Terms of Service
The following terms, conditions and policies govern your use of www.redtag.ph. By using the services of www.redtag.ph, you confirm that you have read, understood and accepted these terms, conditions and policies. Changes to these terms, conditions and policies shall be posted on www.redtag.ph, and such amendments shall become immediately effective.
This user Agreement ("Agreement") shall constitute a legal Agreement between you, the individual user of www.redtag.ph ("user") and Hand.Interactive, Inc., a Philippine corporation, the owner and operator of www.redtag.ph ("redtag.ph" or the "website") governing your rights and obligations arising out of or relating to your use of the website and the services therein. Any reference made in this Agreement to redtag.ph or Hand.Interactive, Inc. shall be deemed to include, its subsidiaries, successors, assignees, affiliates and any company that controls Hand.Interactive, Inc., directly or indirectly, and any other subsidiary of such controlling company.
ACCEPTANCE OF TERMS, CONDITIONS AND POLICIES
Your access to or use of redtag.ph and its services shall be deemed your acceptance of all the terms, conditions, and policies embodied in this Agreement. Please refrain from accessing or using the website and its services if you do not fully agree with all the terms, conditions and policies of this Agreement.
redtag.ph users must be individuals who are deemed capable of entering into binding contracts under Philippine law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. The services as offered on the website are not available to any user who was suspended or removed from the system by redtag.ph for any reason. If from the foregoing you do not qualify, you may not use the website.
redtag.ph as a Venue Only
redtag.ph acts only as a venue whereby users may buy vouchers or coupons offered for sale by participating merchants which may be exchanged for products or services. Other than acting as the venue for a shared shopping community, redtag.ph has no participation whatsoever in the actual transaction between buyers and sellers. redtag.ph has no control over the quality, safety or legality of the vouchers or coupons as advertised, the truth or accuracy of the offers posted by the participating merchants, the ability of sellers to sell the vouchers or coupons or the ability of buyers to buy such vouchers or coupons. It cannot be assumed that the offer, sale, or purchase of any voucher or coupon is valid and legal simply because it is posted on the website. The completion of a transaction by a buyer or seller cannot and will not be guaranteed by redtag.ph.
Modification, Interruption and Termination of Service
redtag.ph shall have the right at any time, without prior notice, to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability and equipment needed for access or use. redtag.ph may also discontinue disseminating any portion of information or category of information, change or eliminate any transmission method and change transmission speeds or other signal characteristics.
It is redtag.ph's objective to make the website accessible twenty-four (24) hours per day, seven (7) days per week; however, the website may be unavailable from time to time for any reason including, without limitation, the conduct of routine maintenance. You understand and acknowledge that due to circumstances which may be within or outside of the control of redtag.ph, access to the website may be interrupted, suspended or terminated from time to time.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the website and all charges related thereto. redtag.ph shall not be liable for any damages to your equipment resulting from the use of the website.
Any and all of your activities in connection with the use of this website shall be limited to those pursuant to lawful purposes only.
Limited License and Restricted Activities
redtag.ph hereby grants you a limited license to access and make personal use of the website. Your information provided to redtag.ph and your activities on the website shall not:
- (a) be false, inaccurate, misleading, or impersonates others;
- (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- (e) contain pornography (defined as sexually explicit pictures, writing, or other material whose primary purpose is to cause sexual arousal),
- (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- (g) create liability for redtag.ph, or cause redtag.ph to lose (in whole or in part) the services of its ISPs or other suppliers.
Use of Content by the User
redtag.ph contains information provided and created by participating merchants, users, and other third parties. redtag.ph shall have no obligation to review any messages, information or content posted on the website by its users, participating merchants and third parties, and it assumes no responsibility or liability relating to any such postings. Nevertheless, redtag.ph may from time to time and at its sole discretion monitor the postings on the website to determine compliance with these terms, conditions and policies, and it may decline to accept and/or remove from the website any posting of any kind or form. Since redtag.ph does not control the messages, information or content provided by the users and participating merchants that are made available in the website, redtag.ph has no control over the accuracy of such. redtag.ph makes no guarantees, and it cannot be held responsible for any such messages, information or content, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
You may find such messages, information or content to be offensive, harmful, inaccurate, or deceptive, and they may include technical inaccuracies or typographical errors. Thus, please use caution, common sense, and practice safe trading when using the website.
Any references made in the website to any names, marks, products or services of participating merchants or hypertext links to the participating merchant sites or information do not and shall not constitute or imply redtag.ph's endorsement, sponsorship or recommendation of the participating merchant, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with this website, and/or the participating merchants' websites.
