TERMS AND CONDITIONS
1. What is this Document?
Fretrato Realty (“Fretrato”) is a company with a registered office at Unit 1815 Cityland 10 Tower II, corner Valero and HV Dela Costa, Salcedo Village, Makati City, Philippines. Providing, inter alia, the terms that govern your access to use (i) Fretrato.com.ph (“Website”), and (iv) any other service that may be provided by Fretrato from time to time (collectively referred to as the Services).
You hereby agree and understand that this Agreement is a binding contract between Fretrato and any person who accesses, browses, or uses the Services in any manner. Accordingly, you also agree to be bound by the terms contained in this Agreement.
If you do not agree to the terms in this Agreement, you shall not have the right to use the Services and shall forthwith leave the Website and stop using all services.
You shall accept the terms contained in this Agreement without any modification. The use of the Services would constitute acceptance of the terms of this Agreement.
1.2. You must be eighteen (18) years of age or older to register, visit, or use the Services in any manner. By registering, visiting, or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
You represent and warrant to Fretrato that you have the right, authority, and capacity to use the Services and agree to and abide by this Agreement. If you are using the Services on behalf of another organization or entity (“Organization”), then you agree to this binding Agreement on behalf of that Organization. You represent and warrant that you have the authority to bind the Organization to this Agreement.
In this case, “you” and “your” refer to you and the concerned Organization.
1.3. The Philippine laws govern this Agreement. Fretrato publishes this Agreement in compliance with such laws.
1.4. Fretrato authorizes you to view and access the content available on the Services solely for image viewing, information consideration and communicating only, as per this Agreement.
The contents of the Services, including information, text, graphics, images, logos, button icons, code, interface, design, arrangement, and assembly of content on the Website, or any of the other Services (“Fretrato Content”), are the property of Fretrato and its affiliates and partners.
You shall not modify the Fretrato Content. You shall not reproduce, display, publicly perform, distribute, or otherwise use the Fretrato Content in any way for any public, commercial, or personal purpose. Downloading of our images are also prohibited and not allowed.
1.5. All rights and liabilities of Fretrato are restricted to the scope of this Agreement. This includes any Services to be provided by Fretrato,
In addition to this Agreement, you also ensure that you comply with third-party terms and conditions. These terms and conditions are linked, contained, and embedded in the Services, with whom you choose to transact. It is hereby clarified that Fretrato shall not be held liable for any transaction between you and any such third party.
2. Use Of Services
2.1. Fretrato permits the viewing of photos and information, but prohibits downloading of the materials available on the Website. You may however use our material solely for personal and non-commercial purposes provided you ask us for an authorization and permission with approval. Downloading of our materials to use in your social media, such as posting in website and Facebook are strictly not allowed.
2.2. You hereby agree that you shall not at any time (i) distribute, resell, cross-sell, or permit access to the Services to any third party, (ii) permit multiple end-users to access the Services using shared log-in credentials (i.e., a shared email address and password), (iii) use the Services other than following (a) the instructions or documentation which Fretrato may provide from time to time, (b) applicable laws, and; (c) the terms contained in this Agreement.
It is your responsibility, in such cases, to review the terms of the Agreement from time to time. Changes apply after posting. Fretrato may also alter or remove any content from the Website without notice and liability.
2.4. Fretrato reserves the right to suspend your ability to use or access all or part of the Services at any time. This suspension may happen while Fretrato investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict you from using the Services if Fretrato, in its opinion, feels that you are misusing the Services in any manner whatsoever.
2.5. Fretrato may, from time to time, run promotional campaigns and contests that require you to send in material or information about yourself. Each promotional campaign and contest has its own rules and regulations. Before you participate, you must read and agree to all rules and regulations.
3.1. Fretrato shall have the right to charge transaction fees based on certain completed transactions using the Services. These charges or fees may also be altered by Fretrato, without any notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
3.2. By availing and transacting with Fretrato, you authorize Fretrato and its agents to transact with your bank or other payment gateways on your behalf. These transactions may include obtaining the necessary information required to process and confirm payment, resolving inquiries and billing disputes, and other services. These are the required transactions to manage and complete some of our services.
