- General Services
- LA CANALLA TRAVEL AND TOURS (SAKAY & Co.) is duly registered and existing under the laws of the Republic of the Philippines.
- The company primarily provides custom motorcycle rental and tour within Siargao island (Surigao del Norte).
- 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.
- 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.
- Use, Representations, and Warranties.
- By using the service through any of the means (website, email, sms, Facebook/social media) available to you, you agree that:
- You will only use the Service for lawful purposes and for the purpose for which it is intended to be used;
- You will not use the website for illegal purposes or for purposes other than obtaining the Service;
- You shall not intentionally or unintentionally cause or attempt to cause damage to any third party;
- 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;
- 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;
- 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;
- You are aware that when using the service by SMS, standard telecommunication charges will apply;
- You agree that the Service is provided on a reasonable effort basis; and
- 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.
- You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
- 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.
- 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.
- Intellectual Property and Ownership.
- All information, content, designs, branding, methods, and features displayed in our services are the copyright and intellectual property of SAKAY & Co., unless otherwise noted.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
SAKAY & Co. reserves the right to display advertisements on its website and related services.
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.
- Waiver. Failure of Company to exercise or enforce any of the provisions herein shall not constitute a waiver of such right.