Effective Date: November 28, 2023
Thank you for choosing to use our services!
These Terms of Service (“Terms”) are a legally binding agreement between you and MARKETMIND LOCAL that govern your use of Marketmind Local internet sites , applications, and other offerings (collectively, the ”Marketmind Local Website”) operated by Marketmind Local. These Terms and Conditions are posted via a link or otherwise (each referred to as a “Site”), and you acknowledge and agree that you are subject to the following Terms and Conditions, as well as our Privacy Policy, which also governs your use of the Site. When used in these Terms, the terms “Marketmind Local,” “we,” “us,” or “our” refer to the Marketmind Local entity with whom you are contracting. The terms “you” or “your” as used in this agreement shall always refer to the individual or legal entity that has subscribed to the Marketmind Local Services described herein. This includes but is not limited to, any affiliated or associated persons or legal entities, as well as their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns.
Your access to and use of the Marketmind Local Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
The Website is an online service provider that offers a range of services to podcasters, including podcast editing, production, and transcription. These services encompass various offerings and content provided by Marketmind Local , as well as the presentation of materials through the Site or via the Services. It is important to note that your access to and use of the Site may experience occasional interruptions due to factors such as equipment malfunctions, updates, maintenance, repairs, or other circumstances both within and outside the control of Marketmind Local .
Marketmind Local reserves the right to modify, suspend, or terminate the availability of the Site, any specific Service, or remove any Content at its sole discretion and without prior notice. Such actions may be taken as deemed necessary by Marketmind Local .
You engage Us to provide certain creative, engineering, production, mixing, and editing, services [collectively referred to as the “Services”], with the objective of mixing, engineering, editing, producing, and/or distributing work in audio, digital, and/or video format (the “Work”). The specific Services purchased by You may be purchased individually or bundled into a “Purchasing Package,” and will be set forth in one or more separate “Service Orders.” This Terms applies to and governs all Services provided by Us while this Term is in effect, as well as any acts incidental to the fulfillment of the Services or other responsibilities under this Terms or applicable law.
User Verification and Eligibility
You represent and warrant that you are not a person or entity prohibited from using the Marketmind Local Website by Philippine law, your place of residence, or any other applicable jurisdiction. You may not register multiple accounts or transfer your account to another person. You are responsible for maintaining the confidentiality and security of your Account Credentials and must not disclose your Credentials to any third party.
To use the Marketmind Local Website or create a Marketmind Local Account, you must be at least 18 years old and legally capable of entering into legally binding contracts. You represent and warrant that you are 18 or older and have the legal ability and power to enter into a contract by utilizing Marketmind Local Website. You are required to give us true, comprehensive, and up-to-date information whenever you set up an account with us. Your account on our Website may be immediately terminated if you violate the Terms by failing to do so.
User verification on the internet is difficult, and Marketmind Local accepts no responsibility for confirming the identity of any member. Regardless of the foregoing, we may but are under no obligation to, (i) ask members to provide a form of government identification or other information or conduct additional checks designed to help verify members’ identities or backgrounds, (ii) screen members against third-party databases or other sources and request reports from third-party service providers, and (iii) collect reports from public records of criminal convictions or sex offender registrations, or an equivalent version of background or registered sex offender checks in your local jurisdiction, provided we have sufficient information to identify a member (if available). Marketmind Local reserves the right to notify Users when it learns of actual or suspected fraud or illegal activity in connection with the Website or the Services; however, Marketmind Local accepts no responsibility or liability for a User’s fraud or illegal activity and expressly disclaims any express or implied warranties or obligations with respect to providing accurate or timely warnings when it knows or has reason to believe that a User is using the Website or the Service. Marketmind Local shall not be liable for any charges, harm, loss, or damage of any kind resulting from or related to your failure in securing your credentials or for any acts or omissions by you or anyone else using your Account and/or password.
User Responsibilities, and Website Use
A limited, restricted, personal, non-transferable, non-sublicensable, revocable license is given to you by Marketmind Local Website to access and use the Site solely in the ways specified in the Terms of Service. Any rights or licenses not expressly given herein are reserved. Aside from this restricted license, we do not grant you any additional rights or licenses with regard to the Website. The Services, as well as the software and infrastructure utilized to supply such material and information, are all proprietary to Marketmind Local or its suppliers and providers. You are only permitted to use the Website to make genuine, lawful inquiries or reservations, and you agree hereby not to make any speculative, deceptive, or fraudulent reservations or any reservations in advance of demand. You guarantee that the payment information you give us when making a reservation is accurate. You also undertake to give Marketmind Local your true and accurate email, postal, and/or other contact information, and you agree that Marketmind Local may use those data to get in touch with you if required.
