Terms & Conditions

Effective date: 3 June 2026 · Last updated: 3 June 2026

These Terms and Conditions (the "Terms") govern your access to and use of https://philippinekiteboarding.org (the "Site") operated by the Philippine Kiteboarding Association, and any inquiry you submit through it. Please read them carefully. Kiteboarding is a physical-risk sport, and these Terms include important provisions on assumption of risk and limitation of liability that affect your legal rights.

1. Acceptance of Terms

By accessing or using https://philippinekiteboarding.org, browsing any of its pages, or submitting any form on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the privacy provisions set out in Section 11, which form part of these Terms.

These Terms are effective as of 3 June 2026 and were last updated on 3 June 2026.

If you do not agree to these Terms, you must not access or use the Site or submit any form through it.

2. About PKA and Scope

The Site is operated by the Philippine Kiteboarding Association ("PKA", "we", "us", or "our"), a kiteboarding sports association with registered address at 16 Capitol Drive, Kapitolyo, Pasig, Philippines.

PKA administers membership, organizes and sanctions events, tours, and competitions, and manages athlete development and national team programs.

The function of this Site is informational and to receive membership and contact inquiries. The Site does not process online payments. Membership fees, event fees, and any other charges, where applicable, are handled separately through channels communicated to you directly by PKA. Those off-site payment channels are governed by their own separate terms. Any question, dispute, or refund request concerning a fee must be raised directly with PKA through those channels, as the Site itself neither collects nor refunds payments.

3. Eligibility and Membership

You may use this Site if you are at least eighteen (18) years of age, or if you are a minor using the Site under the supervision and with the consent of a parent or legal guardian. By using the Site you represent that you meet these requirements.

Membership in PKA and participation in PKA activities may be subject to separate rules, an application and approval process, and additional waivers or agreements that you may be required to sign. Submitting an inquiry or application through the Site does not by itself create membership or guarantee acceptance.

PKA reserves the right, consistent with its governing rules, to accept, reject, suspend, or revoke any membership or application.

Minors who wish to apply for membership or take part in any PKA program, event, tour, or competition require the consent of a parent or legal guardian, who must agree to the applicable rules and waivers on the minor's behalf, including any on-site participation waiver described in Section 5.

4. Acceptable Use

When using the Site, you agree not to engage in any of the following:

• Using the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Harassing, threatening, defaming, or abusing any person, or impersonating any individual or organization.
• Spamming or flooding the contact or join form, or sending automated or bulk submissions.
• Scraping, harvesting, data mining, or otherwise extracting data from the Site without our written permission.
• Hacking, introducing malware, attempting unauthorized access, or otherwise interfering with or disrupting the Site, its servers, or its security.
• Submitting false, misleading, or fraudulent information.
• Submitting another person's personal data without that person's authorization.

We reserve the right to restrict, suspend, or terminate your access to the Site, in whole or in part, for any actual or suspected violation of these Terms, without prior notice.

5. Events, Tours, and Competition Participation

Participation in PKA-sanctioned events, tours, competitions, and programs is governed by separate event rules and by on-site waivers and assumption-of-risk forms that must be completed before participation. Those rules and forms supplement these Terms.

Your participation is also subject to the Assumption of Risk and Limitation of Liability provisions in Section 6 below, which you should read carefully and which apply in full to all PKA activities.

All participants must follow safety briefings, the instructions and directions of officials and organizers, and all applicable competition regulations at all times.

PKA may set and enforce eligibility, equipment, skill-level, and conduct standards for any event, and may refuse, suspend, or remove participants who do not meet those standards or who endanger themselves or others.

For any minor taking part in a PKA event, tour, competition, or program, including youth athlete and national team programs, the on-site participation waiver and assumption-of-risk form must be signed by the minor's parent or legal guardian on the minor's behalf. A minor will not be permitted to participate without that signed parental or guardian consent.

6. Assumption of Risk and Limitation of Liability (Sport Participation)

IMPORTANT NOTICE: KITEBOARDING IS A PHYSICAL-RISK SPORT. PLEASE READ THIS SECTION CAREFULLY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT KITEBOARDING IS AN INHERENTLY DANGEROUS, PHYSICAL-RISK SPORT, AND THAT ITS RISKS CANNOT BE ELIMINATED BY ANY AMOUNT OF CARE, INSTRUCTION, EQUIPMENT, OR SUPERVISION.

