TERMS OF SERVICE
By creating an account, browsing listings, making a booking, accepting bookings, receiving payments, listing activities, or otherwise using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.
1. Definitions
1.1. “Onda Fit” refers to the operator of the Platform.
1.2. “Customer” means any person who uses the Platform to search, book, purchase, reserve, attend, or participate in sports, fitness, wellness, recreational, or related activities.
1.3. “Partner” means any business, facility, instructor, coach, studio, club, organizer, or other third party that lists, offers, manages, or sells activities, services, memberships, classes, reservations, court time, facility use, or other offerings through the Platform.
1.4. “Platform” means the website, application, booking platform, payment tools, and related serves provided by Onda Fit.
1.5. “Activity” means any class, session, court booking, facility booking, membership, event, recreational service, wellness session, coaching session, rental, tournament, or related offering made available through the Platform.
1.6. “Booking” means a reservation, purchase, registration, or order made through the Platform.
1.7. “Content” means text, photos, videos, logos, descriptions, schedules, reviews, names, trademarks, and other materials uploaded, displayed, or submitted through the Platform.
2. Nature of the Platform
2.1. Onda Fit is an online booking and management platform for sports, fitness, wellness, and recreational activities. The Platform allows Customers to discover and book Activities and allows Partners to manage listings, schedules, bookings, payments, customers, staff, and related operations.
2.2. Unless expressly stated otherwise, Onda Fit is not the owner, operator, employer, agent, insurer, or direct provider of the Activities listed by Partners. Partners are independent third-party providers responsible for their own facilities, personnel, services, equipment, safety standards, licenses, permits, rules, and customer experience.
3. Eligibility and Account Registration
3.1. You must be at least eighteen years old to create an account or make a Booking. Minors may participate in Activities only with the consent and supervision required by the applicable Partner, facility rules, and law.
3.2. You agree to provide accurate, current, and complete account information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
3.3. You must notify Onda Fit immediately if you suspect unauthorized access to your account.
4. Electronic Acceptance
4.1. By clicking “I agree,” creating an account, submitting a Booking, listing an Activity, accepting a payment, or otherwise using the Platform, you agree that these Terms and related notices may be accepted and delivered electronically.
4.2. You consent to the use of electronic records, electronic communications, and electronic confirmations in connection with your use of the Platform.
5. Customer Terms
5.1. Bookings
5.1.1. Customers may use the Platform to view available Activities, schedules, prices, locations, rules, inclusions, and other information provided by Partners.
5.1.2. A Booking is confirmed only when the Platform indicates confirmation or when payment, if required, is successfully processed. Onda Fit may send confirmation by email, SMS, in-app notification, or other electronic means.
5.2. Accuracy of Listings
5.2.1. Activity details, including prices, descriptions, availability, rules, equipment requirements, location, age restrictions, skill levels, cancellation policies, and refund rules, are provided by the relevant Partner.
5.2.2. Onda Fit may assist in displaying or organizing this information but does not guarantee that Partner-provided information is always complete, accurate, updated, or error-free.
5.3. Payments
5.3.1. Customers agree to pay all applicable prices, platform fees, taxes, charges, and other amounts shown at checkout.
5.3.2. Payments may be processed by third-party payment processors. By making payment, you authorize Onda Fit, the Partner, and/or the relevant payment processor to charge your selected payment method.
5.3.3. Onda Fit is not responsible for delays, failed transactions, payment holds, banking issues, or payment processor errors outside its reasonable control.
5.4. Cancellations, Rescheduling, No-Shows, and Refunds
5.4.1. Each Activity may be subject to a specific cancellation, refund, rescheduling, late arrival, or no-show policy set by the Partner or displayed on the Platform.
5.4.2. Unless otherwise required by law or expressly stated in the Booking terms:
5.4.2.1. cancellations may be non-refundable;
5.4.2.2. no-shows may be charged in full;
5.4.2.3. refunds may be issued as cash, payment reversal, wallet credit, promo credit, or another method determined by Onda Fit or the Partner;
5.4.2.4. rescheduling is subject to availability and the applicable Partner’s policy.
5.4.3. Onda Fit may, but is not required to, help facilitate disputes between Customers and Partners.
5.5. Health, Safety, and Assumption of Risk
5.5.1. Sports, fitness, wellness, recreational, and physical activities involve inherent risks, including injury, illness, property loss, or death.
