Please read this Terms of Use Agreement carefully.
Definitions
a. Account Information – your name, mobile number, address, email address, password & billing information.
b. Agreement – this Terms of Use Agreement
c. Content – all information, commentaries, views, opinions, and materials appearing on our Site and Services.
This pieces of information and materials may originate from us or form others.
d. Services – the facilities or benefits available on our website, such as buying our products and the products of
our third-party merchants or partners. Depending on context, this word may refer to some or all the facilities or
benefits being offered on our Site.
e. Site – this website www.whitecoatmanila.com
f. Technology – software, code, proprietary methods and systems used to provide and maintain our Site and its
Services.
g. We, Our, or Us– White Coat Manila (Manila Embroidery Gold, Inc.), its affiliates, and agents. (These pronouns
have the same meaning even if the initial letter is not capitalized.)
h. You – the user of our Site, which may be an individual or a legal entity. (This pronoun has the same meaning
even if the initial letter is not capitalized.)
Generally
By browsing, accessing, or using our Site, including availing of the Services offered in it or creating an
account, you represent and warrant that:
(1) you have read and understood this Agreement,
(2) you are, under the laws of your jurisdiction, of legal age and may enter into a binding contract with us,
(3) you agree to be bound by this Agreement, and
(4) you have the authority (if you are representing a company or someone else) to bind your company or
principal
to this Agreement, and you are hereby binding your company or principal to this Agreement.
If you do not agree to be bound by the terms of this Agreement, please do not access our Site or avail of our
Services.
Certain Services may be subject to additional terms and conditions. We will let you know (either here or in a
separate document) if this is so. If any of the terms of this Agreement is inconsistent with the additional terms,
the additional terms will prevail with respect to those specific Services.
We reserve the right to modify at any time the terms of this Agreement. Changes will be effective upon posting of
the updated version. Posting will also constitute our notice to you. Thus, please regularly review this Agreement
as your continued access or use of our Site or Services after the posting of the modified version of this
Agreement will mean that you agree to the changes. If you object to any such changes, please don’t access our Site
or Services.
1. REGISTRATION
Creating an account with us is not required for you to be able to browse our Site or order from
us. However, having an account will provide a faster and more convenient sales experience. You may also be
entitled to advance information / benefits, such as new product release dates and discounts. If you do create an
account, please provide us with true, accurate, current, and complete information. If we believe or suspect that
your information is not true, accurate, current, or complete, we may deny or terminate your access to our Site or
Services (or any portion thereof).
2. ACCOUNT INFORMATION
When you create an account, please do not transfer or share your Account Information with
anyone. If someone accesses our Site or Services using your Account Information, we will rely on that Account
Information and will assume that it is you or your representative who is accessing the Site and Services. You are
solely responsible for any and all use of your Account Information and all orders and activities that occur under
or in connection with your account. Please notify us immediately if you become aware that your Account Information
is being used without your permission.
You may also not use anyone else's account or Account Information at any time, without the permission of the
account holder.
Without limiting any rights that we may otherwise have, we reserve the right to take any and all action (including
terminating your account or requesting additional information from you) to ensure the security of our Site and
your account and Account Information.
Unless a loss or damage is due to our breach of this Agreement, gross negligence, or willful misconduct, in no
event and under no circumstances will we be held liable to you for any liabilities or damages resulting from or
arising out of (i) any action or inaction on our part under this provision (including the automatic termination of
your account), (ii) any compromise of the confidentiality of your account, Account Information, or password, and
(iii) any unauthorized access or use of your account, Account Information, or password.
3. ORDERS.
a) When you place an order through our Site, we will confirm your identity by sending an email to the email
address you have provided to verify your order. Your placement of an order is merely an offer to purchase the
product(s) you ordered. Your receipt of an order confirmation in whatever form does not signify our acceptance of
your order, nor does it constitute confirmation of our offer to sell. Your order will be deemed accepted by us
when your payment is processed and when we hand the ordered product(s) to a common carrier for shipment.
