Website User And Member Agreement
SocialMedia Incorporated ("gupo") provides daily deals for its members “Site” means the SocialMedia Incorporated website at gupo.com.ph and its related partner websites. By accessing or using this Site, you agree to be bound by and accept without limitation or qualification the following terms and conditions (“Terms and Conditions”).
1. USER REPRESENTATIONS: Users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use the SocialMedia Incorporated and partner websites in accordance with these Terms and Conditions.
2. RESTRICTIONS ON USE: Users agree to use the Site solely for their own personal and non-commercial use. Further, users agree not to (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other Users; (b) use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site.
3. USER’S AGREEMENT: Users agree: (a) to maintain all equipment required for their access to and use of the Site; (b) to maintain the security of their user identification, password and other confidential information relating to their SocialMedia Inc Account (“Account”); (c) to be responsible for all consequences resulting from use of their Account, use of their Account by others (including minors) or unauthorised use; (d) to notify SocialMedia Incorporated immediately if users become aware of any unauthorised use of their Account; and (e) that each username and password must be used by a single user and are not transferable.
4. MODIFICATIONS: SocialMedia Incorporated reserves the right to modify this Agreement from time to time. Such modifications will be effective immediately upon notification on this Site. Your continued use of the Site, or any of the materials contained on the site, following such notification will be deemed your conclusive acceptance of the modified Terms and Conditions.
6. EMAIL POLICY: It is assumed upon signing up that you are willing to receive emails from SocialMedia Inc's product, SocialMedia Inc, for the confirmation and registration of SocialMedia Inc deals and for receiving information on deals via the SocialMedia Inc newsletter. Emails are essential for confirmation and reservation will not be sent unless users consent to receiving such email. For any concerns or problems with email contact firstname.lastname@example.org
7. RESERVATIONS CANCELLATIONS: A gupo voucher will be considered to be redeemed once a user has made a booking, reservation or appointment with the business the voucher relates to.AND If a user makes a booking, reservation or appointment with a business but fails to adhere to it, the voucher will still be considered to be redeemed unless the relevant business agrees otherwise. gupo cannot guarantee that users will be able to make a booking, reservation or appointment at particular times. It is the responsibility of the user to arrange for a booking, reservation or appointment with the business at an appropriate time.
8. FEES AND CHARGES: It is a condition of use that businesses will not charge users any additional fees or charges when users register for a deal and it is released other than those fees and charges that would normally be charged in the provision of their services.
9. LICENCE: You have no rights or licenses in or to SocialMedia Inc and materials contained on the Site (guppy Content) other than the limited right to use the Site in accordance with these Terms and Conditions. Users shall not copy, display, modify, create derivative works of, publish, or sell the SocialMedia Inc Content or any information, software, or services provided by SocialMedia Inc. The SocialMedia Inc Content may be modified from time to time by SocialMedia Inc in its sole discretion. Except as expressly set forth herein, no license is granted to user for any other purpose, and any other use of the Service or the SocialMedia Inc Content by user shall constitute a material breach of this Agreement. In the event that you choose to download content from the Site, you must do so in accordance with these Terms and Conditions. Such download is licensed to you by SocialMedia Inc only for your own personal, non-commercial use in accordance with the Terms and Conditions and does not transfer any other rights to you. Nothing in this Agreement shall affect any rights of SocialMedia Inc or its licensors in the service or SocialMedia Inc Content, and any associated patents, trade marks, copyrights, designs, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of SocialMedia Inc or any third party is granted under this Agreement.
10. COPYRIGHT: All material on this Site (collectively “Copyright Material”) is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site, and is protected under the laws of the Philippines and other countries.
11. TRADE MARKS: The trade marks and logos displayed on the Site (collectively the “Trade Marks”) are trade marks of SocialMedia Inc and/or its affiliates, unless otherwise specified. The businesses promoted on the site provide their own logos and graphics from time to time and they warrant to own the copyright to display these images on our site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trade Marks displayed on the Site without the express written permission of SocialMedia Inc or such other third party owner. You must retain, on all copies of material downloaded from this Site, all copyright and other proprietary notices contained in the material. The use of Copyright Material and/or Trade Marks by you, or anyone authorised by you, is prohibited unless expressly permitted by these Terms and Conditions, or express permission is provided elsewhere on the Site or express permission is provided by SocialMedia Inc. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy, and civil and criminal statutes.
12. HYPERLINKS: This Site may contain links to other websites. SocialMedia Inc is not responsible for and does not control the content of any website linked to or from the Site. Any links to other websites are for your convenience only and SocialMedia Inc makes no warranty or representation regarding and, unless expressly stated by SocialMedia Inc on the Site, does not endorse the owner/sponsor and the content of any linked websites. SocialMedia Inc disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such websites. SocialMedia Inc neither warrants nor represents that a user’s use of any materials on linked websites will not infringe rights of third parties not owned by or affiliated with SocialMedia Inc.
