GODEL CHOCOLATE FACTORY & SHOWROOM EVENTS
Terms & Conditions
Welcome to GODELCHOCOLATE.COM (the “Site”). Please read the following Terms and Conditions of Use Agreement (this “Agreement”) carefully before using the Site. The following Agreement governs your use of the Site. By accessing and using the Site, you signify and acknowledge your acceptance of this Agreement. Please read this document very carefully. Your acceptance of this Agreement provides you with a limited, temporary and non-exclusive license and permission to use the resources of the Site, as well as the opportunity to purchase tickets for our events. This limited, temporary and non-exclusive license and permission are freely revocable at any time, for any reason whatsoever, and with or without notice, by JCG MARKETING GROUP, INC. (the “Company”), trademark owner of GODEL CHOCOLATE, as described more fully below. If you do not agree to this Agreement, please do not use the Site or purchase tickets for our events. Please print a copy of this Agreement for your records
1. Booking Procedure:
a. Online reservations can be made via https://events.godelchocolate.com.
b. Modes of Payment: BDO/Metrobank transfer (offline), GCash and credit card via Paymongo (online)
c. Full payment via bank transfer is required within 72 hours of booking via the website. Otherwise, customer’s booking will automatically be forfeited. An extension may be allowed only if discussed and approved through the events coordinator prior to deadline.
d. Upon completion of payment, an email will be sent with customer’s booking confirmation considered as the ticket/pass to the event.
2. Cancellation Policy:
a. A booking may be canceled or rescheduled for a minimum of 72 hours (3 days) prior to the event. Cancellations may only be exchanged for a Credit Voucher.
b. A booking may be canceled for a minimum of 72 hours (3 days) prior to the event but can only be exchanged for a Credit Voucher.
c. Credit Vouchers do not expire and may be used for any Godel Chocolate event (tour, workshop, training, etc) at a later date. Only actual value of the amount paid will be acknowledged as credit.
d. Credit vouchers can be gifted to others and may also be redeemed for single purchase only.
e. Cancellations must be communicated by email to firstname.lastname@example.org no less than 72 hours before scheduled date and time to request a Credit Voucher.
f. Credit Vouchers are non-refundable.
g. The event will presumably take place at the confirmed date and time. It will run regardless of weather conditions. In the event that Godel Chocolate is forced to cancel the event, ticket-holders will be allowed to reschedule to another time (subject to availability).
TICKETS ARE ONLY VALID FOR SELECTED DATE AND TIME OF EVENT. CASH PAYMENTS AND WALK IN GUESTS WILL NOT BE ACCEPTED.
3. Intellectual Property:
All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example and without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by the Company, and/or the Company’s affiliated entities, licensors and/or suppliers. You may use the content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to the site, you may do so upon written notice to the company, provided you agree to immediately cease such link upon request from the site. No other use is permitted without prior written permission of the site. The permitted use described in this paragraph is contingent on your compliance at all times with this agreement.
You may not, without the prior, written approval of the Company: (i) republish any portion of the content on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache, (ii) distribute any content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content, or (iv) scrape or otherwise copy our content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Requests to use content for any purpose other than as permitted in this agreement should be directed to email@example.com.
3a. Infringement Complaints:
The site respects the intellectual property of others. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at firstname.lastname@example.org.
4. User-Provided Information and Content:
By providing information to, communicating with, and/or placing material on the Site (collectively, “User-Provided Content”), you represent and warrant that you, in consideration of being allowed to use the Site, irrevocably and unconditionally grant, transfer and assign all right, title and interest in and to the User-Provided Content to the Company, its affiliates and related entities, including the Site. You represent and warrant that, as a result of this grant, transfer and assignment, you will retain no ownership rights in and to the User-Provided Content whatsoever. You acknowledge and agree that all rights in this paragraph are granted without the need for additional compensation of any sort to you and that you are waiving any claim against the Company, the Site, and the affiliates of the foregoing, arising directly or indirectly out of the User-Provided Content.
