Terms of Use Agreement
These Terms of Use (the “Agreement”) govern your access to and use of the New Coast Hotel Manila website (the “Site”). Please read these terms of use carefully, as they contain important information governing your use of this website, and any legal rights and remedies arising from such use. By using our website, you are agreeing to comply with and be bound by the following terms of use. If you do not agree to these terms, you should not view the information as provided on the Site, nor obtain goods or products from the Site.
As used in this Agreement, the words “we”, “us”, “our” or words of similar import refer to New Coast Hotel Manila and its Affiliated Parties. The words “you”, “your” or words of similar import refer to the user of the Site, whether the user is an individual or any type of entity with legal personality.
- Acceptance of Agreement. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement, as well as our Privacy Policy. This Agreement constitutes the entire agreement between you and New Coast Hotel Manila, and supersedes any prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. We may update or modify this Agreement from time to time at our own discretion without specific notice to you. Any changes to the Agreement will be effective immediately upon posting on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the revised Agreement. Please review this Agreement periodically to stay informed of any updates prior to using the Site.
- Copyright. The images of people, places, or things, displayed on the Site are either the property of, or used with permission by, New Coast Hotel Manila. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited, unless otherwise specifically allowed by New Coast Hotel Manila. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of data privacy, and other relevant laws, rules, and/or regulations. New Coast Hotel Manila does not transfer any form of ownership rights to any content, document or other materials viewed through the Site.
- Limited Right to Use. Nothing contained on the Site should be construed as granting whether explicitly, implicitly, by implication, estoppel or otherwise, any right or license to use any trademark, copyright, or and other proprietary (including but not limited to intellectual property) right, without the written permission of New Coast Hotel Manila or such relevant third party that may own the trademark, copyright, and other proprietary (including but not limited to intellectual property) right on any content displayed on the Site. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting, and Modification. We reserve the right to, at our sole discretion, edit, remove, or delete any documents, information, or other content appearing on the Site, without prior notice, for any reason, including but not limited to legal compliance or user safety.
- Indemnification. You agree to indemnify, defend and hold New Coast Hotel Manila, our directors, officers, partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) free and harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of this Site.
- Non-transferability of Rights. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
- Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). The information and services may contain bugs, errors, problems, or other limitations. We, New Coast Hotel Manila and its Affiliated Parties, have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental consideration of the Agreement between New Coast Hotel Manila and you. This Site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing any form or document accessible through the Site is disclaimed. We will not be liable to you for any incidental, special, or consequential damages of any kind that may result from use of or inability to use our Site.
- Use of Information. By accessing the Site, you authorize and grant New Coast Hotel Manila and its Affiliated Parties the right to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy
- Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services (as may be applicable). You understand that we, New Coast Hotel Manila and its Affiliated Parties, do not operate or control Merchants and do not own the products or services offered by Merchants. Merchants are responsible for all aspects of processing, fulfillment, billing, and customer service. You hereby acknowledge that we are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied, or otherwise including warranties of title, fitness for purpose, merchantability, or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our Site.
- Third-Party Merchant Policies. All rules, policies, (including privacy policies) and operating procedures of Merchants may apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You may refer to New Coast Hotel Manila’s Privacy Policy by clicking this link: https://newcoasthotels.com/nchm/privacypolicy.php.
- Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
- Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control.
The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Links to other Websites. The Site may contain links to other websites that are not owned by New Coast Hotel Manila. These links are provided for your convenience only and do not constitute an endorsement, approval, or warranty of the content, services, or operator of such sites.
We make no representations or warranties regarding the accuracy, legality, or content of any third-party linked websites. We do not monitor or review such sites and shall not be responsible or liable for any damages or losses that may arise from your use or access of such third-party content.
Should you choose to access to any third-party websites, you do so entirely at your own discretion and risk.
- Information and Press Releases. The Site contains information and press releases about us. While any information or press release is believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any information or press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
- Non-waiver. Any failure to enforce or delay in the enforcement of any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Venue. Any and all actions arising from or in connection with this Agreement shall be filed exclusively with the proper courts of the City of Manila.
- General Law. This Agreement shall be governed by and construed according to the laws of the Republic of the Philippines.
- Separability Clause. If any provision in this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed severed from this Agreement and all other provisions shall remain in full force and effect.
