Terms and Conditions
IMPORTANT: PLEASE READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS (“Terms”) CAREFULLY.
By accessing or using the pages in www.motorclyde.com or any other world wide website owned, operated, licensed, or controlled by Motorclyde International Inc. (“MII,” “Motorclyde,” “we” or “us”) and/or installing, accessing, or using any mobile applications (e.g., Apple iOS and Android OS devices and any updates, upgrades, and any other software or documentation which enables you to use such mobile application), mobile websites, email newsletters and subscriptions, and other digital properties (collectively, the “Online Services”) you agree to abide by these Terms or any amendment that we may introduce from time to time. Insofar as applicable, these Terms shall also apply to training, dine-in, event attendance, merchandise purchase, maintenance payments and our other encounters with you (“Services”). By accepting these Terms, you also understand and consent to Motorclyde’s Privacy Policy, which is incorporated into, and made part of these Terms.
At Motorclyde, we strive to do everything we can to respect the trust customers have in our brand and our commitment to your privacy is no exception. We are committed to protecting and safeguarding consumer privacy on the internet. The Online Services are not intended to be used by, or targeted to, anyone under eighteen (18) years old. You must at least be 18 years old to use the Online Services.
By the access and/or use, and the continued access and/or use by you of the Online Services, you are assumed to have given your consent and permission as a person aged 18 years old and above for such continued access and/or use, and are deemed to have agreed to the Terms.
About the Online Services.
Where applicable. While the Online Services may be accessible from other parts of the world, the products and services described or featured in the Online Services are available only in the Philippines. Except as described otherwise, all materials in the Online Services are made available only to provide information about MII or Motorclyde, including our products or services. Motorclyde controls and operates the Online Services from its headquarters in Sto. Tomas, Batangas, Philippines and makes no representation that these materials are appropriate or available for use in other locations. If you use the Online Services from other locations, you are responsible for compliance with applicable local laws.
Obey all traffic and safety laws. Whenever you use the Online Services, you agree to obey existing traffic and safety laws and rules and regulations, especially those relating to the responsible use of mobile or communication devices while driving.
You are responsible for devices, software, internet access, and accounts. In order to use the Online Services, you are required to have a compatible device, software, and internet access. While the version of the Online Services may be upgraded from time to time to add support for new functions and services, Motorclyde does not represent herein nor guarantee that the Online Services will be compatible with all operating systems, devices, or software. You are also responsible for any messaging and data charges, fees, and taxes for your use of the Online Services, including when we communicate with you by text, email, or other means. You may only use the Online Services with devices that you own or control and using only the authorized operating system applicable to your device. If you create an Online Services account, you are responsible for keeping the account secure, updating or maintaining accuracy of all information, and for all activities under such account.
Availability of the Online Services. Motorclyde will use reasonable efforts to make the Online Services available at all times. However, you acknowledge that the Online Services is provided over the internet and so the quality and availability of the Online Services may be affected by factors beyond Motorclyde’s control. Motorclyde, its subsidiaries, affiliates, and franchisees do not accept any responsibility whatsoever for the availability or reliability of the Online Services, or for any difficulty or inability to download or access content or any other communication system failure which may result in the Online Services being unavailable, or for any effect that the Online Services and/or its use may have on any device. You further understand and agree that Motorclyde does not guarantee any support or maintenance for the Online Services.
Responsible Use of the Online Services. You must follow these Terms whenever you use the Online Services. You may use the Online Services only as may be permitted by existing laws. Possible evidence of use of this Online Services for illegal purposes will be provided to law enforcement authorities.
All materials/content found in our Online Services may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without our prior written consent EXCEPT you may download one copy of these Terms and Motorclyde Privacy Policy on one computer for your personal, non-commercial, home use only. You may not delete or change any copyright, trademark, or other proprietary notices which may be incorporated in these Terms and Motorclyde Privacy Policy. Modification or use of these Terms and Motorclyde Privacy Policy for any other purpose violates Motorclyde intellectual property rights.
When an Online Service requires or includes downloadable software, the software, including all files or images contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Motorclyde, it being understood that such license shall be personal, worldwide, royalty-free, non-assignable, non-exclusive, and revocable. This license is for the sole purpose of enabling you to use and enjoy the Online Services. The Software may be updated by us automatically on your device once a new version, function, or service is available.
Neither title nor intellectual property rights are transferred to you but remain with Motorclyde who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. You will not, nor will you request, engage, induce or otherwise make another person, juridical or otherwise, allow, consent to or otherwise agree with third persons, juridical or otherwise, to (i) make and/or distribute copies of the Online Services and Software (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Online Services and Software; or (iii) create derivative and/or related works of the Online Services and Software of any kind whatsoever.
