Terms of Use
1. A reference to the “Waling-Waling Beach Hotel Site” is to www.waling.com all web pages thereunder, including the content, information, applications, programmes, images, links, sounds, graphics, video and other materials which may be displayed therein and the functionalities or services provided therein (collectively the “Content”). “You” refers to such party who is given access or use of Waling-Waling Beach Hotel Site. Acceptance of Terms
i.The use of the Waling-Waling Beach Hotel Site is subject to the terms and conditions set out herein (“Terms of Use”). By accessing the Waling-Waling Beach Hotel Site and the Content , you agree to be bound by these Terms of Use.. If you do not agree to these Terms of Use, do not access or use this Waling-Waling Beach Hotel Site.
2. Use of the Waling-Waling Beach Hotel Site
i.You agree to comply with the guidelines, notices and instructions pertaining to the use of the Waling-Waling Beach Hotel Site issued by Waling-Waling Beach Hotel from time to time. Waling-Waling Beach Hotel reserves the right to revise these Terms of Use at any time, and users of the Waling-Waling Beach Hotel Site are deemed to be aware of and bound by any changes to these Terms of Use upon their publication on the Waling-Waling Beach Hotel Site.
ii. You agree and undertake NOT to:
(a) use any software or material that contains a virus or damaging component which may corrupt the Waling-Waling Beach Hotel Site’s data or interfere with the operation of the Waling-Waling Beach Hotel Site;
(b) transmit any materials or information through the Waling-Waling Beach Hotel Site which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect, contains any viruses or damaging components which may detrimentally interfere with the Waling-Waling Beach Hotel Site or the operation of the Waling-Waling Beach Hotel Site; or
(c) use the Waling-Waling Beach Hotel Site other than in conformance with the acceptable use policies of any connected computer networks and any applicable internet standards.
3. Intellectual Properties
i.The intellectual property rights in the Content and Waling-Waling Beach Hotel Site are owned, licensed to or controlled by Waling-Waling Beach Hotel or its licensors. Waling-Waling Beach Hotel aggressively enforces its intellectual property rights to the fullest extent of the law.
ii.Any reproduction, republication or distribution of any of the Content of the Waling-Waling Beach Hotel Site without the express written consent of Waling-Waling Beach Hotel is prohibited. Without prejudice to the generality of the foregoing, no part or parts of the Waling-Waling Beach Hotel Site or any Content may be displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Waling-Waling Beach Hotel or other copyright owners. Permission will only be granted to you to download, print or use the Content for personal, non-commercial uses, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content.
iii.The name of “Waling-Waling Beach Hotel” and the components of its logo are registered trademarks, owned by the following company:
Waling-Waling Beach Hotel
Manila Office: 395 Sen. Gil Puyat Ave., Makati City, Metro Manila, Philippines
Tel: (632) 896 9456/58
Fax: (632) 896 9451
Boracay: Balabag, Boracay Island, Malay, Aklan, Philippines
Tel: (6336) 288 5555
Fax: (6336) 288 4555
iv. The Waling-Waling Beach Hotel Site may display, contain or make reference to trademarks, service marks, trade names, logos, and patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of Waling-Waling Beach Hotel and / or other parties. Nothing on the Waling-Waling Beach Hotel Site should be construed as granting, by implication, or otherwise, any license or right to use the name of Waling-Waling Beach Hotel or any trademarks, service marks, trade names, logos, patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of Waling-Waling Beach Hotel and / or other parties, without the prior written permission of Waling-Waling Beach Hotel or other applicable owner. Waling-Waling Beach Hotel expressly prohibits the use of the name of Waling-Waling Beach Hotel and any other trademark, service marks, trade names or logos owned by Waling-Waling Beach Hotel in any manner, without the prior written permission of Waling-Waling Beach Hotel.
v. With respect to all contents of transmissions or communications you make or submit through the Waling-Waling Beach Hotel Site, which do not contain personal information (for personal information please see the Privacy Policy Statement, including but not limited to feedback questions, comments, suggestions and the like:
(a) You shall have no right of confidentiality in such contents of transmissions or communications and Waling-Waling Beach Hotel shall have no obligation to protect your communications from disclosure;
(b) Waling-Waling Beach Hotel shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to Waling-Waling Beach Hotel a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same; and
(c) Waling-Waling Beach Hotel shall be free to use any ideas, concepts, know-how or techniques contained in such contents of transmissions or communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
vi. You are solely responsible for all contents of your transmissions or communications through the Waling-Waling Beach Hotel Site, and you hereby warrant and represent that you have the right and authority to submit such contents of transmissions or communications, and that such contents of transmissions or communications do not infringe the intellectual property rights or any other rights of any third party.
