Introduction

Welcome to Cinnamon.

Cinnamon is an activity, learning, and events marketplace. We offer both online and in-person experiences and connect customers to people who want to share their skills and passions. The Cinnamon Platform offers an online venue that enables Customers to book activity, learning and events (“Experiences”) offered by Activity Providers (“Activity Providers”).

Activity Providers are passionate individuals who want to share their skills and learnings to the next generation and to people who just want to learn. Our unique onboarding aligns our Activity Providers to our main goal and that is to connect you and your loved ones to experiences that matter and create value. These solutions (“Services”) are offered through our web application that can be accessed at cinnamon.ph while we would love to you support you through our dedicated channel at [email protected].

Cinnamon is owned and operated by CINNAMON EXPERIENCE OPC., a company incorporated and registered under the laws of the Philippines, with principal business address located at Muntinlupa City, Metro Manila 1781.

Please read the following TOU carefully. Please be notified that it is your responsibility, as the user, customer, or prospective customer, to read the TOU in its entirety before proceeding to use this Site.

By interacting, interfacing, accessing, entering, or otherwise using, in whatever form, our Services, Software, and/or Website, you expressly agree to be bound by the terms herein and all other terms incorporated by reference.

If you do not agree to the terms and conditions stated herein, or any part thereof, please cease any use of our Services, Software, and Website immediately.

This TOU is effective as of April 4, 2023.

Acceptance of Terms and Conditions

These Terms of Use (“TOU”) constitute a binding agreement and shall govern the relationship between Cinnamon (“Cinnamon”, “us”, “our”, or “we”) and its users (“user”, “users”, “you,” or “your”) regarding the Services, Software, and Website provided by Cinnamon to users. All Services, Software, and Website, including the Application Programming Interface (“API”) and any functionality services offered on or through the Services, Software, and Website, are provided by Cinnamon to you subject to the TOU and Cinnamon’s Privacy Policy.

All visitors to our site, whether registered or not, shall be classified as a “User” for the purpose of this TOU. Registered users, non-registered users, subscribers, brands, Activity Providers, prospective Activity Providers, affiliates, and any other person or entity who avail of our Service, Software, and Website shall likewise be considered as a “User” for the purpose of this TOU. Furthermore, all persons and/or entities that use the API of any third-party website, Company, or entity and/or that use Cinnamon’s generated API access tokens to enable Integrations or Interoperations with Cinnamon’s Services, Software, and Website are hereby likewise expressly considered as a “User” for the purpose of this TOU.

We reiterate that by interacting, interfacing, accessing, entering, or otherwise using, in whatever form, our Services, Software, and/or Website, you agree to be bound by the terms herein and all other terms incorporated by reference.

Furthermore, you agree to be bound by any additional terms which we may require in connection with any individual service that you may request from us. However, in the event of any conflict between the provisions of this TOU and such additional terms, this TOU shall be controlling.

If you do not agree to the terms and conditions stated herein, or any part thereof, please cease any use of our services, software, and website immediately.

Service, Software, and Website

This section provides our terms and conditions involving your use of our web application accessed cinnamon.ph, our support services accessed at contacting us at [email protected], and our Services and Software.

1. Account and Account Registration

   During the account creation or registration process, you must register with your email address. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. Following completion of the registration process and email verification, you shall be treated as the sole authorized user of your account. As such, you shall bear complete responsibility in maintaining the confidentiality and security of your registration information, email address, and all other information and activities that transpire on or within your account.

   Furthermore, you agree to immediately notify Cinnamon through our email address ([email protected]) of any unauthorized use of your account or any breach of security that you become aware of. You also represent and warrant that any person with access to your registration information is authorized to act as your representative for the use of our Services, Software, and Website.

   Cinnamon shall not incur any liability for any loss or damage that you may incur as a result of unauthorized use of your account, breach of security, or any other use of your account, with the exception of loss or damage resulting from Cinnamon’s fraud, negligence, or misconduct.

   Please be reminded that Cinnamon may hold you liable for losses incurred by Cinnamon or another party due to any unauthorized use of your account or breach of security.

   By registering in our Website, you represent and warrant that you are least eighteen (18) years of age and thus, may legally enter and be bound by contracts.

   You are responsibility for maintaining and updating your registration information to maintain accuracy and completeness at all times.

   1. Activity Providers

      As Activity Providers, Cinnamon, offers you the right to use the Cinnamon Platform to post the Experiences. You must undergo the onboarding process before your Experience goes live or active on the platform. You may create experiences but only verified Activity Providers will be allowed to set their experiences live or active. On-boarding process may include but is not limited to submission of a valid government ID and verified email.

      Your Experience must include complete and accurate information about your Experience, your price, and other terms and conditions that are relevant for the Customer. You are responsible for keeping your information and content up-to-date and accurate at all times. The terms you offer until changed are considered binding and effective.

      You hereby agree to abide by all the terms and conditions expected of Cinnamon of its Activity Providers. You understand that Cinnamon shall not shoulder any costs associated with the Experience unless otherwise agreed to by Cinnamon in writing. You shall exert all commercially reasonable efforts to ensure the promptness and satisfactoriness of the Experiences you post on the Website.