We may require additional verifications or pieces of information from you before accepting any order. All products
are deemed accepted by you upon shipment. Title to, and risk of loss of, the products pass to you when we hand the
product(s) to a common carrier. Any estimated shipping date that we provide is based on product availability and
payment processing time. It does not include transit time.
b) We reserve the right to decline to accept your order or any part of your order on reasonable grounds or
when
permitted by this Agreement. If some of the products you ordered are temporarily out of stock, we will notify you
by email and will work with you in good faith to find a suitable replacement for those items. If we are unable to
find a suitable replacement, we will ship the available products only and provide a refund for any out-of-stock
products. If we decline to accept your order, we will notify you by email.
c) If any product is discontinued or otherwise becomes unavailable, we reserve the right to cancel your order
and
provide you a refund.
d) Please see our Returns and Exchanges pages for our rules and policies on returns and exchanges.
e) RESTRICTIONS ON RESALE. To protect our intellectual property rights and the intellectual property rights
of our
licensors and suppliers, any resale of our products for personal and/or business profit is strictly prohibited. We
reserve the right to decline any order that we deem to possess characteristics of reselling. We actively protect
our intellectual property rights and will not hesitate to do so upon learning of any unauthorized resale of our
products.
f) For Canadian, UK and EU customers, this wording is required to appoint you as the importer for the goods
and to
authorize our customs broker to import the goods on your behalf. As the goods are being shipped from outside
Canada, the UK or EU, you, and not us, will be the importer of the goods into your country and will be liable to
pay any taxes, GST, VAT and/or customs duties due on the goods.
4. SIZING TOLERANCES
While we do our best to sew each garment precisely to its specification every time, hand sewing and fabric
properties naturally result in small variations. Over time and frequent laundering may shrink or stretch outside
of our allowable delivery tolerances.
WHAT IS A SIZE TOLERANCE?
A size tolerance is the allowable limit of variation in clothing measurement compared to its declared size. White
Coat
Manila applies the internationally accepted size tolerance of +/- 3% for our clothing.
WHY ARE SIZE TOLERANCES NECESSARY?
Minor variation in sizing is unavoidable during our cutting and sewing processes. More significantly, fabric will
shrink
or stretch as much as 3% when laundered. For this reason it is impossible to guarantee sizing more precise than
our
stated tolerances.
5. PURCHASE TERMS.
i. To pay for an order, you need to provide us with the following information, your name, mobile number,
address,
email address, password & billing information. You may pay using the different options mentioned in our Site,
which includes Mastercard, Visa, JCB, American Express, BPI Online, Gcash, Grabpay (through AsiaPay Philippines).
By submitting your payment information, you are not only making a payment for your order but also authorizing us
to charge the applicable payment provider at our convenience but within 30 days of credit card authorization. You
represent and warrant that you will not use any payment provider unless you have all necessary authorization to do
so.
ii. We expect that because orders require a valid credit card or an online payment account, only persons 18
years
or over are placing orders, and providing us with the information requested. We will not be liable if your
children or others acting with or without your permission use your credit card or other means of payment to make
purchases; however, you may report any unauthorized use to us, and we will use reasonable measures within our
control to help prevent future unauthorized use of your card.
iii. AsiaPay Philippines is our payment gateway provider. It provides us with the online e-commerce platform
that
allows us to provide you with payment Services (e.g., credit card transaction processing, merchant settlement). By
purchasing from us, you agree to be bound by AsiaPay Philippines’ Payments Terms of Use and Privacy Policy. You
also consent to provide and authorize us and AsiaPay to share with banks and mobile wallet providers any
information and payment instructions you provide to the minimum extent required to complete payment transactions.
6. PRICING AND PRODUCTS
We do our best to display our products and their colors as accurately as possible. Having
said that, the displayed colors of the products will depend on your monitor and we cannot guarantee that your
monitor will accurately portray the actual colors. Products displayed may be out-of-stock or discontinued, and
prices are subject to change before successful payment of an order. All prices do not include shipping and
handling, GST, VAT, sales taxes, or any customers charges or duties (including brokerage fees) which, if
applicable, will be added to your total purchase price before you pay for your order. You are responsible for the
payment of any shipping and handling charges, state, GST, VAT, provincial and local sales or use taxes, and
customs charges or duties (including brokerage fees) that may apply to your order.