Certain areas and features of the Website may be subject to distinct rules, standards, or guidelines, or you may be required to accept additional terms and conditions in order to access or use them. If these terms and conditions and those applicable to a specific area or feature of the Website conflict, the latter terms and conditions shall take precedence with respect to your access to or use of such area or feature, unless otherwise noted.
Purchases
If you choose to make a purchase of any product or service available through our Service (“Purchase”), you may be required to provide certain information that is relevant to your Purchase. This information may include but is not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
By making a Purchase, you affirm that: (i) you have the legal right to use any credit card(s) or other payment method(s) for the Purchase; and (ii) the information you provide to us is accurate, truthful, and complete.
In order to facilitate payment processing and the fulfillment of Purchases, the Service may utilize the services of third-party providers. By submitting your information, you authorize us to share the necessary information with these third-party providers, in accordance with our Privacy Policy.
Rights and Licenses
The Work is made up of intellectual property that may fall into four categories: (1) Your Materials; (2) Our Work Product; (3) Our Property; and (4) Third Party Property.
Your Materials include the unedited and raw audio track of each episode of the Work, in its original form as submitted by You and as edited by Us during the fulfillment of editing Services purchased by You, and graphics or other materials, all owned or authorized in writing by the owners to be submitted by You to be incorporated into the Work. YOU (AND/ OR THE PERSONS YOU ARE EXCLUSIVELY AUTHORIZED TO REPRESENT IN THIS AGREEMENT) WILL REMAIN THE SOLE AND EXCLUSIVE OWNER(S) OF ALL RIGHTS AND INTERESTS, INCLUDING COPYRIGHT, IN AND TO YOUR MATERIALS.
Our Work Product includes the editing, mixing, captioning, transcription, show notes, graphics, Illustrations (as defined below), and other content that We or Our Contractors create in the process of fulfilling the Services. Our Property includes Our intellectual property, such as brand logos, names, and trademarks. As between You and Us, We remain the sole and exclusive owner of all rights, titles, and interests, including copyright, in and to Our Work Product and Our Property.
Third-Party Property includes content or material that is owned or controlled by third parties that either We license, or You license or otherwise have permission to use in the Work. If Your use of Third-Party Property is subject to any restrictions (such as a limit on the number of reproductions of an image or use of a soundtrack), You are responsible to ensure that You comply with those restrictions. All rights and interest in Third Party Property shall remain with the respective Third Party. Third Party Property licensed to Us may be used only in the version of the Work (in any format) that We create, and may not be removed or used in any other versions of the Work or other products or materials.
Subscriptions
Certain aspects of the Service are offered on a subscription basis (“Subscriptions”). You will be charged in advance on a recurring and periodic basis (“Billing Cycle”). The Billing Cycle may be set on a monthly or annual basis, depending on the specific subscription plan you choose when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the same terms and conditions, unless you choose to cancel it or unless Marketmind Local cancels it. You have the option to cancel the renewal of your Subscription by accessing your online account management page or by contacting Marketmind Local’s customer support team.
To process the payment for your Subscription, a valid payment method, such as a credit card, is required. You are responsible for providing Marketmind Local with accurate and complete billing information, including your full name, address, province, zip code, telephone number, and valid payment method details. By submitting your payment information, you authorize Marketmind Local to charge all applicable Subscription fees to the provided payment method.
If the automatic billing process fails to occur for any reason, Marketmind Local will issue an electronic invoice. The invoice will indicate that you must manually proceed with the full payment corresponding to the billing period specified in the invoice by a certain deadline.
Fulfillment of Services
Before We are required to begin the fulfillment of the Services, You must submit to Us: (a) a fully completed Submission Form or other forms requested by Us; (b) Your Materials; and (c) full payment for the Services. We are not responsible for the loss of or damage to Your Materials while in transit or while in Our possession. We are not obligated to preserve or return Your Materials or any other submitted materials to You. You should NOT send Us an original or sole copy of Your Material, images, or any other items.
