AGAJARDOS provides guidelines and agreement through our terms and conditions. This applies to all visitors who uses the site for any purpose.
Our Terms and Conditions
It is important to read and understand all contents written under these terms and conditions. These are subject to change without prior notice. So, we encourage you to check it from time to time.
Last modified: August 21, 2019
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must refrain from using our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least  years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age or at legal age based on your country.
2. Copyright Notice
2.1 Copyright by our brand, AGAJARDOS
2.2 We, together with our licensors, own and control all the copyright and all other intellectual property and material rights in our website which are reserved.
3. License to use this Website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services by means of a web browser;
(e) share our pages on social media,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website without permission by means of tampering.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license materials from our website;
(c) exploit material from our website for a commercial purposes; or
(d) redistribute material from our website other than social media without our credit.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable Use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means other than search engines;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities to sell or advertise properities without our consent and the publisher.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, non-copyright protected and non-misleading.
5. Inquiries, Rental requests, Published Real Estate and Leads
5.1 Our website includes a section for contact details that you can use to request information about or quotations in respect of rental properties or real estate from the publishers or property owners once you log in.
5.2 Our website includes a contact form that you can use to request other details about or quotations in respect of rental properties which may not be available.
5.3 Inquiries and rental requests or real estate properties for sale posted in our website are classified as leads. Thus being under the international privacy protection act and subject to criminal offense if violated. Which involves harassing people from the contact information provided in this website.
5.4 For publishers and property owners. You grant us (the brand) to publish your contact details if given on your related rental property or real estate for sale. By the permission granted, we can supply the information that you provided through our submission form to potential tenants, buyers and carefully selected partner organizations (including but not limited real estate brokers/agents, leasing departments/managers/specialists, apartment managers referred to in this Section 5 as “suppliers”).
5.5 We may supply the information that you provided through our Post Property form to our visitors or promotion channels and carefully selected partner organizations (including but not limited to real estate brokers/agents, leasing departments/managers/specialists, apartment managers referred to in this Section 5 as “suppliers”).
5.6 Phone and email contact information would only be available for logged in users, Provided that you are giving the consent to be contacted once you providedyour contact information to the public by means of our Post Property form and all stated under section 5.4.
5.7 We may earn a fee in respect of each property that you make with a supplier arising out of a lead that we provide to that supplier.
5.8 We may earn a fee in respect to each property request that we provide to a supplier such as brokers, real estate agents and similar.
5.9 You acknowledge that:
(a) we do not vet suppliers;
(b) we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of suppliers, users, the security of supplier websites, or the accuracy of the information published by suppliers;
(c) we are not involved to any contract between the sale or purchase of goods or services entered into between you and a supplier without our knowledge and consent; in addition,
(d) our website contains information provided by suppliers, and we do not check, audit or monitor the accuracy of that information,
and accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a supplier website, any information provided by a supplier, any offer made by a supplier, or any contract with a supplier.
5.10 We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.
5.11 The provisions of this Section 5 are subject to Section 16.1.
6. Representation of our Brand
6.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).
7. Account Registrations
7.1 To be eligible for an individual account on our website under this Section 7, you must be at least 18 years of age or at a legal age in your country. A parental or guardian consent is advisable if under legal age.
7.2 You may register for an account with our website by completing and submitting the account registration form on our website. And you certify all information provided are true and correct.
7.3 You must not allow any other person to use your account to access the website.
7.4 You must notify us in writing or via our Contact Us form with documental proof immediately, if you become aware of any unauthorised use of your account.
7.5 You must not use any other person’s account to access the website.
7.6 We have the right to ban or delete your account, in accordance to any violation from our terms and conditions.
8. Credentials such as IDs and Passwords
8.1 If you register for an account with our website, you will be asked to choose a user ID and password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Cancellation and Suspension of Account and Services
9.1 We may:
(a) suspend your account for violation or any criminal liablities;
(b) delete your account for related violations or any criminal liablities; .
(c) edit your account details if necessary,
at any time in our sole discretion without notice or explanation, provided that if we cancel any services your purchased from our website that you have paid for and you have not breached these terms and conditions, We will refund to you a pro rated amount of your payment, such amount to be calculated by us, using any reasonable methodology.
