This Agreement was last modified on December 4, 2015.
Please read these Terms and Conditions ("Agreement") carefully before using http://raket.ph ("Site") as operated by RAKET.PH. This Agreement and all other documents or policies referenced here (collectively, the "Terms") set forth the legal contract between each end user (“Raketeer” or “Raketeer Client” or "User" or "you" or "your") and RAKET.PH with respect to access to and use of RAKET.PH Site and Services.
Welcome to RAKET.PH!
ACCEPTANCE OF TERMS
Every time you access the Site, you are agreeing to follow the Terms and Conditions of the website including any and all amendments that may be effected from time to time with or without prior notice. We may update the Agreement at any time. When we do, we will revise the "Revision date" at the top of this Agreement, and you may view the most recent version at http://raket.ph/terms-conditions. By continuing to use the Platform, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and will comprise the entire Agreement between the User and the Platform. If you do not agree to any provision of this Agreement, you should not use the Platform. All future Site policies or rules and regulations are incorporated herein.
Our Platform enables Raketeers to offer their services or to avail of the said services. Our platform opens up the opportunity for the Users who provide specific services to be visible and/or to connect with RAKET.PH Users who wish to avail of their service all over the Philippines hrough the creation of projects within the Site (“Project”). The Platform also provides a variety of other resources in order to facilitate the organization of groups for events, workshops, conferences, and meet ups and other meetings of a similar nature (collectively “Events”).
You agree to comply with all applicable domestic Philippine and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation, your participation in or involvement with any Projects and/or Events and your submission of acceptable Public Information in connection with your use of the Site. Further, the User also agrees to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported in connection with your use.
Eligibility. Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to any temporarily or indefinitely suspended Users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Additional eligibility requirements for a particular Event may be set by the organizer of the said Event.
Security. When you complete our registration process you will create a password that will enable you to access our Platform and create or access Projects or Events and connect with other Users. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that RAKET.PH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Moderation. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party. Users use the Services at their own risk. You agree that we may moderate access and use at our sole discretion by blocking, filtering, deletion, delay, omission, verification, and/or access/account termination. Nothing we say or do waives our right to moderate. RAKET.PH has the right and sole discretion to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform. We may terminate your access to the Site, account, or profile without cause or notice. If due to anything we believe inappropriate for the Site's purpose, or due to violation of the Terms and Conditions, it may result in the forfeiture and destruction of all information associated with you.
Definition. This means events, workshops, conferences, meet-ups, and other meetings of a similar nature (collectively “Events”)
Registration. All participants must pay the registration fee prior to arrival at the conference venue. Participants are also advised to have a copy of their payment slip when going to the registration desk on the day of the Event to show proof of their payment.
Policy Registration. Cancellations are only applicable during reschedules and only to be initiated by RAKET.PH. Cancellations made after the time as specified, as well as 'no shows', are liable for the full registration fee. Participants must ensure that they receive an official acknowledgement of cancellation from RAKET.PH. Only through this official correspondence would confirm that their request has been received and processed.
Liability. RAKET.PH reserves the right to amend any part of the program if necessary at any time. RAKET.PH will not accept liability for damages of any nature sustained by delegates or accompanying persons, or loss of or damage to their personal property during any Events. In the event of industrial disruption or other unforeseen circumstances, RAKET.PH accepts no responsibility for loss of any kind incurred by delegates, customers, attendees, participants, or any other parties involved. Delegates, customers, attendees, participants, or any other parties involved should make their own arrangements with respect to personal, business, or health insurance, along with travel insurance.
Personal Insurance. RAKET.PH cannot be responsible for healthcare, dental and ambulance services during its Events. RAKET.PH strongly recommends that participants take out comprehensive medical and travel insurance, which should cover the possibility of flight cancellation due to strikes and other causes. Therefore, RAKET.PH accepts no responsibility of any nature whatsoever for personal injury, death, loss or damage to property or participants of the Events however caused or arising.
