Oi! Taho is operated by Cebu Digital. A technology-based company which primarily develop enabling technologies in retail, restaurant, and hotel.
Last Revised: 26 July 2021
These Terms apply to your access to, and use of, all or part of any website or mobile application of Oi! Taho and Cebu Digital or its subsidiaries and affiliated companies (collectively, “Cebu Digital”), including oitaho.ph, oitaho.com, cebudigital.com and any other site, mobile application or online service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Cebu Digital for products, services or otherwise.
The terms “we”, “us” or “our” shall refer to this website. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or buys the product or use the services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Cebu Digital may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site. In addition, we may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep any information you have on your account (“Account”) current. The Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
While we make reasonable efforts to provide accurate and timely information about the Company on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Oi! Taho or Cebu Digital.
2. Eligibility; Authority
This Site, and the Products are available only to Users who can form legally binding contracts under applicable laws. By using this Site, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable laws, and (iii) are not a person barred from using the Site found under the laws of the Philippines or other applicable jurisdiction. If the User is below eighteen (18), he or she may only use the Site under direct supervision of the legal guardian who agrees to be bound by there Terms.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Cebu Digital finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Cebu Digital shall not be liable for any loss or damage resulting from Cebu Digital’s reliance on any instruction, notice, document or communication reasonably believed by Cebu Digital to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Cebu Digital reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
3. Accounts; Transfer of Data Abroad
Accounts. In order to access some of the features of this Site, you may have to create an Account. You represent and warrant to Cebu Digital that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Cebu Digital has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Cebu Digital reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). For security purposes, Cebu Digital recommends that you change your Account password at least once every three (3) months or as often as possible. You must notify Cebu Digital immediately of any breach of security or unauthorized use of your Account. Cebu Digital will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Cebu Digital or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. Availability of Website
Subject to the terms and conditions of this Agreement and other terms as may be provided on this Site, we shall use commercially reasonable efforts to attempt to provide this Site on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site, and that we assume no liability to you or any other party with regard thereto.
6. Oi! Taho Rewards Program
7. Email Communications
If a User signs up for an Account on the Sites, the User is, by default, is not opted in to receive promotional email communications from Oi! Taho (“Email Communications”). The User may, at the time of sign up, opt in to receiving Email Communications from Cebu Digital. Thereafter, the User may opt out of receiving Email Communications by adjusting the User’s profile settings in the User’s Account.
8. Trademark and/or Copyright Claims
Cebu Digital supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bonafide copyright, please contact us via email at firstname.lastname@example.org. Include in the email your claim with corresponding evidence supporting such claim. We do not actively seek clarification nor engage in email conversation regarding your claim. It is your responsibility to make such email contains enough information for us to intelligently arrive to a correct conclusion.
9. User Content
Cebu Digital does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Cebu Digital liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you become aware of User Content that you believe violates these Terms, including copyright claims, you may report it by emailing email@example.com or use any link or mark on the concerned contain which may be available to flag the content. Enforcement of these Terms however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms.
This Terms does not guarantee or is not obligated to, edit or monitor any of the User Content posted on the Sites, Cebu Digital reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense. If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Cebu Digital that you grant herein. Cebu Digital claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Cebu Digital and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release Cebu Digital and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
10. Submission of Ideas
Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Cebu Digital, our Sites and our products (collectively, “Ideas”) either through the oitaho.com portal or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous and non-committal. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes. You must also inform us if you have a pending or registered patent relative to the Idea.
You represent and warrant that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to Cebu Digital that you grant herein.
By submitting your Idea, you grant Cebu Digital and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release Cebu Digital and its agents and employees from any claims that such use violates any of your rights.
Cebu Digital shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.
11. Links to Third-Party Websites
This Site, and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Cebu Digital. Cebu Digital assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Cebu Digital does not censor or edit the content of any third-party websites. By using those sites or the Services found on those sites, you expressly release Cebu Digital from any and all liability arising from your use of any third-party website. Accordingly, Cebu Digital encourages you to be aware when you leave this Site, the Mobile Apps, or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
12. Disclaimer of Representations and Warranties
You specifically acknowledge and agree that your use of this Site and the Services found at this Site shall be at your own risk and that this Site and the Services found at this Site are provided “as is”, “as available” and “with all faults”. Cebu Digital, its officers, directors, employees, agents, and all third-party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Cebu Digital, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Cebu Digital assumes no liability or responsibility for the same.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Cebu Digital, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site, the Mobile Apps, or the Services found at this Site.
13. Limitation of Liability
In no event shall Cebu Digital, its officers, directors, employees, agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Cebu Digital is advised of the possibility of such damages.
In addition, You SPECIFICALLY ACKNOWLEDGE AND AGREE that any cause of action arising out of or related to this Site, or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
In addition, You SPECIFICALLY ACKNOWLEDGE AND AGREE that in no event shall Cebu Digital’s total aggregate liability exceed the total amount paid by you for the particular Services that are the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site, or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless Cebu Digital and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Cebu Digital directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. No Third-Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
16. Compliance with Local Laws
Cebu Digital makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
17. Governing Law; Jurisdiction; Venue
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the laws of the Philippines and the local laws of City of Cebu, whichever is applicable, without regard to conflict of laws principles. You agree that any disputes arising from this Agreement shall be settled under the Philippine’s Alternative Dispute Resolution (ADR) in the City of Cebu.
18. Titles and Headings; Independent Covenants; Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
19. Contact Information
If you have any questions about this Agreement, please contact us firstname.lastname@example.org or you may contact us through our Contact Us page.
Any questions, complaints, or claims regarding the Sites should be directed to:
Cebu Digital Group
Customer Care (email@example.com)
T: 0968 392 5555
MCA Suites, M.P. Yap Street
APM Centrale, A. Soriano Avenue