      For in-person activities, you shall exercise extraordinary diligence in ensuring the safety, security, health, and well-being of the Customer and other involved parties. All waivers if ever would be prepared on your side and would be your duty to get signed. You shall timely inform the Customer of any changes in its Experiences and the details therein.

      Cinnamon shall pay you for your corresponding fees from the experience to your designated account located in your Personal Info tab in your account page.

      Activity Providers have the duty to check the attendance in the Check Attendance page of their enrollees to ensure completion of the offered experience. Only completed attendance per enrollee will be part of the payout schedule which is twice per week.

      You warrant that you shall immediately pay fees, commissions, taxes, fines, and other charges that Cinnamon may impose on you. Cinnamon reserves the right to set off any fees, taxes, fines, and other charges against all funds held by Cinnamon from your Experience. You shall be responsible for all taxes and costs associated with the Experience.

      GENERAL STATEMENT:

      1. Disintermediation.

         Disintermediation shall be prohibited. If a Customer previously booked an Experience through the website and they book the same Experience off-platform, this is considered as disintermediation. If the Customer has not previously booked the Experience, this shall not be considered as disintermediation.

         This prohibition shall survive for one year from the first booking.

         Violation of this prohibition is currently not penalized until further changes to the TOU is made but it is highly discouraged.

      2. Prohibited Experiences
         1. The following Experiences that Cinnamon at its sole discretion believes are directly or indirectly related to the following areas shall be prohibited in the Cinnamon Platform:
            • Violence and/or abuse
            • Pornography and/or activities sexual in nature
            • Gambling
            • Alcohol
            • All other illegal, illicit, unwholesome, and/or taboo activities
         2. Penalties

            Cinnamon reserves the right to impose penalties which may range from warnings, imposition of fines, suspension, and/or removal from the platform.

            For first time minor offenses, Cinnamon may issue a warning with further offenses carrying greater weight. Cinnamon has the sole discretion to determine these offenses.

      
      
   2. Customer Booking

      When you book an Experience, you agree to read carefully the details of the Experience and abide by the stated terms and conditions of the Experience. You understand that any concerns with the Experience are the sole responsibility of the Activity Provider and that Cinnamon can only assist by acting as an intermediary with the Activity Provider. You warrant on the truthfulness of all information and representations you have made to the Activity Provider and Cinnamon.

      Please see Refund and Cancellation Policy for concerns.

      You agree to pay all charges for your booking including the Experience price, applicable fees like Cinnamon’s service fee, discount, taxes, and any other items identified during payment. You may opt in and avail the value added services which shall only be valid after payment of the stated fees.

      In the event that the Customer/User causes trouble, injury or damage, Cinnamon reserves the right to impose the following:

      1. Send a warning email on the first offense.
      2. Ban the User for the second offense regardless whether or not there is an ongoing session and/or unused bookings.


2. Website Services Offered

   By interacting, interfacing, accessing, entering, or otherwise using in whatever form our Services, Software, and/or Website, you accept that these Services, Software, and/or Website, which may also include, but are not limited to, mobile applications and downloadable programs, are the sole property of Cinnamon.

   Cinnamon’s Services, Software, and/or Website may include platforms, channels, or workspaces where Activity Providers and Registered Users can collaborate and communicate with other Activity Providers and Registered Users. We note that Activity Providers and Registered Users are solely responsible for their disclosures of personal information made in these platforms, channels, or workspaces to other Activity Providers and Registered Users.

   Cinnamon may also offer, at its sole discretion, additional website services and/or products, and/or update, modify, or revise its current Services, Software, and/or Website. Unless provided otherwise, this TOU shall also apply to any such additional or modified services and/or products. Please be advised that your continued use of our Services, Software, and/or Website following any changes or modifications listed herein shall constitute your acceptance of such changes or modifications.

   Cinnamon reserves the right to stop, cancel, or cease, in whatever form, offering any of above-listed Services, Software, and/or Website, at its sole discretion, with or without reason.

   Cinnamon shall not be liable for any update, modification, revision, suspension, or discontinuance of any of its Services, Software, and/or Website.



3. Authorized Users

   If you are using, in whatever form, our Services, Software, and/or Website, as an administrator on behalf of an organization that is a customer of Cinnamon, you represent and warrant that you possess all the required authorization from your organization. As an authorized administrator, you may designate authorized users of your organization’s account. Please note that these authorized users shall be able to access your organization’s account and perform such other actions that all users are authorized to take under this TOU.

   Activity Providers can opt to upgrade to a premium account where they have access to special features and benefits such as improved tools in managing their team and/or their students.

   If you are using, in whatever form, our Services, Software, and/or Website, as an employee or contract of an organization that is a customer of Cinnamon, you represent and warrant that you possess all the required authorization from your organization, and that your use of our Services, Software, and/or Website shall be limited to the extent of your authority from your organization.

Privacy

Cinnamon may collect, use, retain, and share your personal information as you interact, interface, access, enter, or otherwise use our Services, Software, and Website, subject to the rules, requirements, and guidelines as comprehensively laid down in the Cinnamon Privacy Policy, which is found in cinnamon.ph/Policy. The Cinnamon Privacy Policy forms part of the TOU between Cinnamon and its Users.