Your Materials and Work must comply with Our Content Guidelines (set forth on our website and available upon request) and all applicable laws and regulations. If You have questions regarding Your Material or the Work’s compliance with applicable laws and regulations, such as copyright laws, rights of privacy and publicity, and libel/ defamation, You should consult an attorney for legal advice.
We reserve the right to conduct a content evaluation on Your Material and the Work (“Content Evaluation”) solely and exclusively for Our internal purposes. You may not rely on the Content Evaluation or any results We may share with You for any purpose whatsoever. If We have reason to believe that Your Material or the Work does not comply with Our Content Guidelines, in Our sole discretion, We may require that You revise the Material or Work in order to bring it into compliance until such revisions are made. If You choose not to make the necessary revisions to comply with Our Content Guidelines, You or We may terminate this Agreement.
When We have created the Work, We will provide You with an electronic copy for Your complete and thorough review prior to the release of the final Work. If, upon review, You are satisfied that each and every aspect of the Work is accurate, complete, and meets Your expectations, and You acknowledge and accept the Work, You will sign all requested forms to indicate Your final approval and return them to Us. After Your final approval is given, You waive any and all claims against Us or Our Contractors arising from or related to any alleged errors, omissions, or other content issues discovered in the Work after final approval. You are responsible for the Fees for any subsequent changes, corrections, or other Services requested by You after final approval.
Representations and Warranties
You represent and warrant the following:
You have the full right, power, and authority to enter into and fully perform this Agreement and will comply with all terms of the Agreement. You are either the sole author and sole owner of all copyrights, or You are exclusively authorized in writing to represent all co-authors owning all copyrights to Your Materials, or Your Materials is a work for hire and You own all copyrights in it.
Prior to Your delivery of Your Materials or any other content to Us, You will have obtained all rights that are necessary for the exercise of rights granted under this Agreement; and, if requested, You can and will provide confirmation that you have all rights required to exercise all rights granted under this Agreement (including, without limitation, for use and distribution of any Third Party Property provided to Us).
Your Materials and the Work complies with all Content Guidelines and applicable laws and regulations, and You understand that You are solely responsible for ensuring that the Work complies with Our Content Guidelines and all applicable laws and regulations at all times.
Your Materials and the Work do not and its sale and distribution will not: (i) infringe on any copyright or other intellectual property rights; (ii) violate any right of privacy, publicity, or other personal or property right whatsoever; (iii) contain any libelous or defamatory matter or violate any laws or regulations of any jurisdiction; (iv) contains a recipe, formula, or instruction that may be injurious to the user; or (v) contain any information of a third party deemed private by applicable law (such as social security numbers, dates of birth, or private financial or medical information).
All statements in Your Materials or the Work asserted as facts are based on Your careful investigation and research for accuracy.
There have not been and are not now any pending or, to Your knowledge, threatened claims, litigation, or other proceedings pending against You with respect to the content or title of Your Materials or the Work or other claims based on any facts that would constitute a breach of any of Your representations and warranties.
All information in Your Materials or that You submit or communicate to Us is accurate, and You will immediately notify Us to update and/or correct any information which becomes inaccurate.
You will be solely responsible for accounting and paying any co-authors or co-owners of Your Materials, Your Work, or any portion thereof any royalties with respect to the uses of the content and their respective shares if any, of any monies payable under this Agreement.
Cancellation
All customers must read the cancellation or refund policy for their services, which is available through your Service Agreement. Before purchasing services through our Website, we encourage you as a Customer to thoroughly read and comprehend the cancellation and refund policies we provide. If you wish to cancel a service purchased, and/or receive a refund as a Customer, please do so through your dashboard or contact us at hello@marketmindlocal.com.
Refunds
Certain refund requests for Subscriptions may be considered by Marketmind Local on a case-by-case basis and granted at the sole discretion of Marketmind Local following the Service Agreement. Specifically, refunds may be given in the event of a material or security breach, or if Marketmind Local no longer fulfills its role as an editing and production service provider. Refer to the Refunds Policy included in our Service Agreement for full details.
Electronic Communications
Unless otherwise specified by the Company, all communications between a User and the Company are conducted electronically, whether you visit the Website, Website, Software, or Service or send e-mails to the Company, or whether the Company posts notices on the Software, Site, or Service or communicates with you via email. The Company may think it essential or expedient to utilize a phone conversation to resolve certain difficulties, and it is now permitted to do so.