We reserve the right to suspend any Online Services account or prevent you from using our Online Services if you do not comply with these Terms or if you are suspected of misusing the Online Services. We also reserve the right to investigate complaints or reported violations of these Terms and to take any action that Motorclyde deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or third parties.
Right to update or terminate the Online Services. You understand and agree that Motorclyde may update, modify or terminate the Online Services (including any feature, functionality or your access) from time to time, with or without notice to you. You hereby agree that Motorclyde may push updates to your device where any Online Service is used or installed. Upon any termination, all rights and licenses granted to you herein shall automatically and immediately terminate, and you must cease all use of the Online Services. However, these Terms shall continue to apply to your prior use of the Online Services. Upon termination, all rights of Motorclyde, including all intellectual property rights, proprietary rights, and licenses in these Terms shall survive, as well as all restrictions on use, limitations of liability, and disclaimers.
Independence of Franchisees. While MII operates and controls the Online Services, it is not responsible for the operation of ALL Motorclyde locations in the Philippines. Many of the facilities are instead owned and operated by independent franchisees and/or MII’s subsidiaries (each, a “Facility”). Each Facility is solely and independently responsible for its legal and regulatory compliance, for any issues relating to any training, food orders, parts and accessories, merchandise, and services, and for any employment-related matters in the Facility.
1. Our information practices and communications with you.
Motorclyde Privacy Policy. We value your privacy and protect your personal information. Any personal information you supply to Motorclyde when using the Online Services will be used by Motorclyde in accordance with our Motorclyde Privacy Policy. By using the Online Services you hereby consent to the use by Motorclyde, our subsidiaries, affiliates, franchisees or other trusted businesses or persons who process the information for us (the “Data Users”) of your personal information, and any other information supplied by you in, or acquired by us through your use of, the Online Services. You understand that by using the Online Services, you provide express consent for our authorized Data Users to use any information you supply for purposes of tracking and performing analytical services or functions relative to the use of the Online Services, completion of transactions done through the Online Services (including, but not limited to, verification of data for purposes of delivery of products or services, and in-site notifications or “pop-ups”) and marketing programs and information that you opted to receive (including, but not limited to, event announcements, contests, discount coupons, new product or service information, and the like), transactional, and other messages. The Motorclyde Privacy Policy explains how your personal information is collected, used, and disclosed in relation to the Online Services. While Motorclyde always strives to require third parties with whom it has agreements, to comply with Motorclyde Privacy Policy and any other pertinent Data Privacy Laws, regulations or policies, you acknowledge that Motorclyde shall not be responsible for any violation of policy, nor for actions, omissions or negligence of any third party and agree to hold harmless Motorclyde, its officers, directors, or employees for any claim arising from such violation.
How we communicate with you. You may opt to receive emails, text messages or push notifications from Motorclyde. When you opt in to any of these types of communications, you understand and consent that you will receive marketing, transactional, and other messages from Motorclyde.
Opting out of communications, generally. You may opt out of communications at any time and may manage such preferences through the Online Services or through our Help Desk: help@motorclyde.com. In addition, email and text messages that you may receive from us will also allow you the opportunity to opt out. However, you understand and agree that you may need to separately manage your communication preferences for each Online Service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications is to close, disable, or delete your Online Services account. Lastly, please note that Motorclyde cannot control communications sent directly by each Facility, in which case, you will need to opt out from them directly.
2. Product and Service Orders and Related Matters.
This section applies to orders you may place using the Online Services.
Direct purchase from Facility. When you order any product or service using the Online Services, you understand that you submit orders directly to a participating Facility and the contract for supplying the products or services will be between you and the Facility that accepts your order. The Facility where you collect your products or receive your services is responsible for preparing the products or services and providing them to you. YOU UNDERSTAND AND AGREE THAT MOTORCLYDE, ITS SUBSIDIARIES, AFFILIATES, OTHER FRANCHISEES, AGENTS, REPRESENTATIVES, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES DO NOT HAVE ANY RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS OR SERVICES THAT YOU PURCHASE DIRECTLY FROM FACILITIES.
Products featured in the Online Services. All products and services are subject to availability. Some Facilities, including the Facility nearest your location, may not carry all of the products and services featured in the Online Services. Images of products and services on the Online Services are examples only and may not be identical to the product or service you receive from a Facility. Differences may be due to your device’s display of colors or factors such as suppliers, supply availability, instructor / coach availability, weather conditions, and unforeseen closures of the Facility or access to the Facility including roads and public works.
Ordering the products and services. Orders received via the Online Services shall be assigned or routed to the Facility nearest your location. However, Motorclyde reserves the right to change the Facility assigned to fulfill your orders for any reason.