Cinnamon respects, values, and protects your privacy. We strongly encourage that you visit cinnamon.ph/Policy and read our Privacy Policy on how we protect your privacy.

Intellectual Property

You hereby acknowledge and agree that, except as otherwise expressly stated in this TOU, all Services, Software, and Website of Cinnamon, and any and all information, logos, images, domain names, trade names, trademarks, service marks, and other materials found and/or used on such Services, Software, and Website, including, but not limited to, object code, source code, design, layout, user interface, and look and feel of the website, are the exclusive intellectual property of Cinnamon or respective third parties and are subject to all protection provided by established intellectual property laws, including but not limited to the laws of the Philippines.

The name Cinnamon, the Cinnamon logo, and all other trademarks, trade names, logos, product and service names, slogans, designs, and domain names displayed or used in Cinnamon’s Services, Software, and Website are proprietary rights of Cinnamon. Using any of the foregoing for any purpose without prior, written permission from Cinnamon or its applicable licensor is strictly prohibited. Such usage includes, but is not limited to: framing or utilizing framing techniques to enclose Cinnamon’s marks or using any meta tags or any other hidden text utilizing Cinnamon’s marks.

Any Content which may be contained in any advertisement or information presented by and through the Service, Software, and Website, or by advertisers is likewise protected by established intellectual property laws.

Cinnamon’s Intellectual Property shall not be used in connection with any purpose other than performing activities on the Website and matters incidental thereto. Unless otherwise specified herein, Cinnamon’s Service, Software, and Website is strictly for your official and non-commercial usage only. Any right over the Website, Software, and Service is personal, non-transferable, and non-exclusive.

In connection with Software that is or will be offered by Cinnamon, you have shall have only a personal, non-transferable, and non-exclusive right and/or license to make use of the object code or our Software on a single computer. Neither you nor any third party shall be allowed to, among others, duplicate, create, modify, alter, plagiarize, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, altering or changing the Software in any manner, nature or form, or using any modified version of the Software, or accessing our Software without authority, shall be strictly prohibited and punished accordingly by law.

You shall not access or attempt to access our Services through any means other than through the interface which is provided by Cinnamon for use in accessing our Services.

The following is a non-exclusive list of acts that are strictly prohibited and that shall be punished in accordance with all established intellectual property laws: altering, modifying, copying, distributing, transmitting, licensing, displaying, performing, publishing, reproducing, leasing, renting, loaning, selling, broadcasting, and creating derivative works from, transferring, or selling any Intellectual Property obtained from the Service, Software, or Website provided by Cinnamon, in whole or in part.

Nothing in this TOU grants you any right, title, interest, ownership of, or license to use Cinnamon’s intellectual property, or any part thereof. All rights not expressly granted to you in this TOU are reserved by Cinnamon.

Your Responsibilities and Obligations as a User

By using our Website, Software, and Service, you expressly accept that all content, including but not limited to information, text, data, software, photographs, videos, music, tags, messages, whether publicly or privately posted, is the sole responsibility of the individual from whom the content originated. Cinnamon does not make any guarantee on the accuracy, integrity, or quality of any content posted, emailed, uploaded, transmitted, or otherwise made available by way of our Service, Software, and Website. Thus, you as the user are solely responsible for any such content and you expressly accept that through your interaction, interfacing, accessing, entering, or otherwise using of our Service, Software, and Website, you are exposed to any errors or omissions in any content posted, and loss or damage incurred as a result of the use of any content as described in this paragraph.

Furthermore, you hereby expressly agree that you are solely responsible for all content used in, within, or in connection with your account, which include, but are not limited to, any visual, written, or audible files, communications, videos, documents, photos, recordings, and other materials. Thus, we do not incur any liability to you, your customers, or any other third party for any loss or damage resulting from your use of our Service, Software, and Website.

You also represent and warrant to Cinnamon that you possess all the rights, licenses, and permissions required from third parties to use, reproduce, publish, and display any content that is owned by other parties. Thus, you agree to indemnify, defend, and hold Cinnamon harmless against any claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that may be incurred by you or any other party in connection with your use of our Service, Software, and Website and any content that you provide.

By providing content or information to Cinnamon, you grant to Cinnamon an irrevocable, worldwide, royalty-free license, in perpetuity, to use and exploit, in any language, all or any part of the content and materials which you provided, or any derivative works developed or that can be developed from such content. These acts of providing content or information include, but are not limited to, submitting or uploading content, materials, or information for use on the Website, which include, but are not limited to photos, audio, video, graphics, software, or any other content. In this connection, please be advised that Cinnamon, at its sole discretion, may publish and distribute any such submitted content, information, or materials by any method presently existing or later developed. Furthermore, you expressly agree to waive any and all claims against Cinnamon and acknowledge that you have no recourse against us for any alleged or actual, direct or indirect infringement or misappropriation of any proprietary rights in any content that you submit to us. Finally, we will treat any content, in whatever form, that you send to us as non-confidential and non-proprietary.

