Tarakits Venue Terms

Version 0.2-draft · Effective [EFFECTIVE DATE]

What this covers (plain language)

• You (the venue owner) buy Tarakits software to take bookings. You pay in advance (a subscription or booking credits). No active plan, no new bookings.
• Players pay you directly. Tarakits never collects, holds or pays out your players' money, so you are the seller, you issue the receipts/invoices, you pay your taxes, and you refund players when owed.
• You must pass identity and venue verification before going live, keep your details true, and honour every confirmed booking.
• We can suspend you quickly for fraud or player harm. Paid bookings already made must still be honoured or refunded.
• Subscription fees are generally non-refundable (section 12). Promo codes follow the Promo Code Terms.

These Venue Terms are an agreement between [COMPANY NAME], [SEC/DTI REG. NO.], [ADDRESS] ("Tarakits") and the person or business that registers a venue on Tarakits ("Venue", "you"). The Terms of Service, Acceptable Use Policy, Booking and Refund Policy and Privacy Notice also apply. If they conflict with these Venue Terms on a Venue matter, these Venue Terms prevail.

1. Acceptance and authority

1.1 You accept these Venue Terms by ticking the acceptance box at venue signup. We record the version, the time and the account that accepted.

1.2 You confirm you are at least 18, and that you own or have the right to operate the venue and to bind the business you register.

2. The service

2.1 Tarakits provides booking software: a booking page, calendar, walk-ins, open sessions, staff accounts, payment-status tracking, reports and related features according to your plan.

2.2 Tarakits is an intermediary and software provider, not the seller and not the merchant of record. Each booking is a contract between you and the player. You set prices, policies and house rules and are responsible for providing the facility.

2.3 Tarakits does not accept, hold, pool, split, transfer or pay out funds for bookings, and does not act as your payment processor or collecting agent.

3. Verification (KYC/KYB) and going live

3.1 Before your venue goes live you must provide, and we may verify:

• the owner's (and, for a company, an authorised representative's) full name, government-issued ID, and a selfie or liveness check;
• the business name and registration (DTI/SEC), BIR Certificate of Registration and mayor's/business permit, or, for an unregistered private court, proof of right to the venue (e.g. lease, title, barangay certificate);
• a Philippine address, mobile number and email;
• photos or video of each bookable resource and the venue's map location;
• for Online payment mode, a connected payment gateway account in your name.

3.2 A Tarakits administrator reviews your application. We may ask for more documents, a video call or a site visit, and may refuse or delay approval if we cannot verify you. We record the outcome and the reasons.

3.3 You consent to Tarakits processing these documents (including your ID and selfie, which are sensitive personal information) for verification, fraud prevention and legal compliance, as described in the Privacy Notice.

3.4 You must keep your information current and tell us within [7] days of any change in ownership, permits, bank/QR accounts or venue status. We may re-verify you at any time.

3.5 [LAWYER REVIEW: whether Tarakits is a "digital platform" or "e-marketplace" under RA 11967 Sec. 4 and must collect the merchant details in Sec. 21(b) and, under the IRR, the BIR Certificate of Registration; if so, unregistered owners may not be listable.]

3.6 Change of owner. Ownership of a venue account moves only through the in-app transfer: the new owner accepts these Terms, completes identity verification, and Tarakits approves the transfer. Until the new owner confirms or replaces them, your payment connections are flagged for review. In exceptional cases (for example, the owner has died, can't be reached, or the business has been sold), Tarakits may transfer ownership on documentary evidence, and will record the reason.

4. Plans, prepaid subscriptions and credits

4.1 Prepaid only. Your venue can be live and accept new bookings only while you have an active prepaid plan: a subscription paid before its period starts, or a balance of booking credits.

4.2 Prices are listed on the pricing page, exclusive of VAT unless stated. We issue you a [VAT / non-VAT] invoice under our BIR registration for each payment. If you are a withholding agent, give us BIR Form 2307 for any tax you withhold.

4.3 Booking credits are prepaid units usable only to pay for Tarakits' own services (for example, one credit per online booking). Credits:

• have no cash value and cannot be withdrawn, transferred, sold or used to pay anyone other than Tarakits;
• do not expire while your account is open, and lapse when the account is closed;
• are not refundable except as stated in section 12. [LAWYER REVIEW: confirm non-expiring, single-issuer, own-service credits are outside BSP e-money rules; if not, reinstate an expiry.]