Privacy Legislation. In registering for RAKET.PH Events, relevant details will be incorporated into a participant list for the benefit of delegates, attendees, participants, or any other parties involved. Normally this information would be: name, surname, and email address. These details may also be available to parties directly related to the Events including the relevant venue and accommodation providers. RAKET.PH may use these details to inform current participants of Events, updates, or future conferences via email or through any medium. Participants have the sole responsibility for advising RAKET.PH if they do not wish to have their email addresses included in the Events participant list or RAKET.PH’s distribution list for future Events.
Consent to Disclosure. You acknowledge and agree that the Site may disclose your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of the Site, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in these Terms. We may also disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
Definition. Projects are defined as any service engagement between a Client/s and a Raketeer/s. Both Users enter into a formal contract wherein the Client would create a Project and the Raketeer accepts the project, which constitutes binding acceptance by both parties/Users. Projects are based on deliverables/a scope that is set by the Client/s and agreed upon by Raketeer/s. The newly created Project should be funded by the Client based on a mutually agreed upon service fee between the Users. The Site accepts a nominal fee for the whole transaction under the Platform. Projects may vary from a one-time deal, recurring, and multiple Client and Raketeers under one project.
Effective Communication. Client and Raketeers are encouraged to communicate in whatever means including chat, messaging, mobile, face-to-face and others. There are no restrictions in any kind of communication medium used to discuss the terms of the Project between them. We believe communication is key for having amazing project results.
Legal Taxation for Projects. All payments of Project/s under the Platform shall automatically generate a BIR Form No. 2307. For Client: After the Client releases their payment to the Raketeer, they will be asked for their TIN and receive an official receipt corresponding to the total project amount and a digitally signed BIR Form No. 2307 with details about their project automatically filled out. The amount of two (2%) percent from the entire Project Cost as agreed upon between the Users, required to be withheld under the taxation laws of the Philippines, will reflect in the Client’s Account. For Raketeers: Upon completion of a project, Raketeers can withdraw their payment to their Raket Wallet anytime. A TIN will be required prior to withdrawal. They will receive a digitally signed BIR Form No. 2307 with details about their project automatically filled out. The Project amount will be remitted to the Raketeer net of the amount of ten (10%) percent from the entire Project Cost as agreed upon between the Users, required to be withheld under the taxation laws of the Philippines, and the Site transaction fees. The Raketeers can use the BIR form 2307 issued to them for tax credit with BIR.
If a dispute arises out of or relates to a created Project(hereinafter referred to as the “Agreement”) between the Raketeer and the Client, or the breach, termination, validity or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any Philippine law or internationally accepted principles of law, the parties to the agreement and the dispute expressly agree to endeavor in good faith to settle the dispute by voluntary mediation under the Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004 (the ADR Law), which, inter alia, prescribes rules governing voluntary mediation, whether ad hoc or institutional, other than court-annexed with one of the directors of Raket.PH as a non-interested mediator, as agreed upon by the parties at the start of the Agreement. If after thirty (30) days the matter is not settled, the matter will be raised to the court of Quezon City, NCR, Philippines to the exclusion of all other venues for Court Annexed Mediation (CAM) under AM No. 01-10-5-SC-PHILJA. For reference of the parties, CAM would first be handled by the Philippine Mediation Center (PMC) unit of the Quezon City, NCR court. If the mediation still fails, the parties will be referred back to the judge for judicial dispute resolution (JDR). If the JDR process fails, the case will be raffled to another judge who will then proceed with the litigation of the case. It is worthy to note that parties who refuse to appear before the PMC to mediate, and those who fail to participate in JDR, may be subject to the following sanctions, among others: censure, reprimand, contempt, requiring the absent party to reimburse the appearing party his costs, including attorneys’ fees.
This clause shall survive termination of this agreement.
Direct payments are highly prohibited. In order to maintain a secure platform, direct payments outside RAKET.PH are highly prohibited; RAKET.PH is not liable for any losses that may incur through this process. Reported Users will be banned at the sole discretion of the Site and will be charged ten thousand Philippine pesos (10,000.00) for account reinstatement and/or as penalty for violation of this provision.
Liability. Our responsibilities are limited to providing access to the Services to facilitate the transactions between and among the Raketeers directly with each other. All other activity and transactions are beyond the responsibility or liability of RAKET.PH.