5.5.2. By booking or participating in an Activity, you confirm that you are physically and medically fit to participate, that you will follow all facility rules and safety instructions, and that you participate voluntarily and at your own risk.
5.5.3. You should consult a medical professional before participating in any physical Activity if you have a medical condition, injury, disability, pregnancy, or other health concern.
5.5.4. Onda Fit is not responsible for injuries, accidents, illnesses, losses, or damages arising from your participation in Activities provided by Partners, except to the extent directly caused by Onda Fit’s own proven gross negligence or willful misconduct.
5.6. Customer Conduct
5.6.1. Customers must:
5.6.1.1. treat Partners, staff, other customers, and Onda Fit personnel respectfully;
5.6.1.2. comply with all facility rules, safety requirements, booking policies, and applicable laws;
5.6.1.3. arrive on time and bring any required equipment, identification, attire, or waiver;
5.6.1.4. avoid harassment, abuse, fraud, disruptive conduct, or unsafe behavior;
5.6.1.5. not misuse discounts, promo codes, credits, or referral systems.
5.6.2. Onda Fit or the Partner may refuse service, cancel a Booking, remove a Customer from an Activity, or suspend an account for violation of these Terms or applicable facility rules.
6. Partner Terms
6.1. Partner Enrollment
6.1.1. Partners may be required to provide business information, contact details, payout details, licenses, permits, tax information, identity verification, facility information, and other documents requested by Onda Fit.
6.1.2. Onda Fit may approve, reject, suspend, or remove any Partner account or listing at its discretion, especially where required for safety, compliance, fraud prevention, platform integrity, or customer protection.
6.2. Partner Responsibilities
6.2.1. Partners are solely responsible for:
6.2.1.1. operating their business lawfully;
6.2.1.2. maintaining all required registrations, licenses, permits, insurance, clearances, and government approvals;
6.2.1.3. ensuring the safety, cleanliness, suitability, and maintenance of facilities, courts, studios, gyms, equipment, and premises;
6.2.1.4. hiring, training, supervising, and managing their own staff, instructors, coaches, contractors, and representatives;
6.2.1.5. complying with health, safety, consumer protection, tax, labor, privacy, and other applicable laws;
6.2.1.6. delivering Activities as described on the Platform;
6.2.1.7. honoring confirmed Bookings except where cancellation is permitted under the applicable policy;
6.2.1.8. handling on-site customer service, check-in, participation rules, incidents, injuries, lost property, and facility-specific issues;
6.2.1.9. ensure compliance with any other obligations under separate agreements with Onda Fit.
6.3. Listings, Schedules, and Prices
6.3.1. Partners must ensure that all listings, prices, schedules, rules, capacity limits, descriptions, photos, cancellation policies, and availability information are accurate and up to date.
6.3.2. Partners authorize Onda Fit to display, promote, organize, edit for formatting, translate, and distribute Partner listings and related Content on the Platform and in marketing channels.
6.3.3. Partners must not list false, misleading, unlawful, unsafe, discriminatory, or unauthorized Activities.
6.4. Booking Management
6.4.1. Partners must honor confirmed Bookings made through the Platform. Partners must promptly update availability, closures, blackout dates, private events, maintenance periods, and schedule changes.
6.4.2. If a Partner cancels or materially changes a confirmed Booking, the Partner is responsible for promptly notifying affected Customers and coordinating with Onda Fit regarding refunds, credits, or rescheduling.
6.4.3. Repeated cancellations, inaccurate availability, or poor fulfillment may result in penalties, reduced visibility, suspension, or termination.
6.5. Chargebacks and Disputes
6.5.1. Partners are responsible for chargebacks, payment reversals, refund claims, and customer disputes arising from Partner-provided Activities, including cancellations, non-delivery, inaccurate listings, unsafe conditions, or failure to honor Bookings.
6.5.2. Partners must provide reasonable assistance, documents, and evidence to help resolve payment disputes.
6.6. Customer Data
6.6.1. Partners may receive limited Customer information necessary to fulfill Bookings, such as name, contact details, booking details, attendance records, preferences, and other relevant information.
6.6.2. Partners must use Customer data only to fulfill Bookings, provide customer service, comply with law, and perform obligations under these Terms. Partners must not sell, misuse, scrape, export, spam, or independently market to Customers unless they have a valid legal basis and any required consent.
