TERMS AND CONDITIONS
Last updated: September 23, 2024
OVERVIEW
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and One Clever Squad Media, Inc. (“we,” “us” or “our”), concerning your access to and use of the www.heremnl.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site uses a Third-Party payment gateway as part of our general services (referred as “Services”) to process easy payment transactions for our registrants.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue your use and access immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Site.
All users who are minors in the jurisdiction in which they reside (generally under the age of 13) must have the permission of, and be directly supervised by their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Philippines, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
REGISTRATION TRANSPARENCY
By using the Site, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You understand and agree that Organizer may charge you with a registration fee in compliance with your participation in an event or donation to a charity, in which you are willing to pay. Included in the listed registration fee is a convenience fee and service tax charged to you by HereMNL for using the Services.
HereMNL uses a third-party payment gateway. You agree to pay the total amount of Services you subscribed to or buy into. You also understand and agree that before payment checkout, we will collect all necessary information that we need to process your transaction including your personal information, bank details, and other form of payment channels that you will use to complete the transaction. Your individual or group payment includes necessary registration fee, processing fee, and service tax associated with your participation to our event and for using our Services.
Withholding Taxes. HereMNL may withhold from any amount payable under this payment transaction the local taxes as may be required to be withheld pursuant to any applicable Philippine law or regulation, especially when a registrant or a group of registrants require a receipt of payment.
Indirect Tax. The total amount due to registrant from any transaction made using our Services is exclusive of indirect taxes (VAT or Sales Tax). In such business transaction, registrant/s will be required to pay any amount of Indirect Tax at the applicable rate in addition to the payment made online before the issuance of any acceptable receipt from One Clever Squad Media Inc. (mother company of HereMNL).
REFUNDS
In the case of Force Majeure (as defined below), and because the Organizer sees it fit to move the event to a later date, registration fees already captured by the system are no longer refundable. Registrants will abide by the new event schedule should the event date change. It is the Organizer’s sole discretion to execute such contingency and postponement. However, we will coordinate with paid registrants through email or SMS for such changes.
Should a participant arrive after the category gun time from which he/she belongs, he/she will no longer be allowed to participate in the fun run and his/her registration fee will be forfeited. However, the participant will still receive his/her medal, Finisher shirt, loot bag, and e-certificate. Nonetheless, he/she would still be allowed to participate in all activities post-run.
You hereby acknowledge and agree that all issues related to changes in the event schedule and refunds, as mentioned in this clause are clear and you will not, in any instance, file a dispute against the Organizer. Any related issues shall be communicated to us and we will attend to them the best way we can.
If the Fun Run will no longer push through, necessary refunds will be given to paid registrants less of all charges incurred during the payment processing, and the schedule of refunds and resolution shall be determined at the sole discretion of the Organizer.
FORCE MAJEURE
HereMNL shall not be liable for any failure or delay that might happen during the day of the event, caused by in whole or in part to any cause beyond our control, including the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, installations, activations, power failure, strikes or other labor disturbances, floods, typhoons, fire and other acts of God, acts of war or terror and sabotage, and natural disasters.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENTS
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as MREC advertisements or banner or any other forms of advertising executions on the Site. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We are not responsible for how our users interact with your advertisements and how they will consume your content.
We don’t endorse their products. We will only provide the space to place such advertisements and content. We don’t have any relationship with our advertisers other than a business partnership.
BENEFICIARY
It is within our sole discretion to choose which organization needs help and will receive our calculated donations raised from any staged event for a cause.
Nevertheless, we do not limit anyone who wants to donate to our chosen beneficiary, but we don’t suggest or imply the amount our donors should provide to our beneficiary. All donations should stem from the donor’s discretion.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.
If you access the Site from other countries, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Philippines, then through your continued use of the Site, you expressly consent to have your data transferred to and processed in the Philippines.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Philippine law, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and certifiable parental consent, we will delete that information from the Site as soon as possible.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO, AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation to pursuing civil, criminal, and injunctive compensation.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AS APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR COMPANY, DIRECTORS, EMPLOYEES, CONTRIBUTORS, FREELANCERS, EVENTS TEAM, SUPPLIERS, TALENTS, SPONSORS, ADVERTISERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, incorporators, stakeholders, officers, suppliers, agents, partners, advertisers, sponsors, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your Contributions; (2) Use of the Site; (3) Breach of these Terms and Conditions; (4) Any breach of your representations and warranties set forth in these Terms and Conditions; (5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) Any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS
Visiting the Site, sending us emails, and completing online forms and payment system constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
AS A WAIVER, YOU UNDERSTAND THAT PARTICIPATION IN THE FUN RUN OR RACE IS POTENTIALLY DANGEROUS. YOU ARE NOT ALLOWED TO REGISTER AND PARTICIPATE UNLESS YOU ARE PHYSICALLY ABLE AND PROPERLY TRAINED AND YOU DON’T HAVE ANY MEDICAL CONDITIONS THAT MIGHT TRIGERRED BY THIS STRENUOUS ACTIVITY THAT WILL RESULT TO ANY KIND OF POTENTIAL INJURIES OR ILLNESSES, OR ANYTHING THAT IS DETRIMENTAL TO YOUR HEALTH CONDITIONS. YOU ALSO UNDERSTAND THAT EVENTS LIKE THIS IS HELD OUTDOOR OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOUR PARTICIPATION IN THIS EVENT EXPOSES YOU TO INTEGRAL RISKS THAT CAN RESULT TO EITHER MINOR OR DISASTROUS INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF YOUR PARTICIPATION TO THIS EVENT, YOU AND ANY REGISTERED PARTY, YOUR HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE ORGANIZER AND THE COMPANY INCLUDING ITS DIRECTORS, INCORPORATORS, STAKEHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, EVENTS TEAM, ADVERTISERS, SPONSORS FROM ALL LIABILITIES AND FROM ANY CLAIMS ARISING FROM YOUR PARTICIPATION IN THE EVENT OR BY ANY REGISTERED PARTY.
SICKNESS, SAFETY, AND SECURITY
As a responsible individual, you will restrict yourself from joining the Event if you are suffering from any symptoms of any illness or any kind of sickness that is contagious and infectious, such as the COVID-19 virus and MPOX (Monkeypox) virus. HereMNL is not responsible for your contagion or the spread of the respective viruses. You bind yourself with the responsibility of the prevention of these viruses before joining and participating in our Event.
The Organizer is also not responsible for any kinds of sickness and illness that the participant is suffering from or might suffer from prior to, during, and after the Event.
While participating in an Event, you should be mindful, self-aware, and cautious of your surroundings. You will agree to follow all pedestrian safety laws, rules and regulations. Any violation of such laws, rules and regulations is subject to penalty or criminal sanctions. In the entire course of the run, please refrain from taking photos or selfies or videos to avoid any kinds of accidents while running.
The Organizer shall not be responsible for any traffic accident, incident or damage you or any third party may suffer resulting from a violation or a failure to follow any safety and traffic laws, rules or regulation or anything that resulted from your negligence or unruly behavior. You shall be responsible for any expense, costs, and damages arising from such accident or incident.
CONTACT US
In order to resolve a complaint regarding the Site or concerns on the terms and conditions, or to receive further information regarding use of the Site, please contact us at:
One Clever Squad Media, Inc.
41 Sta. Maria St., Brgy. Kapitolyo, Pasig City, 1603, Philippines
Viber/Telegram: +63 918 9371650
Email: info@heremnl.com
41 Sta Maria St., Brgy. Kapitolyo, Pasig City
Viber/Telegram
info@heremnl.com
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