Dispute Resolution. We may try to help the Site members resolve disputes. If we do, we do so in our sole discretion, and we have no obligation to try to resolve disputes between Users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a Project, an Event, use of the Site or through the use of our Platform, in any public message board or through email. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of your Public Information.
Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information"; any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
Restrictions. In consideration of your use of our Platform, you agree to provide truthful information when requested. Misleading, unsolicited, unlawful, and/or spam postings/email are prohibited. Any policies, rules, or guidelines that may be issued by the Site must be respected by the User. You must follow any policies made available to you.
You are responsible in maintaining your account. You should immediately notify RAKET.PH as to any unauthorized use or issues encountered with your registration, user account, or password.
You agree that all information or data of any kind (“Content”), publicly or privately provided, shall be the sole responsibility of the provider of the said Content or the account user such as but not limited to the following:
a) You cannot use of foul or discriminatory language in any part of RAKET.PH. Further, spamming of any form is subject for account termination. Once proven, notice will be or may not be sent prior to termination;
b) You shall not provide any Content which is unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, give rise to civil or criminal liability, or which may applicable local, national or international laws;
c) You cannot perform any acts in the nature of selling or act of selling of any goods, items, or the like and/or selling illegal services. Selling goods and the like or the sale of illegal service is strictly prohibited at RAKET.PH;
d) You cannot send inquiries to people that are unrelated to what they do or described in their profiles. RAKET.PH considers these things as SPAM and therefore will be grounds for banning your profile;
e) You cannot impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you. Organizations or companies who offer services are encouraged to have their employees create profiles instead;
f) You must not collect or harvest any data about other Users;
g) You cannot provide or use any Content or Service on RAKET.PH in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; and
h) You cannot provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to civil, criminal, copyright, trademark, patent, or trade secrets.
Limited License. Subject to the Terms and Conditions and all applicable Laws and regulations, RAKET.PH grants you a non-exclusive, non-transferable, non-assignable personal, limited license to access, use and display this Website. This license is not a transfer of title to the Website. You must retain all copyright and other proprietary notices on all copies of the Website.
In addition, you may not modify the Website in any way or reproduce, publicly display, perform, distribute, create derivative works of, or otherwise use the Website for any public or commercial purpose, except as these Terms and Conditions specifically permit. You may not use the Website to design, manufacture, or repair parts, or to obtain government approval to do so without the RAKET.PH’s express, written permission.
Control. You, and not the Site, are entirely responsible for all of Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other Users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other Users. Nor do we endorse any opinions expressed by you or other Users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other Users. You agree that under no circumstances will the Site its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other Users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other Users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
Other Users. We do not control the information provided by other Users, which is made available through our system. You may find other Users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) RAKET.PH makes no promise as to the Site Content, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) Your access and use are at Your own risk, and Content is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) User content; (b) User conduct, e.g. illegal conduct; (c) Your use of the Content; or (d) RAKET.PH makes no representations or warranties of any kind with respect to this site or its contents, all conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content and the Site are excluded to the fullest extent permitted by law; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF CONDITIONS OF THE SERVICE TO BE AVAILED OF, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; (5) FURTHER, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL).
The Content on the Site, Community Center, Collaborations, Timeline, Events, and the Projects are published and included in good faith. The Content may contain inaccuracies or typographical errors. Although RAKET.PH endeavors to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and RAKET.PH does not accept any liability for error or omission.
In particular, the support and information in the Projects, Forum and Site does not constitute any form of advice, recommendation or arrangement by RAKET.PH and is not intended to be relied upon by Users in making (or refraining from making) any specific decisions or to be a substitute for obtaining professional advice. You are responsible for checking the accuracy of relevant facts and opinions given on the Site before entering into any commitment or taking any other form of action or inaction based upon them.
RAKET.PH does not represent or guarantee the truthfulness, accuracy or reliability of postings submitted by other Users and moderators on the Forum, nor endorses any opinions expressed by the said Users or moderators.
