- Service. The Service allows you to book seats (each, a “Seat”) in helicopter rides (each, a Flight) between the locations described on the Website or App.
- Consideration. You may access the Service for free, but in order to book a Seat, you will have to pay a fare, as published on the Website or App, or as otherwise agreed upon between you and ASCENT. By paying, you agree to these Terms of Service and EULA in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
- Changes to the Terms of Service and EULA. The Service is owned and operated by ASCENT. ASCENT books the right to revise the Terms of Service and EULA in its sole discretion at any time and without prior notice to you other than by posting the revised Terms of Service and EULA on the Service. Revisions to this Terms of Service and EULA are effective upon posting. The Terms of Service and EULA will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of the Terms of Service and EULA has been posted by ASCENT to the Service constitutes your binding acceptance of such revised Terms of Service and EULA. Notwithstanding the preceding sentences of this Section 1.c, no revisions to the Terms of Service and EULA will apply to any dispute between you and ASCENT that arose prior to the effective date of such revision.
- Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each, a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the Terms of Service and EULA and (ii) agree to be bound by the Terms of Service and EULA on behalf of such Subscribing Entity.
- Children. ASCENT does not seek to gather information from or about children under the age of 13 through the Service.
- The Service abides by and comply with Civil Aeronautics Administration Rules and Regulations governing air navigation in the Philippines. By using the Service, you commit to abide by and comply with Civil Aeronautics Administration Rules and Regulations governing air navigation in the Philippines and all other applicable laws and regulations.
- Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any forms required by ASCENT. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, ASCENT books the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.
- Making a Booking
- The Website or App will display Seats available for sale on a number of pre-existing Flights.
- Booking a Seat on a Flight. To book a Seat on a Flight, each passenger will need to provide its legal name, nationality, credit card information, an e-mail address and a cell phone number and go through the steps necessary on the Website to complete your purchase. YOUR FLIGHT IS NOT CONFIRMED UNTIL YOU RECEIVE AN ELECTRONIC CONFIRMATION FROM ASCENT. Flights timings will be according to the Philippines timezone, GMT+8.
- Transfer of your Seat to someone else.
- Fares and Payments
- Fares. The fare for each Seat will be displayed on the Service. Fares are due and payable upon purchasing a Seat.
- Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the Website. All monetary transactions on the Service take place in Philippine Peso.
- Additional Fees. Additional Fees may also apply for late operations, extraordinary fees, catering requests, ground transportation requests and excess baggage.
- Late Passengers. Passengers must arrive 15 minutes prior to their scheduled departure time for all Flights. Flights may depart up to 5 minutes ahead of their scheduled departure time due to circumstances including, but not limited to, weather, temporary flight restrictions, airport congestion, airport curfews and pilot duty times. Aircraft will not wait for late passengers, and passengers who miss their Pre-existing Flights will forfeit the purchase price.
- Cancellation Policy; Credits and Refunds
- Flights. You may cancel your Seat reservation(s) for an ASCENT Flight by providing notice to ASCENT more than 24 hours prior to the scheduled departure time of the Flight. You can cancel by calling ASCENT at +632 851 0639, all week and public holidays from 7am to 9pm SGT. In the event of a cancellation pursuant to these terms, ASCENT will provide ASCENT credits with the amount charged for the cancelled Seat that may be used for future travel for up to 12 months from the date such credit is issued (“ASCENT Credits”). Said amount is non-inclusive of tax / VAT. ASCENT will not offer cash refunds for any cancellations. A cancellation made less-than 24 hours of flight time will result in a forfeiture of the full ticket fare. NO SHOW are non-refundable.
- Flight Delay Policy.
- From time to time, your Flight may be delayed due to weather, unforeseen mechanical issues, operational issues temporary flight restrictions, airport congestion, or other similar circumstance beyond the control of ASCENT. If your Flight is cancelled or delayed, you will be notified by Team ASCENT via email. In the event weather forecasts look unfavorable and our operators advise us there is a high probability of cancellations due to weather, ASCENT shall endeavor to send notifications of weather delays or cancellations at least one hour prior to your departure time. However, weather conditions change rapidly and there may be circumstances where flights are canceled or delayed for weather or mechanical reasons up until the departure time.