4.4 Renewal. Subscriptions renew for the same period unless you cancel before renewal. We send the invoice at least [7] days before it is due.

4.5 Lapse. If your plan lapses: we give a grace period of [3] days with reminders; after that your venue is hidden and new bookings stop. You keep access to manage existing bookings (check-in, cancel, refund) and to export your data. Confirmed bookings remain your obligation.

4.6 Price changes apply from your next renewal, with at least [30] days' notice.

5. Promo codes

Promo codes are issued only by Tarakits and give trials, discounts or perks under the Promo Code Terms. There is no free trial except through a promo code.

6. Payment modes and your money

6.1 You choose one or more payment modes, subject to our trust rules:

Mode	How it works	Your responsibilities
Online	Checkout runs on your own payment gateway account (e.g. PayMongo). Funds settle to you under your agreement with the gateway.	Keep the account in good standing; pay its fees; handle refunds and chargebacks; you are the merchant of record.
Direct to owner	Players pay your own QR/e-wallet/bank account shown in the checkout and upload proof.	Check proofs promptly and confirm or reject within [12] hours; the account must be in your (or your business's) name.
Pay at venue	Player pays on arrival.	Apply your stated policy for unpaid reservations.

6.2 Trust limits. We may cap the amount, advance window or volume of Direct-to-owner bookings for new or flagged venues, or require deposit-only collection, and lift caps as your record builds.

6.3 Gateway credentials. If you connect a gateway, you authorise Tarakits to use your API credentials only to create checkouts, read payment status, register webhooks and issue refunds you trigger or that these Terms require (e.g. automatic refund when a late payment's slot was taken). We store credentials encrypted and never display them. You must also comply with your gateway's terms. [LAWYER REVIEW and PayMongo confirmation that third-party key use is permitted.]

6.4 You must not ask players to pay outside the payment details shown in Tarakits for a booking made on Tarakits.

7. Honouring bookings and refunds

7.1 You must honour every Confirmed booking at the booked time and price, and keep your calendar accurate (blocks, closures, walk-ins).

7.2 You must publish a cancellation policy that meets the minimums in the Booking and Refund Policy, apply it as shown to the player at the time of booking, and pay refunds owed from your own funds within the time limits there.

7.3 Tarakits cannot refund players for you. If you fail to honour or refund a booking, we may: suspend new bookings; notify affected players with your registered contact details; share the booking, payment and check-in evidence with the player, their payment provider and the authorities; and terminate your account.

7.4 If a booking fails because of a Tarakits system error (e.g. double booking), you still refund the player in full, and we will credit you the fees for that booking and work with you to make the player whole.

8. Taxes, permits and compliance

8.1 You are solely responsible for your own business registration, mayor's/business permit, BIR registration, invoicing, books, taxes (including VAT or percentage tax, and income tax) on your sales to players, and any sport, safety, building, fire or health permits for your venue.

8.2 Tarakits booking confirmations are not BIR invoices. You must issue the invoices the law requires for your sales.

8.3 You must comply with the Consumer Act, the Internet Transactions Act and other law that applies to your sales, including disclosing accurate prices, descriptions and contact details.

9. Fraud, reports and suspension

9.1 We monitor for fraud and player harm (e.g. reports, no-shows by the venue, refund disputes, bookings without check-ins, mismatched payment accounts).

9.2 We may, immediately and without prior notice where players are at risk:

• hide your listing, stop new bookings, or restrict payment modes;
• require re-verification;
• issue strikes under our enforcement policy; after [3] strikes in [12] months, or any serious fraud, terminate permanently.

9.3 We will tell you the reason and give you a chance to respond within [5] business days, unless the law or an investigation prevents it.

10. Data protection

10.1 Roles.

• Tarakits is the personal information controller for player and staff accounts and profiles, verification (KYC/KYB) data, platform safety data (reports, reviews, check-ins) and its own billing.
• You are a separate personal information controller for the booking data you receive to serve your players (name, contact, booking and payment details) and you use it only to provide and administer bookings at your venue, meet your legal obligations and handle disputes.
• Tarakits processes on your behalf, as your personal information processor, the records you create or that are kept for you in Tarakits: walk-in guest names and phone numbers, private customer notes, reservation notes, payment-proof reviews, your customer history with each player (bookings, visits, no-shows, late cancellations, spend) and your loyalty programme (points, adjustments, tiers), and your staff and support access logs. For this processing the Data Processing Addendum in Annex A applies (RA 10173, Sec. 14).