7. PROMOTIONAL OFFERS.
a. From time to time, we may run promotional offers on our Site. The terms of these promotions will also be
posted
on the Site. If you participate in these promotional offers, you acknowledge that you have read and understood the
applicable terms, which are deemed incorporated by reference into this Agreement. Promotional offers may not be
available in your jurisdiction.
b. We may also create discounts and promotional codes, or other features or benefits, that may be redeemed
for
credit in your account, subject to any additional terms that we establish on a per promotional code basis. Promo
codes cannot be purchased. Promo codes may only be used once per person. Only promo codes sent to you through our
official communications channels are valid. You agree that promo codes: (i) must be used for the intended audience
and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made
available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us;
(iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to
the specific terms that we establish for such promo code; (v) are not redeemable for cash; and (vi) may expire
before your use.
8. TECHNOLOGY
You understand and acknowledge that our Technology is (i) copyrighted by us or our licensors; (ii)
subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors.
Our Technology may not be reverse engineered, copied, modified, reproduced, republished, posted, transmitted,
sold, offered for sale, or redistributed in any way without our prior written permission and the prior written
permission of our licensors. Nothing in this Agreement grants you any license to our Technology, or any right to
receive a copy of our Technology, or to obtain access to our Technology except as generally and ordinarily
permitted by this Agreement.
9. TRADEMARKS
Certain names, logos, and other materials displayed on our products, our Site, or in the Services
constitute our or other entities’ trademarks, trade names, Services marks, logos, graphics, designs, or other
commercial symbols. You are not authorized to use these marks, names, graphics, designs, symbols, or logos.
Ownership of these and the goodwill associated with them remain with us or those other entities. Any third-party
software provided in connection with the Site or Services are governed solely by third-party licenses.
10. CONTENT AND THIRD-PARTY WEBSITES.
a) When you access our Site and Services, you obtain access to Content that may come from us or from other
users,
our suppliers, advertisers, and other third parties. Because we do not control third-party Content, you agree that
we are not responsible for this third-party Content. We do not make any warranties, representations, endorsements,
or guarantees about its accuracy, currency, suitability, or quality of the information. We assume no
responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third-party Content.
b) Although we vet third-party websites that we link to our Site, we cannot guarantee that these websites,
whom we
do not have any control, do not contain materials that are offensive, indecent, or objectionable. We are not
responsible for the Content, products, materials, or practices (including privacy practices) of these websites. We
make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the
quality, Content, nature or reliability of third-party websites, products, or services accessible by hyperlink or
otherwise from our Site or Services. We provide these links for your convenience only.
c) Our Site and Services may contain links to websites that are operated by us but operate under different
terms
of use. It is your responsibility to review the privacy policies and terms of use of these websites.
d) We may, but are not obligated to, remove a specific Content or website link from our Site for any reason,
including if we determine or suspect that such Content or website violates our policies and rules.
11. RULES ON CONTENT.
a) You agree not to revise any Content, and you represent and warrant that you will not post any Content that:
● Infringes the intellectual property rights of others;
● Violates any applicable law, rule, ordinance, or regulation;
● Infringes third-party rights (such as privacy and publicity rights);
● Is false or inaccurate;
● Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic,
indecent, vulgar, harassing, discourteous, hateful, abusive, or offensive, as determined by us in our sole
discretion;
● Discloses or provides information protected under any law, Agreement, or fiduciary relationship;
● Misrepresents your identity in any way;
● Contains any viruses, spyware, malware, worms, or other disabling devices or other harmful component
intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal
information;
● Advocates or encourages an illegal activity;
● Has the potential to create liability for us;
● Has the potential to or cause us to violate the requirements of or to lose the services, in whole or in
part, of
our Internet Services providers or other suppliers.
Although we exert every effort to enforce these rules, you may still be exposed to Content that violates our
policies. Thus, you access our Site and our Services at your own risk.
b) When you post, upload, or publish Content on our Site, you grant us a fully paid, royalty-free, perpetual,
irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to
use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly
display, derive revenue or other remuneration from, and communicate to the public, your Content (in whole or in
part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for
the full term of any worldwide intellectual property right, including moral rights, that may exist in your
Content.
c) Please remember that others may search for, see, use, modify, and reproduce any Content that you submit to
any
“public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including
moral rights, in your Content, has completely and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above. You agree that you, not us, are responsible for all
your Content on the Site.
12. GENERAL RULES OF CONDUCT. You agree not to use, reproduce, duplicate, copy, sell, resell or exploit our
products or any portion of the Site or Services. You also undertake not to do the following:
● Conduct or promote illegal activities while using the Site or Services;
● Upload, distribute, or print anything that may be harmful to minors;
● Attempt to jeopardize the correct functioning of the Site, or otherwise attempt to derive its source code
of the
software.