- A Flight with a delay of more than one (1) hour will be deemed as cancelled.
- In order to minimize the passenger impact of cancellations and delays due to weather, unforeseen mechanical events, temporary flight restrictions and airport congestion, ASCENT may reassign you to a different aircraft than the type on which you originally purchased your ticket. Such reassignments may include moving between helicopters and/or helipads.
- If ASCENT has to move your Flight to a time earlier than your scheduled departure time due to weather, unforeseen mechanical issues or Temporary Flight Restrictions and you are unable to make the newly scheduled flight, ASCENT will refund you in the form of flight credits only.
- In the event that a Flight is cancelled, you will have the option of booking on a different Flight at no additional charge or cancelling your Flight and receiving ASCENT credit to your Account for the fare purchased to be used within 12 months from the date such credit is issued . ASCENT’s Cancellation Policy outlined in Section 7 shall apply to anyone cancelling their tickets on a Flight delayed less than 2 hours.
- Ground Transport Guarantee. In the case you do not opt to book on a different Flight or you opt to cancel your Flight as mentioned above and wish to reach the scheduled destination, ASCENT will provide substitutive chauffeur-driven vehicles to said destination only. Car departure times and locations may differ than your original Flight time and pick up locations. You may also be in a car with other passengers. ASCENT shall issue a refund in the form of Flight credits only which may be used for future travel for up to 12 months from the date such credit is issued.
- The helicopter pilot (the “Pilot”) has the final say. For reason of safety, the Pilot may refuse to fly, or land at any airport or landing area of destination due for instance to bad weather, poor landing facilities or in his opinion, the safety of the aircraft and/or the passengers are endangered. ASCENT will not be liable for delay, damages due to failure of the Pilot to land at area of destination. Also, the Pilot may fly off course to avoid storm, typhoon, and other impediments in air navigation or may land at an airport other than destination. You agree not to hold ASCENT liable for any such cancellation or delay. Resumption of the Flight will be at the discretion of the Pilot.
- Luggage Policy.
- Your luggage will be inspected for size and weight when you arrive to the ASCENT Lounge or point of departure taking into account the following:
Items per pax
Up to 1
Up to 1
Up to 5 kg
Up to 25kg
Abte to fit under a helicopter seat
90cm x 75cm x 43cm
Items with wheels &/or retractable handles will be considered as checked bags
- Golf Clubs are not permitted unless specifically mentioned. If you have excess or oversized baggage – a member of the ASCENT Team reserves the right to disallow a bag or bags that are deemed too heavy or large. In this case, ASCENT will put the luggage on an other mode of transport to the traveler’s destination. If there is room, ASCENT will make an effort to place your item on a your Flight or a later flight. The following items must be on your person or in the cabin with you and are prohibited from being in your checked baggage: Electronic smoking devices and e-cigarettes. Lithium batteries, all consumer electronic & medical devices (watches, cameras, cellular phones, lap-top computer, camcorders, and hearing aids, etc.) containing lithium cells or batteries, and spare lithium batteries and cells for these devices.The following items are not permitted: Galaxy Note 7, Contraband, Hoverboard, Firearms, Aerosol cans. Regarding Contraband, you warrant that no contraband shall be loaded in the aircraft and that you are prepared upon request to allow inspection thereof of ASCENT and/or pilot and to show evidence with respect to each times in load, that the same is not contraband in nature. Should ASCENT and/or pilot have any doubt as to the status of any item or items to be loaded, the same shall not be taken aboard and if the same is already on board, it shall be unloaded without question. If due to reasons the luggage or cargo is classified as such or being suspected of this reason, the Flight shall be discontinued and you shall nevertheless be liable for the full amount of the Flight price without prejudice to his reimbursing ASCENT for all expenses the latter may have incurred by reason of or as a consequence thereof. If despite the above inspection a contraband was successfully loaded and intercepted by government agents, you shall assume, and hold ASCENT free and harmless from any liability thereof, and indemnify the latter for any expenses, losses, and/or damages resulting therefrom.
- Luggage above 25 kg will be transported by surface transportation only. In case of surface transportation of luggage, ASCENT will do everything in its power to deliver the luggage by the quickest and most direct route to the destination agreed with you via ASCENT concierge. Luggages will be picked up four (4) hours before the Flight departure time at the location agreed with you via ASCENT concierge. In case of loss or damage of luggage, relevant provisions of the Montreal Convention will apply.
