These Terms of Service (“Terms”) govern your use of the Ponswi website and mobile application (collectively referred to as the “Platform”) provided by Ponswi (“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.
1. 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. You are responsible for providing accurate information and maintaining the confidentiality of your credentials.
1.3. User Conduct: You agree to use the Platform in compliance with applicable laws. You shall not engage in any activity that interferes with the proper functioning of the Platform.
2. Advertising and Third-Party Content
2.1. Display of Advertisements: The Platform may display advertisements and promotions from third-party vendors, including Google AdSense. These advertisements are necessary for the operation of the Platform. By using the Platform, you acknowledge and agree that Ponswi is not responsible for the content, products, or services offered in these third-party ads.
2.2. Prohibited Ad Interaction: To maintain the integrity of our advertising partnerships, users are strictly prohibited from engaging in any “Invalid Click” activity. This includes, but is not limited to, clicking on advertisements repeatedly, using automated tools, bots, or software to generate ad impressions or clicks, or encouraging others to click on ads. Any such activity will result in immediate termination of your account.
3. Booking and Payments
3.1. Property Listings: Hosts are responsible for the accuracy, completeness, and legality of their Listings (resorts, pools, and venues).
3.2. Booking Process: A booking confirmation constitutes a contract between you and the Host.
3.3. Payment: You authorize us to collect payment for bookings. Cancellation and refund policies are determined by the Host.
3.4. Taxes and Fees: You are responsible for any applicable taxes and fees associated with your bookings.
4. Content and Intellectual Property
4.1. User Content: You grant us a worldwide, royalty-free right to use and display content you post for the purposes of operating the Platform. 4.2. Intellectual Property: All intellectual property rights in the Platform (text, graphics, logos, and software) are owned by or licensed to us.
5. Limitation of Liability
5.1. Intermediary Status: We act as an intermediary and do not guarantee the quality or legality of Host services. We are not liable for damages arising from your interactions with Hosts.
5.2. Damages: In no event shall we be liable for indirect, incidental, or consequential damages arising out of the use of the Platform.
6. Indemnification
6.1. You agree to indemnify and hold Ponswi harmless from any claims or expenses arising out of your use of the Platform or violation of these Terms.
7. Termination
7.1. We reserve the right to suspend or terminate your access to the Platform at any time, especially in cases of fraudulent activity or violation of our advertising policies.
8. Governing Law
8.1. These Terms shall be governed by the laws of the Republic of the Philippines. Any disputes shall be subject to the exclusive jurisdiction of the Philippine courts.
9. Changes to Terms
9.1. We may update these Terms at any time. Your continued use of the Platform after changes are posted indicates your acceptance.