10.2 You must: use player data only for the purposes above; not export it for marketing without the player's separate consent; keep staff access to the minimum needed and remove staff promptly; not write discriminatory, defamatory or sensitive information in notes; and tell us within [24] hours of any suspected breach involving Tarakits data.

10.3 [LAWYER REVIEW: whether a separate data sharing agreement under NPC rules is required for controller-to-controller sharing of booking data.]

10.4 Player profiles. Players' Tarakits accounts and profiles belong to Tarakits' platform, not to any venue. You see the contact details a player gives for a booking and your own history with them. You can't view or edit a player's profile, account status or activity at other venues, and you must not try to.

10.5 Your loyalty programme. If you turn on loyalty:

• you are the controller of the programme and decide its rules (how points are earned, tiers, expiry) within the settings Tarakits provides;
• your rules, as shown on your venue page, must be accurate, and you must honour any benefit you promise. Points are given by you, have no cash value, can't be sold, transferred, exchanged for cash or used anywhere else, and you must not describe them as Tarakits points or rewards;
• you adjust points only for a genuine reason, recorded in the note field;
• you rely on your legitimate interest to run the programme. By turning it on, you adopt Tarakits' template legitimate interest assessment, or your own if you prefer, and you must honour every player's opt-out, which Tarakits applies for you automatically;
• you are responsible for any permit or approval your programme needs [LAWYER REVIEW: DTI sales promotion rules].

10.6 Use of customer history and loyalty data. You may use it only to serve that player at your venue: running bookings, applying your published policies (for example, for repeated no-shows), recognising your regulars, and your programme. You must not use it for marketing unless the player gave consent through the Tarakits marketing consent for your venue. You must not sell or share it, or use it to discriminate unlawfully.

10.7 Exports. The owner may export the contact details of customers who booked in the last 24 months. You are solely responsible, as controller, for the exported copy: keep it secure, use it only as section 10.6 allows, and delete it when you no longer need it.

10.8 Staff. You decide who joins your venue account and which role each person holds. Give each person the least access their job needs, and remove access promptly when someone leaves. Your staff's actions in Tarakits are your actions under these Terms. Your venue has exactly one owner account, the person verified under section 3. Owner-only powers (payment connections, verification, ownership, closing the venue) can't be delegated.

10.9 Tarakits support access.

• Read-only. Tarakits support staff may view your dashboard read-only, with a recorded reason, for up to [2] hours at a time: to help you when you ask, to investigate a report, fraud or a security issue, or to comply with law. When we view it to help you, we act as your processor; when we investigate reports, fraud or security, we act as controller under the Privacy Notice.
• Changes need your consent. Support can make changes only while you have given write consent in Settings → Support access. A consent lasts at most [24] hours, a session at most [60] minutes, and covers refunds only if you tick that option. You can revoke consent at any time, and this ends active sessions.
• Never. Support can never view your payment credentials, change payment connections, verification, ownership, staff or roles, or export your customers.
• Visibility. Support staff act under their own names. Every session, page viewed and action is logged in your support access log.
• Tarakits staff can't take verification, enforcement or billing decisions about a venue they personally belong to.

11. Content and intellectual property

11.1 You grant Tarakits a non-exclusive, royalty-free licence to use your venue name, logo, photos and descriptions to operate and promote the Service during these Terms and for [30] days after.

11.2 You confirm you have the rights to everything you upload. Tarakits, its software and the Tarakits name and marks remain ours.

11.3 You may reply to reviews but not remove, buy or incentivise them.

12. Subscription refund policy

12.1 Monthly plans: non-refundable once the period starts.

12.2 Annual plans: a full refund if you cancel within [14] days of the first annual payment and have not taken more than [20] online bookings; after that, non-refundable.

12.3 Credits: unused credits are refundable only if we terminate your account without cause, or if the law requires it.

12.4 Our fault: if the Service is unavailable for more than [24] consecutive hours, or we terminate you without cause, we refund or credit the unused prepaid portion pro rata.

12.5 Termination for breach or fraud: no refund.

13. Term and termination

13.1 These Terms continue while you have a venue on Tarakits.

13.2 You may cancel at any time; your plan runs to the end of the paid period.

13.3 We may terminate for breach (after [15] days' notice to fix, if fixable), immediately for fraud or serious player harm, or for convenience with [60] days' notice and a pro-rata refund.