- Passenger Seating. ASCENT may assign specific seats to passengers on Flights at the air carrier’s request based on the weight and size of the passenger and the aircraft.
- Refusal To Transport. ASCENT may, in its sole discretion, refuse to transport or may remove from an aircraft at any point any passenger for one or several reasons, including but not limited to: (i) failure by the passenger to comply with the rules of these Terms of Service or disobeying specific instructions given by aircraft pilots in the interest of safety; (ii) conduct of the passenger that in the judgment of ASCENT or the helicopter operator is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise inimical to the comfort of other passengers or to safety of the flight; (iii) appearance by the passenger that he/she is intoxicated or under the influence of drugs or alcohol to a degree that refusal or removal may be necessary for the comfort and safety of the passenger, other passengers, or the flight crew. Unauthorized photography in the ASCENT lounges or on Flights may also be deemed reason for refusal to transport.(iv) whenever such action is necessary under government regulations; or whenever such action is necessary by reason of weather conditions, force majeure or causes beyond the reasonable control of ASCENT.
The tickets of any passenger refused passage or removed enroute under the provisions of this Section 12 will be refunded to the passenger. Such a refund shall be the sole recourse of any Passenger refused passage or removed enroute. UNDER NO CIRCUMSTANCES WILL ASCENT BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE.
- Material Terms: As provided in greater detail in the Terms of Service and EULA (and without limiting the express language of this EULA), you acknowledge the following:
- the Digital Solution is licensed, not sold to you, and that you may use the Digital Solution only as set forth in the Terms of Service and EULA;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network carrier’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- disputes arising hereunder will be resolved by binding arbitration only. By accepting this EULA, as provided in greater detail in Section 17 of the End EULA; and
- Scope of License. the Digital Solution is licensed, not sold, to you for use only under the terms of this EULA. ASCENT reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, ASCENT hereby grants you a personal, non-exclusive, limited, revocable, non-transferable license to use the Service solely for your personal, non-commercial use, and to use the Digital Solution on a single compatible device that you own or control. You may not modify, alter, reproduce, distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Digital Solution or Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by ASCENT that replace and/or supplement the original Digital Solution or any other portion of the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
- Service Security. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at ASCENT’s sole discretion. ASCENT reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
- Third Party Materials.
- You understand that by using the Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content from ASCENT (collectively (including Third Party Materials), “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the Service, and rely upon any Content accessible through the Service, at your sole risk and that ASCENT will not have any liability to you for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
- You agree and understand that the Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you will not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that ASCENT is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal, or other harmful messages or transmissions that you may receive as a result of using the Service.
- In addition, third party services and Third Party Materials that may be accessed from, displayed on, or linked to from your device are not available in all languages or in all countries. ASCENT makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. ASCENT and its licensors book the right to change, suspend, remove, or disable access to such services at any time without notice. In no event will ASCENT be liable for the removal of or disabling of access to any such services. ASCENT may also impose limits on the use of or access to certain services at any time, in any case and without notice or liability.
- Your use of the Service and the content. You rights to use the Service are expressly conditioned on the following:
- You may access the Service for your personal and informational purposes only, and solely as intended through the provided functionality of the Service and as permitted under this EULA.
- Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Service.
- Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without ASCENT’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without ASCENT’s express written consent:
- altering, defacing, mutilating, or otherwise bypassing any approved software through which the Service is made available; and
- using any trademarks, service marks, design marks, logos, photographs, or other content belonging to ASCENT or obtained from the Service.
- You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the Service (including Content and collectively, “Service Materials”) designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Service or Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service or Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by ASCENT.
- You agree not to use, display, mirror, frame, or utilize framing techniques to enclose the Service or the Content, or any portion thereof, through any other application or website, unless and solely to the extent ASCENT makes available the means for embedding any part of the Service or the Content.
- You agree not to access, tamper with, or use non-public areas of the Service, ASCENT’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of ASCENT’s providers.
- You agree not to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including ASCENT employees.
- You agree not to provide any false personal information to ASCENT.
- You agree not to create a false identity or impersonate another person or entity in any way.