4. Warranties / Representation
i. No Binding Offer
The Content of the Waling-Waling Beach Hotel Site is intended for informational purposes only and does not in any case constitute a legally binding offer. For more detailed information regarding the Online Reservation Service, please check the relevant Waling-Waling Beach Hotel Site and its overview section.
ii. No Reliance (Accuracy, Reliability and Completeness of Site)
While Waling-Waling Beach Hotel makes good faith efforts to verify that the Content of the Waling-Waling Beach Hotel Site is accurate, complete and current, Waling-Waling Beach Hotel or its contractual partners make no express or implied warranty or representation (including liability towards third parties) as to its accuracy, reliability or completeness, and expressly disclaims any liability for errors, delays or omissions in the Content or for any action taken in reliance on the Content.
iii. Waling-Waling Beach Hotel reserves the right to, from time to time and without giving any reason or prior notice, change, upgrade, modify, add to, cancel, suspend or discontinue the provision of or remove, whether in whole or in part, this Waling-Waling Beach Hotel Site or Content or any information, functionalities, documents, products, services and other material (including any software and these Terms of Use) available on the Waling-Waling Beach Hotel Site, and shall not be liable if any such change, upgrade, modification, addition, cancellation, suspension or removal prevents you from accessing this Waling-Waling Beach Hotel Site or associated information, functionalities, documents, products or services.
iv. The Waling-Waling Beach Hotel Site contains information on Waling-Waling Beach Hotel’s worldwide products and services, not all of which are available in every location. A reference to a Waling-Waling Beach Hotel product or service on the Waling-Waling Beach Hotel Site does not imply that such a product or service is or will be available in your location.
5. Liability Waiver
i. Your use of the Waling-Waling Beach Hotel Site or reliance on any Content is at your own risk. Under no circumstances shall Waling-Waling Beach Hotel and / or its contractual partners, any of its affiliates, officers, directors, employees, subsidiaries or parents be liable for any loss, damages or expenses, whether direct, indirect, punitive, special, incidental, or consequential damages or economic loss, and including, without limitation, lost revenues or lost profits, whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly out of or in any way connected to the access to or use of, reliance on, or inability to access or use, the Content or the Waling-Waling Beach Hotel Site, or resulting from the access to, or inability of access to linked web sites, whether based on contact, tort, strict liability or otherwise, even if Waling-Waling Beach Hotel and / or its suppliers has / have been advised of the possibility of damages.
ii. The Content of the Waling-Waling Beach Hotel Site is provided 'AS IS' and ‘AS AVAILABLE’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, satisfactory quality or fitness for a particular purpose, or non-infringement of third party rights.
6. No Warranty For Virus-Free Content
i. Waling-Waling Beach Hotel assumes no responsibility for, and makes no warranty that, any of the Content or that the Waling-Waling Beach Hotel Site will be provided uninterrupted or error-free, that any identified defects will be corrected, or that the Waling-Waling Beach Hotel Site (including its Content) or the servers that make it available will be free of any viruses or other malicious, destructive corrupting code, agent, program, macros or other harmful components.
7. Password restricted areas of the Waling-Waling Beach Hotel Site
i. Access to and use of password protected and/or secure areas of the Waling-Waling Beach Hotel Site are restricted to authorised users only. You may not obtain or attempt to obtain unauthorized access to such parts of the Waling-Waling Beach Hotel Site, or to any other protected information, through any means not intentionally made available by us for your specific use.
ii. Where you have been issued with a password, personal or log-on identification number and other code and access procedures (such items to be referred to as “Security Code”) by Waling-Waling Beach Hotel, for use in connection with access to the Waling-Waling Beach Hotel Site. You hereby agree to keep the Security Code issued to you confidential. You are to notify Waling-Waling Beach Hotel immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Security Code has been compromised or if there has been any unauthorized use of the Security Code.
