Welcome to MOTORCYCLEASIA.COM,
the premiere online shop specializing in everything related to motorcycles
in the Philippines. MOTORCYCLEASIA.COM
brings together under one virtual roof local independent merchants
offering a wide range of products and services at bargain prices.
Please read the following terms and conditions carefully.
1. ACCEPTANCE
If you visit or shop at MOTORCYCLEASIA.COM
or use this site in any way, shape or form, you signify your agreement
to all terms, conditions, and notices contained or referenced herein
(the "Terms of Use"). We reserve the right, at our discretion,
to modify or update these Terms of Use. Please review these Terms
of Use periodically. Your continued use of this site following any
modification or update in the Terms of Use constitute your acceptance
of those changes.
2. RESTRICTIONS ON USE
You acknowledge and agree that your registration,
or participation in programs and other use of this site is subject
to the Terms of Use and that MOTORCYCLEASIA.COM
in its sole discretion may terminate and disallow, as the case may
be, such registration, participation and use. You further acknowledge
and agree that MOTORCYCLEASIA.COM is not
responsible and cannot be held liable for any unauthorized transaction
carried out in your name. Participating Merchants may offer products
or services suitable for adults, or containing adult or mature content.
Those who are less than 18 years old, or otherwise not permitted
to access such content or purchase such products of services under
the laws of the applicable jurisdiction are expressly prohibited
from doing so. Submission of an order to purchase goods or services
constitutes a binding order and must be completed, subject to the
terms and conditions set by the payment and service providers and
by the Participating Merchant’s governing such transaction.
Users may not purchase goods and services where prohibited by the
applicable law in their jurisdictions, and users possess sole responsibility
in ensuring compliance with such laws. Only persons with legal capacity
may register as user, and any order to purchase goods or services
from the site constitutes a representation and warranty that the
user possesses legal capacity to make such purchase. MOTORCYCLEASIA.COM
grants you a limited license to access for personal and non-commercial
use of this site. Collection and use of product listings, descriptions,
prices, retrieval of data or other content compilations, databases,
or directories, and derivative uses of this site or its contents,
are strictly prohibited.
3. REGISTRATION AND PRIVACY
There are products, services and features of the
site that will require the use to register and provide certain data.
Our use of the data you provide will be governed by our Privacy
Policy. In consideration of your use of the site and enjoyment of
the features available to registered users, you represent and warrant
that the information you provided is accurate, current and complete,
and that you will update your profile whenever any information you
have provided has changed over the course of time. MOTORCYCLEASIA.COM
reserves the right to suspend or terminate your registration and
access to the site if you provide information, or if MOTORCYCLEASIA.COM
has reasonable grounds to believe that you have provided information,
that is untrue or inaccurate, not current or incomplete. You are
responsible for maintaining the confidentiality of your user name
and password, and are fully responsible for all activities that
occur under your user name and password. You agree to immediately
notify MOTORCYCLEASIA.COM for any unauthorized
use of your user name and password or breach of security. When you
use the site under your user name, you must ensure that you log
off at the end of every session.
4. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials
available on this site, such as text, graphics, images, data compilations
and software, are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. The
compilation of all content on this site is the property of MOTORCYCLEASIA.COM
and its content suppliers protected by Philippine and international
laws. You agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, create derivative works, from such materials or content,
or exploit the same for any commercial purpose, without the express
written consent of MOTORCYCLEASIA.COM.
Use of MOTORCYCLEASIA.COM’s trademarks
and trade dress in connection with any product or service that is
not MOTORCYCLEASIA.COM, or framing techniques
that use MOTORCYCLEASIA.COM’s trademarks,
logos and proprietary information, or use of the same in meta-tags
without the written permission of MOTORCYCLEASIA.COM,
and any other unauthorized use terminates the license or permission
granted by MOTORCYCLEASIA.COM. You may
link to the home page of MOTORCYCLEASIA.COM,
or any part of the site, for as long as the link is not misleading,
derogatory, offensive or otherwise damaging to MOTORCYCLEASIA.COM.