The inherent dangers of kiteboarding and related activities include, but are not limited to, the following:

• Drowning or near-drowning.
• Broken bones, sprains, dislocations, and other musculoskeletal injuries.
• Head, neck, and spinal injury.
• Equipment failure, entanglement, or malfunction.
• Collision with other persons, watercraft, objects, the shore, or the seabed.
• Sudden or adverse weather, wind, current, and water conditions.
• Permanent disability.
• Death.

BY PARTICIPATING IN ANY PKA EVENT, TOUR, COMPETITION, OR PROGRAM, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH KITEBOARDING, WHETHER KNOWN OR UNKNOWN, INCLUDING THOSE LISTED ABOVE.

Participant responsibility. Each participant is solely responsible for assessing the conditions, for honestly evaluating their own physical fitness and skill level, for using proper and properly maintained equipment, and for following all safety instructions and the directions of officials and organizers. If you are unsure whether the conditions or your abilities are safe, you must not participate.

Limitation and exclusion of liability for participation. To the maximum extent permitted by Philippine law, PKA, together with its officers, directors, organizers, officials, employees, volunteers, and sponsors, shall not be liable for any injury, death, loss, or damage to person or property arising out of or in connection with your participation in any PKA event, tour, competition, or program.

Scope of release. This assumption of risk and limitation of liability does NOT apply to, and shall not be construed to release PKA from, liability arising from PKA's own gross negligence or willful or intentional misconduct. Nothing in these Terms excludes any liability that cannot be excluded under Philippine law.

Insurance. We strongly recommend that every participant obtain and maintain their own valid health, accident, and travel or medical insurance that covers kiteboarding. PKA does not provide personal injury or accident insurance for participants.

Medical emergencies. By participating, you authorize PKA, its officials, and event personnel to arrange and administer reasonable emergency first aid or medical assistance on your behalf if, in their judgment, it is needed, and you consent to such assistance. Any cost of emergency care, transport, and treatment is borne by you. To the maximum extent permitted by Philippine law, PKA and its officials, employees, and volunteers shall not be liable for the outcome of any emergency first aid or medical assistance so arranged or administered in good faith, except in cases of their own gross negligence or willful misconduct. This authorization is not a substitute for your own insurance or medical care.

Separate on-site waiver required. A separate, signed on-site waiver and assumption-of-risk form is required for actual participation in any PKA event or competition. This Site provision is supplementary and does not replace that signed form. By accepting these Terms you confirm that this assumption of risk is made knowingly and voluntarily.

7. Intellectual Property and Media Rights

All content on the Site, including text, graphics, images, logos, the "Philippine Kiteboarding Association" and "PKA" names and marks, and the design and layout of the Site, is owned by or licensed to PKA and is protected by intellectual property laws.

You may not copy, reproduce, republish, distribute, modify, or otherwise reuse any Site content or PKA marks without our prior written permission, except for personal, non-commercial viewing of the Site.

Event photo, video, and likeness

PKA may photograph, film, and record participants, members, and attendees at its events, tours, competitions, and programs, and may use such images, footage, and likeness for promotional, educational, archival, and reporting purposes, including on the Site and on social media. Where feasible, PKA will seek your consent and will provide a reasonable way to opt out. If you do not wish your image or likeness to be used, please notify the event organizers on site and contact us at discovery@pkaorg.com.

User-submitted content

When you submit a message or information through a form on the Site, you grant PKA a non-exclusive, royalty-free license to use, store, and process that content as needed to respond to your inquiry, administer membership and events, and operate the Site. This license lasts only for as long as we retain the related content under the retention terms in Section 11, after which it ends. You represent and warrant that you have the right to submit such content, that it is accurate, and that it does not infringe the rights of, or violate any duty owed to, any third party. You are responsible for any third-party claim arising from content you submit, as further set out in the indemnity in Section 10.

8. Third-Party Links and Services

The Site may contain links to third-party websites or resources that are not operated by PKA. We provide these links for convenience only and are not responsible for the content, accuracy, policies, or practices of any third-party website. Accessing third-party websites is at your own risk.

The Site relies on certain third-party services to function. These are: (1) an email delivery service used to transmit form submissions from the Site to PKA, currently the email delivery built into the Site's hosting and WordPress mail system; and (2) GTranslate, a Google-powered automatic translation feature. When the translation feature is used, Google cookies are set on your device and the content of the page you are viewing is sent to Google's servers for translation. This is a disclosure of page data to a third party and may involve a cross-border transfer outside the Philippines. Google's use of that data is governed by Google's own privacy and cookie policies, which PKA does not control. You can review Google's policies at https://policies.google.com/privacy and https://policies.google.com/technologies/cookies. The safeguards PKA applies to third-party processing of personal data are set out in Section 11.

