Please read this The Neighborhoods at Anvaya Cove Homeowners’ Association, Inc. (the “Association”) Terms and Conditions set out below, which includes disclaimers of liability, notice and other important matters of interest to users generally. By pressing the "I Agree" button or accessing of this website and/or undertaking of a booking or Agreement, you acknowledge that you have read and understood the NHOA Terms and Conditions, and you agree and accept unconditionally to be bound by the terms and conditions of the NHOA Terms and Conditions and all amendments, revisions and additions which may at the absolute discretion of NHOA effect from time to time.
Terms and Conditions
In using this website, you are deemed to have read and agreed to the following terms and conditions:
1. Rules of Interpretation - The following rules of interpretation apply to these Terms and Conditions and any or all agreements: the terms: (i) “Client”, “you” and “your” refer to you, customers, users or the person accessing this website and accepting the Company’s terms and conditions; (ii) “Company”, “ourselves”, “we” and “us”, refer to NHOA, and (iii) “party”, “parties”, or “us” refer to both the Client and NHOA, or either the Client or NHOA, as the context provides. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to prevailing Philippine law. Any use of the above terminology or other words in the singular, plural, capitalization and/or the male, female or neuter gender are taken as interchangeable and therefore as referring to the same.
2. Privacy Statement - We are committed to protecting your privacy. Authorized employees within the Company are on a need-to-know basis only when using any information collected from individual Clients. We review our systems and data to ensure the best possible service to our Clients. We have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
3. Confidentiality - Client records are regarded as confidential and therefore will not be divulged to any third party except:
- to Client’s agents and representatives with the full knowledge and agreement of the Client, provided that such agents or representatives agree to confidentiality measures substantially in conformity with the Terms and Conditions;
- as required by law; or
- in response to a subpoena or other compulsory legal process, provided that each party agrees to give the other written notice of at least seven (7) days prior to disclosing Client records under this subsection (or prompt notice in advance of disclosure, if seven (7) days advance notice is not reasonably feasible), unless the law forbids such notice
Clients have the right to request sight of, and copies of, any and all Client records we keep, on the proviso that we are given written request of at least three (3) days prior to disclosing Client records. Where appropriate, we shall issue Client with appropriate written information, handouts, or copies of records as part of an agreed contract for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party except as provided above.
4. Disclaimer; Exclusions and Limitations - The information on this website is provided on an “as is” basis without warranty of any kind. You expressly agree that use of the website is at your sole risk. To the fullest extend permitted by law, this Company:
- does not make representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions or typographical errors in this website and/or the Company’s literature;
- does not make representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the website for any purpose;
- disclaims all warranties and conditions with regard to information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement;
- shall not be liable for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages;
- shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website;
- shall not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's right, including intellectual property rights.
- shall not responsible for any content sent using and/or included in any website by any third party. In no event shall Company be liable for any direct, indirect, actual, moral, exemplary, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if Company has been advised of the possibility of damages. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website;
- nor its affiliates, nor any of their officers, directors, shareholders, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that the website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the website.
5. Cancellation Policy - Minimum twenty four (24) hours prior notice of cancellation is required. Notification for instance, in person, via email, mobile phone text message and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy charges to cover any subsequent administrative expenses.
6. Termination of Agreement;Refunds Policy; Access Restriction - Both the Client and Company have the right to terminate any Service Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect to the provision of unused services shall be refunded.
Company reserves the right, in its sole discretion, to terminate your access to any or all website services and the related services or any portion thereof at any time, without notice. Upon termination of the website services, your right to use the website immediately ceases. Company shall have no obligation to maintain any content or to forward any unread or unsent messages, bids, notices, materials or any data to you or any third party.
Company also reserves the right to cancel/terminate accounts that have remained inactive for such period of time as may be determined by the Company.
7. Availability - Unless otherwise stated, the services featured on this website are available only within the Philippines, or in relation to postings from the Philippines. All advertising is intended solely for the Philippine market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads and text available through this site. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to its best ability. By using this service, you thereby indemnify this Company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.