4. User Covenants
4.1. Fretrato informs you that you are NOT
permitted to host, display, upload, modify, publish, transmit, update, or share
any information that:
4.2. You are also prohibited from:
4.3. Fretrato is entitled to disable such information that is in contravention of clause 4.2. Fretrato will take such actions upon obtaining knowledge or being notified by an affected person through any means of communications about any such information as mentioned in clause 4.2.
Fretrato shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
4.4. Fretrato may disclose or transfer information provided by you to its affiliates and partners in other countries, cities and locations. You hereby consent to such transfer.
5. Third-Party Information
5.1. The Website may provide information regarding the third-party website(s), affiliates, business partners and contain links to their websites. Such information and links are provided solely for your reference.
Fretrato is not endorsing the material on the Website. Fretrato is not responsible for any errors and representation, nor is it associated with it.
You shall access these websites at your own risk. Furthermore, it is up to you to take precautions to ensure that whatever links you select or software you download, whether from the Website, Mobile Applications, or other Services, is free of items such as, but not limited to, viruses, worms, and Trojan horses.
6. Intellectual Property Rights
6.1. All the intellectual property used on the Website by Fretrato, its service providers or partners or any third party shall remain the property of Fretrato. This property also belongs to its partners, service providers, or any other third party. Except as provided in this Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means. This includes, but is not limited to, electronic or mechanical photocopying and recording, without Fretrato's prior express written permission.
7. Unlawful or Prohibited Use
7.1. You warrant to Fretrato that you will comply with all the applicable laws, statutes, ordinances, and regulations regarding the use of Fretrato's Services and any other related activities. You further warrant that you will not use this Website in any way prohibited by terms contained in this Agreement or under applicable law.
8.1 By using the Site, you agree to irrevocably waive any claim against Fretrato, its subsidiaries or affiliates, and any of such party’s officers, directors, managers, agents, contractors, or employees. You expressly agree that neither Fretrato nor any of its subsidiaries, affiliates, officers, directors, managers, agents, contractors or employees, shall be held liable. You hereby acknowledge and agree that Fretrato provides intermediary services and is not, and shall not, be deemed to be a Supplier. Therefore, they may not be held responsible in any way for any lack or deficiency of services provided by any Supplier you choose to engage, hire, or appoint via the Services.
Therefore, Fretrato is not liable for any errors, omissions, representations, warranties, breaches, or negligence of any of the Suppliers. Fretrato is not held liable for any resulting personal injuries, death, property damage, and other expenses.
8.2. Fretrato does not provide or make any representation, warranty, or guarantee, either express or implied, about the Website or the Services.
8.3 Fretrato shall not be liable for any damages whatsoever including, but not limited to, damages for loss of use, data, or profits. These damages may arise with the inability to use the Website, Mobile Applications, or any other Service. Such damages shall extend to the loss suffered by you due to delay or inability to use or access the Website or the Mobile Applications.
9.1. You hereby agree to indemnify and hold Fretrato harmless, along with its affiliates and partners, officers, directors, employees, consultants, licensors, agents, and representatives from all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs). This can arise from (i) your access to or use of Services, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with Fretrato, and (iv) infringement of any intellectual property or other rights of any person or entity.
Fretrato will notify you promptly of any such claim, loss, liability, or demand. In addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
10.1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision, or part of such provision.
The remaining part of such provisions and all other provisions of this Agreement shall continue to be in full force and effect.
11. Term and Termination
11.1. This Agreement will remain in full force and effect while you use any Service in any form or capacity.
11.2. In the event Fretrato discovers or has reasons to believe during or after receiving a request for Services that the said request is either unauthorized or misrepresented, Fretrato shall have the right to take any steps against you. These steps include the cancellation of the bookings, forfeiture of payment, etc., without providing you with prior intimation. Fretrato shall not be responsible for any damages caused by such a consequence.
11.3. Fretrato reserves the right to terminate its Services provided to you in the event of a breach of any terms contained in this Agreement, misrepresentation of information, or any unlawful activity. The right to terminate also applies if Fretrato is unable to verify or authenticate any information you submit to Fretrato.
11.4. Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.
12.1. All notices and communications shall be in writing, either in English or Filipino. Customers and users can deliver communications personally, by commercial messenger or courier service, mailed by registered or certified mail (return receipt requested), or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:
Fretrato Realty , Unit 1815 Cityland 10 Tower II, Corner Valero and HV Dela Costa, Salcedo Village, Makati City, Philippines 1230.