TERMS & CONDITIONS
IMPORTANT: ALL USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“Diamond Hotel Philippines”) have provided. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site and do not complete any of the transactions herein provided.
Diamond Hotel Philippines reserves the right to make any changes to our Terms of Use &/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time and prior to making any purchase in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
I. TERMS OF USE
1. Definitions
"Diamond Hotel Philippines" provides an interactive online promotional service operated by Diamond Hotel Philippines on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities provided by Diamond Hotel Philippines, affiliates of Diamond Hotel Philippines and other possible third parties.
2. General
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Diamond Hotel Philippines, and Diamond Hotel Philippines shall not be responsible for any data lost while transmitting information on the Internet. While it is Diamond Hotel Philippines objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Diamond Hotel Philippines, access to the Site may be interrupted, suspended or terminated from time to time.
Diamond Hotel Philippines shall have the right at any time to change or discontinue any aspect or feature of this website including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Diamond Hotel Philippines may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
Diamond Hotel Philippines reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time and prior to making any purchase in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Diamond Hotel Philippines’ posting thereof. Any use of Diamond Hotel Philippines by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
4. Equipment
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Diamond Hotel Philippines shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
5. End User Conduct
This Site and any individual sites or merchant-specific, city-specific, state-specific sites, or any other online areas owned or eventually operated by Diamond Hotel Philippines, such as Facebook and mobile phone applications now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Diamond Hotel Philippines’ express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Diamond Hotel Philippines’ exclusive determination restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Diamond Hotel Philippines, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DIAMOND HOTEL PHILIPPINES, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of this Site are protected by copyright as a collective work under the Philippines copyright laws. Diamond Hotel Philippines and its merchant partners own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User 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. End User may download / print / save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Diamond Hotel Philippines and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Diamond Hotel Philippines shall not be deemed to be in the public domain but rather the exclusive property of Diamond Hotel Philippines or its merchant partners, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Diamond Hotel Philippines, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Diamond Hotel Philippines does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted THE End User and/or Diamond Hotel Philippines the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (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. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants Diamond Hotel Philippines the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of Diamond Hotel Philippines, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER DIAMOND HOTEL PHILIPPINES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
END USER SPECIFICALLY ACKNOWLEDGES THAT DIAMOND HOTEL PHILIPPINES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES.
IN NO EVENT SHALL DIAMOND HOTEL PHILIPPINES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, SUCH AS BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE.
END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DIAMOND HOTEL PHILIPPINES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, SUCH AS BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
DIAMOND HOTEL PHILIPPINES IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE MAY BE TAKEN DOWN BY DIAMOND HOTEL PHILIPPINES. MOREOVER, DIAMOND HOTEL PHILIPPINES RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, DIAMOND HOTEL PHILIPPINES, DEEMS UNSUITABLE.
8. Monitoring
Diamond Hotel Philippines shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Diamond Hotel Philippines, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Diamond Hotel Philippines shall have the right to remove any material that Diamond Hotel Philippines, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Diamond Hotel Philippines does not control or endorse the content, messages or information found in any Community, and, therefore, Diamond Hotel Philippines specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts on the Communities (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Diamond Hotel Philippines as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Diamond Hotel Philippines the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Diamond Hotel Philippines Privacy Policy.
10. License Grant
By posting communications on or through this Site, End User shall be deemed to have granted to Diamond Hotel Philippines a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
11. Indemnification
End User agrees to defend, indemnify and hold harmless Diamond Hotel Philippines, its affiliates and their respective directors, officers, employees and agents from and against all third party claims including attorneys’ fees, arising out of the use of this Site and/or the Microsites by End User.
12. Termination
Diamond Hotel Philippines may terminate this Agreement at any time without prejudice to the satisfaction of obligations already contracted Without limiting the foregoing, Diamond Hotel Philippines shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Diamond Hotel Philippines, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of will survive termination of this Agreement.
13. Trademarks
Diamond Hotel Philippines is a trademark of Diamond Hotel Philippines. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Diamond Hotel Philippines are the property of their respective owners.
14. Third Party Content
Diamond Hotel Philippines, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Diamond Hotel Philippines has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Diamond Hotel Philippines. Neither Diamond Hotel Philippines nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Diamond Hotel Philippines. Diamond Hotel Philippines neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than authorized Diamond Hotel Philippines employee spokespersons while acting in official capacities. Under no circumstances will Diamond Hotel Philippines be liable for any loss or damage caused by an end user’s reliance on third-party information obtained through Diamond Hotel Philippines. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Diamond Hotel Philippines.
Diamond Hotel Philippines contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Diamond Hotel Philippines of the contents on such third-party sites and Diamond Hotel Philippines hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Diamond Hotel Philippines expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Diamond Hotel Philippines reserves the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous
With the exception of terms and conditions specific to each transaction which shall take precedence over the terms and conditions inconsistent hereto , This Agreement and any operating rules established by Diamond Hotel Philippines constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
Diamond Hotel Philippines headquarters are in Manila, Philippines. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of Philippines. By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled in Manila City.