● Attempt to gain access to secured portions of the Site or Services to which you do not possess access
rights;
● Upload or transmit any form of virus, worm, malware, or other malicious code;
● Use the Site or Services to generate unsolicited email advertisements or spam;
● Use the Site or Services to stalk, harass, or harm another;
● Use any high volume automatic, electronic or manual process (like bots, spiders, or scripts) to access,
search
or harvest information from the Site or Services:
● Interfere with the proper functioning of the Site and Services;
● Interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the Site or Services;
● Use any robot, spider, other automatic device, or manual process to extract, monitor, “mine,” or copy any
static
or dynamic web page on the Site or the content contained on any such webpage for commercial use without our prior
express written permission;
● Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
● Mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the
display of
its pages.
13. FEEDBACK. We accept feedbacks and constructive criticisms, which you may send to us through the Site or
through any other means of communications. If you do give any feedback or criticism, you agree that we may use
this to modify our products, Site, or Services or to develop new products, Site, or Services. You also agree that
we will not be obliged to compensate you for any feedback or criticism that we use.
14. MODIFICATIONS TO THE SITE OR SERVICESS. We reserve the right to modify or discontinue the Site or Services at
any time and without notice to you, and we will not be liable to you should we exercise this right. From time to
time, you may need to update third-party software to enable you to use our Site or Services. If you object to any
such changes, please stop accessing our Site or Services. Continued access to our Site or Services following
notice of any changes indicates your acknowledgement of and consent to such changes.
15. TERMINATION OF ACCESS. You agree that we may immediately terminate your access to the Site and Services at any
time, for any reason. To the full extent allowed by law, you agree that we will not be liable to you or any other
party for any termination of your access to the Site or Services. All provisions of this Agreement that by their
nature should survive, will survive termination of your access to our Site or Services, including ownership
provisions, warranty disclaimers, limitation of liability, and dispute resolution.
16. PRIVACY POLICY. You acknowledge that you have read and understood our Privacy Policy.
17. DISCLAIMER OF WARRANTIES. Unless otherwise specified, this Site and all its Content, products, and Services
are provided by us “with all faults” and on an "as is" and "as available" basis. To the fullest extent permitted
by applicable law, we make no representations or warranties of any kind, whether express or implied, as to the
operation of this Site or its Content, products, or Services, unless otherwise specified, including, but not
limited to, any warranties or conditions of quality, durability, merchantability, fitness for a particular or
general use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of this
Site is at your sole risk.
We make no representation or warranty that the products, Site, or Services will meet your requirements, or that
the Site or Services will be uninterrupted, timely, secure, or error free. We make no representation or warranty
as to the results that may be obtained from the use of our products, Site, or Services, or that defects in the
Site or Services will be corrected. You understand and agree that you are solely responsible for any damage to
your computer or loss of data that results from the download of any material and/or use of Site or Services,
unless such loss or damage is due to our willful misconduct. No advice or information, whether oral or written,
obtained by you from us through the Site, Services, or otherwise will create any warranty, condition,
representation or guarantee not expressly stated in this Agreement.
18. LIMITATION OF LIABILITY.
a. You acknowledge and agree that we are only willing to sell the products and provide access to the Site and
Services if you agree to limit our liability to you and to third parties.
b. Unless not allowed by an applicable law, we or our officers, employees, directors, parents, subsidiaries,
affiliates, agents or licensors will not be liable for any indirect, incidental, special, consequential or
exemplary damages, arising out of or related to your use of or access to, or the inability to use or to access,
the Site or the Services or use of the products, regardless of whether such damages are based on contract, tort
(including negligence and strict liability), warranty, statute or otherwise.
c. We will not be liable for any damages arising from any transaction between you and third-party merchants or for
any information appearing on third-party merchant websites or any other site linked to ours.
d. To the fullest extent permitted by law, our total liability to you for all claims arising from or related to
the Site, the Services or the products is limited, in aggregate, to the greater of (i) the total amount of the
ordered product(s) giving rise to our liability and (ii) PhP1,500 or its equivalent foreign currency.
