Important – please read these terms carefully. The Terms of Use of this Website stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and LA CANALLA TRAVEL AND TOURS (“SAKAY & Co.” or “Company”). In order to avail of SAKAY & Co.’s service, you must agree to the Terms of Use that are set out below. By also availing the service/s of the Company, you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at https://sakayanko.com/.

TERMS OF USE and PRIVACY POLICY

  1. General Services
  1. LA CANALLA TRAVEL AND TOURS (SAKAY & Co.) is duly registered and existing under the laws of the Republic of the Philippines.
  2. The company primarily provides custom motorcycle rental and tour within Siargao island (Surigao del Norte).
  3. The service of the Company is to provide you with a different way of exploring the Philippines, but does not nor is it intended to provide transportation services or any act that can be construed in any way as an act of a transportation provider.
  4. The service of the Company may be availed of through the following platform: website (https://sakayanko.com/), Facebook (https://www.facebook.com/sakayanko/) sms texting, and e-mail.

 

  1. Acceptance
  1. By availing of the services of SAKAY & Co. you agree that you have read, understood, accepted and agreed with the Terms of Use.
  2. You further agree to the representations made by yourself below. Please discontinue using the service if you do not agree to or fall within the Terms of Use, as stated herein.

 

  • Amendments to Terms of Use

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to it at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies shall be effective upon the posting of an updated version at https://https://sakayanko.com/termsandconditions

 

  • Use, Representations, and Warranties.
    1. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.
    2. By using the service through any of the means (website, email, sms, Facebook/social media) available to you, you agree that:
  1. You will only use the Service for lawful purposes and for the purpose for which it is intended to be used;
  2. You will not use the website for illegal purposes or for purposes other than obtaining the Service;
  3. You shall not intentionally or unintentionally cause or attempt to cause damage to any third party;
  4. You will not disrupt access to the Company’s website, modify the website, use it to transmit computer viruses, hacking attacks, computer worms, etc. or commit activities that may be found to be a crime;
  5. You will not copy, or distribute this site’s content without written permission from the Company, not impersonate Company or any person or entity or falsely misrepresent your affiliation with Company, or with third parties;
  6. You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  7. You are aware that when using the service by SMS, standard telecommunication charges will apply;
  8. You agree that the Service is provided on a reasonable effort basis; and
  9. You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time; and
  10. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use.

 

  • Privacy Policy, Data Collection, Storage, Personal Data Protection.
    1. SAKAY & Co. reserves the right to collect anonymized information about your usage of our services. This includes but is not limited to location data, usage patterns, cookies, and information typed into fields. You consent that data gathered from or submitted by you can be used by SAKAY & Co. for improving its services and commercial purposes. Any information that we collect is anonymized and does not include personally identifying information.
    2. You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
    3. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, gender, date of birth, and email address.
    4. The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
    5. By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  • Intellectual Property and Ownership.
    1. All information, content, designs, branding, methods, and features displayed in our services are the copyright and intellectual property of SAKAY & Co., unless otherwise noted.
    2. You may not collect, save, copy, reshare, publish, or reuse any of this copyrighted material, in original or in modified form, unless given express written consent by SAKAY & Co.

  • Disclaimer of Warranties, Limitation of Liabilities, Force Majeure.
    1. THE USE OF SAKAY & CO.’S SERVICES IS AT YOUR OWN RISK. THE COMPANY’S SERVICES ARE PROVIDED “AS IS”. YOU UNDERSTAND AND AGREE THAT SAKAY & CO. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE SAKAY & CO.’S SERVICES, RELIANCE ON SAKAY & CO.’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SAKAY & CO.’S SERVICES.

 

    1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE COMPANY’S WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (E) THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

 

    1. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

 

    1. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH INTERNET DELAYS, AND/OR CONNECTIVITY PROBLEMS.

 

    1. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS
    1. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  • Advertisements.

SAKAY & Co. reserves the right to display advertisements on its website and related services.

There may be links to third party websites that may be found all throughout Company’s website. You are recommended to examine the privacy statements and/or terms of use of these websites.

  • Notice.

The Company may give notice by means of a general notice on the website or electronic mail to your email address in the records of the Company. Such notice shall be deemed to have been given 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the website.

  • Assignment.

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  • Severability. In the event that any provision hereof is found invalid or unenforceable, the remainder of the Terms of Use shall remain valid and enforceable.

  • Waiver. Failure of Company to exercise or enforce any of the provisions herein shall not constitute a waiver of such right.

  • Governing law. This Terms of Use shall be construed in accordance with, and governed in all respects by, the laws of Republic of the Philippines without regard to conflicts of law principles.

 

 

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