Automatic machine translation may contain inaccuracies, errors, or omissions. The original English version of any content on the Site is the authoritative version and prevails in case of any discrepancy.

9. Disclaimers and Warranties

The Site and all of its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.

To the maximum extent permitted by Philippine law, PKA disclaims all warranties, including any implied warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.

We do not guarantee the accuracy of any content produced by the GTranslate automatic translation feature, and the original English version of the content prevails.

10. Indemnity

To the maximum extent permitted by Philippine law, you agree to indemnify, defend, and hold harmless PKA and its officers, directors, organizers, officials, employees, and volunteers from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Site.
• Your breach of these Terms.
• Your participation in any PKA event, tour, competition, or program.
• Any content you submit, including any third-party claim arising from that content.

11. Privacy and Data Protection

This section explains how PKA handles your personal data and your rights under the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and issuances of the National Privacy Commission (NPC). PKA is the Personal Information Controller (PIC) for the personal data collected through the Site and is accountable for processing it lawfully, fairly, and securely.

What we collect and why (right to be informed)

The Site collects personal data only when you complete the contact or join form. The data collected is your name, email address, phone number, and the message you write. We do not run analytics or tracking pixels, and we do not collect data through any other means on the Site. We collect this data for one purpose: to receive and respond to your inquiry and to administer membership and event interest. We process only the data needed for that purpose, and the data we collect is limited and proportional to it. The nature of the processing is collection, transmission to PKA by email, review, storage, and reply. The extent is limited to the four data fields above. The processing continues for the duration set out under retention below. The main risk in this processing is unauthorized access to or disclosure of your data, which we address through the security measures described below.

Lawful basis for processing

We process your personal data on one or more of the following lawful criteria under the Data Privacy Act: your consent, given when you voluntarily submit the form; the necessity of processing to take steps at your request and to perform or enter into a membership or participation arrangement with you; and our legitimate interests in responding to inquiries and operating PKA, where those interests are not overridden by your rights.

Who we share it with

We disclose your personal data only to the third-party services named in Section 8. The email delivery service (the email system built into the Site's hosting and WordPress) transmits your form submission to PKA. If you use the GTranslate feature, the content of the page you view, which may include data you have entered, is sent to Google for translation. We do not sell your personal data, and we do not share it with any party for advertising.

Cross-border transfer safeguards

Where a third party such as Google processes data outside the Philippines, PKA remains accountable for that data under the Data Privacy Act. We take reasonable steps to ensure a comparable level of protection, including relying on the third party's own published privacy commitments and contractual and policy terms, limiting any transfer to what is necessary for the stated purpose, and using providers that publish data-protection and security terms. You can review Google's terms through the links in Section 8.

How long we keep it (retention and disposal)

We keep your personal data only for as long as needed to respond to your inquiry and to administer any resulting membership or event interest, and for a reasonable period afterward to maintain records, generally no longer than twenty-four (24) months from your last contact, unless a longer period is required by law or to establish, exercise, or defend a legal claim. When the data is no longer needed, we securely dispose of it in a way that prevents further processing, unauthorized access, or disclosure.

How we protect it (security measures)

PKA implements reasonable and appropriate organizational, physical, and technical security measures to protect your personal data against accidental or unlawful destruction, alteration, and disclosure, and against unauthorized access. These include limiting access to personal data to authorized PKA personnel on a need-to-know basis, using access-controlled accounts and reputable hosting, applying secure transmission for the Site, and reviewing our handling practices periodically.

Your rights as a data subject

Under the Data Privacy Act you have the following rights, which you may exercise by emailing PKA at discovery@pkaorg.com with your request and enough detail for us to identify your data. We will respond within a reasonable time and in accordance with the law.

• Right to be informed that your personal data is being or has been processed, including the purpose, nature, extent, scope, and the parties to whom it may be disclosed, as described in this section.
• Right to object to the processing of your personal data, including processing based on consent or legitimate interest. Where you object or withdraw consent, we will stop the relevant processing unless there is another lawful basis to continue.
• Right to access the personal data we hold about you and information about how it has been processed.
• Right to rectification, to have inaccurate or incomplete personal data corrected or updated.
• Right to erasure or blocking, to suspend, withdraw, or order the blocking, removal, or destruction of your personal data where permitted by law.
• Right to damages, to be indemnified for damage sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of your personal data.
• Right to data portability, to obtain a copy of your personal data in an electronic or structured, commonly used format, where applicable.
• Right to lodge a complaint with the National Privacy Commission, as set out below.