Without limiting the other provisions of this Agreement in any way, you represent, warrant, acknowledge and agree that: (i) the Company solely owns all Content and User-Provided Content and retains the unfettered right to modify any portion of the Site; and (ii) the Company will, in its sole discretion, be constantly making changes to the Site by modifying, adding or eliminating features, functions and abilities.
5. Transactions and e-commerce on our site:
During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, other contact information will be made available so you can reach us and place your order directly. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
6. General disclaimer and limitation of liability:
While the company and the site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. The company and the site do not represent or warrant that use of any content will not inadvertently infringe rights of third parties. The company and the site have no responsibility for actions of third parties or for content provided or posted by others. Use of the site is at your own risk. All content is provided “as is” and “as available.” Neither the company, the site, nor any of their affiliated or related companies, nor any of the past, present or future employees, officers, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding the site, the content, any advertising material, information, products or services available on or through the site, and/or the results that may be obtained from use of the site or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. The company, the site, and the affiliates of the foregoing are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property.
In no event shall the company or the site, including their affiliates, employees, officers, agents, content providers and licensors, be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content of the site, or any errors or omissions in the content, even if advised of the possibility of such damages. In no event shall the company, the site, or their affiliates, employees, officers, agents, content providers or licensors be liable for any amount for direct damages in excess of PHP1000.
you agree to indemnify, defend and hold harmless, the company and the site, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of the site; (2) the company or the site’s use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your account, even if not posted by you; (4) your participation in any of the events offered through the site; and (5) any violation of this agreement by you.
8. Waiver and Release of Claims:
By virtue of purchasing tickets for and/or participating in the events offered by JCG Marketing Group, Inc., and in consideration of being allowed to purchase said tickets and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you understand, acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on same:
A. Participant desires to participate in the tours, events, classes, or activities offered by the Company (the “Experiences”).
B. Participant is in good health and suffers from no physical or mental injury, illness or disability that would make Participant especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Claims.
C. Participant fully comprehends and accepts all of the risks associated with his/her participation in the experience including, without limitation, exposure to unfavorable weather conditions, food sickness, allergies, health issues including risks associated with COVID-19, theft of or damage to Participant’s property, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
D. Participant grants to the Company and the Company’s successors and assigns an irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.
E. PARTICIPANT’S PARTICIPATION IN THE EXPERIENCE(S) IS AT PARTICIPANT’S OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, EPEEK PRO, (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE EXPERIENCE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO PARTICIPANT, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, HEALTH ISSUES INCLUDING RISKS ASSOCIATED WITH COVID-19, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE EXPERIENCE(S) TO THE MAXIMUM EXTENT PERMITTED BY LAW.
F. This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
G. None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.
H. This Waiver and Release of Claims shall be governed by and construed in accordance with the laws and decisions of the Philippines as applied to agreements entered into and fully performed within the Philippines. The courts sitting in the Philippines shall retain the exclusive jurisdiction over any disputes arising under or related to this Waiver and Release of Claims, and Participant expressly consents to the personal jurisdiction of same. No action may be brought against the Company as a class action.
Participant understands that by providing their email address below they are agreeing to receive occasional offers and news from Godel Chocolate. At any point the participant may unsubscribe from any email by simply clicking the unsubscribe link located at the bottom of any email.
9. International Users:
The Site is controlled, operated and administered from within the Philippines. The Company and the Site make no representation that materials, Content, or Chat Content available through the Site are appropriate or available for use outside the Philippines and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content or Chat Content in violation of Philippine export laws and regulations. If you access the Site from a location outside the Philippines, you are responsible for compliance with all applicable laws.
The Company and the Site reserve the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes.
The Company and the Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Company and the Site may deny access to any person or user at any time for any reason. In addition, The Company and the Site may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company, the Site or any of their assets.
This Agreement shall be governed by and construed in accordance with the laws of the Philippines, as applied to agreements entered into and to be fully performed within the region, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Company or the Site (including, without limitation, related to your participation in any events) must be filed in Metro Manila, Philippines, within 180 days of the time in which the events giving rise to such claim occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of the Company or the Site to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Site, and all other provisions for which survival is equitable or appropriate.
This Agreement also hereby incorporates in full by this reference the terms and conditions contained in the site www.godelchocolate.com