8. Log Files - We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
9. Cookies - Like most interactive websites, this Company’s website (or ISP) uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
10. Links to this Website - You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. Company will not be liable for any errors, omissions, loss of data, materials or functions by third party sites linked to or from the website and operated by other entities. Third party websites linked to or from our website are the responsibility of those other entities and Company does not endorse the sites even if a link is established between the website and the website of the other entity.
11. Copyright Notice - Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is or may be registered as trademark of this Company in the Philippines and other countries. The brand names and specific services of this Company featured on this website are or may be trademarked.
The Company’s trademarks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or Clients or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its subsidiaries that appear on this site are the property of their respective owners.
12. Communication - When you contact us via our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and by other means. We will communicate with you by email, telephone, mobile phone, facsimile, or in writing. You agree that all agreements, notices, disclosures, and other communications that we provide to you by any of the aforementioned means satisfy any legal requirement that such communication be in writing.
In accessing your account in the website, you acknowledge that all statements of accounts and communications regarding this Terms and Conditions and your account in the Company are considered to have been read and received.
13. Your User Account - You are entirely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Furthermore, are entirely responsible for for any and all activities that occur under your account or password regardless of the actual person using the account or password. You agree to notify in writing the Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. This Section shall remain in perpetuity. The Parties agree that the duty of confidentiality established in this Terms and Conditions will survive any expiration and/or termination of this Terms and Conditions, for any reason whatsoever.
14. Assignment of Account - You shall not assign your account, as well as any other rights or obligations you have under this Terms and Conditions without prior written consent of the website. Any assignment made without such consent shall be void.
15. Relationship - Company is an independent service provider and as such, does not act on behalf of or as agent of any Client or user. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms and Conditions or the use of the website.
16. Indemnity - You shall fully indemnify and render Company, subsidiaries or affiliates or any of its officers, trustees, shareholders, employees and assigns, free and harmless from any and all claims, liabilities, demands, actions, obligations, losses, injuries, damages and proceedings whatsoever made against the website by any person whosoever arising out of or in connection with (a) your use of the website; (b) any transaction you made through the internet, whether or not using the website; and (c) breach of this Terms and Conditions, or your violation of any law or the rights of a third party.
17. Force Majeure - Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
18. Waiver - Except as otherwise provided in this Terms and Conditions, no failure or delay by any Terms and Conditions in exercising any right, power or privilege under this Terms and Conditions or in insisting upon strict performance of any provision of this Terms and Conditions or any Agreement shall operate as a waiver thereof and shall not cause a diminution of the obligations under this Terms and conditions or any Agreement, and no single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver by any Party of any breach of any term, covenant, agreement, representation or warrant contained in this Agreement, in any or more instances, shall be deemed to be or construed as a waiver of any other condition or of the breach of any other term, covenant, agreement, representation and warranty contained in this Agreement. No waiver of any term, provision or condition in this Agreement shall be deemed to be or construed as further or continuous waiver of such term, provision or condition. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
19. Viruses, Hacking, and other Offenses - You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
We will report any breach of this provision to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or any website linked to it.
20. General - The laws of the Republic of the Philippines govern these terms and conditions. By accessing this website and availing of our services, you consent to these terms and conditions and to the exclusive jurisdiction of the Philippine courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
21. Notification of Changes - The Company reserves the right to change these conditions from time to time as it sees fit including but not limited to the charges associated with the availment of the services of the website at any time without notice at any time without notice. Your continued use of the site will signify your acceptance of any adjustment to these terms and conditions. If there are any changes to our privacy policy, we will announce that these changes have been made on our site. You are therefore advised to re-read and review this statement and additional terms and conditions on a regular basis.
22. Rules and Regulations - You agree to be bound by rules and regulations which Company may from time to time promulgate or issue in connection with the procedures, restrictions, mechanics, fees, charges, taxes, terms and methods of payment, liability, cancellations, refused transactions, complaints processing, notices, account balances, currency, user accounts, and such other terms and conditions for the use of the website.
