MindanaoSpots Payment Terms and Subscriber Agreement

 

Free Plan subscriptions — Subscribing on Free Plan mean that you will NOT be billed automatically, on a recurring basis on the anniversary date of your subscription.

Basic Plan subscriptions — Your credit card or Paypal will be charged automatically, every two years, on the anniversary date of your subscription. If you wish to discontinue your subscription for the following two year subscription cycle, contact Customer Service at info.mindanaospots@gmail.com prior to the anniversary of your biennial billing date. You may also pay by check for Basic subscriptions. Please note that subscriptions are non-refundable. Once you failed to pay your renewal, your plan will be automatically downgrade to Free Plan.

Professional Plan subscriptions — This is a one- time payment plan, You will NOT be charge automatically, every year, on the anniversary date of your subscription. Please note that subscriptions are non-refundable.

Subscriber Agreement

The MindanaoSpots Online Directory service and the functions, facilities, and services related thereto (“Service”) is a subscription service that is accessible via a proprietary website operated and maintained by MindanaoSpots (“Directory”) a local directory company, at the following URLs: https://www.mindanaospots.com.The Service consists of multiple subscription services, each of which is described in paragraph 15(a) of this Agreement, and each of which is for use solely by individuals and/or entities who are authorized by the Directory to use it. As used in this Subscriber Agreement (“Agreement”), the terms “you,” “your” and “Subscriber” refer to the individual, company, organization or other legal entity on whose behalf this Agreement is accepted.

By clicking on the “I ACCEPT” button at the bottom of this Agreement, you are applying to become a paid or free Subscriber to the particular subscription service(s) that you select (“Subscription”) and agree to the respective Payment Term for such Subscription. This Agreement sets forth the terms and conditions on which the Directory is willing to permit your use of the Service and your responsibilities as a Subscriber. If your application to become a Subscriber is accepted by the Directory, you agree to use the Service in strict accordance with, and to be bound by, all of the terms and conditions contained in this Agreement. If you do not wish to be bound by this Agreement, simply exit this page without clicking the “I ACCEPT” button.

IMPORTANT BILLING INFORMATION : Note that, under paragraph 15(d)(2) below, when you subscribe to any paid Subscription plan, which requires credit card billing, or to an Basic Subscription plan and elect to pay your fee by credit card or paypal, you are agreeing to have your credit card or paypal charged according to and agree to the respective terms for the plan you select. Please note that under paragraph 15(d)(7) below there is no proration of your Subscription charge if you terminate your Subscription before the end of the Subscription period. PLEASE NOTE THAT ALL SUBSCRIPTIONS ARE NON-REFUNDABLE.

This Agreement is between you and the Directory. The Directory may be reached through the following e-mail address: info.mindanaospots@gmail.com. Use of the Service signifies your agreement to all of the terms and conditions set forth in this Agreement and modifications thereto made in accordance with paragraph 13 hereof.

Terms

  1. Subscription Services and Pricing

The subscription services provided through the Service are described in paragraph 15(a) below. Each subscription service provides access to one or listings , each of which are available on Free Plan, Basic Plan, and Professional Plan at the rates set forth in paragraph 15(d)(1) below, subject to the Directory’s sole right, at any time, to increase or otherwise modify the Subscription rates, or types of Subscriptions available. Notice of changes in rates and/or types of subscription services will be sent to Subscribers via e-mail notification, or will be posted on the Directory’s pricing plan page. It is your obligation to periodically monitor the Directory for any such changes or modifications.

  1. Username and Password

(a) At the time of application to become a Subscriber, you will be asked to provide your own username and password. The Username and Password selected will be required to access your Subscription on the Service. Subscribers may access the Service only by using their Username and Password and may not allow any other person to access the Service using their Username or Password.

(b) Subscribers shall not disclose their Username or Password to any other person or entity and shall make all reasonable efforts to maintain their Password as secret and confidential. Subscribers are solely responsible for maintaining the confidentiality of their Password, and for all use, whether authorized or unauthorized, of the Service under their Username and Password. The Directory shall have no obligation or liability with regard thereto

(c) Subscribers must promptly inform the Directory if they suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of any Username, Password, or credit card number used in connection with the Service. Until the Directory is properly notified of a breach of security by e-mail notice info.mindanaospots@gmail.com or by phone +63 09473081720, the Subscriber will remain responsible for any unauthorized use of the Service occurring under the Subscriber’s Username and Password.

