Terms Of Use for Customers

The Terms of Use Agreement is a legally binding agreement made between you, whether personally or on behalf of an entity ("user","your or "you") and W2E Mktg. Co. ("we", "our", "ours" or "us") which operates its website and mobile site, located at wheretoeat-philippines.com, ( the "Site"). Please read the following Terms of Use carefully before using Wheretoeat-philippines.com or any of the Sites.

For information on advertising or promoting your restaurant or catering service through this Site, get in touch through [email protected] or use our contact form.

Applicability & Acceptance of These Terms of use

By registering and creating an account with wheretoeat-philippines.com as well as continued use of the Site, you accept and agree to the terms of use without limitation or qualification. You also affirm that (1) all information you provide and submit are truthful and accurate (2) you will update information as necessary to maintain accuracy of the information; (3) you are not under 13 years of age and if you are below 18, you must have permission from and supervision of parent or guardian to use the Site; (4) your use of this Site does not violate any applicable Philippine or local laws. (5) you will keep your account password secure and confidential and shall be solely responsible for the use of your password and account and for any other actions taken in connection with the account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof).

We reserve the right to modify these Terms of use at any time without prior notice. You agree that each visit you make to the Site and the websites contained therein shall be subject to the Prevailing Terms of use, and continued use of the Sites now or following modifications in these Terms of use confirms that you have read, accepted, and agreed to be bound by such modifications.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

We have created the Site as an online central or hub and merchant of food ordering online for delivery, take out, reservations and gift ideas, and our scope of responsibility is limited to making these services available to you, getting your orders through this website, and making sure your order gets to the respective restaurant or caterer. We provide site users the ability to search for and find local Restaurants and we do not sell nor control the production of the food / products ordered through the Site. We do not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products and you as buyers must discern, through the information provided by the food establishment on their website as to the quality and reliability of the latter's food products and services, including but not limited to special standards such as allergen-specific standards (e.g. "lactose-free"), and any issue or problem arising from consumption of such food products or the delivery of the restaurant's or caterer's services shall be the sole responsibility of the restaurant or caterer. Also, it is the ordering customer's responsibility in providing accurate delivery address and the food establishments to verify the same, and we shall have no liability nor responsibility for any erroneous address or information.

The contents of this Site, whether in its entirety or in part and including software, content material, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us, nor is any website allowed to link with wheretoeat-philippines.com without our prior consent.

You agree that your use of the Sites and/or services on the Site is subject to all applicable Philippine and local laws and regulations. You also agree:

-not to use the Site to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
-not to access the Site or services using a third-party's account/registration without the express consent of the account holder;
-not to use the Site for illegal purposes;
-not to use the Site to engage in commercial activities apart from sanctioned use of wheretoeat-philippines.com services;
-not to attempt to gain unauthorized access to other computer systems from or through the Site;
-not to interfere with another person's use and enjoyment of the Sites or another entity's use an enjoyment of the Site;
-not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
-not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners);
-not to hold us responsible for any unforeseen damage to your computer resulting from accessing the Site or the third party websites through us.

Harm from Commercial use. You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Where To Eat-Phils will be entitled to temporary and permanent injunctive relief to prohibit such use.

Site Content

Some of the services offered on the Site and the sites of the member restaurant/caterers allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, restaurant reviews and blog entries, to the Site (collectively, "Submissions"). subject to the following guidelines:

-You warrant that your review is your firsthand experience:
-No offensive abusive language nor malicious intent and must be constructive in nature.
-No discrimination based on the grounds of race, religion, gender, national origin, age, marital status, sexual orientation or disability will not be tolerated.
-Does not constitute, nor incite illegal activity;
-Competing restaurants are not allowed to post negative reviews. Violation of this policy will result in permanent removal from our site without a refund.
-Allegations of health code violations are not acceptable.
-Does not infringe any copyright, trademark, patent, trade secret, or other intellectual property right;
-Must not contain viruses or other harmful, disruptive or destructive files;
-Must be appropriate for the general public of all ages to view;

You grant us, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to the Site in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to include the Submissions you provide in a searchable format that may be accessed by users of the Site.

You also grant us and its and related entities the right to use any personally identifiable information included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant us the right to use the Submission and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Submission or communication you send to this Site for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Site, without compensation of any sort to you.

Disclaimer of Responsibility for Material. Submissions are not endorsed by this Site, and do not represent our views or its parents, subsidiaries and affiliates, agents, officers or directors. ` In addition, we do not represent or warrant that any other content or information accessible via the Sites is accurate, complete, or current, including the menus, pricing or parking accessibility available from its partner restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. We assume no responsibility or liability for any errors or omissions in the content of the Site. We do not charge you for using its services and does not add any additional charges (other than sales taxes and delivery) to the menu items it receives from its participating restaurants, Where To Eat-Philippines offers some restaurant menus via other services. The price shown on the menu may include a markup by those services.

Review & Removal of Material. We reserve the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions that we believe, in its absolute and sole discretion, violates any of the guidelines for Site content as described above. You may contact us at [email protected]. If you believe in good faith that Submissions posted by the Sites infringe your copyright, you (or your agent) may send us a notice requesting that the Submission(s) be removed from the Site(s), or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the Submission(s) Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you are allowed by law to send us a counter-notice. Notices and counter-notices with respect to the Sites should be sent to [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the Digital Millennium Copyright Act. We reserve the right to terminate the account of any user who is a copyright infringer.

Proprietary Rights. You acknowledge and agree that the Site contain proprietary information and Content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of use without advance, written permission from us. All our Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Sites are copyright of wheretoeat-philippines.com, all rights reserved.

