Terms of Use
Review Smile Train Philippine's Terms of Use
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The information contained on this website www.smiletrain.ph ("Site") is for general information purposes only. These terms of use ("Terms"), which include our Privacy Policy, govern your use of our Site and any services offered through our Site.” Then embed a link in “Privacy Policy” to the privacy policy page. Also please add the following language: “PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AND SERVICES. BY ACCESSING OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION. We may modify these Terms at any time by posting a revised version on our Site or, if we determine appropriate, by sending you an email or other notice. Please review these Terms from time to time because your continued use of our Site after modified Terms have been posted indicates your consent to the modified Terms.
Smile Train Philippines shall try to provide only such information on the Site which is to the best of their awareness and belief. However, Smile Train Philippines makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose and hereby disclaims any responsibility for any inexactness of facts or information provided on this Site. Any accountabilities arising out of any act or omission by a visitor to this Site, by depending on or making use of the information offered on this Site, shall be completely to the account and at the risk of such visitor.
Smile Train Philippines will make sure that tax exemption certificates and feedback reports, where requested, are sent to the donors within reasonable time limits.
Smile Train Philippines disclaims any accountability, loss or damage, legal or otherwise, that might arise because of the act, omission or otherwise of any visitor to this Site, or arising out of or in connection with the use of this Site. Visitors to the site consent to and admit that Smile Train Philippines has exerted all diligent efforts to comply with data privacy laws concerning the personal information collected on this website, and as such, stands indemnified from any accountability or liability because of the same. Visitors acknowledge that by visiting this Site he/she is accepting and consenting to this disclaimer.
Every effort is made to keep the Site up and running smoothly. However, Smile Train Philippines takes no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
Smile Train does not provide medical services or advice and does not guarantee financial support for any required medical services. The information on the Website is provided “as is” for general information only. It is not intended as medical advice, and should not be relied upon as a substitute or consultations with qualified health professionals who are familiar with an individual's medical needs. Always seek the advice of a physician or other qualified health provider with any questions regarding a medical condition.
Unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, audio clips, writings, images, and photographs is copyrighted by and proprietary to Smile Train, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Smile Train's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard-drive cache as are necessary to browse the website, and the user may make one permanent printout of each page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of Smile Train. To obtain permission to use or copy Smile Train copyrighted materials from Smile Train's website or from Smile Train printed materials, please send your request to:
3/F Annex Bldg., 22 East Ave.
Diliman, Quezon City, Metro Manila
Philippines
+63-917-52-TRAIN (0917-52-87246)
[email protected]
You agree to use our Site only for lawful purposes, only as expressly permitted in these Terms or otherwise approved in writing by Smile Train, and only in a manner that does not infringe the rights or restrict the use and enjoyment of our Site by any third party. You may use the Site and our services on the condition that you do not: (i) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component or otherwise interfere with operation of the Site; (ii) use the Site for any unlawful purpose or otherwise violate any applicable laws, rules, or regulations; (iii) upload any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes on our or any third party’s intellectual property or other rights; (iv) upload any content without authorization to do so; or (v) upload any spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication.
OUR SITE, SERVICES, AND CONTENT ARE MADE AVAILABLE FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED), WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) OUR SITE, SERVICES, OR CONTENT WILL BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY; (B) OUR SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; OR (C) YOUR ACCESS TO AND USE OF OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT YOU DO SO ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Our Site may contain references or links to third-party web sites, web pages, materials, information and resources (collectively, "Third-Party Sites") solely as a convenience to our users. We do not control, are not responsible or liable for, and do not endorse any Third-Party Site. You: (i) should review the terms of use and privacy policies that govern any Third-Party Site and make your own independent judgment regarding your use of any Third-Party Site; and (ii) acknowledge you are solely responsible for any consequence of your use of any Third-Party Site.
UNDER NO CIRCUMSTANCES WILL SMILE TRAIN, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SITE, SERVICES, OR CONTENT, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend (if Smile Train requests) and hold harmless Smile Train, its vendors, licensees, licensors, agents, employees, officers, directors, partners, and volunteers (the "Indemnitees") from and against any and all losses, damages, liabilities, fees and costs, including attorneys' fees and court costs, which may be incurred by any Indemnitee in connection with your breach or alleged breach of these Terms or your use of the Site, Content, and services. You may not settle or compromise any claim that would affect any Indemnitee's rights or legally obligate any Indemnitee without the Indemnitee’s prior written approval in each case. Smile Train reserves the right to control the defense (with its own counsel) of any indemnified claim.
This Site is controlled by Smile Train, Inc., which is headquartered in the State of New York, United States of America. It can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places may have laws that differ from those of New York, by accessing this website both you and Smile Train agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this website. You and Smile Train also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of New York, New York, and the United States District Court for the Southern district of New York with respect to such matters. Smile Train makes no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Smile Train’s delay in enforcing these Terms will not be considered a waiver or limitation of any of its rights or remedies. If Smile Train determines or suspects that you have violated these Terms, Smile Train may disclose any information we have about you if we determine in good faith it is necessary or appropriate in connection with any investigation or complaint regarding your use of our Site. The term "including" is illustrative and means "including, but not limited to." If any provision of these Terms is held by a court to be unenforceable, that provision will be modified to the extent necessary to make it enforceable or, if that is not possible, it will be deleted and the remaining Terms will be enforceable to the full extent permitted by law. These Terms constitute the entire agreement between you and Smile Train with regard to your use of our Site, Services, and Content.