- You agree not to solicit, or attempt to solicit, personal information from other users of the Service.
- You agree not to restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users of the Service.
- You agree not to use the Service, without ASCENT’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
- You agree not to gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state, or local laws or regulations or the EULA.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
- Third Party Software. The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the Digital Solution, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the Digital Solution in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
- Ownership. The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of ASCENT and its licensors. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved.
- Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending ASCENT or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to ASCENT, you agree that:
- ASCENT has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and ASCENT is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- You irrevocably grant ASCENT perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
- Termination. The EULA is effective until terminated by you or ASCENT. Your rights under this EULA will terminate automatically without notice from ASCENT if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). Upon any termination of this EULA, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the Digital Solution.
- Indemnity. You agree to indemnify and hold ASCENT, and its members, employees, agents, successors, and assigns 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 to (a) your access, use, or misuse of the Service or Content, or (b) your violation of this EULA. ASCENT will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if ASCENT is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address for you, your indemnification obligation will continue notwithstanding ASCENT’s inability to contact you in a timely manner.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THE PACKAGE, AND SERVICE MATERIALS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PACKAGE, AND ALL SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ASCENT HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASCENT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE, PACKAGE, OR SERVICE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, THE PACKAGE OR SERVICE MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENT OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE EULA. SHOULD THE SERVICE, PACKAGE, OR SERVICE MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ASCENT OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ASCENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ASCENT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO ASCENT BY YOU IN THE PRECEDING TWELVE (12) MONTHS OR FIVE THOUSAND PHILIPPINE PESOS (₱5,000.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
ASCENT DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. ASCENT OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
ASCENT MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT ASCENT DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE ASCENT FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT ASCENT DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND ASCENT WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. ASCENT WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING ASCENT’S SERVICES RESTS SOLELY WITH YOU. ASCENT WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE ASCENT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
IN NO EVENT WILL ASCENT, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE, PERSONS YOU MEET THROUGH THE SERVICE OR FLIGHTS YOU BOOK THROUGH THE SERVICE.
- THIRD PARTY DISPUTES. ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE ASCENT AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Dispute Resolution.
- Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND ASCENT AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION IN SINGAPORE TO THE EXCLUSION OF THE ORDINARY COURTS, IN ACCORDANCE WITH THE ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE (“SIAC”) (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE EULA OR YOUR USE OF THE SERVICE. The place of arbitration shall be in Singapore and the language of the arbitration shall be English. The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the President of the Court of Arbitration of the SIAC. The arbitral award made and granted by the arbitrator shall be final, binding and incontestable, may be enforced by the Parties against the assets of the other Parties wherever those assets are located or may be found and may be used as a basis for judgement thereon in Singapore or elsewhere. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit http://www.siac.org.sg/.org for more information about arbitration.
- Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which ASCENT seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this EULA t by ASCENT or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against ASCENT, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this EULA.
- Claims. You and ASCENT agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Improperly Filed Claims. All claims you bring against ASCENT must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, ASCENT may recover attorneys' fees and costs up to two hundred fifty thousand Philippine Pesos (₱250,000)(, provided that ASCENT has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- Modifications. In the event that ASCENT makes any future change to the Mandatory Arbitration provision , you may reject any such change by sending us written notice within thirty (30) days of the change to ASCENT’s, in which case your account with ASCENT and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this EULA.
- Governing Law. The governing law is Singapore law.
- Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of ASCENT.
- Survival. The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections Titled: The Service, Your Use of the Service and Content, Third Party Software, Consent to Use of Data, Ownership, Feedback, Termination, Indemnity, No Warranty, Limitation of Liability, Third Party Disputes, Dispute Resolution, Governing Law, Assignment, Survival, Consent to Electronic Communications, Miscellaneous, and Contacting ASCENT.
- Contacting ASCENT. You can contact ASCENT. by email at firstname.lastname@example.org.
- Service Claims. Any claims related to the use of the Service must be sent via email at email@example.com within five (5) working days after the use of the Service. The claim letter must be drafted in English. ASCENT shall be granted ten (10) working days within which to investigate, evaluate and adjudicate the claims. Claims not supported by reasonable evidence upon filing of said claim shall be deemed waived or invalid and ASCENT will assume no responsibility whatsoever.