Terms of Use
INTRODUCTION
Welcome to www.jockey.com.ph (hereinafter referred to as “Jockey Philippines”, “company” “we”, “us”, “our”, “website”, or “site”), the official e-commerce website of Jockey Philippines which is hosted and maintained by GTVL Manufacturing Industries, Inc., an authorized licensee of Jockey International, Inc. It showcases Jockey® products, offers promotional activities and shares helpful information. It enables Philippine consumers who visit the website, the opportunity to buy Jockey® products online for delivery in the Philippines.
READING AND ACCEPTING THE PROVISIONS OF THIS TERMS OF USE AS WELL AS THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR ALLOWING YOU ACCESS OR GRANTING YOU THE RIGHT TO BROWSE, VIEW, VISIT, USE, READ OR INTERACT WITH THE WEBSITE.
By browsing, viewing, visiting, using, READING, OR INTERACTING the website, and/or submitting any information to our site, YOU HEREBY EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, including the Privacy Policy of the website, Terms and Conditions of our Promotional Activities, as well as OUR Return Policy (collectively referred to as the “Company Agreements”). You affirm that you are at-least 18 years of age and is fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in the Company Agreement.
PARTIES TO THE TERMS OF USE
Visitors, viewers, guests, users, subscribers, members, affiliates, or customers (collectively referred to hereafter as "Customers") and the website and its owner, administrators and/or operators (collectively referred to hereinafter as "Jockey Philippines") are parties of this agreement.
OWNERSHIP, WEBSITE CONTENT & OTHER MATERIALS
All contents, materials, information and data in and on the website, including but not limited to photographs, video clips, product images, graphics, text, logos, button icons, and software, are copyrights of and owned by Jockey International, Inc., collectively, and its subsidiaries and/or affiliates, and is hereby protected by the applicable Intellectual Property laws. Any unauthorized use, distribution, reproduction and recompilation through any form or means of any or all of these contents are not allowed without the expressed knowledge and prior written approval of Jockey International, Inc. and/or the website. You may not modify in any way any part of the Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of Jockey. You may, however, download and copy items such as store locations or product descriptions displayed for personal, non-commercial use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
In the event that you are found to have infringed any intellectual property of Jockey, the Company has the right to terminate your account and may file appropriate legal action, civil and/or criminal, against you.
Under this Terms of Use, we grant you a limited, revocable, non-transferable right to use the Site for your personal, non-commercial use. You obtain no other rights, interest or claim whatsoever to the Site or any aspect of the Site.
In order to use the site and create an account, the customer should be at-least eighteen (18) years of age and a resident of the Philippines. To create an account, the customer shall be asked to provide personal information such as gender, complete name, birthday, address, contact number and email address. Customers are allowed to create one (1) account only. Giving fraudulent information, impersonating someone and creating multiple accounts may result to account termination and criminal or civil liability. The customer is solely responsible for his or her account and any activities that may occur while using it. It is also the customer’s responsibility to maintain confidentiality of his or her account and password.
Your rights may include, subject to the succeeding provision, the right to create a hypertext link that leads from another website or webpage with content, material or information (collectively, including, but not limited to, the content, material and information, the "link") to our Site, so long as: a) the link only incorporates text and not our or anyone else’s trademarks; b) you do not replicate Site content; c) the link does not suggest any affiliation with, representation of or endorsement by, us or does, or is likely in our judgment to, cause confusion among customers; d) the link does not portray us, our products or services in a false, misleading, derogatory, or offensive manner and does not adversely affect our goodwill and reputation, and e) links are not embedded into or otherwise contained within frames representing your website unless you have our separate permission to do so. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
Unless expressly authorized by the foregoing provision, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to any other site for any reason. Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor you are allowed to 'frame' the website. You specifically agree to cooperate with us to remove or de-activate any such activities and be liable for all damages. We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature, security or reliability of third-party sites accessible by hyperlink from the Website. Such sites are not under the control of our company and we shall not be responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such third-party or external sites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party or external sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
When you visit the site or send e-mails to us, you are communicating with us electronically, and hereby consent to receive electronic communications from us also. We will communicate with you by posting notices on this site or by sending electronic mail to you for the purpose of opining you of changes or additions to this Site, or for such other purpose(s) as we deem appropriate, including advices on deliveries, cancellation, updates on products, services and promotional activities, responses to queries or feedback. If you wish to receive selected information only, you may send email to cs@jockey.com.ph stating the same as subject. If you wish to be removed from the mailing list, you may send email to cs@jockey.com.ph with “Unsubscribe” as subject line. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Product description is for information purposes only and although we make every effort to display products, including their colors, as accurate as possible, but sometimes your computer and monitor settings can affect what you see when you look at the Site. Consequently, we cannot warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition and in accordance with our return policy.