(d) Logs of all accesses to the Service may be kept and logins from more than three (3) distinct second-level domains shall constitute proof of violation of a Subscriber’s obligation not to disclose his/her Password, and may result in the Directory’s termination of the Subscriber’s access to the Service, without notice or warning.

(e) REMEMBER YOUR USERNAME AND PASSWORD! If you forget either of them, the MindanaoSpots may disclose them to you under security procedures determined by the MindanaoSpots, which may result in substantial delays in your ability to access the Service.

  1. Grant of Rights

This Agreement constitutes a non-exclusive, non-transferable license to use the Service in strict accordance with the provisions of, and only during the term of, this Agreement. The Listings (s) and all other aspects of the Service, including for some subscription services Additional MindanaoSpots content are the property of the Directory and are protected by copyright laws and international treaties. This Agreement does not grant you the right to use any Directory trademark, service mark, or logo for any purpose whatsoever.

  1. License Rights

Upon your acceptance as a Subscriber or selection by a Subscriber, and subject to the restrictions in paragraph 5 below, you are hereby granted a non-exclusive license to:

(a) Use the Service to perform searches of the Listing(s) included in your Subscription; and, for some subscription services, and

(b) Print hard copies of any search output of the Listings (s), which copies may be used by Subscriber; and

(c) Subject to paragraph 5, download any search output of the Listing(s), which may be used by Subscriber.

All rights not expressly granted in this Agreement are reserved to the Directory.

  1. Restrictions

The rights granted in paragraph 4 above are limited as follows:

(a) Use of the Listing(s) content is for INTERNAL PURPOSES ONLY. Subscriber shall not sell, distribute, loan, lease, or commercially exploit the Listing(s), any search output therefrom, or any content included in the service, or create any derivative work using the Listing(s) or content included in the service.

(b) Subscriber shall not transfer, assign, or sublicense this Agreement or its rights hereunder without the prior written permission of the Directory.

(c) Printing or downloading of any search output may not exceed a significant segment.

(d) Scraping or other technological means of wholesale or material downloading or storing of the Listings(s) or any content is STRICTLY PROHIBITED.

(e) Any stored hard copy or digital copy remains the property of the Directory and must retain the Directory’s copyright information.

The license rights are limited to the Subscriber and do not extend to any subsidiary, parent, related or affiliated organizations, OR TO ANY THIRD PARTY, except that where the Subscriber is a library or other public institution, Subscriber’s rights to use the Service and the Listing(s) extended to the patrons of those institutions as well, so long as such use is in accordance with the terms of this Agreement.

  1. Personal Information

(a) The Directory will maintain as confidential all information regarding your credit card or PayPal used to pay the Subscription fee, where applicable, and will not disclose such information to any third party except as may be necessary to validate the card or to implement charges for your Subscription, or as permitted by paragraph 8(b) hereof.

(b) You acknowledge and agree that the Directory may use other information about you which the Directory obtains either directly from you or which it obtains by the nature of your use of the Service.

  1. Proprietary Materials

(a) The Service contains copyrighted material, trademarks, and other proprietary information of the Directory (collectively “Proprietary Material”), including, but not limited to, text, photos, graphics, images, code, design, coloring, layout and all other attributes. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.

(b) Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

(c) MindanaoSpots service marks and logos are service marks and trademarks of the Directory. Other trademarks, service marks, and logos used in the MindanaoSpots Website are the trademarks, service marks, or logos of their respective owners.

  1. Subscriber Information

(a) For purposes of identification, billing, and marketing, Subscriber agree to provide the Directory with accurate, complete, and updated information required at the time of registration as a Subscriber (“Registration Data”), including your legal name, address, telephone number(s), e-mail address, and applicable payment data (e.g., credit card number and expiration date for Subscribers paying by credit card), and other information. The Directory reserves the right to verify the accuracy of this information. You agree to promptly notify the Directory of any change in your Registration Data. See paragraph 15 below for details on notifying the Directory of these changes. Failure to comply with this provision may result in immediate suspension or termination of your license to use the Service.

