Terms and Conditions of Use

Welcome to the McKinley West web site operated by Megaworld Corporation. Megaworld Corporation and its affiliates provide their services to you subject to the following terms, conditions and provisions ("Terms and Conditions"). By accessing, viewing, or using this site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and you accept and agree to be bound by these Terms and Conditions of use, which, together with our privacy policy, govern Megaworld Corporation’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The content of the pages of this website is for your general information and use only. Megaworld Corporation reserves the right to change these Terms and Conditions and the contents of this website at any time and for any reason without notice, and your continued use of this site following any modifications will be deemed to constitute acceptance of such modifications. Unauthorized use of this website may give rise to a claim for damages and/or constitute a criminal offense.

Disclaimers.

THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. WHILE MEGAWORLD CORPORATION ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. THERE MAY BE INSTANCES WHEN THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OFFERED ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUTDATED INFORMATION. MOREOVER, MEGAWORLD CORPORATION MAY MAKE MODIFICATIONS OR CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON WITHOUT NOTICE. MEGAWORLD CORPORATION IS NOT RESPONSIBLE FOR AND NEED NOT HONOR TYPOGRAPHICAL OR PRICING ERRORS ON THE SITE.

YOU ASSUME THE SOLE RISK OF MAKING USE OF OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. MEGAWORLD CORPORATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS SITE FOR ANY PURPOSE, EXCEPT AS SET FORTH IN THE MEGAWORLD CORPORATION WARRANTY POLICY STATEMENT APPLICABLE TO PRODUCTS SOLD ON THE MEGAWORLD CORPORATION WEBSITE. ALL INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH MEGAWORLD CORPORATION SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.

IN NO EVENT SHALL MEGAWORLD CORPORATION BE LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MEGAWORLD CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY RELATED TO THE USE OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID IN CONNECTION WITH THE SUBJECT MATTER IN DISPUTE.

THIS WEBSITE CONTAINS MATERIAL WHICH IS OWNED BY OR LICENSED TO MEGAWORLD CORPORATION. THIS MATERIAL INCLUDES, BUT IS NOT LIMITED TO, THE DESIGN, LAYOUT, LOOK, APPEARANCE AND GRAPHICS. REPRODUCTION IS PROHIBITED OTHER THAN IN ACCORDANCE WITH THE COPYRIGHT NOTICE, WHICH FORMS PART OF THESE TERMS AND CONDITIONS.

FROM TIME TO TIME THIS WEBSITE MAY ALSO INCLUDE LINKS TO OTHER WEBSITES. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE TO PROVIDE FURTHER INFORMATION. THEY DO NOT SIGNIFY THAT WE ENDORSE THE WEBSITE(S). WE HAVE NO RESPONSIBILITY FOR THE CONTENT OF THE LINKED WEBSITE(S).

EVERY EFFORT IS MADE TO KEEP THIS WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, MEGAWORLD CORPORATION TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND ITS CONTROL.

Submissions.

Megaworld Corporation welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, information, or any other content you contribute to Megaworld Corporation or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for Megaworld Corporation to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content, without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Megaworld Corporation will not infringe upon or violate the rights of any third party.

Indemnity.

You agree to indemnify, defend, and hold harmless Megaworld Corporation its affiliates and subsidiaries, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this site or any breach by you of these Terms and Conditions.

Applicable Law.

This site is created and controlled by Megaworld Corporation in the Republic of the Philippines. The laws of the Philippines will govern these Terms and Conditions (without giving any effect to the principles of conflicts of laws) as such laws are applied to agreements entered and to be performed entirely within the Philippines by its residents. Any action to enforce these Terms and Conditions will be brought in the Philippine courts presiding in Makati City, Metro Manila to the exclusion of all other courts and tribunals, and all parties expressly agree to be subject and thus submit to the jurisdiction of such courts. This site is controlled and operated by Megaworld Corporation from its offices within the Philippines. Megaworld Corporation makes no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. Further, Megaworld Corporation makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Entire Agreement.

These Terms and Conditions, together with Megaworld Corporation ‘s privacy policy, security policy, and other rules and policies posted on the site including Megaworld Corporation's Legal Notice, which are hereby incorporated in its entirety as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and Megaworld Corporation with respect to your use of any material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Megaworld Corporation with respect to this site. Any rights not expressly granted in these Terms and Conditions or under any of the documents indicated above are reserved.

General.

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and Megaworld Corporation as a result of these Terms and Conditions or your use of this site. The waiver by Megaworld Corporation of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.