Termination and Modifications to the Sites

We reserve the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Site's features, look and feel, and functional elements and related services.

Indemnity

You agree to indemnify and hold us, our subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Site, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of use, and any other acts or omissions relating to the Sites.

Links

The Site may offer links to other websites. Some of these websites may be affiliated with our Site while others are not. We are not responsible for the contents of any website pages created and maintained by organizations independent of this Site. Visiting any such third-party website pages is at your own risk. We have no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by us. By using the Site you acknowledge that Where To Eat Phils is responsible neither for the availability of, nor the content located on or through any third-party website pages.

Trademarks

Where To Eat-Philippines and wheretoeat-philippines.com are registered trademarks of W2E Mktg Co. Such trademarks and other marks, logos, and names of wheretoeat-philippines.com, used on or in connection with the Site may not be used in connection with any product or service that is not under our ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Site. All other trademarks not owned by us (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or Site's affiliates.

Jurisdiction, Applicable Law, and Limitations

You agree that these Terms of use will be governed by and construed in accordance with the laws of the Philippines; we make no claims or assurances that the Sites are appropriate or may be downloaded outside of the Philippines. You agree that all legal proceedings arising out of or in connection with these Terms of use, or services available on or through the Sites must be filed in appropriate Philippine court, within one month of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Privacy Agreement

We collect certain information through its website and mobile site, located at www.wheretoeat-philippines.com, ((collectively, "Site"). Your privacy is important to usand this Privacy Policy lays out our policies and procedures surrounding the collection and handling of such information. This Privacy Policy applies only to the Sites. It does not apply to any restaurant sites, other third party services linked to this Site or offline activities related to our services.

Information We Collect

We may collect the following information from users of our Site: first name, last name, street address, city, state, zip code, cross streets, phone number, e-mail address, Site-specific display name, GPS location (mobile site).In addition, we may collect information regarding Site's account holders' past wheretoeat-philippines.com's orders, favorite restaurants, customer service inquiries, service/restaurant reviews and certain social networking preferences (e.g. pages you "Like" or "Share").

We may collect additional information in connection with blog submissions/reviews including professional title, business/personal website, social networking handle/username and the author's photograph.

Our use Of Collected Information

We use this collected information to offer users additional services, promotions and special offers and to charge for purchases made through wheretoeat-philippines.com users may opt to allow us to store certain information used to create users' Site accounts, customize future order processing for you. You may request that we cease storing certain PII at any time, but you might not be able to take advantage of certain customized features. users may affirmatively opt-out of receiving promotional communications from the Site Phils by visiting wheretoeat-philippines.com and providing us with their e-mail address via the opt-out link. We may also use this information to enforce the Site's terms of use and service.

We employ all efforts to protect confidentiality of information shared in the registration process and does not keep credit card information nor sell the information it collects to third parties. We share users' Site order content, special order instructions, first and last name, street address, telephone number and email address with restaurants where users' orders are placed to the extent necessary to process those orders. We may also disclose personal information to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of wheretoeat-philippines.com's terms of use and service or other alleged contract violations, infringement or similar harm to persons or property.

User-generated content posted through the Sites such as service/restaurant reviews and certain social networking preferences (e.g. pages you "Like" or "Share") may be viewed by the general public. Accordingly, we cannot ensure the privacy of any information included in such user generated content.

Our Protection of Your Shared information

We use reasonable security measures equal to or exceeding industry standard to protect personal information from unauthorized access, destruction, use, modification and disclosure. Unfortunately, even with these measures, we cannot guarantee the security particularly but not limited to, sharing reviews and "Like" via social networking preferences. By using the Site, you acknowledge and agree that we make no such guarantee, and that you use the Site at your own risk.

Accessing and Correcting your personal information

Registered wheretoeat-philippines.com account holders can access and change their own personal info using the "Edit" function on the wheretoeat-philippines.com website. If you have questions regarding this Site's use or collection of your information, please contact us through [email protected]

Privacy Policy Amendments

We may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the posting date, which will be listed at the top of the page as the effective date.

Site Advertising Agreement

I agree that wheretoeat-philippines.com shall act as my agent in marketing and advertising my restaurant/catering service. The scope of responsibility of W2Eat Mktg Co. is to ensure communicating the food order from the Site to the restaurant/caterers and holds W2Eat Mktg Co. free of any liability, damage caused by the serving of any consumable orders made through the Site. Nor shall we be responsible for liability nor damage caused by problems or incidents arising from delivery of service.

Until further written notice, the undersigned hereby provides its unlimited consent, authorization, and assignment to wheretoeat-philippines.com all rights and privileges necessary or useful to manage all information, including but not limited to menus, pertaining to and describing my restaurant in my name, place, and stead on all 3rd party websites and online data services.

This agreement shall be governed by and interpreted in accordance with the laws of the Philippines without regard to principles of conflicts of laws. Where applicable, you may sign the Agreement electronically, by selecting the "I Accept" button. In selecting the "I Accept Button", the electronic signature ("E-Signature") is the legal equivalent of your manual signature on this Advertising Agreement. You agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such will not in any way affect the enforceability of your E-Signature or any resulting contract between you and wheretoeat-philippines.com. You also represent that you are authorized to enter into this Advertising Agreement.

The terms and conditions are subject to change by us upon 30 days advance notice. After notice and the expiration of 30 days, I acknowledge that continuing participation and receipt of orders shall bind my restaurant to any new terms and conditions.