf of organisation

6.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

7. Registration and accounts

7.1 To be eligible for an individual account on our website under this Section 7, you must be at least 18 years of age.

7.2 You may register for an account with our website by completing and submitting the account registration form on our website.

7.3 You must not allow any other person to use your account to access the website.

7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

7.5 You must not use any other person’s account to access the website.

8. User IDs and passwords

8.1 If you register for an account with our website, you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

9.2 You may cancel your account on our website by sending us an email. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.

10. Subscriptions

10.1 To become a subscriber to our website services, you must pay the applicable subscription fees after you have registered for an account with our website. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.

10.2 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

10.3 We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.

10.4 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically cancelled, unless you renew the subscription and pay the applicable subscription fees.

11. Fees

11.1 The fees in respect of our website services will be as set out on the website from time to time.

11.2 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

11.3 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

11.4 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

11.5 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 11.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 11.6.

11.6 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

11.7 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

12. Your content: licence

12.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

12.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

12.3 You grant to us the right to sub-license the rights licensed under Section 12.2.

12.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.

12.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

12.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

12.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13. Your content: rules

13.1 You warrant and represent that your content will comply with these terms and conditions.

13.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

14. Report abuse

14.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

14.2 You can let us know by email.

15. Limited warranties

15.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

15.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

15.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

16. Limitation of liability

16.1 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.2 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.3 We will not be liable to you in respect of any loss or corruption of any data, database or software.

16.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

16.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer.

17. Indemnity

17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any other amounts) arising directly or indirectly including:

(a) any breach by you of any provision of these terms and conditions

(b) your use of our website, application and services

(d) short term bookings and accommodations you made through our website, application and services

18. Breaches of these terms and conditions

18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. Third party websites

19.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2 We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Trade marks

20.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

20.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

21. Variation

21.1 We may revise these terms and conditions from time to time.

21.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

21.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

22. Assignment

22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23. Severability

23.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24. Third party rights

24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

25. Entire agreement

25.1 Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

26. Law and jurisdiction

26.1 A contract under these terms and conditions shall be governed by and construed in accordance with Philippine law.

26.2 Any disputes relating to a contract under these terms and conditions shall be subject to the jurisdiction of the courts of the Philippines.

27. Statutory and regulatory disclosures

27.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2 These terms and conditions are available in the English language only.

28. Damage to Property

This section will refer to the owner of the listing (including but not limited to landlords, property managers, real estate brokers, real estate agents, leasing departments/managers/specialists, apartment managers or anyone authorised to lease a property) as ‘owner’ and users renting the accommodation as ‘tenants’

28.1 As owner, you agree that you shall not hold us liable for any damages to your property from tenants obtained from the use of the site.

28.2 As tenant, you are responsible for leaving the owner’s property in its original condition.

28.3 As tenant, you agree that you are responsible for your own acts and omissions, as well as the acts and omissions of any individuals whom you invited to the rented property.

28.4 Any settlement for property damages should only be between the parties directly involved. Both owner and tenant acknowledge and agree that we are not part of any agreement that may arise from settling property damages and should, therefore, not have any part or in any way be responsible for performing any obligations set by this agreement.

29. Disclaimer

29.1 You agree that by using the site and availing of our services you do so at your own risk.

29.2 You acknowledge that we have no capacity or any obligation to conduct background checks on all of our users and to verify truthfulness and accuracy of information submitted to us by users of the site. As such, we cannot guarantee the following:

(a) the behaviour and conduct of its users

(b) the quality, accuracy and truthfulness of listings published in the site

29.3 You agree to take full responsibility and take reasonable precaution in all dealings, communications and interactions with users or any other individuals encountered as a result of using the site.

29.4 You agree that we are not liable for any act or omission of any user of the site or other third party.

30. Our details

30.1 This website is owned and operated by condoandhouses Software Development

30.2 You can contact us by email.

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