9.2 You may cancel or delete your account on our website or including the services you purchased from us by sending an email. You will not be entitled to any refund if you voluntarily cancel/delete your account or any services from our website prior from the end date for time-bound and/or lifetime contracts and/or services.
10. Donations, Subscriptions and Premium Services
10.1 To avail our premium services like ad banners, featured list or exclusive access on certain parts on our website. Consequently, you must pay the applicable premium fees after you have registered for an account on our website. But some subscriptions do not cost you anything such as Promotional Emails or Newsletter and Alert Notifications. We will send you an acknowledgement of your order. If your order is accepted, and please take not of your Transaction ID. We will verify from our account if the Transaction ID is legit and has been paid. We will send you an order confirmation once verified. At which point the contract between us for the services offered on our website shall come into force. As stated under the instructions to read and accept our terms and conditions agreement before making the payment.
10.2 By enrolling or purchasing any of our account, products, services and subscription means you are bound to any of our changes in price, benefits and features if necessary. For so long as your account, service and subscription remains active in accordance with these terms and conditions, You will benefit from the features specified on our website in relation to your subscription type or availed services.
10.3 We may from time to time vary the benefits,prices or features of a certain account, service or subscription on our website and publish for public viewing. Providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality or other necessary factors, We will try our best to notify affected customers but, it is not guaranteed that we could inform them all via email or phone
- additional notes for new revisions of our products and services.
The new revisions on our service terms would apply to all time-bound and lifetime accounts and services and terms stated under section 11.3. For time-bound accounts, subscriptions or services, as long as it is not necessary, we won’t charge for any price difference if the new price is higher. While, no refunds will be given, if the new price is lower from the original price. For lifetime services, you shall have the right to cancel your subscription or services, and we will refund to you a pro rated amount of the paid fee in respect only to your lifetime subscriptions, accounts or services only if covered under the new terms of the newly revised lifetime account, serce or subscription , Such amount to be calculated by us, using any reasonable methodology.
10.4 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions. Your subscription will be automatically cancelled. Unless you renew the account, service or subscription and pay the applicable correspond current fees posted.
10.5 To reiterate, all Advertisements, Premium Accounts, Paid Subscriptions are generally classified as service from our website which have corresponding fees liable to be paid in advance by (you) the client. The client or subscriber agrees that we won’t be held liable for server downtime, as this is beyond our control. We always try our best to get the premium advancement to provide quality service. Portion of the said payments and/or revenue are invested on these technology advancements for an outstanding site performance.
11. Fees and other Costs
11.1 The fees in respect of our website account, services or subscriptions will be set out on our website from time to time. And will be available to the public for viewing. Donations are non-refundable. As well as for paid services, account and subscription, we do not offer any money-back guarantee and are non-refundable if you vountarily cancel it.
11.2 You must pay to us in advance, the current fees corresponding to our website services, account, subscription that you wish to purchase , in cleared funds and good credit standing. In accordance with any instructions on our website.
11.3 We may vary fees (increase or decrease) from time to time by posting new fees on our website. But, this may not affect all fees or features for services that have been previously paid as stated under the section 10. Thus, it wil be clearly stated on the new terms that will be published if certain old accounts, services, products or subscriptions which were previously paid are affected.
11.4 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. We have the right, at our sole discretion, not to grant the dispute by means of our reasonable criteria. And/or as stated under the terms and conditions.
11.5 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 11.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 11.6.
11.6 If you owe us any amount under or relating to these terms and conditions, which remains unpaid we may suspend or withdraw the provision of services to you. And, we may file legal case and preventive action for non-compliance, fraud or breach of contract.
11.7 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off or to make it even and justified.
11.8 Fees can be paid via secured payment methodgateway like Paypal. By making a payment, you certify that you are the account holder or an authorized representative where the funds will be coming from. Thus, the payment will be coming from a Paypal Account, Major Accepted Debit or Credit Cards like Visa, Master Card, American Express and Discover. Wire transfers may be accepted on certain situations. Lastly, we do not accept paper checks regardless of any bank.
12. License of Property Contents
12.1 In these terms and conditions, “your content” means all works and materials (including without limitation to text like information, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
12.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
12.3 You grant to us the right to sub-license the rights licensed under Section 12.2.
12.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.