13. NO WARRANTIES: SocialMedia Inc assumes no responsibility, and will not be liable for any damages to or viruses that may infect your computer equipment or other property due to you accessing and/or use of the Site or any linked websites, or your downloading any materials, data, text, images, video or audio from the Site or any linked websites. SocialMedia Inc assumes no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. Users must provide a valid email address. SocialMedia Inc reserves the right, in its sole discretion, to cancel or suspend this program should any virus, bugs, or other causes beyond SocialMedia Inc control which corrupt the administration, security or proper function of this Site. The material on this Site may contain inaccuracies and typographical errors. SocialMedia Inc does not warrant the accuracy or completeness of the material or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or information will be at your own risk.
14. REVIEW OF POSTINGS & UPLOADS: You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use this Site as permitted by this Agreement, the operating policies of SocialMedia Inc and applicable law. Your participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by SocialMedia Inc. SocialMedia Inc does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. SocialMedia Inc reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libellous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) is to encourage conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) determines to be harmful, offensive or otherwise in violation of this Agreement or the operating policies of SocialMedia Inc for its users. SocialMedia Inc will fully cooperate with any law enforcement authorities or court order requesting or directing SocialMedia Inc to disclose the identity of anyone posting such communications or materials. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those of SocialMedia Inc.
15. REGISTRATION: In order for users to be able to access the services offered by SocialMedia Inc at the Site, users must register by completing their registration details in the manner described at the Site. SocialMedia Inc reserves the right to terminate users’ memberships at any time if users breach these Terms and Conditions. Users agree to ensure that their registration details are true and accurate at all times. Specifically, users must notify SocialMedia Inc of any change to their registration details. Upon registration, users will need to provide a username and password.
16. TERM AND TERMINATION: Either users or SocialMedia Inc may terminate a user’s right to use the Site at any time, with or without cause, upon notice. Clauses 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23 and 24will survive any termination of this Agreement.
17. LIABILITY: SocialMedia Inc and its associated agencies are not liable for any loss, damage, personal injury or death whatsoever (including, but not limited to, direct, indirect or consequential losses) suffered or sustained in connection with: (i) any inaccurate or incorrect information provided by users; (ii) any use of the Site or Gupo Content; or (iii) any use of the services offered or products provided by SocialMedia Inc or its associated agencies; or (iv) any act or omission (whether negligent or not) of SocialMedia Inc and its associated agencies or any person associated with any of them; or (v) any failure or delay (including, but not limited to, the use of inability to use any component of the service or the Gupo site for reservations); or (vi) the performance or non-performance of any restaurant in connection with the SocialMedia Inc service, except for any liability which cannot be excluded by law.
18. LIABILITY RELEASE AND INDEMNIFICATION: You hereby release and discharge and agree to indemnify: a) SocialMedia Inc and any related body corporate, b) SocialMedia Inc’s organisers, directors, officers, employees and agents; and c) the other participants and/or users (“Released Parties”), for any personal injury, illness or death, claims, liabilities or expenses of any kind, including reasonable attorney’s fees (and whether accruing to you, your heirs or personal representatives) that are caused or alleged to be caused in whole or in part by reason of an act or omission of any Released Party that arises out of or in connection with your use of the Site, or resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Gupo using your service account. In no event will SocialMedia Inc’s total liability to you for all damages, losses, causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site.
19. THIRD-PARTY RIGHTS:The foregoing provisions regarding Indemnification and Waiver, Release and Limitation of Liability are for the benefit of SocialMedia Inc and its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities has the right to assert and enforce those provisions directly against you on its own behalf.
20. USE OF THE SITE OUTSIDE THE PHILIPPINES: SocialMedia Inc does not represent that the contents of the Site are appropriate or available for use in countries outside The Philippines. If you choose to access the Site from outside The Philippines, you are responsible for compliance with foreign and local laws.
21. GOVERNING LAW: This Agreement is governed by and construed in accordance with the laws of The Philippines. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Quezon City in Manila, Philippines.
22. SEVERANCE: If any provision of this Agreement or portion thereof, is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.
23. NO ASSIGNMENT: This Agreement and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a user, but may be so transferred, assigned or delegated by SocialMedia Inc.
24. MISCELLANEOUS: Any failure by SocialMedia Inc to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. SocialMedia Inc may assign its rights and duties under this Agreement to any party at any time without notice to users.
25. HOW TO CONTACT SocialMedia Inc: SocialMedia Inc may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or by written communication delivered by mail to your address on record in the Site’s account information. You may give notice to SocialMedia Inc at any time via electronic mail SocialMedia Inc or by letter delivered by postage prepaid mail to the following address:
3/F Bencrest Bldg.
917 Edsa Philam Homes
Quezon City 1100
Ph (+632) 922.2566
Fax (+632) 922.2567