Paying for the products. You may choose your payment method, either cash on delivery or by way of cashless modes of payment (such as, but not limited to: e-wallet, mobile wallet, credit, debit or prepaid cards, wire transfers, net banking, UPI apps, etc.). You understand that Motorclyde uses third party providers to securely store your cashless payment mode information and to process your payments. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE THE CASHLESS PAYMENT MODE IN ANY TRANSACTION.
You understand and agree that notwithstanding the receipt of any order confirmation, whether via electronic mail, facsimile, phone call or otherwise, the delivery of your order by Motorclyde or of any Facility and receipt of the payment corresponding to the same, shall constitute the sole act of final acceptance by Motorclyde/Facility of such order. Please note that you may be required to verify any information or present a valid identification prior to the acceptance or delivery of any order.
Order changes, cancellations, and refunds. If you wish to modify or cancel your order prior to delivery, you may call +63 930 0007626. Motorclyde, however, reserves the right to refuse any modification or cancellation in case the order has already been prepared or dispatched for delivery prior to receipt of your request. This policy applies to both cash and cashless transactions.
In case of cashless transactions, you understand and agree that the full amount of the product ordered will be charged to your account when the request for a cancellation or modification does not conform to the above-mentioned policy. Further, you also understand and agree that the same policy shall apply even in case you refuse to accept any product delivery.
If you wish to request for a refund, you may call +63 930 0007626 or email us at help@motorclyde.com. Requests for refund shall only be allowed if made within twenty (24) hours from time that the product was delivered and only for the following reasons: (i) order was not received, (ii) is incomplete, (iii) incorrect and/or (iv) was charged a price different from the actual price of the product. Except in cases where the order was not received, the product delivered must be returned to the Restaurant in its original packaging. For transactions paid by way of cashless modes of payments, the refund amount will be credited back to the account used in the original transaction and may be subject to separate processing requirements (including, processing time) of your issuing bank or third party provider. Applicable fees and charges may be deducted from the total amount.
If you are not satisfied with your order, you may direct your concerns to +63 930 0007626 or email us at help@motorclyde.com.
Availment of senior citizen/PWD discount. The Expanded Senior Citizens Act of 2010, Magna Carta for Persons with Disability (“PWD”) and other relevant rules and regulations entitles resident Filipinos who are senior citizens (at least 60 years old) and PWDs (with long-term, physical, mental, intellectual or sensory impairment) to a twenty percent (20%) discount on purchases for their exclusive use and enjoyment. These laws require the presentment of the following:
- For senior citizens - must present his/her original senior citizen identification (“ID”) issued by the Office of the Senior Citizen Affairs in the city or municipality where the senior citizen resides, or any government-issued ID, which reflects the name, picture, date of birth and nationality of the senior citizen.
- For PWDs – must present his/her original PWD ID issued by the Persons with Disabilities Office or the city/municipality Social Welfare and Development.
In cases where orders will be placed or received by another person on behalf of the senior citizen/PWD, a currently-dated authorization letter must be presented and surrendered to the Restaurant together with the original senior citizen or PWD ID, and the original ID of the authorized representative.
For orders placed via the Online Services, the senior citizen or PWD ID numbers must be indicated upon order placement. Upon delivery, the senior citizen/PWD must present his/her original ID. In the event that another person will receive the delivery on behalf of the senior citizen/PWD, a currently-dated authorization letter must be presented and surrendered to the rider together with the original senior citizen or PWD ID, and the original ID of the authorized representative.
Motorclyde reserves the right to charge the full amount of all purchases upon failure of the senior citizen/PWD (or, anyone acting on his/her behalf) to present all documents required to prove discount entitlement.
Should you have any questions on your senior citizen/PWD discount, you may call +63 930 0007626 for assistance.
Delivery Service Areas/Operating Time. Motorclyde reserves its right to modify, limit, or restrict delivery service areas or operating hours for various reasons including ensuring the safety and security of our riders and delivery partners.
3. Ownership and Licenses for the Online Services.
Intellectual property ownership. All trademarks, copyright, database rights, and other intellectual property rights of any nature in the Online Services, including all information, data, text, sound, visuals, arrangement thereof, particularly, the “Motorclyde”, “We practice what we teach,” etc., together with the underlying software code (the “Properties”) are owned by or licensed to MII. You are allowed use, such as viewing, downloading, posting, of any of Properties only in connection with or relative to the use of the Online Services and only for purposes of activities and promotions of MII. No other right to use, such as to print, download extracts or elements of the Properties, edit, reproduce, publish, display, store, commercially exploit, etc., any of the said Properties shall be deemed to have been or construed as having been given other than as specified herein without the written consent of MII.
MII hereby grants you a worldwide, non-exclusive, non-assignable, royalty-free, and revocable license to use the Online Services for your personal use only in accordance with these Terms. You understand that no other licenses or rights are granted to you by implication or otherwise, except for the licenses and rights that these Terms expressly grant you.
Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Online Services, are distinctive and protected trademarks or trade names of MII or its licensors. The Online Services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
4. Limitations on liability and disclaimers.
Limitations on liability. Motorclyde will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. You understand and agree that Motorclyde will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, errors, omissions, or other inaccuracies in the Online Services and/or materials or information downloaded through the Online Services, whether based on breach of contract, tort (including, negligence), product liability or otherwise and even if Motorclyde or an authorized Motorclyde representative has been advised of the possibility of such damages. In no event will Motorclyde be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages (including, but not limited to, damages for loss of profits, business interruption, loss of data, programs or information and the like) of whatsoever kind arising out of your use or access to the Online Services, whether or not in the contemplation of the parties. You understand and agree that any claim attributable to Motorclyde or an authorized Motorclyde representative, including all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Online Services.
Disclaimers. The material in the Online Services could include technical inaccuracies or typographical errors. Motorclyde reserves the right to amend or withdraw the Online Services in accordance with these Terms, at any time and for any reason, subject to any limitation as may be provided by law or regulations. THE MATERIALS IN THE ONLINE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MOTORCLYDE DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTORCLYDE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOTORCLYDE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MOTORCLYDE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
External links. The Online Services may be linked to other links or sites which are not maintained by Motorclyde. Motorclyde is not responsible for the content of those external sites. The inclusion of any link to the Online Services does not imply endorsement by Motorclyde of the sites. The Online Services may also contain downloadable materials from these external sites. Motorclyde is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Motorclyde cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Online Services, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. NEITHER MOTORCLYDE OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES OR EXTERNAL LINKS, SITES OR SOFTWARE.
Events beyond our control. You understand and agree that Motorclyde does not have any responsibility for its failure to perform any of its obligations under these Terms caused by or related to any event beyond Motorclyde’s reasonable control. If such event occurs, then Motorclyde’s obligations under these Terms will be suspended for the duration of the event.
5. Submissions and User Submitted Content.
User submissions. Motorclyde welcomes comments and suggestions regarding the Online Services. Please note, however, that Motorclyde does not accept nor consider creative ideas, suggestions, inventions, or materials other than those which it has specifically solicited or requested. If you submit feedback regarding the Online Services, please be specific in your comments and do not submit creative suggestions, ideas, inventions, or other content or information (“User Submission”). For the avoidance of doubt, User Submission expressly excludes those relating to your personal information which is protected by Data Privacy Laws and shall be collected, used, and retained in accordance with Motorclyde Privacy Policy.
You understand and agree that User Submission shall become the property of Motorclyde. Moreover, User Submission, and any content or element contained in these User Submissions shall not be subject to any obligation of confidentiality on Motorclyde, other than as may be limited by law, and Motorclyde shall not be liable for any use or disclosure of any User Submission. Motorclyde shall own exclusively all rights to the User Submission and shall be entitled and have the right to the unrestricted use of the User Submission for any purpose whatsoever, without compensation to you or any other person. Nothing herein creates any obligation on Motorclyde to use any User Submission. Some information submitted through or in the Online Services may not be retained after a certain period. Therefore, the above right to use User Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you have full responsibility for the User Submission, including but not limited to its legality, reliability, appropriateness, originality, and copyright.
6. Social Media Warning (Divulgence Of Personal And Private Information).
Social media provides a platform for users connected to the internet to disclose personal information whether intentionally or unintentionally. By linking your social media account to the Online Services, you are solely responsible for any information you share on your social media account. You are hereby warned to ensure that you do not inadvertently post any information that you do not wish to share in your social media account.
7. Miscellaneous.
Dispute Settlement. You understand and agree that any dispute arising from these Terms shall be submitted to the proper courts of Sto Tomas, Batangas, Philippines. All other venues are hereby expressly excluded.
Governing laws. Notwithstanding any principles of conflicts of law, these Terms will be governed and be interpreted pursuant to the laws of the Republic of the Philippines.
Severability. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Non-waiver. If Motorclyde fails to insist that you perform any of your obligations under these Terms, or if Motorclyde does not enforce its rights against you, or delays in doing so, that will not mean that Motorclyde has waived its rights against you and will not mean that you do not have to comply with these obligations.
Entire Agreement. This is the entire agreement between you and Motorclyde relating to the use of the Online Services.
How to contact us. If you have any questions about the Online Services, our promotions, and these Terms, please contact us at:
MOTORCLYDE INTERNATIONAL INC.
Sto. Tomas- Lipa City Barangay Road
Purok 3, Barangay San Francisco
Sto. Tomas, Batangas 4234 Philippines
Attention: Help Desk
Or send an email to: Help Desk at help@motorclyde.com.