12.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
12.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
12.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
13. Rules for Property Contents
13.1 You warrant and represent that your content will comply with these terms and conditions.
13.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
13.4 In the event that a copyright has been violated by one of our members or visiors. The website, AGAJARDOS, holds no liability, for the reason that we can’t trace the source of all entries submitted by our members or from anonymous submissions from our visitors. Hence, the copyright owner reserves the right to contact us and request to have the entry be removed from this site as stated on section 14. We will be much willing to abide and delete all related data provided that the copyright owner can present proof of ownership to us as a reference.
14. Report claims, abuse and spam
14.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know. We are not liable for any submitted entries which may violate any copyright or legal coverage. We always instruct and encourage all visitors to provide copyright free and legal entries. Being that said, we have no means to verify each of all submitted entries due to time availability.
14.2 You can let us know by using our Contact Form at the bottom of each page and necessary actions will be taken and we are willing to comply. We shall give you updates if necessary. By all means, we can delete entries which may have violated copyrighted materials provided that you can submit a proof of your claim.
15. Warranties and Limitations
15.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
15.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
15.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
16. Limitation of Liability
16.1 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
16.2 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
16.3 We will not be liable to you in respect of any loss or corruption of any data, database or software.
16.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
16.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer.
17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any other amounts) arising directly or indirectly including:
(a) any breach by you of any provision of these terms and conditions
(b) your use of our website, application and services
(c) long term rental deals you made through our website, application and services
(d) short term bookings and accommodations you made through our website, application and services
18. Violation of these Terms and Conditions
18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
19. Third party websites
19.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendable.
19.2 We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
20. Brand and Trademarks
20.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
20.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
21. Changes or Revisions
21.1 We may in our discretion change these Terms and Conditions, from time to time as long as it’s necessary without notice to you. So, we put the responsibility on you to check these Terms and Conditions whenever possible.
21.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
21.3 If you have given your express agreement to these terms and conditions. We will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify or refuse to agree with the revised terms and conditions, we or you may:
-disable or delete your account, submission or service on the website, and you must stop using the website.
-opt-out you out from any service, subsctiption, account on which terms or conditions you disagree with.
22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
23.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24. Third party rights
24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
24.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
25. Summary Agreement
25.1 Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
26. Law and Jurisdiction
26.1 A contract under these terms and conditions shall be governed by and construed in accordance with Philippine law.
26.2 Any disputes relating to a contract under these terms and conditions shall be subject to the jurisdiction of the courts of the Philippines.
27. Statutory and Regulatory Disclosures
27.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
27.2 These terms and conditions are available in the English language only.
28. Damage to Property Release of Liability
This section will refer to the owner of the listing (including but not limited to landlords, property managers, real estate brokers, real estate agents, leasing departments/managers/specialists, apartment managers or anyone authorised to lease a property) as ‘owner’ and users renting the accommodation as ‘tenants’
28.1 As owner, you agree that you shall not hold us liable for any damages to your property from tenants obtained from the use of the site.
28.2 As tenant, you are responsible for leaving the owner’s property in its original condition.
28.3 As tenant, you agree that you are responsible for your own acts and omissions, as well as the acts and omissions of any individuals whom you invited to the rented property.
28.4 Any settlement for property damages should only be between the parties directly involved. Both owner and tenant acknowledge and agree that we are not part of any agreement that may arise from settling property damages and should, therefore, not have any part or in any way be responsible for performing any obligations set by this agreement.
29.1 You agree that by using the site and availing of our services you do so at your own risk.
29.2 You acknowledge that we have no capacity or any obligation to conduct background checks on all of our users and to verify truthfulness and accuracy of information submitted to us by users of the site. As such, we cannot guarantee the following:
(a) the behaviour and conduct of its users
(b) the quality, accuracy and truthfulness of listings published in the site
(c) the accuracy and truthfulness of personal and contact information provided to us by users of the site
29.3 You agree to take full responsibility and take reasonable precaution in all dealings, communications and interactions with users or any other individuals encountered as a result of using the site.
29.4 You agree that we are not liable for any act or omission of any user of the site or other third party.
30. Our contact details
30.1 This website is owned and operated by AGAJARDOS
30.2 You can reach us through our “Contact Us” page.