You agree to receive an email if the status of the purchased Services changes in any way, such as a communication from the Editor Service Provider, an offer received, a confirmed Booking, a denied Booking, and so on.
You agree to receive one or more emails. We confirm a service purchased on the Website. (i) with the confirmed service purchased with the necessary details, (ii) any email from the company employee regarding the confirmed reservation, (iii) after the services were delivered, leave a review about their stay, and (iv) promotional emails that provide the guest with specific information and/or offers.
Users can unsubscribe from any additional promotional emails or newsletters by clicking unsubscribe. The Company is not responsible for any emails that are not received by Customers as a result of mail delivery problems with the Customer email account. All cancellation restrictions and terms will still apply to confirmed bookings even if the Customer does not get an email due to bounces or mail delivery difficulties.
You are communicating with us electronically when you browse the Website or send emails to us. You agree to receive electronic messages from us. We will contact you through email or by publishing notices on our website. You agree that all agreements, notices, disclosures, and other communications sent to you electronically meet any legal requirement that such communications be in writing.
Unsolicited Suggestions and Feedback
Users occasionally offer ideas or proposals for new or enhanced goods or technologies, website or tool updates, processes, materials, marketing plans, or new product names to us. We are not required to evaluate or consider them. If you choose to submit any ideas, original creative artwork, recommendations, or other works (“submissions”) to us in any manner, the following rules will apply regardless of what you say, write, or supply to us in connection with your submissions. The sole aim of this policy is to avoid any misunderstandings or conflicts if any aspect of our business, such as our goods, websites, technology, or marketing methods, appears to be similar to any of your submissions. If you make any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of the Company, without any compensation to you; (ii) the Website may use or redistribute any such submission and its contents for any purpose and in any way; (iii) the Company is under no obligation to review any submission; and (iv) the Company is under no obligation to keep any submission confidential. We encourage your input on many aspects of our company. We only ask that you email us your criticism using the “feedback” option accessible on the bottom right side of the site, search results pages, property pages, and the owner dashboard. Please only offer detailed feedback about our website and services. Remember that we have no duty to keep any comments you submit secret, and we retain the right to use or disclose such material in any way we see fit.
Our Role
We provide you access to a Website that allows Members to purchase Podcast Editing and/or Production Services. You accept that the Company has the right, but not the duty, to monitor Website usage and verify information given by our Users. For example, we may review, disable access to, remove, or alter Content in order to: (i) run, secure, and enhance the Website (including for the purposes of fraud prevention, risk assessment, investigation, and customer support); and (ii) verify User’s compliance with these Terms. (iii) comply with applicable law or a court, law enforcement, or other administrative agency or governmental body’s order or requirement; (iv) address Content that we determine is harmful or objectionable; (v) take actions specified in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that do not meet quality and eligibility criteria. Members understand and accept that the Company, in its sole discretion, administers its Policies, including judgments regarding whether and how to apply them to a given scenario. Users agree to comply with and assist the Company in good faith and to provide Marketmind Local with such information and take such measures as the Company may reasonably require in connection with any investigation into the use or abuse of the Company Website. Except where the Company Payments operates as a collection agent, the Company does not act as an agent for any Member.
Prohibited Activities
You are solely responsible for your actions and behavior on the Website, as well as any and all data, text, information, usernames, pictures, photos, photographs, profiles, audio, video, objects, and links (collectively, “Content”) that you submit, publish, and display on the Website. Restricted Activities: Your Content and usage of the Website are not permitted to:
Privacy
The protection of User information is of the utmost importance to the Company. Please see the Company’s Privacy Policy for more details.
Personal information is only supplied, processed, and used with the User’s consent or where such data collection, processing, or use is authorized by law.
Modifications
These Terms of Service may be amended from time to time in order to maintain compliance with the law and to reflect any changes. When we amend these Terms of Service, we will update the “Effective Date” at the top of these Terms of Service. We recommend that our users periodically review our Terms of Service to ensure that they are notified of any updates. Your continued use of the Services following the posting of changes to this Terms of Use will constitute your consent and acceptance of those changes.
While the Website is being modified, we cannot promise that it will always be available, functional, or accessible at any given moment. Furthermore, we cannot guarantee that the Website will function as described or that it will produce the anticipated outcomes.