In connection with contributions which you provide to our Service, Software, or Service, which include, but are not limited to, feedback, documents, ideas, proposals, and suggestions, you hereby represent and warrant that such contributions do not contain any type of confidential or proprietary information, that you are not bound by any obligation to ensure or maintain confidentiality, expressed or implied, in relation to such contribution, and that you have the complete right to disclose and make use of such contributions in any such manner as you may see fit. Furthermore, you acknowledge that such contributions become the sole property of Cinnamon, and that we have no obligation to provide any form of compensation or reimbursement, in any manner or nature, to you.

Prohibited Acts for Users

As a User of our Service, Software, and/or Website, you are expressly prohibited from doing and/or performing, directly or indirectly, under threat of any and all applicable company, administrative and/or legal penalties, fines, sanctions, and judgments, any of the following non-exclusive acts:

1. Listing of Prohibited Experiences
2. Using, uploading, posting, emailing, storing, transmitting, or making available in whatever way or form any content that:
   1. Creates a risk of harm, loss, injury, distress, death, disability, disfigurement, or illness, in whatever way or form, to yourself, to us, or to any other third party, person, or entity,
   2. Is unlawful, harmful, threatening, harassing, defamatory, libelous, hateful, offensive, humiliating, invasive of privacy, vulgar, or is in any other manner or form similarly objectionable,
   3. Causes, or potentially causes, any harm in whatever form to minors and/or exploitative to minors,
   4. Is sexually explicit, improper, or pornographic,
   5. Directly violates, or incites or encourages any violation, in whatever manner, of conduct that violates local, federal, or international laws and regulations,
   6. Contains illegal information or content such as insider information or trade secrets,
   7. Infringes intellectual property rights, privacy rights, and any other personal or proprietary rights,
   8. Contains any information that is fraudulent, misleading, deceptive, or false,
   9. Contains any information that you are unauthorized or otherwise have no right to disclose or make available due to a contractual or fiduciary relationship, or
   10. Any other similarly unethical, improper, or illegal content,
3. Stalking, violating, or harassing, with or without intent, another individual or user of our Services, Software, and Website,
4. Performing any and all acts in whatever form which directly or indirectly infringes the intellectual property of Cinnamon, including its Service, Software, and Website,
5. Circumventing, in whatever form, any and all security measures implemented by Cinnamon or procured by Cinnamon from any other user or third party for the purpose of protecting its Service, Software, Website, and any content therein, in whole or in part. These include, but are not limited to, any attempt to test the vulnerability of any Cinnamon system or network, or breaching any security or authentication measure, and making available any code or material that interferes with any device, software, network, or service of Cinnamon,
6. Attempting to, or actually accessing, searching, scraping, downloading from, uploading content to, creating new links, reposts, or referrals, or other similar acts the Service, Software, and Website of Cinnamon through the use of any engine, software, tool, device, or mechanism other than that provided by Cinnamon or that are authorized and expressly allowed by Cinnamon,
7. Attempting to or actually infringing upon any Cinnamon Software. These include, but are not limited to, any attempt or act of deciphering, decompiling, disassembling, and reverse engineering any Cinnamon Software.
8. Accessing and tampering with non-public areas of the Service, Software, and Website of Cinnamon,
9. Sending of unsolicited and/or unauthorized spam, spam comments on posts, advertisements, advertising messages, promotional materials, emails, junk mails, chain letters, and any other form of solicitation,
10. Disrupting the normal flow of communications offered by our Service, Software, and Website and/or interrupting in any way the experience and ability of other users’ to participate in any real time interactions, as well as interfering with the access of any user, host, or network from our Service, Software, and Website,
11. Collecting or storing any personal information from any other person, entity, or organization, from our Service, Software, and Website, and
12. In general, any similar act that interferes, disrupts, violates, or infringes upon the Service, Software, and Website of Cinnamon as well as its computer systems and properties, or encouraging or enabling any other individual, entity, or organization to do the same.

The following list of prohibited acts is non-exclusive.

Cinnamon reserves the right to remove any Content in its Service, Software, or Website, from itself, users, or third parties, that Cinnamon believes, at its’ sole discretion, is violative of this TOU.

In compliance with the applicable law, Cinnamon reserves the right to use, process, retain, transfer, and/or divulge personal information of its users in accordance with the Cinnamon Privacy Policy that can be accessed here: cinnamon.ph/Policy

Payments

You hereby agree that Cinnamon may charge your credit card or bill you for all amounts due and owing for your use of our Website, Software, and Service, in accordance with any applicable plan you selected.

Furthermore, you agree to provide written notification to Cinnamon regarding any disputed fees within ten (10) days from the date that your account is charged for any use of our Website, Software, and Service.

Cinnamon reserves the right to claim interest at the highest rate allowed by law on any payment that is not received on the date it becomes due. Cinnamon further reserves the right to suspend its Service, Software, and Website for non-payment of undisputed fees, and to recover costs and expenses incurred by it in connection with the collection of fees that are not paid when due.

Please note that the prices indicated in our price list are exclusive of applicable taxes or government charges that shall be borne by its Users, which include, but are not limited to, value-added tax and sales tax.