iii.You agree and acknowledge that any use of or access to the Waling-Waling Beach Hotel Site and any information or data referable to your Security Code shall be deemed to be (i) use or access of the Waling-Waling Beach Hotel Site by you; or (ii) information or data transmitted or validly issued by you, or both and you agree to be bound by any access or use (whether such access or use are authorised by you or not) referable to your Security Code, and you agree that Waling-Waling Beach Hotel shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
8. Links
i. No responsibility for or endorsement of linked web sites
The Waling-Waling Beach Hotel Site may contain links to other web sites or content on the Internet, which are owned or operated by third parties. Such linked web sites or content are not under the control of Waling-Waling Beach Hotel and Waling-Waling Beach Hotel is not responsible for the information, products, services or other material obtained on such other web sites and will not be liable for any damages arising from the access to or use of such a web site. The inclusion of these links does not imply an endorsement of the linked sites, the content therein including any linked addresses. You agree that your access to or use of such linked web sites or content is entirely at your own risk.
ii. No linking without consent of Waling-Waling Beach Hotel
The insertion of a hyperlink to the Waling-Waling Beach Hotel Site, on any other website or webpage or “mirror” of the content on any other server is prohibited without express, prior written consent of Waling-Waling Beach Hotel.
9. Data Security on the Internet
i. General Information
Please take into consideration that the World Wide Web is a publicly accessible system. Waling-Waling Beach Hotel does not warrant the security of any information transmitted by you or to you through the Waling-Waling Beach Hotel Site. Each time personal information is made available online this is done at your own risk, and you accept the risk that any information transmitted or received through this Waling-Waling Beach Hotel Site might be lost under way or may be accessible to unauthorised third persons. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
ii. Browsing
The Waling-Waling Beach Hotel Site is not configured to collect any identifiable personal information from the visitor while browsing on it. It collects information for general statistical purposes only. Unless you voluntarily provide Waling-Waling Beach Hotel with your personal information (for example your first and last name, title, mailing address, e-mail address, telephone and fax number, language, employer, business title, divers preferences regarding accommodation and travel habits or other personal identifying information) it will not be available to Waling-Waling Beach Hotel.
iii. Internet Protocal (IP) Address
Every time you browse the Internet an IP address is automatically assigned to your computer. When users request a page from the Waling-Waling Beach Hotel Site, Waling-Waling Beach Hotel’s servers log the user's current IP address. IP addresses are used to diagnose problems.
iv. Cookies
The Waling-Waling Beach Hotel Site puts to use 'cookie' technology. These cookies are designed to facilitate your visit on Waling-Waling Beach Hotel’s Site.
v. Encryption System
When you provide personal information as for example your name, address or credit card number while making a reservation, your information is encrypted. After your information reaches Waling-Waling Beach Hotel it is stored on a secure server that resides behind a firewall. The firewall is designed to block access to this data from outside Waling-Waling Beach Hotel.
10. Personal Data and Privacy
i. Data protection is very important to Waling-Waling Beach Hotel and the personal information (any personally identifiable information relating to you) of our customers is treated confidential, in accordance with our Privacy Policy Statement. When we need to collect information from you, we generally ask you to voluntarily supply us with the required data.
ii. Please note that your acceptance of our Privacy Policy Statement is a condition of these Terms of Use.
11. Force Majeure
Waling-Waling Beach Hotel shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Waling-Waling Beach Hotel Site’s operation, or for any inaccuracy, unreliability or unsuitability of the Waling-Waling Beach Hotel Site’s Contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom Waling-Waling Beach Hotel is not responsible for).
12. Delegation
Waling-Waling Beach Hotel may delegate the performance of any of its functions in connection with the Waling-Waling Beach Hotel Site and reserves the right to use any agents on such terms as it deems appropriate.
13. Termination
You agree that Waling-Waling Beach Hotel may, at its sole discretion, deny you access to the Waling-Waling Beach Hotel Site for any reason, including without limitation, if Waling-Waling Beach Hotel believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in Waling-Waling Beach Hotel’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Waling-Waling Beach Hotel Site.
14. Governing Law and Jurisdiction
By accessing and using any services of the Waling-Waling Beach Hotel Site, you and Waling-Waling Beach Hotel agree that all matters relating to and / or any disputes arising out of your access to, or use of the Waling-Waling Beach Hotel Site shall be governed by and interpreted and construed and enforced exclusively in accordance with the laws of the Republic of the Philippines, without regard to the conflicts of law principles thereof you hereby submit to the non-exclusive jurisdiction of the Philippine Courts.