Use Restrictions
The Website and Marketmind Local Content are provided only for the personal use of the User for the reasons specified in this Agreement. All other uses are strictly banned. Marketmind Local explicitly reserves all of its legal rights and remedies. Marketmind Local maintains the right to reject service, terminate Accounts, delete or modify material, cancel bookings, or prohibit access to the Website at its sole discretion. You promise not to (and will not let any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Website or Marketmind Local Content, except as expressly authorized by the Company; (2) take any action that imposes or may impose (in the Company’s sole determination) an unreasonable or a disproportionately large load on the Website or the Company’s infrastructure; (3) utilize any device, software, or routine which will interfere or try to interfere with the functionality of the Website; (4) rent, lease, copy, provide access to or sublicense any portion of the Website or the Company’s Content to a Third Party; (5) use any portion of the Website or the Company’s Content to supply, or incorporate any portion of the Website or the Company’s Content into, any product or service provided to a Third Party; (6) reverse engineer, decompile, disassemble, or otherwise seek to get the ASCII text file or non-public APIs to the Website, except to the extent expressly permitted by applicable law (and then only upon advance notice to the Company); (7) modify any Website or the Company’s Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained within the Website or the Company’s Content; (9) use the Website or the Company’s Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Website or the Company’s Content or access or use the Website or the Company’s Content for competitive analysis or benchmarking purposes. Although the Company’s Website is also accessible worldwide, not all features or services discussed, referenced, provided, or offered through or on the Company’s Website are available to all or any persons or altogether geographic locations, or appropriate or available to be used outside the Philippines. The Company reserves the proper to limit, in its sole discretion, the availability and quantity of any feature or service to a person or geographical area.
Limitations on Liability
Neither the Company (including its affiliates and employees) nor any other party involved in the creation, production, or delivery (including, without limitation, the pricing, photographs, list of host amenities, general product descriptions, etc.) of the Company Website or any Content shall be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of replacement products or services, or for damages resulting from personal injury or physical injury or emotional distress, arising out of or related to and by factors beyond of the Company’s control or by force majeure. (i) these Terms, (ii) use or inability to use the Company Website or any Content, (iii) any communication, interaction, or meeting you have with anyone you interact or meet through or as a result of your use of the Company Website.
The Company and its suppliers offer no assurances on the availability of certain items and services. The Company and its respective suppliers have the right to make enhancements and/or adjustments to the Website at any time.
These responsibility and damage restrictions are essential components of the agreement between you and the Company. If applicable legislation prohibits the limits of liability set out in these Terms, the foregoing restrictions may not apply to you.
Intellectual Property
The Website, including its original content (excluding user-provided content), features, and functionality, is and will continue to be the sole property of The Company and its licensors. Copyright, trademark, and other laws protect the Website. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content unless expressly authorized by The Company.
As previously stated, commercial reproduction, copying, or redistribution of any materials or design elements on this site is strictly prohibited without The Company’s express written permission. Please contact us at hello@marketmindlocal.com for more information on requesting such permission.
Termination
The Company may suspend your access to all or any part of the Website or cancel this Agreement anytime and without notice or reason. Without limiting the above, if we believe you are in violation of any aspect of this Agreement, we may stop your access to the Website (including any Company Policies). You may or may not be granted permission to use the Website or re-establish an Account following any suspension or termination, and you may lose access to and be unable to utilize any accrued points or rewards as outlined in the Company’s Rewards Terms and Conditions. You agree that the Company will not be responsible to you for any termination of this Agreement or the consequences of such termination. You are always free to stop using the Website at any time. You accept that any termination of your Account may result in the deletion of any content saved in your Account, for which the Company will have no responsibility.
For minor infractions or where otherwise appropriate, as determined by the Company in its sole discretion, you will be notified of any proposed measure and given a chance to rectify the matter. You may contact customer care to challenge any measures taken by us under this Section. If we cancel a Reservation under this Section, the amount paid to the Host or Tourism Service Provider is reduced by the amount we refund or otherwise give to the Customer, as well as any other costs we incur as a result of the cancellation.
Indemnification
You agree to release, defend, indemnify, and hold the Company and its officers, directors, employees, agents, and contractor, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Website, Services, or Collective Content or your violation of these Terms; (ii) your Member Content; or (iii) your (a) interaction with any Member, (b) purchasing of any Service.