Class Policy

• Class Recordings
  1. Classes that take place online shall or can be recorded by Activity Providers (“Class Recordings”). We value student and Provider privacy, and our use of Class Recordings is extremely important. Specifically, Class Recordings are in certain conditions, as determined by Cinnamon, made available to the Activity Provider providing the Class in certain conditions, in order to allow them to review the Class Recording in order to improve their Classes or instruction, potentially provide a viewable copy to students who wish to review the Class for their personal educational purposes, or who wish to use their Class Recordings for other business purposes including for business, educational, and training purposes – the Activity Provider is fully responsible in all conditions for complying with local and national laws and privacy requirements including all content and obtaining consent of any parties in the Class Recordings.
  2. In addition, Cinnamon may use Class Recordings to provide and improve our Services, for customer support, and for compliance purposes. Cinnamon retains Class Recordings for up to one month after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. In certain conditions, Cinnamon may ask to use Class Recordings for other business purposes or marketing initiatives with Activity Providers, however, we will always only use Class Recordings with your express consent.
  3. Notwithstanding the foregoing, Cinnamon will also delete Class Recordings earlier than one month under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of Cinnamon that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for any other purposes without your express written consent.a.By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
• Attendance

  Before Online Classes:

  1. Booking
     1. Teachers/Tutors/Coaches must confirm their availability for the scheduled classes after the purchase.
  2. Communication Channels:
     1. Teachers must communicate the importance of attendance to both students and parents.
     2. Establish official communication channels for reporting any technical issues that may prevent attendance.
  3. Technical Requirements:
     1. Specify the technical requirements for participating in online classes (e.g., stable internet connection, compatible devices, updated software).
     2. Orientation Sessions: Conduct orientation sessions for both students and parents to familiarize them with the online platform, attendance procedures, and expectations.
• During Online Classes:
  1. Punctuality:
     1. Students are expected to join online classes on time.
     2. Teachers should log in and start the class promptly.
  2. Attendance Tracking:
     1. Teachers/Tutors/Coaches should take attendance manually, especially in interactive sessions.
  3. Technical Support:
     1. Provide real-time technical support to address any issues faced by students during the class.
     2. Document and resolve technical problems promptly to minimize disruptions.
  4. Emergency Situations:
     1. Establish a protocol for reporting and handling emergency situations that may prevent attendance (e.g., power outages, sudden internet failures).
• After Online Classes:
  1. Attendance Records:
     1. Maintain Class Recording for accurate records of student attendance for each class.
     2. Review and update attendance records regularly.
     3. In the event that class recordings are not available, it is highly recommended to take screenshots of BEFORE and AFTER each classess for recording purposes.
  2. Communication of Absences:

     Students who are unable to attend a class must inform activity provider to report their absence.

     A. Teachers should communicate any unexpected absence as well in advance or as soon as possible, providing a valid reason.

  3. Make-up Opportunities:
     1. Teachers should establish a policy for making up missed classes.
     2. Teachers should provide makeup opportunities for students and attend make-up sessions if they miss a class.
  4. No notification, No Show:

     A student/Parent who failed to notify the absence will be considered as a rendered session by the tutor/activity provider. Class screenshot/pictures or class recording are highly encouraged for this case.

• For Face-to-Face Classes,

  Feature needed for attendance like appeal sheet that the student did not attend. (picture maybe with time and location)

Refund and Cancellation Policy

Registered Users may cancel any of their booked activity, for any reason, in our Website, Software, and Service.

Cinnamon’s refund policy:

1. We provide full refund for the whole amount paid for any activity booked provided that the user has not yet been marked attended in the attendance monitoring conducted by the Activity Provider.
2. We do not provide refund for bookings already attended without undergoing due process with the Activity Provider.

We reserve the right to offer refunds, discounts, credits, or other considerations in select scenarios at our sole discretion, and we are not bound to offer any such consideration we have made, we are making, or we will make, for another scenario or to any person, regardless of how similar such scenarios are.

In the event we offer refunds, such charges shall be net of all taxes, payment charges, and other fees that may have been incurred. You may submit any refund request to our email at [email protected] or in the Refund Tab of your Account Page.

All refunds are in the form of website credits (“Cinnamon Credits”) that may be used for booking future Experiences through the Website. Cinnamon Credits cannot be exchanged, redeemed, assigned, sold, or otherwise transferred for cash or other forms of legal tender.

Links to third party sites

Our Service, Software, and Website may contain links to third-party sites, information, materials, products, services, or content that are not owned or controlled by Cinnamon.

You hereby expressly agree that Cinnamon shall not be responsible and shall not have any liability, and you also expressly agree to relieve Cinnamon from any liability, that arise from your use, in whatever way or form, of any third-party sites, information, materials, products, services, or content, including content from other Users.

Please be informed that while Cinnamon may provide links to online advertisements in its Service, Software, and Website, we neither endorse nor affiliate with such linked sites and such linked sites do not represent the views, opinions, beliefs, and advise of Cinnamon.

To reiterate, please be warned in the strictest of terms that you alone are responsible for any form of use that you may perform in connection with third-party links and sites.

In connection with your interaction with other Users including Activity Providers availing of our Service, Software, and Website, please be advised that any dealings in whatever form you may have with any such Users are at your own risk and solely between you and such other Users. We do not incur any liability nor responsibility for such transactions.