(b) The Directory reserves the right to reveal any Registration Data or other information in its possession regarding Subscribers in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.

  1. Indemnification

(a) You agree to indemnify, defend, and hold harmless the Directory and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”) from and against any and all liability and costs (including attorneys’ fees and costs) incurred by the Directory and/or the Affiliates in connection with any claim arising out of any breach by you of any provision of this Agreement.

(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. The Directory reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of the Directory.

  1. LIMITED WARRANTY

(a) THE SERVICE AND THE LISTINGS(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE RESTS WITH THE SUBSCRIBER.

(b) The Directory does not warrant that the functions of the Service will meet Subscriber’s requirements or that the operation of the Service or the Listings(s) will be uninterrupted or error free.

(c) The Directory shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Service or the Listing(s) or any content.

(d) The Directory has no control over the content of the websites that may be accessed from Foundation MindanaoSpots through hypertext links (“Linked Sites”), and is not responsible for their content. The Linked Sites are provided for your convenience only and you access them at your own risk.

  1. LIMITATIONS ON LIABILITY AND REMEDIES

(a) THE DIRECTORY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

(b) In no event shall the Directory be liable for any direct, indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Service, even if the Directory has been advised of the possibility of such damages.

(c) In the event that a limitation on liability or remedy contained herein shall be adjudged invalid by a court of competent jurisdiction, all other limitations on liability or remedies shall remain valid, and in no event shall the Directory’s damages under any legal theory exceed the total fees paid by Subscriber under the license granted herein during the twelve months immediately preceding the date on which the cause of action arose.

  1. Termination

The Directory may terminate the right of any Subscriber to access the Service at any time, with or without cause, in the Directory’s absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a Subscriber’s right to access the Service shall in no manner whatsoever limit the Directory’s absolute right to terminate any Subscriber’s access to the Service under this paragraph.

  1. Modifications of Agreement or Service

(a) The Directory has the right to modify this Agreement in any manner and at any time, without notice or liability. Any modification is effective immediately upon the earlier of (i) notice by electronic mail to the e-mail address last provided to the Directory by you; or (ii) fifteen days following the date that the modified Agreement is first posted on the Service. Your continued use of the Service following its effective date shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Directory in providing the Service, including, without limitation, (i) any changes in the content of the Service, or (ii) any change in the amount or type of fees, charges, or assessments payable under this Agreement, is to terminate your Subscription and continued use of the Service by delivering proper notice thereof to the Directory in accordance with the instructions provided in paragraph 15(d)(7) below. Such notice will be effective at the end of your current billing cycle, as set forth in paragraph 15(d)(7)(ii) below.

(b) The Directory may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to terminate your Subscription and continued use of the Service by delivering proper notice to the Directory in accordance with the instructions provided in paragraph 15(d)(7) below. Such notice will be effective at the end of your current billing cycle, as set forth in paragraph 15(d)(7)(ii) below.

  1. General

(a) Failure by the Directory to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.

(b) This Agreement, and all other aspects of a Subscriber’s use of the Service, shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of laws rules. (c) This Agreement constitutes the entire agreement between you and the Directory with respect to the Service and supersedes all prior agreements or understandings between you and the Directory with respect thereto.

  1. Subscription Services, Fees and Policies

(a) The subscription services currently available through the Service are:

(1) MindanaoSpots which provides Subscribers with access to Directory listings and dashboard.

MindanaoSpots also provides exclusive to paid plans subscribers such as the ability to update their claimed listings, view leads, and setup booking platforms supported by the directory.

(2) Dashboard, a suite of features for managing their claimed listings, leads, and booking.

(b) You are responsible for all fees, charges, or assessments resulting from use of the Service. All amounts are to be paid in Philippine Peso.

(c) The Directory reserves the right to increase any fees, charges, or assessments and to institute new fees at any time by notifying Subscribers via e-mail or posting a notice on the MindanaoSpots website.