PRODUCT AVAILABILITY & PRICING
All Jockey® products shown on the website are available and may be shipped within the Philippine jurisdiction only. However, product stocks including availability of the size and color is subject to change anytime without prior notice. These products may or may not be offered in the boutiques and department stores, so to check its availability (in the stores) the customer may send inquiry to cs@jockey.com.ph. In addition, availability of Jockey® products may differ from one store to the other depending on the supply.
Product prices on the Jockey Philippine Site are in Philippine Peso, which include applicable taxes, but exclusive of shipping and handling costs upon delivery. You acknowledge and agree that there may be unintentional inaccuracies, omissions or errors regarding price, offers, promotions, availability or other matters and except as provided by law, we will not be held liable for these, but we will promptly correct them when brought to our attention. Goods may be out-of-stock or discontinued and prices are subject to change and, of course, we must reserve the right to limit the quantity of items purchased, to change and update information, as well as simply cancel orders you may have submitted, even if you received an automated confirmation, if information on the Site is found to be inaccurate.
To place orders, user can select product that he or she wants, click on the preferred color, size and quantity. Before checking out, user shall be asked to enter shipping address (within the Philippines only) and choose means of payment (cash-on-delivery, paypal or bank deposit). The shipping cost (or courier cost) shall be automatically added to the total check out price.
Title (i.e., ownership) and risk of loss for all goods ordered are passed on to you when we deliver the goods to the courier for shipment. Upon fulfillment, delivery waiting time for Metro Manila and provinces should be within 3 to 5 and 5 to 7 business days respectively, excluding Saturdays, Sundays and Holidays. Users can follow up on their orders by logging in to the site or by sending email to cs@jockey.com.ph. Orders for shipment outside the Philippines are not allowed.
Ordered goods are shipped and delivered by our third-party courier. Once the ordered goods are transferred to the courier, customer are to be bound and abide by the terms and conditions set by them. We will not be held responsible for any delays in shipment or delivery once the ordered goods are transferred to the courier.
We reserve the right to cancel orders you may have submitted, even if you received an automated confirmation, if information on the Site is found to be inaccurate, or an error in product listing (wrong price, color, promotion, size or description) or if a user is suspected or proved to have provided fraudulent information or is pretending to be someone else. Customer can only cancel his or her order if the products have not yet been picked up from our main office or delivered to the customer by the courier. Under the allowed circumstances, customer can cancel orders by sending email to cs@jockey.com.ph.
Return of ordered goods can only be made in accordance with the RETURN POLICY of Jockey Philippines set in this website.
PROMOTIONAL ACTIVITIES
From time to time, the site may offer promotional activities such as but not limited to contests, discounts or rewards. Terms and conditions of each promotion might vary from one to the other and change every now and then. You hereby accept any of its changes and term variations.
USER’S COMMENTS, FEEDBACKS & SUGGESTIONS
All comments, feedback, suggestions, ideas, and other submissions (collectively referred to as “comments”) made by customers to us or by this site or otherwise shall be and remain the property of the company. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We are and shall be under no obligation 1) to maintain any Comments in confidence; 2) to pay to user any compensation for any Comments; or 3) to respond to any user Comments. Users are solely responsible for the comments, feedback and suggestions that they submit to the website. Therefore, users must not send unlawful, defamatory malicious, abusive, sexually-oriented or obscene comments or feedback or any materials that violate rights of another company or person including copyright, trademark, or other personal or proprietary rights.
LIMITATION OF LIABILITY & INDEMNIFICATION
EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. You agree to defend, indemnify and hold US harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANT, PAYMENT PROCESSOR AND/OR THE WEBSITE TO HONOR YOUR CREDIT/DEBIT CARDS FOR ANY REASON, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS, OR ELECTRONIC TERMINAL WHERE YOU ARE MAKING A TRANSACTION DOES NOT OPERATE PROPERLY. NOT IN LIMITATION OF THE FOREGOING, JOCKEY PHILIPPINES WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE ERROR OR MALFUNCTION, OR ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION ERRORS. WE SHALL NOT BE HELD RESPONSIBLE FOR ANY OF OUR PRODUCTS THAT HAS BEEN DAMAGED OR LOST, OR THAT HAS BEEN STOLEN, AFTER THE SAME HAS BEEN DELIVERED TO THE COURIER FOR SHIPMENT. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER THE COST OF THE PRODUCT BUT SHOULD NOT BE MORE THAN FIVE THOUSAND PESOS (PhP5,000.00), PHILIPPINE CURRENCY. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
WARRANTIES, REPRESENTATION AND DISCLAIMER
ALL INFORMATION, CONTENTS, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. YOU USE THE WEBSITE, RUN ANY PROGRAM THEREIN AND SUBSCRIBED ANY PROMOTIONAL ACTIVITIES AND MARKETING MATERIALS AT YOUR OWN RISK. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, JOCKEY PHILIPPINES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT.
