TERMS OF SERVICE
These Terms govern claims you and Goodwear have against each other can be brought and will require you to submit claims you have against Goodwear on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.
These terms and conditions shall apply unless inconsistent with applicable law. In case of conflict with law, the law shall prevail, but all other provisions not inconsistent with law shall remain valid and binding.
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, browsing and using the Site or any of our applications through whatever platform (hereafter collectively referred to as the "Site") and/or by completing a reservation or making a booking on the Site, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.
DESCRIPTION OF SERVICES
In the Site, Goodwear provides users with access to sales of resale items online and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site
USE OF WEBSITE
Goodwear grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Goodwear’s sole discretion) an unreasonable or disproportionately large load on Goodwear’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Goodwear to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Goodwear.
ELIGIBILITY AND PERMISSION TO USE
To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into these Terms and Conditions. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. We reserve the right to refuse service to anyone for any reason at any time.
We grant you permission to use the Site subject to the restrictions in these Terms.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the law. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), Goodwear has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Goodwear has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Goodwear immediately of any unauthorized use of your account or any other breach of security. Goodwear reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SUBMITTED CONTENT AND PROHIBITED USES
The Site and Service may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. Goodwear is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Goodwear may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:
I is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable Philippines or foreign laws;
II may contain software viruses or malware;
III contains advertisements or solicitations of any kind, or other commercial content;
IV is designed to impersonate others;
V contains personal information (such as messages that include phone numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
VI contains messages by non-spokesperson employees of Goodwear purporting to speak on behalf of Goodwear or containing confidential information or expressing opinions concerning Goodwear;
VII contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
VIII contains multiple messages placed within individual folders by the same user restating the same point;
IX contains chain letters of any kind; or
X contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
AUTHENTICATION AND BRANDS
You acknowledge and agree that Goodwear’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Goodwear in any manner. However, Goodwear fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY GOODWEAR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOODWEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOODWEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. GOODWEAR DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, GOODWEAR’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOODWEAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GOODWEAR IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER REPUBLIC OF THE PHILIPPINES LAW.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.
You will indemnify and hold harmless Goodwear from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Goodwear and such parties, and shall defend Goodwear and such parties against any and all claims arising out of (1) your violation of any term of these terms of service; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable Philippine law or the rights of a third party. Goodwear will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Goodwear.
FORCE MAJEURE AND OTHER EXEMPTIONS
Goodwear shall be excused from performance under these terms of service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Goodwear. In the event that Goodwear is temporarily unable to ship to you a purchased item because of such an event, Goodwear will give you the option of deferring shipment or receiving a refund of your charges.
EXCLUSIVE VENUE AND CLASS ACTION WAIVER
The Terms of Service will be governed and interpreted according to the laws of the Republic of the Philippines. Any suit shall be brought in the court/s of appropriate jurisdiction in the city of Makati City, Metro Manila to the exclusion of all other venues.
We each agree that suit or proceeding will be conducted only on an individual basis between You and Goodwear and not in a class, consolidated, or representative action.
When you use the Site, Service or send emails to Goodwear, you are communicating with Goodwear electronically. You consent to receive communications electronically from Goodwear. Goodwear will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
The Site, Service or third parties may provide links to other websites or resources. Because Goodwear has no control over such sites and resources, you acknowledge and agree that Goodwear is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Goodwear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Goodwear and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Goodwear or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Goodwear respects the intellectual property of others, and we ask our users to do the same. Goodwear may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Goodwear Copyright Agent the following information:
I an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
II a description of the copyrighted work or other intellectual property that you claim has been infringed;
III a description of where the material that you claim is infringing is located on the Site;
IV your address, telephone number, and email address;
V a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
VI a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Goodwear’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: firstname.lastname@example.orgGoodwear may update these addresses from time to time.
Not withstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is the buyer's responsibility to ascertain and pay all taxes due. The price, as indicated in the Confirmed Sales Invoice, is inclusive of all the necessary taxes in the Philippines.
PACKING AND SHIPPING
Buyers are responsible for all shipping costs and fees. We will, at the buyer's expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer in order to facilitate such services for property purchased from Goodwear. As a courtesy to buyers, Goodwear will, without charge, wrap purchased items for hand carry only. Any such instruction, whether or not made at our recommendation, is entirely at the buyer's risk and responsibility and we will not be liable for acts or omissions of third party packers or shippers. Goodwear will require presentation of government issued identification prior to release of a piece to the buyer or the buyer's authorized representative.
THESE TERMS AND CONDITIONS OF SALE ARE SUBJECT AT ALL TIMES TO GOODWEAR’S TERMS OF SERVICE.
All content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Goodwear or its content suppliers and protected by philippine and international copyright laws, whenever applicable. The overall compilation of all content on this website is the exclusive property of Goodwear and protected by philippine and international copyright laws, whenever applicable. All software used on this website is the property of Goodwear or its software suppliers and protected by philippine and international copyright laws, whenever applicable. The unauthorized reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited.
HOW TO CONTACT US