These Terms of Service (“Terms”) govern your use of the Ponswim website and mobile application (collectively referred to as the “Platform”) provided by Ponswim (“we,” “us,” or “our”).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the Platform.
- Use of the Platform
1.1. Eligibility: You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are of legal age and have the legal capacity to enter into these Terms.
1.2. Account Registration: You may need to create an account to access certain features of the Platform. You are responsible for providing accurate and current information during the registration process and maintaining the confidentiality of your account credentials.
1.3. User Conduct: You agree to use the Platform in compliance with applicable laws, regulations, and these Terms. You shall not engage in any activity that interferes with the proper functioning of the Platform or infringes upon the rights of others.
- Booking and Payments
2.1. Property Listings: The Platform allows property owners or managers (“Hosts”) to list events places, private pools, and resorts (“Listings”). Hosts are responsible for the accuracy, completeness, and legality of their Listings.
2.2. Booking Process: By making a booking through the Platform, you agree to comply with any specific terms and conditions set by the Host. The booking confirmation constitutes a contract between you and the Host.
2.3. Payment: You authorize us to collect payment for bookings made through the Platform. Payment terms, including cancellation and refund policies, are determined by the Host and may vary.
2.4. Taxes and Fees: You are responsible for any applicable taxes and fees associated with your bookings. The total price displayed on the Platform may not include such taxes and fees.
- Content and Intellectual Property
3.1. User Content: By submitting or posting any content on the Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, distribute, and display such content for the purposes of operating the Platform.
3.2. Intellectual Property: All intellectual property rights in the Platform (including text, graphics, logos, and software) are owned by or licensed to us. You agree not to use, copy, modify, or distribute any content from the Platform without our prior written consent.
- Limitation of Liability
4.1. We act as an intermediary and do not endorse or guarantee the quality, safety, or legality of the Listings or Host services. We shall not be liable for any damages or losses arising out of your interactions with Hosts or use of their services.
4.2. In no event shall we be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to, loss of profits, data, or goodwill, arising out of or in connection with the use or inability to use the Platform.
- Indemnification
5.1. You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses arising out of your use of the Platform, violation of these Terms, or infringement of any rights of third parties.
- Termination
6.1. We reserve the right to suspend or terminate your access to the Platform at any time and for any reason without prior notice.
- Governing Law and Dispute Resolution
7.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts of the Republic of the Philippines.
- Severability
8.1. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.
- Changes to the Terms
9.1. We may update these Terms from time to time without prior notice. Any changes will be effective upon posting the revised Terms on the Platform. Your continued use of the Platform after the changes indicates your acceptance of the updated Terms.