YOU SHOULD BE AWARE THAT THE WEBSITE OR THE PRODUCTS AND SERVICES THEREIN MAY CONTAIN OR DIRECT YOU TO SITES CONTAINING INFORMATION THAT YOU OR SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE, THUS, WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR TO THE PRODUCTS AND SERVICES THEREIN NOR BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OR MATERIAL CONTAINED IN OR ACCESS THROUGH THE WEBSITE. WE MAKE NO REPRESENTATIONS AND WARRANTIES WHATSOEVER, AND DISCLAIMS ANY RESPONSIBILITY AND LIABILITY, REGARDING THE CONTENT OR NATURE OF ANY ADS OR PROGRAMS MADE AVAILABLE ON THE SITE, OR ANY PRODUCT OR SERVICE ADVERTISED IN CONNECTION THEREWITH.
WE SHALL MAKE REASONABLE EFFORTS TO ENSURE THAT ALL TRANSACTIONS ARE PROCESSED IN A TIMELY MANNER. HOWEVER, WE MAKE NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE THE PROCES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, WHICH MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL, OR MAY BE SUBJECT TO PERIODIC TESTING, REPAIR, UPGRADE OR MAINTENANCE. THE COMPANY RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO SUSPEND ACCOUNTS, CANCEL ORDERS OR REFUSE THE EXECUTION OF TRANSACTIONS IF THERE ARE REASONABLE GROUNDS TO BELIEVETHAT AN ACCOUNT OR THE TRANSACTION IS BEING USED TO DEFRAUD US OR ANY OTHER PERSON, OR MAY BE USED FOR ILLEGAL PURPOSES.
MISCELLANEOUS
Trademark Credits
JOCKEY, Jockey Figure Logos, Swirl Icon Logo, Jockey Swirl Icon Logo, Y-Front, Y-Front Design, 3D-Innovations, Elance and other trademarks, logos and trade names used in the website are exclusively owned, controlled and licensed by Jockey International, Inc. While SILV-X and RAPID-WICK are local trademarks of GTVL Manufacturing Industries, Inc.
Changes and AmendmentsThis Terms of Use is dynamic. It will continually change from time to time. We reserve the right to modify, amend, omit, or add part or whole of the contents of the website and its Privacy Policy including this Terms of Use without prior notice. We will be posting the new version of the Privacy on the website which shall become effective immediately after it is posted herein, and your continued use of this website implies your acceptance of the provisions of this Terms of Use or any of its modifications.
Non-Waiver and Non-AssignmentFailure of the Company to insist upon strict performance of the terms of this Terms of Use shall not be deemed a relinquishment or waiver of any right or remedy that the Company may have against you, nor shall it be construed as a waiver of any subsequent breach herein. No waiver of any of the rights by the Company shall be deemed waived unless expressed in writing and signed by the Company’s representative. You shall not assign nor transfer your rights or obligations under this Agreement, whether by operation of law or otherwise, without the Company’s prior written consent.
Interpretation of the Terms, Breach, and DisputesIn the event of confusion and/or misinterpretation of any of the terms the “Company Agreements”, the Company has the exclusive right to interpret the same and shall provide at its sole discretion a final say or decision pertaining to the matter. Any breach and/or violation of the customer of any of the provisions of this Terms of Use or the Company Agreements shall be considered a material breach and will result to an irreparable and continuing damage to the Company for which there will be no adequate remedy at law. In that event, the Company shall have the right, in addition to any other rights or remedies available at law or in equity, to obtain injunctive relief and/or claims for damages under applicable laws, and shall be a cause for the immediate termination of user’s account at the option of the Company.
SeverabilityIf any terms of this Privacy Policy is declared or found to be illegal, unenforceable or void, then both Parties shall be relieved of all obligations arising under such provision. But if the remainder of this Privacy Policy shall not be affected by such declaration or finding and is capable of substantial performance, then each term not so affected shall be enforced to the extent permitted by law or shall be modified only to the extent necessary to allow such term to remain legally valid and enforceable.
JurisdictionThe provisions of this Terms of Use and all Company Agreements shall be governed by and construed in accordance with the laws of the Philippines, without any reference to conflict-of-laws principles. Any disputes, controversies or differences which may arise between you and the Company, out of, in relation to or in connection with this Privacy Policy, is hereby submitted irrevocably to the exclusive jurisdiction of the Courts of Manila, Philippines to the exclusion of any other courts.