Welcome to Miraceti Guides! Before using our Service, please read these Terms and Conditions carefully as they govern your use of the Service and create a legally binding agreement between you and Miraceti Guides LLC. By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Service.
To ensure clarity and understanding of these Terms and Conditions, capitalized terms used in this document are defined below:
Affiliate
refers to any entity that is controlled by, controls, or is under common control with a party, where "control" means owning 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Country
refers to the Philippines.
Company
(also referred to as "the Company," "We," "Us," or "Our" in this Agreement) refers to Miraceti Guides LLC, a company with a registered address at 23 Early Bird Street, Moonwalk Village, Talon V, Las Piñas City, PH, 1747.
Device
means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service
refers to the Website.
Terms and Conditions
(also referred to as "Terms") means these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
Third-party Social Media Service
means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website
refers to Miraceti Guides accessible from https://www.miracetiguide.com/home
You
pertains to the individual accessing or using the Service, or the company or other legal entity on behalf of which such an individual is accessing or using the Service, as applicable.
These Terms and Conditions represent the legally binding agreement between you and the Company governing your use of the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access or use the Service.
To access and use the Service, you represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
In addition to these Terms and Conditions, your access to and use of the Service is also subject to the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Application or the Website and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that the Company shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We reserve the right to terminate or suspend Your access to the Service, at any time and without prior notice, for any reason, including but not limited to Your breach of these Terms and Conditions. Upon termination, Your right to access and use the Service will immediately cease.
We and our suppliers shall not be liable for any damages You may incur, and our entire liability and Your exclusive remedy for any claims arising from these Terms shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, under no circumstances shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if we or our suppliers have been advised of the possibility of such damages.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then our and our suppliers' total liability shall be limited to the greatest extent permitted by law in the applicable jurisdiction.
Please note that some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to You. In such cases, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE," and with all faults and defects, without warranty of any kind, whether express, implied, statutory, or otherwise. The Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
The Company does not warrant that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free. The Company also does not warrant or make any representation of any kind that the information, content, and materials or products included in the Service are accurate, reliable, or current.
Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied, as to the operation or availability of the Service, or the accuracy, reliability, or currency of any information or content provided through the Service. The Company also does not warrant that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation or exclusion of liability for certain damages, so the above exclusions and limitations may not apply to You. However, to the extent permitted by applicable law, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
By using the Service, You acknowledge and agree that the Company does not provide any warranties regarding the Service, and that Your use of the Service is at Your own risk.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have a concern or dispute about the Service, you agree to first try to resolve the issue informally by contacting the Company.
If you are a consumer residing in the European Union, you have certain legal rights under the laws of your country of residence. Nothing in these terms and conditions shall limit or exclude any of these rights.
By accessing or using our Service, you represent and warrant that you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country. Additionally, you represent and warrant that you are not listed on any United States government list of prohibited or restricted parties. You agree to comply with all applicable United States federal, state, and local laws and regulations when using our Service.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This means that if any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will still apply, and we will work to modify the unenforceable provision to the maximum extent possible to achieve its intended purpose.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. This means that if we fail to enforce any provision of these Terms or fail to require you to comply with any obligation, it does not mean that we are waiving our right to enforce that provision or require your compliance in the future.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You acknowledge and agree that any translation of these Terms and Conditions is provided solely for your convenience and that the English version of these Terms and Conditions will govern your relationship with us. In the event of any conflict between the English version of these Terms and Conditions and a translation, the English version will prevail.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If we make any material changes to these Terms, we will provide you with reasonable notice prior to the changes taking effect, which will be at least 30 days. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after the revised Terms become effective, You agree to be bound by the updated terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.
We want to ensure that you have a smooth and satisfactory experience while using our Service. If you have any questions, feedback, or complaints regarding these Terms and Conditions, please do not hesitate to contact us:
Visit our website at https://www.miracetiguide.com/contactus and fill out the contact form provided.
Our team is available 24/7 to assist you and provide prompt solutions to any issues you may encounter. We value your feedback and strive to improve our Service based on your suggestions.