Data mining, use of robots and data gathering and extraction tools,
and all other systematic retrieval of data or other content from
this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from
MOTORCYCLEASIA.COM is absolutely prohibited.
MOTORCYCLEASIA.COM may include links
to other sites, and you acknowledge that the inclusion of such links
in the site is not an endorsement or implication of any affiliation.
Except as otherwise indicated, such other sites are independently
operated and MOTORCYCLEASIA.COM assumes
no responsibility for content at such other sites.
5. RELATIONSHIP WITH PARTICIPATING MERCHANTS
MOTORCYCLEASIA.COM is in
no partnership, joint venture, employer-employee, franchisor-franchisee
with any Participating Merchant accessible through the site. MOTORCYCLEASIA.COM
exercises no control over content emanating from the
Participating Merchants. MOTORCYCLEASIA.COM
is an infrastructure provider for on-line transactions between Participating
Merchants and the public but does not, by its service, assume any
legal obligation of the Participating Merchants.
6. SUBMISSIONS
You may post any comments, questions, information,
suggestions, or other content, so long as such content is not illegal,
obscene, defamatory, infringing of intellectual property rights,
or otherwise injurious to third parties. Use of false e-mail addresses
and other means of identification is prohibited. You agree that
posting or submitting content to this site constitutes a royalty-free
grant to MOTORCYCLEASIA.COM and its affiliates
of the right to use, reproduce, display, perform, adapt, modify,
distribute, and promote such content in any form, anywhere and for
any purpose. Furthermore, you warrant and represent that you own
or otherwise control all of the rights to the content and that public
posting and use of your content by MOTORCYCLEASIA.COM
will not infringe or violate the rights of any third party.
7. DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS, INFORMATION, CONTENT,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED OR AVAILABLE HEREIN ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MOTORCYCLEASIA.COM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
MOTORCYCLEASIA.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT
YOUR RISK. THESE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU AS SOME JURISDICTIONS DO NOT PERMIT THE SAME MOTORCYCLEASIA.COM
MAKES NO REPRESENTATION THAT MATERIALS ON THIS SITE ARE APPROPRIATE
OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE PHILIPPINES, AND ACCESSING
THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.
SO FOR THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS
DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE
WITH LOCAL LAWS.
8. LIMITATION OF LIABILITY
MOTORCYCLEASIA.COM, ITS SUBSIDIARIES, OR ITS LICENSORS
CANNOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL
DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, WHERE THE APPLICABLE LAW DISALLOWS THE FOREGOING EXCLUSIONS
OR LIMITATIONS, THE SAME SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
9. INDEMNIFICATION
That you agree to defend, indemnify, and hold harmless
MOTORCYCLEASIA.COM and its subsidiary
and other affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of
this site. However, MOTORCYCLEASIA.COM
reserves the right to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which
case you will cooperate with MOTORCYCLEASIA.COM
in asserting any available defenses.
10. APPLICABLE LAW AND FORUM
These Terms of Use shall be governed by and construed
in accordance with the laws of the Philippine Islands, without regard
to principles of conflict of laws. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of this site shall be
filed only Makati City, Philippines, and you also agree and submit
to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
11. DISPUTE RESOLUTION
Any dispute relating in any way to your visit and
use of the site, or to your purchases through MOTORCYCLEASIA.COM,
shall be submitted to binding arbitration before the Philippine
Dispute Resolution Center, in according with the rules of said institution.
However, this provision does not preclude MOTORCYCLEASIA.COM
or the Participating Merchants, from bringing any action any court
of competent jurisdiction for injunctive relief or other provisional
relief as it deems to be necessary or appropriate.
12. SEVERABILITY
Except as specifically indicated in this site, this
agreement constitutes the entire agreement between you and MOTORCYCLEASIA.COM
with respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or electronic)
between you and MOTORCYCLEASIA.COM with
respect to this site. If any part of these Terms of Use or Acceptable
User Policy is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and
the remaining portions shall remain in full force and effect. |