Withdrawing your consent

Where we rely on your consent, you may withdraw it at any time, and withdrawing consent is as easy as giving it. Email us at discovery@pkaorg.com to withdraw. Withdrawal does not affect the lawfulness of processing carried out before you withdrew, and we will stop the consent-based processing unless another lawful basis applies.

Data breach notification

If a personal data breach occurs that is likely to give rise to a real risk of serious harm to affected data subjects, PKA will notify the National Privacy Commission and the affected data subjects within the period and in the manner required by the Data Privacy Act and NPC issuances, and we will take reasonable steps to address and mitigate the breach.

Data Protection Officer and contact

PKA has designated a Data Protection Officer (DPO) who is accountable for our compliance with the Data Privacy Act. You may reach the DPO and direct any privacy question, request, or concern to discovery@pkaorg.com.

Complaints to the National Privacy Commission

If you believe your data privacy rights have been violated, you may file a complaint with the National Privacy Commission, the independent regulator for data privacy in the Philippines. We encourage you to contact us first at discovery@pkaorg.com so we can try to resolve the matter. You can reach the NPC through its website at https://privacy.gov.ph and by email at complaints@privacy.gov.ph.

International visitors

For visitors located outside the Philippines, we apply the protections described in this section. Where local mandatory data-protection rights, such as those under the EU General Data Protection Regulation, apply to you, we will honor those mandatory rights to the extent they apply, as further described in Section 14.

12. Limitation of Liability for Site Use

To the maximum extent permitted by Philippine law, and separately from the sport-participation provisions in Section 6, PKA and its officers, directors, employees, and volunteers shall not be liable for any indirect, incidental, special, or consequential loss or damage arising out of or in connection with your access to or use of the Site, your inability to use the Site, or your reliance on any content or translation on the Site. Nothing in this section limits any liability that cannot be limited under Philippine law, or any liability arising from PKA's own gross negligence or willful misconduct.

13. Changes to Terms

PKA may modify or update these Terms at any time. Changes take effect when the updated Terms are posted on the Site.

Your continued access to or use of the Site after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Site.

We will update the "Last updated" date at the top of this document whenever changes are made.

14. Governing Law, Jurisdiction, and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict-of-law principles. The primary data-protection law that applies is the Data Privacy Act of 2012 (Republic Act No. 10173), with the National Privacy Commission as regulator.

You agree that the proper courts of Pasig City, Metro Manila, Philippines, shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or your use of the Site, subject to any mandatory provisions of Philippine law.

For our international visitors, where local mandatory consumer or data-protection rights (such as those under the EU General Data Protection Regulation) apply to you by law, nothing in these Terms is intended to deprive you of the protection of those mandatory rights. Where there is a conflict, those mandatory protections apply to the extent required by law, while Philippine law otherwise governs these Terms.

15. Force Majeure and Event Cancellation

PKA is not liable for any failure or delay in performing its obligations, or for the postponement, modification, suspension, or cancellation of any event, tour, competition, or program, where this is caused by events beyond our reasonable control. These include unsafe or adverse weather, wind, current, or water conditions, acts of nature, fire, flood, epidemic or pandemic, government action or restriction, civil disturbance, strike, failure of utilities or communications, and other similar events. Because wind and weather are inherent to kiteboarding, events may be delayed, shortened, relocated, or cancelled for safety. Where an event is affected by such circumstances, any refund of fees, if applicable, is governed by the separate event rules and the payment-channel terms described in Section 2, and PKA shall not be liable for any other loss, cost, or expense you incur as a result.

16. No Waiver and Assignment

No failure or delay by PKA in exercising any right or provision under these Terms operates as a waiver of that right or provision, and no single or partial exercise of any right prevents any further exercise of it. Any waiver must be in writing to be effective.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. PKA may assign or transfer its rights and obligations under these Terms to a successor or affiliated body, consistent with applicable law and the protection of your personal data.

17. Severability and Entire Agreement

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

These Terms, together with the privacy provisions in Section 11 and any applicable event rules, waivers, and assumption-of-risk forms, constitute the entire agreement between you and PKA regarding your use of the Site, and supersede any prior understandings on that subject.

18. Contact

Questions about these Terms, or any privacy request, may be sent to PKA and its Data Protection Officer using the details below.