19. INDEMNIFICATION. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless
WHITE COAT MANILA (Manila Embroidery Gold Inc.), our parents, subsidiaries, affiliates, officers, directors,
co-branders and other partners, employees, consultants and agents, from and against any and all third-party
claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' or legal fees and
court costs) that such parties may incur as a result of or arising from: (i) your unauthorized use of, or misuse
of, the products, site or services; (ii) your violation of any portion of this Agreement; (iii) your violation of
any rights of any other person or entity; or (iv) any viruses, worms, spyware, malware, or other similar harmful
or deleterious programs you put into the Site or Services. Despite your indemnifying us, we reserve the right to
assume exclusive control in asserting any available defenses that we may have. You agree to fully cooperate with
us in asserting any defenses.
20. Electronic Communications. Our Services are mostly done online, so please allow us to communicate with you
electronically.
By using our Site and Services, you (i) consent to receive electronic communications from us; (ii) consent to do
business electronically with us; and (iii) agree that all terms and conditions, Agreements, notices, documents,
disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal
requirement that such Communications would satisfy if it were in writing. You may withdraw your consent to receive
Communications electronically by contacting us in the manner described below. If you withdraw your consent, from
that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the
legal validity and enforceability of any obligations or any electronic Communications provided or business
transacted between us before the time you withdraw your consent. Please keep us informed of any changes in your
email or mailing address so that you continue to receive all Communications without interruption.
Notice. Remember to always give us your valid email address. If the email address you provided is not valid, or
for any reason is incapable of delivering to you any notices required/ permitted by this Agreement, you agree that
our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may notify us of any change in email address by e-mailing us at whitecoatmnl@gmail.com.
21. OTHERS
1. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null and void.
2. Questions and Complaints. If you believe that we have not adhered to the terms of this Agreement, please
email
us at whitecoatmnl@gmail.com We will do our best to address your concerns. If you feel that your complaint has
been addressed incompletely, we invite you to let us know for further investigation.
3. Limitations Period. You agree that your right to any cause of action against us in relation to or arising
out
of this Agreement, our products, Site, or Services prescribes in one year. Thus, any cause of action that you may
have against us in relation to or arising out of this Agreement, our products, Site, or Services must be commence
within one year from the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
4. Violations. If we become aware of any possible violations, or if we, in our sole discretion, determine that
you
breached any term of this Agreement or have otherwise demonstrated conduct inappropriate for our Site or Services,
we reserve the right to: (i) investigate your behavior, including your possible violations; (ii) refer the matter
to, and cooperate with any and all applicable legal authorities; (iii) disclose any information on our Site or
Services to comply with applicable laws, legal processes or governmental requests; (iv) deactivate your Account
and cancel your Product purchase(s); (v) enforce the terms of this Agreement; and (v) pursue any other action that
we deem appropriate.
5. Governing Law. This Agreement and any action related thereto will be governed and interpreted by and under
the
laws of the Republic of the Philippines. The United Nations Convention on Contracts for the International Sale of
Goods does not apply to these Terms of Use.
6. Force Majeure. Under no circumstances will we be held liable for any delay or failure in performance
resulting
directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without
limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages
of transportation facilities, fuel, energy, labor or materials, fires, floods, storms, explosions, acts of God,
pandemics, war, acts of civil or military authorities, quarantine measures, orders of domestic or foreign courts
or tribunals, or non-performance of third parties.
7. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be
deemed a
waiver of any other provision or of such provision on any other occasion.
8. Arbitration. Any dispute, controversy, difference or claim arising out of or in relation to this
Agreement,
including any question as to the interpretation, implementation, existence, validity, breach or termination
thereof or as to any non-contractual obligation arising out of or relating thereto, shall be referred to and
finally resolved by arbitration administered by the Philippine International Center for Conflict Resolution
(“PICCR”) in accordance with the PICCR Arbitration Rules in force at the time of the commencement of the
arbitration (“PICCR Arbitration Rules”), which rules are deemed incorporated by reference in this clause.
The arbitration shall be conducted by one or more arbitrators to be appointed in accordance with the PICCR
Arbitration Rules.
The seat of the arbitration shall be the Philippines.
The language of the arbitration shall be English.
This arbitration Agreement shall be governed by the laws of the Philippines.”
9. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable,
the
other provisions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by law.
10. Survival. The provisions on ownership, warranty disclaimers, and limitation of liability shall survive
termination or expiry of this Agreement.
11. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with
respect to
its subject matter and supersedes and merges all prior discussions between the parties with respect to such
subject matter.