RAKET.PH DOES NOT WARRANT THAT THE SITE, the SERVICE, AND ANY RAKET.PH content or user content, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, or that the service will be available. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAKET.PH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
Indemnity. You agree to indemnify and hold RAKET.PH and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners free and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in the Site, as an Event Owner (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at any Event), or in creating or participating in Projects. Without being limited to the foregoing, you, as a User, Event Owner, or being involvedin Projects agree to indemnify and hold RAKET.PH and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners free and harmless from any claim or demand, including reasonable attorneys' fees due to or arising out of your actions as a User, Event Owner, or involvement in a Project.
The Site and its original content, features and functionality are owned by RAKET.PH and are protected by domestic and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
By providing any Content to the Site, you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed.
Site's Trademarks. the Site trademarks and service marks, and other the Site logos, products and service names, are trademarks of the RAKET.PH. (the "Site Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Site Trademarks without the Site's prior written consent.
Copyrights and Trademarks of Others. the Site respects the intellectual property of others, and we ask our Users to do the same. To the extent the Site uses a trademark that is the property of a third party, the Site shall provide clear notice to anyone viewing the Site's use of that trademark that (a) the Site does not own the trademark and that the trademark is the property of a third party, (b) the Site has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored the Site's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Site and/or Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact our Site and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by the Site or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
No Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site's Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Site.
PAYMENT AND CHARGES
General. Access to our websites and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. Our responsibilities are limited to providing access to the Services to facilitate the transactions between and among the Users directly with each other. All other activity and transactions are beyond the responsibility or liability of RAKET.PH. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms and Conditions.
It is free to register for an Account, build areas in which you can upload and store your unique images and designs, either privately or for public viewing by other Users. Projects
Limitation of Liability. You agree that in no event or manner shall the Site be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Site has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Site, our Platform, attendance at Events or creation of projects. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, or (b) Five thousand pesos (PhP 5,000.00).
Equitable remedies. You hereby agree that if the terms of this Agreement are not specifically enforced, RAKET.PH will be irreparably damaged, and therefore you agree that RAKET.PH shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
Indemnification. You agree to indemnify, defend and hold the RAKET.PH , and the officers, directors, employees and agents of RAKET.PH, free and harmless from and against any and all claims, demands, suits and all other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), brought by any third-party in connection with or arising out of information, or through the use of the Platform and/or involvement with Events and/or Projects that you submit, post to, or transmit through the Site or Site, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Dispute Resolution. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, your participation in Events and/or Projects. In the Event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted for arbitration under Philippine domestic laws for final and binding arbitration. Nonetheless, legal action taken by the Site to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by the Site. In addition, either you or the Site may seek any interim or preliminary relief from a Court of competent jurisdiction exclusively in Quezon City, NCR, Philippines to the exclusion of all others necessary to protect the rights or property of you or the Site pending the completion of arbitration.
Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days from the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
Enforcement. The Agreement reached in the negotiations or the terms of the judgment in the mediation or arbitration proceedings, as applicable, may be enforced in and by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
Notice; Waiver. By agreeing to this Agreement you have also agreed that all disputes, claims or controversies arising out of or relating to this Agreement will be decided by negotiation, neutral mediation and/or neutral arbitration and you are giving up any rights you might possess to have those matters litigated in a court trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. Your Agreement to this arbitration provision is voluntary.
Dispute Resolution. We may try to help the Site members resolve disputes. If we do, we do so in our sole discretion, and we have no obligation to try to resolve disputes between Users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RAKET.PH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, AND ANY RAKET.PH content or user content, or any agreement/understanding purchased by you via the service HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF RAKET.PH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall RAKET.PH ’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE THOUSAND PHILIPPINE PESOS (Php 5,000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Entire Agreement. This Agreement constitutes the entire Agreement between you and the Site, superseding any prior Agreements between you and the Site. To the extent that you have previously registered with the Site and provided Your Information, this Agreement now governs how the Site may use Your Information, whether provided in the past or the future.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and the Site is intended or created by this Agreement.
Governing Law. This Agreement (and any further rules, regulations, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Philippines, without giving effect to any principles of international law and the conflicts of law.
Changes to the Agreement. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
No Waiver. The Site's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and the Site nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
Limitation. You and RAKET.PH each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understood this Agreement and agree to all of the terms of this Agreement; that all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.