6.6.3. Partners must protect personal data using reasonable organizational, technical, and physical safeguards and comply with applicable privacy laws.
6.7. Partner Content and Intellectual Property
6.7.1. Partners represent that they own or have the necessary rights to all Content they upload or provide to Onda Fit, including photos, videos, logos, trademarks, descriptions, and promotional materials.
6.7.2. Partners grant Onda Fit a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify for formatting, distribute, and promote Partner Content in connection with the Platform, marketing, booking services, search results, social media, emails, advertisements, and related business purposes.
6.7.3. Partners must not upload Content that infringes intellectual property rights, violates privacy rights, is defamatory, misleading, offensive, unlawful, or otherwise inappropriate.
6.8. Partner Suspension and Removal
6.8.1. Onda Fit may suspend or remove a Partner, listing, payout, or account if the Partner:
6.8.1.1. breaches these Terms or other agreements entered into with Onda Fit;
6.8.1.2. provides unsafe, unlawful, fraudulent, or misleading services;
6.8.1.3. repeatedly cancels or fails to honor Bookings;
6.8.1.4. receives serious or repeated customer complaints;
6.8.1.5. misuses Customer data;
6.8.1.6. circumvents platform fees;
6.8.1.7. harms Onda Fit’s reputation, customers, or business;
6.8.1.8. fails to provide required verification, tax, legal, or payout information.
6.9. Non-Exclusive Partner Obligations
6.10. The obligations, responsibilities, warranties, and undertakings of Partners set out in these Terms are not intended to be exhaustive or exclusive. Partners remain responsible for all other duties, obligations, standards, requirements, and liabilities that may arise under applicable law, industry standards, facility rules, customer-facing policies, platform policies, and good commercial practice.
6.11. These Terms shall apply in addition to, and not in substitution for, any separate agreement, partner agreement, commercial terms, service order, onboarding document, pricing arrangement, data processing agreement, or other written arrangement entered into between the Partner and Onda Fit.
6.12. Unless expressly stated otherwise in writing, no separate agreement with Onda Fit shall limit, waive, reduce, or exclude any Partner obligation under these Terms. In the event of any inconsistency between these Terms and a separate written agreement between Onda Fit and the Partner, the provision that imposes the higher standard of responsibility, compliance, protection, payment obligation, indemnity, or liability on the Partner shall apply, unless the separate written agreement expressly states that it overrides a specific provision of these Terms.
7. Promotions, Credits, and Discounts
7.1. Onda Fit may offer promo codes, referral credits, discounts, rewards, vouchers, or wallet credits. These are subject to specific terms, expiry dates, usage limits, and eligibility conditions.
7.2. Promotions have no cash value unless required by law. Onda Fit may cancel or refuse any promotion suspected of fraud, abuse, duplication, resale, or unauthorized use.
8. Reviews, Ratings, and Feedback
8.1. Customers may be allowed to post reviews, ratings, comments, or feedback regarding Partners and Activities.
8.2. Reviews must be honest, lawful, respectful, and based on actual experiences. Onda Fit may remove, moderate, or restrict reviews that are abusive, fake, defamatory, discriminatory, irrelevant, promotional, or otherwise inappropriate.
8.3. By submitting feedback, you grant Onda Fit the right to use it to improve, market, and operate the Platform without compensation to you.
9. Prohibited Uses
9.1. You must not:
9.1.1. use the Platform for unlawful, fraudulent, harmful, or abusive purposes;
9.1.2. interfere with Platform security or functionality;
9.1.3. scrape, copy, crawl, or harvest Platform data without written permission;
9.1.4. reverse engineer or attempt to access source code;
9.1.5. impersonate another person or entity;
9.1.6. upload malware, spam, or harmful code;
9.1.7. bypass fees, payment systems, booking flows, or security measures;
9.1.8. use the Platform to harass, threaten, discriminate, or harm others;
9.1.9. create fake bookings, fake reviews, or misleading listings;
9.1.10. use Customer or Partner data outside the permitted purposes.
10. Data Privacy
10.1. Onda Fit collects and processes personal data in accordance with its Privacy Policy and applicable privacy laws.
10.2. By using the Platform, you consent to the collection, use, storage, processing, and sharing of your information as described in the Privacy Policy.
10.3. Where Partners receive personal data through the Platform, they must process such data lawfully, securely, and only for legitimate booking-related purposes.