II. TERMS OF SALE
By placing an Order, User makes an offer to Diamond Hotel Philippines to purchase the products or services you have selected subject to the terms and conditions stated below. For more information, please view our privacy policy.
User is required to create an account in order to purchase any product. This is required so Diamond Hotel Philippines can provide User with easy access to print orders, view past purchases, modify preferences, and to ensure permissible use of the product.
Diamond Hotel Philippines shall issue to the buyer a Purchase Confirmation Receipt as evidence of the purchase of the goods and/ or services. The Purchase Confirmation Receipt must be presented upon redemption. The hotel is required to cross reference the name of the person redeeming the good/s and/or service/s from a list of buyers and gift recipients. The limited promo for the goods and/or services can only be redeemed by the person who actually purchased the voucher, or by the person indicated as the gift recipient by the actual buyer.
Redemption by any other person will not be allowed. Diamond Hotel Philippines will resort to the appropriate legal remedies against persons fraudulently purporting to be the buyer or gift recipient. If the purchase goods and/or services will be redeemed by a person who is not named in the Purchase Confirmation Receipt, the said person must first present an authorization letter signed by the person named in the said Purchase Confirmation Receipt (i. e. buyer or gift recipient) and the said person’s current government-issued identification card with integrated photo and signature.
1. Terms and Conditions for Restaurant-Specific Transaction
Redemption frequency shall be contained in the listing and Purchase Confirmation Receipt issued by Diamond Hotel Philippines.
The purchase of Restaurant-Specific goods and/or services may not be combined with other discounts, offers, coupons, or promotions.
Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
Valid for dine in only unless otherwise stated.
Any attempted redemption not consistent with these terms and conditions will render the Restaurant-Specific Transaction void to the extent allowed by law.
The Diamond Hotel Philippines promo (including, but not limited to, any discounts) expires on the date specified on the listing and Purchase Confirmation Receipt.
If the current value of the goods and/or services at the time of redemption is less than the purchase price, you will not be entitled to a credit, cash or additional goods and/or services equal to the difference between the purchase price and the current value of the good and/or services at the time of redemption, unless otherwise required by law.
2. Terms and Conditions for Non-Restaurant Transaction.
Limit one (1) voucher per redemption. Only one voucher can be used per order unless otherwise specified by Diamond Hotel Philippines.
Diamond Hotel Philippines is not responsible for lost or stolen voucher or voucher’s reference number.
The purchase of Non-Restaurant services cannot be combined with any other discounts, vouchers, third party certificates, coupons, or promotions.
Any attempted redemption not consistent with these terms and conditions will render the Non-Restaurant Transaction null and void to the extent allowed by law.
The Diamond Hotel Philippines promo (including, but not limited to, any discounts) expires on the date specified on the listing and Purchase Confirmation Receipt.
If the current value of the goods and/or services at the time of redemption is less than the purchase price, you will not be entitled to a credit, cash or additional good and/or services equal to the difference between the purchase price and the current value of the good and/or services at the time of redemption, unless otherwise required by law.
3. Terms and Conditions for Hotel Accommodation Transaction
Room availability is determined solely by Diamond Hotel Philippines, and shall be contained in the listing and the Purchase Confirmation Receipt.
Unless otherwise provided, the accommodations indicated are for one (1) person per twin sharing room.
Hotel will require guarantee deposit upon check-in. Incidental charges are on the User’s account.
Hotel Accommodation Transactions may not be combined with any other discounts, vouchers, coupons, or promotions.
Any attempted redemption not consistent with these terms & conditions will render the Hotel Accommodation Transaction void.
The Diamond Hotel Philippines promo (including, but not limited to, any discounts) expires on the date specified on the listing and Purchase Confirmation Receipt.
If the current value of the goods and/or services at the time of redemption is less than the purchase price, you will not be entitled to a credit, cash or additional good and/or services equal to the difference between the purchase price and the current value of the good and/or services at the time of redemption, unless otherwise required by law.
4. Additional Terms and Conditions for All Sales Done through Diamond Hotel Philippines Website
Once the End User finalizes the purchase process by checking out, the sale is considered perfected. End Users are responsible for understanding the Terms and Conditions of Use of Diamond Hotel Philippines.
In special cases when a return and/or refunds is demandable, Diamond Hotel Philippines shall have discretion on whether to award a refund, Hotel credit or replace the goods and/or services.
5. Pick-up
Purchased goods such as food items may only be picked up from:
Diamond Hotel Philippines at Roxas Boulevard cor. Dr. J. Quintos St., Manila,
Purchased goods/services must be claimed within the period stated in the listing where the purchased goods/services is featured, otherwise, the same will be forfeited.