Furthermore, you expressly acknowledge that Cinnamon shall not be responsible and liable, directly or indirectly, for any harm, injury, damage, or loss, in whatever form, which may result of, be caused by, or allegedly be caused by, or is in connection with, your use or reliance of our Service, Software, or Website.

Disclaimer of Warranties

You hereby expressly recognize, understand, acknowledge, agree to, and accept the following:

1. That you use the Services, Software, and Website of Cinnamon at your sole risk.
2. That we provide our Services, Software, and Website on an “As is” and/or “As available” basis, without warranty of any kind.
3. That Cinnamon, its Officers, Employees, Agents, Affiliates, Representatives, or Shareholders, do not warrant and do not make any representations regarding the suitability, reliability, availability, timeliness, quality, accuracy, completeness, lack of viruses, or other harmful components, or accuracy of all information and content, in whatever type, shape or form, contained within our Service, Software, and Website for any purpose.
4. That Cinnamon disclaims and denies all warranties, express or implied, and conditions of merchantability, fitness for a particular purpose, workmanship, title, and non-infringement, with regard to all information and content, in whatever type, shape or form, contained within our Service, Software, and Website for any purpose.
5. That Cinnamon, its Officers, Employees, Agents, Affiliates, Representatives, or Shareholders, make no warranty whatsoever, express or implied, that our Service, Software, or Website will meet your requirements as a User, will meet your expectations, and will be uninterrupted, timely, secure, or error-free.
6. That Cinnamon, its Officers, Employees, Agents, Affiliates, Representatives, or Shareholders, make no warranty whatsoever, express or implied, that results which may be obtained from the use of our Service, Software, or Website shall be accurate or reliable, and that any errors contained in our Service, Software, or Website shall be corrected.
7. That Cinnamon conducted due diligence in the selection and/or onboarding of Activity Providers.

You also hereby acknowledge that no advice or information, in whatever shape, type, or form, that is obtained from Cinnamon or any other person, entity, individual, or organization, shall create any warranty that is not expressly stated in this TOU.

Limitation of Liability

You also hereby expressly recognize, understand, acknowledge, agree to, and accept the following:

1. That your use of any content, data, information, or materials, in whatever shape, type, or form, in our service, software, and website, is at your own risk and sole responsibility. Thus, to the maximum extent allowed by law, Cinnamon shall not be liable or responsible for any damage, injury, or loss resulting from your use of Cinnamon’s Service, Software, and Website.
2. That Cinnamon shall incur no liability whatsoever towards you, except in case of its gross negligence of fraudulent misrepresentation.
3. That Cinnamon shall not be liable to you or any other person, institution, individual, or organization, for any consequential, exemplary, incidental, special, or punitive damages. These include, but are not limited to, lost profit or damages arising from your use of or inability to use Cinnamon’s Service, Software, and Website. Furthermore, you agree that any liability that Cinnamon, or its Officers, Employees, Agents, Affiliates, Representatives, or Shareholders, for any claim will be limited to the amount paid by you to Cinnamon for our Service, Software, and Website, in the previous twelve (12) months preceding the event or circumstances resulting to such claim.
4. That Cinnamon or its Subsidiaries, Officers, Employees, Agents, Affiliates, Representatives, Shareholders, Partners, and Licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, which include, but are not limited to, damages in connection with loss of any profits, goodwill, use, data and/or other intangible losses, with your use or inability to use our Services, Software, or Website, with your cost of procuring substitute goods and services, with any unauthorized access to or alteration of your transmissions and/or data, with any statement or conduct of any third party on our Service, Software, or Website, or any other matter which may be related to our Service, Software, or Website.
5. That Cinnamon shall not be liable whatsoever for damages that have not been reported to Cinnamon in writing within four (4) weeks of their occurrence, or for damages wherein you failed or were otherwise unable to take appropriate measures to limit such damages, or wherein you exacerbated in any way such damages.
6. That Cinnamon shall not be responsible for any information, software, products, functionalities, or content obtained through the Service, Software, or Website.
7. That Cinnamon shall not be responsible or liable for any trading and/or investment decisions based on information, data, publication, text, or content in any other form that is found in Cinnamon’s Service, Software, and Website. We reiterate that no content found in Cinnamon’s Service, Software, and Website is intended for trading or investing purposes.
8. That Cinnamon shall not be responsible for any delay or inability to use the Service, Software, or Website, or for the non-availability of our Service, Software, or Website during period maintenance operations and any unplanned suspension of access that may occur due to technical reasons or reasons beyond Cinnamon’s control.
9. That Cinnamon shall incur no liability for any Campaign content that is made available in whatever manner in its Service, Software, and Website, by a User or any other party, who hereby agree to bear sole responsibility and assume all risk and liability arising from any such Campaign content.
10. That you shall access any information or material, downloaded or otherwise obtained, through our Service, Software, and Website, by your sole discretion and at your sole risk, and thus, you waive any and all claims and causes of action in connection with any damage to your property, computer, internet access, downloading and/or displaying, as well as any loss of data that could result from such downloading or obtaining.
11. That Cinnamon is not liable for any damage, liability, injury, or costs resulting from epileptic symptoms or any other similar conditions that might be caused by exposure to the light patterns and backgrounds in computer screens.