11. Third-Party Services
11.1. The Platform may integrate with third-party services, including payment processors, maps, messaging tools, analytics providers, calendar tools, customer relationship management tools, and social media platforms.
11.2. Onda Fit is not responsible for third-party services, websites, errors, downtime, policies, fees, or acts or omissions.
12. Intellectual Property of Onda Fit
12.1. The Platform, software, design, interface, features, databases, trademarks, logos, brand elements, and other Onda Fit materials are owned by or licensed to Onda Fit.
12.2. You may not copy, modify, reproduce, distribute, sell, lease, reverse engineer, or exploit any part of the Platform without Onda Fit’s prior written consent.
13. Service Availability
13.1. Onda Fit aims to provide reliable access to the Platform but does not guarantee uninterrupted, error-free, or always-available service.
13.2. The Platform may be unavailable due to maintenance, updates, internet issues, third-party failures, force majeure events, or matters beyond Onda Fit’s reasonable control.
14. Disclaimer of Warranties
14.1. To the fullest extent permitted by law, Onda Fit disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, and suitability of any Activity.
14.2. Onda Fit does not guarantee that any Customer will attend, that any Partner will receive bookings, or that any Activity will meet a Customer’s expectations.
15. Limitation of Liability
15.1. To the fullest extent permitted by law, Onda Fit shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, personal injury, property damage, or business interruption, arising from or related to use of the Platform or participation in Activities.
15.2. Onda Fit’s total liability for any claim shall not exceed the greater of:
15.2.1. the amount paid by the Customer for the specific Booking giving rise to the claim; or
15.2.2. the amount of platform fees received by Onda Fit from the Partner for the specific transaction giving rise to the claim.
15.3. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
16. Indemnity
16.1. You agree to indemnify, defend, and hold harmless Onda Fit, its directors, officers, employees, contractors, affiliates, agents, and representatives from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising from:
16.1.1. your breach of these Terms;
16.1.2. your misuse of the Platform;
16.1.3. your violation of law;
16.1.4. your Content;
16.1.5. your fraud, negligence, misconduct, or unsafe conduct;
16.1.6. for Partners: any Activity, facility, staff, customer injury, tax obligation, refund, chargeback, data misuse, or dispute arising from Partner-provided services.
17. Account Suspension and Termination
17.1. Onda Fit may suspend, restrict, or terminate your account or access to the Platform at any time if you breach these Terms, create risk for Onda Fit or other customers, violate law, engage in fraud or abuse, or misuse the Platform.
17.2. You may stop using the Platform at any time. Certain obligations, including payment obligations, indemnities, intellectual property provisions, privacy obligations, dispute provisions, and liability limitations, survive termination.
18. Changes to these Terms
18.1. Onda Fit may update these Terms from time to time. Updated Terms will be posted on the Platform with a revised effective date.
18.2. Continued use of the Platform after changes take effect shall be construed as acceptance of the updated Terms.
19. Governing Law and Dispute Resolution
19.1. These Terms shall be governed by the laws of the Republic of the Philippines.
19.2. The parties shall first attempt to resolve disputes in good faith through written notice and negotiation.
19.3. If the dispute is not resolved within forty-five days from written notice, the dispute shall be submitted to the proper courts of Cebu City, to the exclusion of all other venues, unless applicable law requires otherwise.
20. Force Majeure
20.1. Onda Fit shall not be liable for delay or failure to perform due to events beyond its reasonable control, including natural disasters, extreme weather, fire, flood, earthquake, epidemic, pandemic, government action, strikes, labor disputes, power outages, internet disruptions, payment processor failures, cyberattacks, war, terrorism, civil unrest, or other force majeure events.
21. Miscellaneous
21.1. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.
21.2. You may not assign your rights or obligations under these Terms without Onda Fit’s prior written consent. Onda Fit may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of business.
21.3. No waiver of any breach shall be considered a waiver of any other breach.
21.4. These Terms, together with any applicable Privacy Policy, booking terms, Partner agreement, payment terms, and policies displayed on the Platform, constitute the entire agreement between you and Onda Fit regarding use of the Platform.
22. Contact
22.1. For questions, complaints, legal notices, data privacy concerns, or customer support, contact:
Onda Fit Corp
123B One Paseo, Paseo Saturnino, Ma. Luisa Road, Banilad, Cebu City, Cebu