(d) The terms and conditions relating to Subscription fees and policies are as follows:

(1) Subscription Payment Plans and Rate Schedule

You may subscribe to any subscription service described in paragraph 15(a) under Basic and Professional (available to individuals, companies, or organizations), in which you are the only person authorized to use the Subscription. The Subscription fees payable for each Subscription plan may be viewed at https://www.mindanaospots.com/pricing-plan/

(2) Billing Process and Procedures

(I) Recurring Subscription credit card or Paypal payment – If you elect to pay your Basic or Profesional (biennial) Recurring Subscription fee by credit card or Paypal, you are agreeing to have your credit card or Paypal billed automatically every two years at the then applicable Subscription rate, unless and until you inform the Directory, via e-mail, that you wish to terminate your Subscription. However, please note that under paragraph 15(d)(7) below there is no proration of your two-year Subscription charge if you terminate your Subscription before the end of its two-year period. Your Subscription will be billed to your credit card, in advance, every two years on the anniversary of your Subscription start date. You will receive a notice approximately one month prior to the end of your two-year subscription cycle informing you that your credit card will be automatically charged on the anniversary date of your Basic or Professional subscription. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(II) Basic Subscription check payment – If you elect to pay your biennial Subscription fee by check, you will receive two renewal notices, the first approximately two months prior to the end of your current biennial Subscription period and the second notice approximately one month prior to the end of your current biennial Subscription period. Your payment of the renewal fee set forth in the renewal notice will be required before the end of your current biennial Subscription or your Subscription will automatically terminate at that time and downgraded to Free Plan. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(III) Professional Subscription Payment – If you subscribe to our Professional which is unlimited and no expiration plan, you will only pay the subscription fee one-time thru credit card or Paypal. No monthly or early recurring payment will incur to your account for the renewal. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(3) Credit Card Payment Process

(i) Credit card authorization – The credit card information you supplied is automatically submitted for authorization, once you have clicked on the “I ACCEPT” button at the bottom of this Agreement. This authorization process takes only seconds; once your credit card is authorized, you will receive a “Welcome” message and e-mail confirming the successful authorization of your credit card and the completion of your registration process. (See paragraph 15(d)(4) below.) This credit card authorization process will be repeated prior to billing each subsequent Subscription fee charge; however, you will receive the “Welcome” and e-mail messages only at the time of your initial registration.

(ii) Secure payment processing – The Directory’s secure server software encrypts information to protect your credit card transaction. If you have concerns, please read our Security Statement.

(iii) Unsuccessful authorization – If, at the time of any billing, the Directory is unsuccessful in its attempts to receive authorization for your credit card, the Directory will automatically send you an e-mail informing you of this difficulty. You will be required to contact your credit card processor and/or bank immediately to determine the nature of the problem with your account, and to notify the Directory immediately of your updated credit card information. In the interim, the Directory will continue to attempt to successfully bill your account, each day, for up to 10 days. If the Directory is unable to do so, and has not heard from you by the end of this 10-day period, your Subscription will be terminated.

(iv) Credit card expiration date – As a service to Subscribers, the Directory will automatically send you e-mail notification informing you that your credit card is due to expire within the next 30 days. In order to continue your Subscription, without interruption, you must supply the Directory’s Customer Service Department with updated credit card information, or a brand new credit card and expiration date prior to the expiration of your credit card. If the Directory has not heard from you during this period, your Subscription will be terminated.

(4) Registration/Subscription Confirmation

The following notices will be sent confirming your registration and Subscription information:

(i) Welcome/Subscription Services pages – If you authorize credit card payment for your Subscription, once you accept the Subscriber Agreement, and your credit card payment is authorized, you will be taken to a “Welcome” page, which will confirm your successful registration. If you elect to pay for your Subscription by check, once you accept the Subscriber Agreement, you will be taken to a “Subscription Services” page that provides you with information needed to complete the subscription process by mail.

(ii) E-mail confirmation – In addition to the above, if you elect to pay for your Subscription by credit card or Paypal, a confirmation notice will be sent to the e-mail address you provided on your registration form. This notice will be sent to those authorizing credit card payment immediately upon authorization of the credit card and will confirm your Subscription start date, Username and Password, and the Subscription rate applicable to you. The e-mail notice will serve as your receipt; save it for future reference.

