The provisions found in this Terms and Conditions are entered by and between Don Carmelo's Smoke & Steak House (App) and the person availing the App's services ('You').
By CHECKING, CLICKING or through any other method that fills in the "Agree to Terms" box upon registration with the App, You acknowledge that you have read and understood the contents of this Terms and Conditions and you freely give your consent to be bound by its provisions.
"Person" means natural or juridical person.
"Your Account" means the account which is identifiable with the personal information you provided to the App.
"Personal informational" means any information or data, whether recorded in a material form or not, from which your identity is apparent or can be reasonably and directly ascertained by the App , or when put together with other information would directly and certainly identify You;"Sensitive Personal Information" means personal information:
1. About your race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
2. About your health, education, genetic or sexual life, or to any proceeding for any offense committed or alleged to have been committed by you, the disposal of such proceedings, or the sentence of any court in such proceedings;
3. Issued by government agencies peculiar to you which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
4. Specifically established law to be kept classified.
"Privileged information" means any and all forms of data, which, under the law constitute privileged communication.
"Content" means any information or data that you have submitted to the App for processing, and those that are displayed in the App's website.
"Privacy Policy" means the privacy policy found here
"Service" means the activity provided for by the App to You.
"Server" means the server or servers controlled by the App on which all Content You submitted to the App are stored.
"Third Party" means any third party that the App may have entered into a contract with.
Unless otherwise stated in this Terms and Conditions and subject to prior notice, the Service is FREE to use. The App may revise its policies for fees from time to time as it sees fit. However such changes shall be effective only upon Your acceptance to those changes which will be conveyed to you as soon as practicble.
For Service that requires fees, the App has the sole right to discontinue such Service until the outstanding balance is fully paid or settled. Should the App is forced to resort to litigation to enforce its rights, then all cost of litigation including attorney's fees shall be for Your account. The credit card or any payment scheme associated with your Account shall be charged automatically.
You must indicate your agreement upon signing up with the App. Otherwise, the Service shall be denied to you regardless if you have entered your personal information to the Server. You may retrieve the Content you may have submitted to the App upon prior notice and upon giving reasonable time for the App to process your request. Any Content you have submitted during registration must be complete and accurate as far as your knowledge is concerned. You shall see to it that the password you provided shall remain to be confidential and you shall take full responsibility for any activity in Your Account. You have the responsibility to immediately inform the App should you have knowledge of unauthorized access in your Account. In turn, the App shall assist You upon validation of your identity as You.
All Content You provided is Yours including its copyright, hence, you have the sole responsibility for what You post in the page provided by the App. All Content provided by the App remain to be under its ownership regardless if such Content is displayed in Your Account.
However, you agree that the App may share all Contents to a Third Party for the purpose of improving the Services, including but not limited to advertising, marketing or announcements.
Upon signing up with the App, You acknolwedge that you have read and understood its Privacy Policy found here
, and that You agree to such policy.You shall hold The App and all its officers and employees harmless, and shall indemnify or defend them in suit on account of You, violating any penal law, or, having caused damage to person or persons by reason of the Content you provided to the Server. You shall have the sole responsibility in observing the laws, ordinance or regulations issued by the government in using the Service. In case the App is forced to defend its person or any of its officer or employee in the courts of law or any tribunal or quasi-judicial body of the government by reason of Your deliberate act or due to Your negligence in using the Service, which may have caused damage to other persons, You shall indemnify or reimburse the App for all the cost of maintaining such suit, including attorney's fees.
The App does not warrant the merchantability of the Service including its Uptime. Any damage you may have sustained in using the Service shall be for Your sole account.
All rights are reserved by the App, and the word "Don Carmelo's Smoke & Steak House" and its logo and all its product derivative indicative of such, in hard or soft copies, when used in relation to the Service are exlcusively owned by the App, including all computer applications that run the Service regardless if such application resides in your computer or smartphones and other gadgets or in the Server. You agree that you will not (1) sublicense, distribute, or use the Service outside of what was agreed upon; (2) make a copy, render modifications or other derivative activities or reverse engineer the Service or otherwise attempt to retrieve any source code of the Service; (3) rent, lease, sell, assign or otherwise transfer rights of the Service to other persons; (4) employ or introduce any device, contraption or software which interferes or attempts to interfere with the processes of the Service; (5) use the trademarks, trade names, service marks, logos, domain names and other particular brand features or any copyright or other proprietary rights of the App for any purpose without the express written consent of the App; (6) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights of the App; (7) deface, change or adulterate any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
Either party may terminate this Agreement at any time upon reasonable notice. In such case the App will stop providing you with the Service and You will cease using the same unless there is a new agreement between the parties. In the event of any termination by Your instance, (1) The payment You may have tendered shall be be forfeited in favor of the App; (2) any outstanding balance for Service rendered through the date of termination will become due and must be paid immediately without need of a demand, written or otherwise; and (3) All Content you provided shall be disposed of under the App's Privacy Policy.
The App may, from time to time, alter or amend or introduce additional terms, whether by its instance or as required by law, for your continued use of the Service. In such cases, You will be notified of such and it is your responsibility to check the Terms and Conditions regularly. Your continued use of the Service without expressing your disagreement to the amendments, for a period of 7 days, shall be tantamount to your agreement to the amendments or alteration.
This agreement shall be binding upon the parties' heirs, assigns or successors interest. In the event that any provision of this agreement is declared as void by a court of competent jurisdiction, in a final judgment, then the provisions not affected by such judgment, shall remain to be in force and effect. Any dispute arising from this agreement shall be brought exclusively in the proper courts of General Santos City, Philippines, to the exclusion of all other venues.