The website may contain links to external Internet sites as a convenience to users. This does not imply endorsement of such external sites by redtag.ph. No representation is made regarding the availability and performance of the website or any of the external websites to which redtag.ph provides links. Upon clicking on advertiser banners, sponsor links, or other external links from the website, you may automatically be directed to a new browser window that is not hosted or controlled by redtag.ph, the content, functionality, or technological safety of which are not controlled nor guaranteed by redtag.ph.
Although redtag.ph is under no obligation to do so, it reserves the right to disable links to or from third-party sites to the website. This right shall include links to or from participating merchants, advertisers, sponsors, and other third parties that may use redtag.ph's marks as part of a joint marketing activity.
USE OF INFORMATION PROVIDED BY USER
COPYRIGHT AND TRADEMARKS
The website and everything found on it, including any microsites, is the exclusive property of redtag.ph, Inc. or is duly licensed from the copyright and/or trademark owner. The copying, distributing, transmitting, posting, linking, or otherwise modifying the website or any of the microsites is strictly prohibited, except if prior written consent of redtag.ph is obtained. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement, and the user may be subject to civil and/or criminal penalties.
The entire contents of redtag.ph is protected by copyright as a collective work under Philippine copyright laws. redtag.ph owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may only download, print, or save copyrighted content only for your personal use. Except as otherwise expressly stated under copyright law, the copying, redistribution, retransmission, publication or commercial exploitation of downloaded content is prohibited, except with the express permission of redtag.ph and/or the copyright owner. If such copying, redistribution or publication of copyrighted content is permitted, the user may nonetheless make no changes in or deletion of author attribution, trademark legend or copyright notice. You acknowledge that you acquire no ownership rights whatsoever by downloading the copyrighted content.
You shall not upload, post or otherwise make available on the website any content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from the upload or posting of such content on the website. Upon submission of the content to any public area of the website, you warrant that the owner of such material has expressly granted you and/or redtag.ph a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit other users to access, view, store or reproduce the content for their personal use. You hereby grant redtag.ph the right to edit, copy, publish and distribute any content that you make available on the website.
INTELLECTUAL PROPERTY COMPLAINTS
redtag.ph may terminate this Agreement with any user who shall infringe third party copyright rights upon receipt of prompt written notification from the copyright owner or the copyright owner's legal agent. If you believe that a copyrighted work has been copied and posted on the website in a way that constitutes copyright infringement, please inform redtag.ph immediately by providing the following information: (a) an identification of the copyrighted work that you claim has been infringed and location thereof on the Site; (b) a written statement by you that you believe in good faith that the disputed use of the copyrighted work is not authorized by the owner, its agent, or the law; (c) your name and contact information, such as telephone number or email address; (d) statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf; and (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work. Any notice of claim of copyright infringement shall be sent to: 7/F Cybergate Tower 3, Robinsons Pioneer Complex, Pioneer St., Mandaluyong City 1550 Attention: Services Development and Marketing, Hand Interactive, Inc.
DISCLAIMER OF WARRANTY
The website, including the services, content and information therein are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted under law, redtag.ph disclaims any warranties regarding the security, reliability, timeliness, accuracy and performance of the website and its contents. redtag.ph does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.
redtag.ph disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the website. Where any jurisdictions limit or do not allow the disclaimer of implied or other warranties as set forth above, the disclaimer will not apply to the extent limited by the applicable law of such jurisdiction.
LIMITATION OF LIABILITY
redtag.ph shall in no event be liable to any user on account of such user's use, misuse or reliance on the website for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if redtag.ph is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the website, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any other website. No responsibility is assumed by redtag.ph for any legal liability or responsibility with regard to the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the website or other material accessible therefrom.
You, as the user of the website, assume all responsibility and risk for the use of the website and the internet in general.
The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
You agree to defend, indemnify and hold harmless redtag.ph, its directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys' fees, arising out of or related to:
- (a) Your use of and access to the Site;
- (b) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
- (c) Any claim that any content submitted by you causes damage to a third party; or
- (d) Your violation of this Agreement or any law, rule or regulation.
This defense and indemnification obligation will survive any termination of this Agreement.
TRANSACTIONS WITH THIRD PARTY SITES
To the extent permitted under applicable laws, you hereby release redtag.ph, its directors, officers, employees and agents from any and all claims or liability related to any product or service of a merchant or any other third party, any action or inaction by a merchant or any other third party, including a merchant's failure to comply with applicable law and/or failure to abide by the terms of a concluded business transaction, and any conduct or speech, whether online or offline, of any other user.