If you elect to pay for your Subscription by check, a Subscription invoice will be sent to the e-mail address you provided on your registration form, which will include your Username and Password, and Subscriber ID number, along with instructions for completing the Subscription process by mail. Once your check, accompanied by a printout of your Subscription invoice is received, a subsequent e-mail will be sent to you confirming your successful registration, the activation of your account, and your Subscription start date.

Note: If you have not received e-mail confirmations during the Subscription process, please notify our Customer Service Department by sending an e-mail info.mindanaospots@gmail.com

(5) Access to the Service

Upon the successful completion of your registration process and payment, you may immediately use the Listings(s) included in your Subscription through a direct link that will be provided either on the Welcome page (for those who subscribe by credit card) or on the e-mail account activation notice (for those who elect to pay by check). As an active Subscriber, you can access your Subscription at any time by clicking on either of the links below (you may wish to bookmark these pages to save time in the future):

(i) Application URLhttps://www.mindanaospots.com

(ii) Website home pagehttps://www.mindanaospots.com

(6) Username and Password

(i) Confidentiality – Upon successful completion of your registration and payment process, you may enter the Service Website through its home page, using the Username and Password you chose during the registration process.

(ii) Forgotten Passwords – Should you forget your Password, you reset your password or please contact us for info.mindanaospots@gmail.com for assistance. You will be asked to answer the security question chosen during the registration process.

(7) Terminating Your Subscription

(i) MindanaoSpots Directory– If you wish to terminate your Subscription, you must do so by contacting the Directory’s Customer Service Department, in writing, either by sending an e-mail to info.mindanaospots@gmail.com

(ii) Termination and your billing cycle – As noted in paragraph 15(d)(2) above, your account is billed and payable in advance, each month, year, or every two years (depending on the type of Subscription you have), on the anniversary of your Subscription start date. It is important to note that Subscriptions are not prorated. Once you notify the Directory’s Customer Service Department that you wish to terminate your Subscription, the Directory will stop billing your account .PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(iii) Confirmation of account termination – Once you have notified the Directory’s Customer Service Department that you wish to terminate your Subscription, the Directory will automatically send a confirmation notice to your e-mail address. This notice will include your Subscription end date; you can save this for future reference.

(iv) Involuntary termination/non-compliance – The Directory reserves the right to terminate your Subscription based on our inability to successfully bill your credit card according to the terms outlined in paragraph 15(d)(3) above. In addition, the Directory reserves the right to terminate your Subscription at any time, based on non-compliance with any terms and conditions set forth in this Subscriber Agreement.

(v) Re-subscribing – If you voluntarily terminated your Subscription, you may re-subscribe at any time to any subscription service provided through the Service, as long as your account was in good standing at the time of termination. Contact Customer Service at info.mindanaospots@gmail.com to reactivate your previous Subscription.

(vi) This paragraph 15(d)(7) shall not apply to Additional Licensees.

(8) Changing Your Account Information

In addition to changes to your account referenced above, such as credit card and Username/Password information, you should report any change in your contact information immediately (address, telephone, e-mail address) to the Directory’s Customer Service Department. For fastest service, you may use the Account area, accessible to Subscribers to the Service after logging in, to update your contact information automatically online, or to change your Password. You may also use the e-mail address or telephone numbers provided below. This paragraph 15(d)(8) shall not apply to Additional Licensees.

(9) Changing or Upgrading Subscriptions

Current Subscribers of the Service may change or upgrade their subscriptions automatically, online, through the Subscriber Services area, accessible to Subscribers after logging in with your Username and Password. Instructions are provided for changing subscription cycles (e.g., from Basic to Professional), changing subscription plans.

(10) Contact Information – Billing and Subscription Inquiries

The Directory’s Customer Service Department is available to respond to your billing and account questions Monday through Friday, between 9:00 a.m. and 5:00 p.m., Philippine Time.

E-mail – Send e-mail to info.mindanaospots@gmail.com.

(11) Contact Information – Technical/Product Support

Subscribers seeking technical assistance or other assistance using the Service may send inquiries via e-mail to: info.mindanaospots@gmail.com.