Disclaimer of Warranties
YOU UNDERSTAND THAT THE USE OF THE WEBSITE IS AT YOUR OWN RISK AND THEREFORE THE COMPANY CAN NOT GUARANTEE THAT THE WEBSITE IS GOING TO BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE, ALL THE COMPANY’S CONTENT, AND THE OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED TO USERS ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE COMPANY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. THE COMPANY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE COMPANY.
Governing Law and Venue
This agreement will be interpreted in accordance with Philippine law. This contract’s offer and acceptance are deemed to have occurred in the Philippines. In this case, and in the event of a dispute, the parties will submit themselves to the courts of the Philippines.
Agreement on Dispute Resolution and Arbitration in the Philippines
Arbitration Agreement
This Arbitration Agreement only applies to you if you reside or operate in the Philippines. If your country of residence or establishment is not the Philippines, but you attempt to bring any legal claim against the Company in the Philippines, this Arbitration Agreement will apply to determine whether this section applies to you, as well as all other threshold determinations, such as residency, arbitrability, venue, and applicable law.
Dispute Resolution Process
The Company is dedicated to a consumer-friendly dispute resolution procedure. To that end, for individuals to whom this section applies, these Terms provide for a two-part process: (1) an informal negotiation directly with the Company’s customer service team (described in paragraph below), and (2) binding arbitration administered by the a local Philippine Arbitration . As an alternative to arbitration, you and Marketmind Local both have the right to seek redress in small claims court.
Dispute Resolution and Notification Required Prior to Arbitration
You and the Company agree to notify the other party of the issue in writing at least 30 days before starting arbitration and to pursue an informal resolution in good faith. You must serve your disagreement notice on the Company by mailing it to Edbel Suite Pabayo St.-Gomez St. Brgy 9 (Poblacion) Cagayan de Oro City 9000. The notice of disagreement will be sent to the email address linked to your Website account.
A notice of disagreement must include the following information: the name and preferred contact information of the party, a concise explanation of the issue, and the remedies requested. If the parties are unable to resolve their disagreement within 30 days, any party may initiate arbitration by submitting a formal Demand for Arbitration (available at www.adr.org) with the AAA and delivering a copy to the other party, as stipulated in the AAA Rules (available at www.adr.org).
Arbitration Agreement
You and the Company mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, or their applicability, breach, termination, validity, enforcement, or interpretation, or any use of the Website, Services, or any Content (collectively, “Disputes”), will be resolved through binding individual arbitration (the “Arbitration Agreement”). If there is a disagreement regarding whether this Arbitration Agreement may be enforced or whether it applies to our Dispute, you and Marketmind Local agree that the arbitrator will resolve the matter.
Arbitration Agreement Exceptions
You and the Company agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be filed in a court of competent jurisdiction (as defined in Governing Law and Venue): (i) any claim or reason behind action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other belongings rights; (ii) any claim or reason behind action seeking emergency injunctive relief supported exigent circumstances (e.g., imminent danger or commission of against the law, hacking, cyber-attack); or (iii) a call for participation for the remedy of public injunctive relief; or (iv) somebody claim of statutory offense or molestation arising from your use of the Website, Host or Tourism Services. You and therefore the Company agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and can be stayed pending the end result of the arbitration.
Arbitration Procedures and Applicable Law
This Arbitration Agreement evidences an interstate commerce transaction, and all substantive and procedural interpretation and execution of this clause is governed by the Philippine law. Except as amended below, the arbitration will be managed by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules considered to be appropriate by the AAA (the “AAA Rules”) and then in force. The AAA Rules may be found at www.adr.org. To begin an arbitration, a completed written demand (available at www.adr.org) must be submitted to the AAA and sent to the opposing party, as required in the AAA rules.
Changes to the AAA Rules – Arbitration Hearing/Location
To make the arbitration as convenient for you as possible, the Company agrees that any required arbitration hearing may be held (a) in the Philippines in which you reside; (b) in Cagayan de oro City; (c) via phone or video conference; or (d) if all parties agree, solely by the submission of documents to the arbitrator.
Changes to AAA Rules – Attorney’s Fees and Costs
Your arbitration expenses and arbitrator pay share will be determined by the AAA Rules and, if applicable, restricted by the AAA Consumer Rules. If the arbitrator determines that such costs are excessive, the Company will pay all arbitration fees and expenses. Either party may request that the arbitrator award attorneys’ fees and costs if the other party asserts a claim, cross-claim, or defense that is without foundation in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as permitted by applicable law and the AAA Rules.