Limitation of Liability in favor of Cinnamon with Respect to the Relationship Between Activity Provider and Customers.

In addition to, and without prejudice to all other protection afforded to Cinnamon as established in this TOU, in whole or in part, all users, including, but not limited to, registered users, subscribers, Activity Providers, prospective Providers, affiliates, and any other person and entity who avail of our service, software, and website shall hereby expressly recognize, understand, acknowledge, agree to, and accept the following:

1. Activity Provider and Customer are defined as follows: Activity Provider is any individual that has availed of Cinnamon’s platform and website as an activity, learning, and events marketplace through listing his/her offered Experience. Meanwhile, “Customers” is defined as individual who booked, sign-up or participated in such Experience.
2. That the relationship between a Activity Provider and the Customer is strictly and exclusively between the Activity Provider and the Customer, and that Cinnamon is not a party, in whatever shape, manner, or form, to the relationship between a Activity Provider and the Activity Provider’s Affiliates, except for all provisions, terms, conditions, and agreements that are strictly favorable to Cinnamon, such as but not limited to, Disclaimers of Warranties and Limitations of Liability. By way of restatement, no contractual relationship or any other relationship is established between the Customer and Cinnamon when Customers participate in any manner or form in a Activity Provider’s Experience. Thus, Cinnamon is not obligated to intervene and shall not be made a party without its express consent to any dispute, regardless of cause of action, arising between the Activity Provider and the Customer
3. Cinnamon shall not incur any liability whatsoever, in whatever form or manner, to any person or entity, including but not limited to the Activity Provider’s Customer, in case of any and all loss, damage, or injury that may result from the Activity Provider’s inability or failure of any kind to perform any of its obligations under this TOU, the Cinnamon Privacy Policy, and any other contract, agreement, or law.
4. Cinnamon shall not incur any liability whatsoever, in whatever form or manner, to any person or entity, including but not limited to the Activity Provider, in case of any and all loss, damage, or injury that may result from the Activity Provider Affiliate’s inability or failure of any kind to perform any of its obligations under this TOU, the Affiliate Marketing Program Agreement, the Cinnamon Privacy Policy, and any other contract, agreement, or law.
5. Cinnamon shall not incur any liability whatsoever, in whatever form or manner, to any person or entity, including but not limited to the Activity Provider and its Affiliates, in case of any and all loss, damage, injury or inability or failure of any kind to perform any of its obligations under this TOU that may result from the relationship between its Activity Provider and the Customer.
6. Cinnamon shall cooperate with and provide reasonable support to Customer in making and perfecting claims for insurance recovery and as to any legal proceeding associated with any claim for insurance recovery.

Release

To the maximum extent allowed by law, you hereby fully and perpetually release and discharge Cinnamon and its Subsidiaries, Officers, Employees, Agents, Affiliates, Representatives, Shareholders, Partners, and Licensors from any and all claims that may arise from your use of Cinnamon Service, Software, or Website and that may be brought by you or any other party, person, individual, corporation, institution, enterprise, or organization.

Indemnity

To the maximum extent allowed by law, you hereby agree to indemnify, insure, defend, and hold Cinnamon and its Subsidiaries, Officers, Employees, Agents, Affiliates, Representatives, Shareholders, Partners, and Licensors harmless from and against any and all claims, lawsuits, causes of action, damages, or demand, which may include, but is not limited to, reasonable attorney’s fees, costs of defense or settlement, or any other damage which are related to, or may arise from, or in connection with your use of the Cinnamon’s Service, Software, or Website, or any violation of this TOU.

For any other case wherein the law nevertheless expressly allows recovery or liability of any kind, you hereby agree that Cinnamon shall in no event be liable for any claim exceeding One Hundred Thousand Pesos. (Php 100,000)

Suspension or Termination of Services

Users who have completed the account creation or registration process may cancel or terminate their account and associated email address at any time, by submitting a cancellation or termination request at [email protected]

Cinnamon reserves the right to suspend, terminate, discontinue, and limit any account, any email associated with any account, and any access to our Service, Software, or Website, without any prior written notice, without any liability and for any reason. Causes that may lead to suspension and termination include, but are not limited to:

1. Breach or violation of this TOU, other terms incorporated by reference or otherwise herein, or any other agreement between Cinnamon and its Users, including payment terms,
2. Request, demand, or requirement from any law enforcement or governmental agency in any country,
3. Should Cinnamon be required to protect its interest,
4. Discontinuance, alteration, or material modification to our Service, Software, or Website, in whole or in part,
5. Unforeseeable or unexpected technical or security issues and/or problems,
6. Extended periods of inactivity,
7. Engagement or implication of users in fraudulent and illegal activities, or
8. Failure to pay any charges owed by you in connection with our Service, Software, or Website.