13.4 On termination: you must still honour or refund all confirmed bookings; we give you [30] days to export your data; we then delete or anonymise it on the schedule in the Privacy Notice.

14. Indemnity

You will indemnify Tarakits and its officers and staff against claims, losses, fines and reasonable legal costs arising from: your venue and its operation; injuries at your premises; your failure to honour or refund bookings; your taxes and permits; your breach of these Terms or of law; content you upload; your loyalty programme; or your use of customer data or exports outside these Terms.

15. Limitation of liability

15.1 Tarakits is not liable for indirect or consequential loss, or lost profits, revenue or data.

15.2 Our total liability to you in any 12 months is limited to the fees you paid us in that period.

15.3 These limits don't apply to fraud, bad faith, gross negligence, wilful misconduct, or liability that cannot be limited by law. [LAWYER REVIEW]

16. General

16.1 Changes. We may update these Terms with at least [30] days' notice for material changes; you will be asked to accept the new version to keep taking new bookings.

16.2 Governing law and disputes. Philippine law. Disputes go first to good-faith negotiation for [30] days, then to the proper courts of [CITY]. [LAWYER REVIEW: arbitration (e.g. PDRCI) as an alternative.]

16.3 Electronic contract under RA 8792. Notices go to your registered email.

16.4 Independent parties. Nothing here creates a partnership, agency, employment or joint venture.

Annex A: Data Processing Addendum (Tarakits as processor)

This Addendum is the outsourcing agreement required by RA 10173 Sec. 14 and its Implementing Rules. In it, you are the controller and Tarakits is the processor.

1. Subject matter and duration. Hosting and processing of venue-controlled records for as long as these Terms last and until deletion under item 9.
2. Nature and purpose. Storing, displaying, calculating and deleting records so that you can run bookings, customer service and your loyalty programme through Tarakits.
3. Data and data subjects.
   • Players and walk-in guests: names and phone numbers entered by you, private customer and reservation notes, payment-proof images and their review status, customer history (bookings, visits, no-shows, late cancellations, spend at your venue), and loyalty records (points, ledger, tier, opt-out).
   • Your staff: roles, permissions and activity logs.
   • Tarakits support staff: support session and access logs. No sensitive personal information should be entered in notes.
4. Instructions. Tarakits processes these records only on your documented instructions. These are: these Terms; your use of the product's features and settings (for example, loyalty rules and staff roles); support write consents; and the standing instructions in this Addendum. Tarakits also processes them as the law requires. Tarakits will tell you if it believes an instruction breaks the law.
5. Standing instructions. You instruct Tarakits to: (a) apply each player's loyalty opt-out and delete their point history within [30] days of it; (b) delete customer history and loyalty records 24 months after the player's last booking at your venue, or when the player closes their account; (c) answer players' requests to access or download these records, and their opt-outs, directly in the app; (d) give players the Privacy Notice on your behalf for this processing.
6. Tarakits' own use. Tarakits will not use these records for its own purposes, except: de-identified, aggregated statistics to run and improve the Service; investigating reports, fraud and security incidents; and complying with law. When Tarakits does this, it acts as controller under the Privacy Notice. [LAWYER REVIEW]
7. Confidentiality and access. Tarakits personnel with access are bound by confidentiality. Their access is role-based, uses two-factor sign-in and is logged. Support access follows section 10.9.
8. Security. Organisational, physical and technical measures appropriate to the risk, including encryption in transit and at rest, access control and audit logs.
9. Deletion. At the end of the retention periods in item 5, and on termination after the export window in section 13.4, Tarakits deletes or anonymises these records, unless the law requires it to keep them.
10. Location and sub-processors. These records are stored in Singapore. The sub-processors are the hosting, database, email and SMS providers listed in the Privacy Notice. We will give [15] days' notice of a new sub-processor, and you may object by terminating.
11. Assistance. Tarakits helps you answer data subject requests and meet your security and breach notification duties for these records.
12. Breach. Tarakits notifies you without undue delay, and within [24] hours of becoming aware of a breach affecting these records.
13. Audit. Tarakits provides the information reasonably needed to show compliance, once a year on request. Your support access log and staff audit log are available to you at any time.