Decision of the Arbitrator
The fundamental facts and conclusions upon which the arbitrator based the award will be included in the arbitrator’s ruling. Any court with sufficient jurisdiction may enter judgment on the arbitral verdict. The arbitrator may provide any relief permitted by law or the AAA Rules, but declaratory or injunctive relief may only be granted on an individual basis and only to the amount required to give relief merited by the claimant’s particular claim.
Waiver of Jury Trial
You and the Company understand and agree that in any arbitrable Disputes, we both waive the right to a jury trial.
Changes to the Arbitration Agreement
If the Company modifies this section (Agreement on Dispute Resolution and Arbitration in the Philippines) after the date you last approved these Terms (or accepted any later changes to these Terms), you may reject that change by providing us written notice (including by email) within 30 days of the effective date of the change. However, rejecting a new change does not revoke or modify your prior consent to any earlier agreements to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.
No Representative or Class Actions
You and the Company acknowledge and agree that, to the greatest extent permitted by law, we each waive our right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or other representative or consolidated proceeding. The arbitrator may not consolidate more than one party’s claims and may not preside over any sort of class or representative proceeding unless we agree in writing. If a final judicial determination is made that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy will be severed from this agreement to arbitrate and brought in a court of competent jurisdiction. If a claim, cause of action, or requested remedy is severed as a result of this paragraph, you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will stay until the arbitrator resolves all arbitrable claims, causes of action, and requested remedies.
Class Action Waiver
You and the Company agree that any proceedings to resolve or litigate any dispute, whether in a court of law or through arbitration, will be conducted solely on an individual basis. You agree not to bring any dispute before a court as a class action, representative action, collective action, or private attorney general action.
Severability
If a provision of the Terms is found to be unlawful, in conflict with another provision of these Terms, or otherwise unenforceable, the Terms will remain in effect as if they had been entered into without that unenforceable provision. If two or more provisions of these Terms are deemed to be in conflict with one another, the Company shall have the sole right to choose which provision remains in force.
Updates to This Terms of Use
These Terms of Use may be updated from time to time. When we make modifications to our Terms of Use, we will update the “Effective” date at the top of the page. In addition to posting the amended Terms of Use and “Effective” date, we may choose to notify you of the new Terms of Use in other ways, such as by sending you an email or giving a notification through the Website and/or Services. Unless otherwise specified, any modifications will take effect on the day of publication. If you do not terminate your Account prior to the effective date of the updated Terms of Use, your continuing access to or use of the Website and/or Services will be subject to the revised Privacy Terms of Use.
Miscellaneous
Entire Agreement
These Terms, together with the Privacy Policy and the Cancellation Policy, represent the entire and sole understanding and agreement between the Company and you regarding the Website and any purchase made through the Website. These Terms supersede and replace any prior oral or written understandings or agreements between the Company and you regarding purchased service or services, or the Website.
No Waiver
The omission of the Company to enforce any right or provision in these Terms does not constitute a waiver of such right or provision unless recognized and agreed to in writing by us. Unless specifically stated otherwise in these Terms, the exercise of any of each party’s remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise authorized by law.
Force Majeure
You agree that we shall not be liable to you for anything for which we might otherwise be liable if it is the result of events beyond our control including but not limited to acts of God, war, riot, terrorism, crime, labor shortages (including legal and illegal strikes), embargoes, mail disruptions, communications disruptions, infrastructure failures or shortages, material shortages or other events beyond our control.
Google Terms
Google provides certain translations on the Website. Google expressly disclaims any explicit or implied guarantees connected to the translations, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a specific purpose, and non-infringement. Google Maps/Earth mapping services, particularly the Google Maps API, are used in several aspects of the Marketmind Local Website (s). The Google Maps/Google Earth Additional Terms of Service govern your usage of the service.
Contact Us
If you have any concerns or requests about our Privacy Policy or other privacy-related issues, please contact hello@marketmindlocal.com.
Alternatively, inquiries should be sent to:
The “Corporation”. “Privacy Team” Edbel Suite Pabayo St.-Gomez St. Brgy 9 (Poblacion) Cagayan de Oro City 9000
Please allow up to 5 business days for us to respond to your inquiries.
Please keep in mind that email contacts are not always secure; thus, do not include credit card information or other sensitive personal information in your email correspondence with us.