Cinnamon may, upon the termination of your account, remove any access that you may have to any part or all of its Services, Software, or Website and bar any subsequent further access to such Services, Software, or Website, and deactivate or delete your account and any related data, information, and files,

Miscellaneous Rules and Interpretation of this TOU

1. Notices

   By interacting, interfacing, accessing, entering, or otherwise using, in whatever form, our Service, Software, and/or Website, you provide your consent to receive communications from us electronically. Please be advised that Cinnamon may furnish you with notices through email, regular mail, MMS, SMS, text messaging, posting, or other forms of communication. You hereby also confirm that you have received any and all notices that would have been delivered to you and that would have been accessible by you if you access our Service, Software, and Website in an authorized manner.

2. System Maintenance

   Cinnamon reserves the right to make unavailable its Service, Software, and Website during system maintenance which shall be regularly scheduled for a set limited period each year. Cinnamon shall be responsible for providing at least five (5) days electronic notice to its users before system maintenance starts, through a commercially-feasible manner.

3. Use and Storage General Practices

   Cinnamon reserves the right to set up its Storage practices, and at its sole discretion, determine, among others, the limitation on the maximum number of days that user content such as emails, messages, or posts shall be retained, the maximum number of email messages that may be sent and/or received, the maximum volume or size of any message that may be sent or received, and the maximum disk space that shall be allocated by Cinnamon in its servers in favor of its Users. Cinnamon shall not incur any liability or responsibility for removing or not maintaining storage of any data or information that we receive in connection with our Services, Software, and Website.

4. Advertisers

   Cinnamon reiterates that it shall not incur any liability or responsibility for any transaction or dealing, in whatever form or manner, between its Users and any Advertisers in its Services, Software, and Website. Please be reminded that you bear the entire risk and responsibility for any consequences that may arise from such dealings or transactions with Advertisers.

5. No Third-Party Beneficiaries

   There are no third-party beneficiaries to this TOU, unless otherwise expressly provided herein.

6. No right of Survivorship and Non-Transferability

   This TOU, and all rights, licenses, and accounts granted herein, is non-transferable and shall terminate upon valid termination of such rights, licenses, and accounts in accordance with this TOU, or upon your death.

   Any attempt by Users to transfer or assign any and all rights, licenses, and accounts granted herein to any other party is null and void. However, Cinnamon reserves the right to assign or delegate its rights and obligations under this TOU, in whole or in part, without the prior consent of its Users.

   On the event of death, we may terminate your account and all related content therein upon our receipt of a copy of your death certificate.

7. Force Majeure

   Neither Cinnamon or its Users shall be responsible for failure of performance of any obligation contained herein by reason of exigent circumstances that are unforeseen or, even if foreseeable, are unavoidable. These may include, but are not limited to: Acts of God, Catastrophe, Disaster, Pandemic, Conflagration, Epidemic, Labor disputes, and Acts of terrorism.

8. Entire Agreement

   This TOU, including the Cinnamon Privacy Policy which can be accessed at cinnamon.ph/Policy constitute the entire agreement between Cinnamon and its Users.

   This TOU supersedes any prior version that may have been published herein.

   Nevertheless, you agree to be bound by any additional terms which we may require in connection with any individual service that you may request from us. However, in the event of any conflict between the provisions of this TOU and such additional terms, this TOU shall be controlling.

9. Jurisdiction and Choice of Law and Forum

   This TOU and the relationship between Cinnamon and its Users shall be governed by the laws of the Philippines.

   All claims, causes of actions, and/or disputes arising out of or in relation to this TOU or the relationship between Cinnamon and its Users shall be filed exclusively in the courts of Muntinlupa City.

   Cinnamon and its Users hereby expressly agree to submit to the jurisdiction of the above-mentioned courts and to waive any objections to the propriety of the exercise of jurisdiction by such courts and to the venue in such courts.

10. Statute of Limitations

    You hereby expressly accept that any claim or action arising out of or in relation to this TOU or the relationship between Cinnamon and its users must be filed within one (1) year after said claim or cause of action arose, regardless of any statute or law providing otherwise. All claims or actions not filed within the above-mentioned period shall forever be barred.

11. Severability of Terms

    If any part or condition of this TOU is deemed invalid, void, or unenforceable, for any reason whatsoever, such part or condition shall be deemed severable and will not affect the validity and enforceability of the remaining Agreement. Any limitation or elimination of a provision or part of this Agreement shall always be executed to the minimum extent allowed by law.

12. Waiver of Terms

    You hereby expressly agree that should Cinnamon fail to assert, exercise, or enforce any legal right, provision, remedy, or part of this TOU, such failure shall not constitute nor be taken as a waiver by Cinnamon of such legal right, provision, remedy, or part, and that such legal right, provision, remedy, or part, shall still be available to Cinnamon.

13. Modification

    Cinnamon reserves the right to modify, alter, or change this TOU at any time, as we may deem fit. Cinnamon may, at its discretion, provide all its registered users and customers a copy of any succeeding version of this TOU through the email used in the Registration Process, within five (5) days before the day such TOU takes effect.

    You hereby agree that your continued use our Service, Software, or Website following the effectivity of any succeeding version of this TOU shall constitute your acceptance to such succeeding version of the TOU.

14. Violations

    Should you encounter or become aware of any and violation to this TOU, please report such violation through our following address:

    Email Address: [email protected]