1. INTRODUCTION
1.1 Welcome to Chiqui Rodriguez, Inc. (CRI) Partnership Program ("Partnership") platform (the "Site"). Please read the following Terms of Service (also known as "Terms and Conditions") carefully before using this Site or opening a Partnership account ("Account") so that you are aware of your legal rights and obligations with respect to Chiqui Rodriguez Inc. and its affiliates and subsidiaries (individually and collectively, "Chiqui Rodriguez", "CRI", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by the client software made available through the Site, and (c) all information in any form whatsoever, including but not limited to  linked pages and other images including texts, software, application services, relevant materials made available through the Site or its related services ("Content"). Any new features added or incorporated into the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by CRI.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller/partner (“Seller”) (collectively “you”, “Users”, "Partner" or “Parties”). The actual contract for sale is directly between Buyer and Seller and CRI is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods and services, warranty of purchase and the like. CRI is not involved in the transaction between Users. CRI may or may not pre-screen Users or the Content or information provided by Users. CRI reserves the right to remove any Content or information posted by you on the Site with reference to Section 6.4 herein. CRI cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 CRI reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. CRI may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. CRI may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 CRI reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

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BY USING PARTNERSHIP PROGRAM AS PART OF THE SERVICES OF CRI OR OPENING/CREATING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT REGISTER AND CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

 

2. PRIVACY
2.1 Your privacy is very important to us at CRI. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how CRI collects and uses the information associated with your use of the Services ("Privacy"). By using the Services or providing information on the Site, in summary you:

(i)   consent to CRI's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii)  agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and CRI;
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without CRI’s prior written consent; and
(iv)  shall not, whether directly or indirectly, violate the Privacy Policy.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

2.3 You acknowledge, consent to and agree that CRI may access, preserve and/or disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over CRI or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CRI, its Users and/or the public.

2.4 If you believe a User on our Site is violating these Terms of Service, please contact publicrelations@chiquirodriguez.com

2.5 CRI acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the sellers, CRI does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.

2.6 Each and every Seller agrees to hold CRI and its Affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.

3. BENEFITS OF PARTNERS FROM CRI PARTNERSHIP PROGRAM
3.1 CRI offers online marketing to Sellers/Partners at NO COST to start.  CRI offers transparency in communication from campaigns that is aligned from your branding. CRI  provides an online payment system that is comfortable for the customers.  CRI team will report daily regarding transactions, payments, and align with you for delivery requests complete with address and payment confirmations.  Simply put, CRI takes care of your online store through its Site, just provide the team with photos of your products, prices, and other relevant details through publicrelations@chiquirodriguez.com

3.2. Specific services are:
General services - Listing and publishing of materials, order verification, collecting payment, and reconciling of payment transactions related to Orders.
Marketing services - shop-in-shop, search engine marketing, and social media marketing.

3.3 Value-Added services are:
1. Assistance in migrating from offline to online platforms
2. Technical coaching/training on relevant topics in managing a business
 

4. SUCCESS FEES
4.1 For products, CRI charges a success fee completed via bank transfer, online deposit, or credit card on the Site (“Success Fee”). The Success Fee is borne by the Partner, and is calculated as 40 percent (40%) of the Buyer’s Purchase, rounded to the nearest peso. While for entrepreneurs offering eco-friendly and sustainable real estate properties, a .5% success fee applies.  The Success Fee is exclusive of value-added tax. CRI shall issue receipts for the Success Fee upon request.

4.2 For Sellers/Partners located outside of the Philippines, CRI charges a fee for all successful transactions completed via bank transfer, online deposit, or credit card on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.

4.3Following the successful completion of a transaction, CRI shall deduct the Success Fee and the Cross Border Fee (as applicable) from the Buyer’s Purchase, and remit the balance to the Seller. CRI shall issue receipts or tax invoices for the Fees paid by Seller on request.

5. SELLER’S RESPONSIBILITIES
5.1 Seller shall ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information to CRI's customers/clients/buyers.

5.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

5.3 Seller agrees that CRI may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

5.4 For the purpose of promoting the sales of the items listed by Seller, CRI may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by CRI.

5.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

5.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and CRI cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.          

5.7 Seller acknowledge and agrees that Seller’s violation of any of CRI’s polices will result in a range of actions as stated in this Terms of Service.

6 PURCHASE AND PAYMENT
6.1 CRI supports one or more of the following payment methods in each country it operates in:
(i) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) when making a payment for products and services.  Buyer must provide CRI with the transfer receipt or payment transaction reference for verification purposes by email at publicrelations@chiquirodriguez.com found in the email instructions after confirming purchase.  Order processing only takes place when payment is confirmed.  When Buyer doesn't send a payment confirmation by email within three (3) days, Buyer’s order will be cancelled.
(i) Credit Card (Soon) Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. 

6.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

6.3 CRI takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

6.4 At the moment, CRI is only able to make payment to Users via bank transfer. Hence, Users are required to provide CRI with his/her banking details in order to receive payments i.e. from the sale of item or refund from CRI.

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7. CANCELLATION, RETURN AND REFUND
7.1Buyer may only cancel his/her order prior to payment confirmation.  To learn more, please read Cancellation, Return, and Refund here.  

7.2 CRI does not monitor the cancellation, return and refund process for offline payment.

8. PURCHASE AND SALE OF ALCOHOL AND TOBACCO OR TOBACCO-RELATED PRODUCTS
8.1The purchase and sale of alcoholic products (“Alcohol”), please refer to Terms and Conditions for Food to Order here.

8.2 The purchase and selling of tobacco and tobacco-related products, including without limitation electric cigarettes (“Tobacco Proucts”) on the Site is not permitted by CRI.  

8.3 When delivering Alcohol to an Alcohol Buyer:
(a) the delivery agent reserves the right to request for valid photo identification for age verification purposes; and
(b) CRI (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.

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9. DISPUTES
9.1In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which CRI shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

9.2Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against CRI or its Affiliates (except where CRI or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

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10. FEEDBACK
CRI welcomes information and feedback from our Users which will enable CRI to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(a)Feedback may be made in writing through email via publicrelations@chiquirodriguez.com
(b)  Anonymous feedback will not be accepted.
(c)  Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(d)  Vague and defamatory feedback will not be entertained.

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11. DISCLAIMERS
11.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CRI OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRI DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
11.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.3 CRI HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE CRI AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

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12. EXCLUSIONS AND LIMITATIONS OF LIABILITY
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRI BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(B) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF CRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
12.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, CRI IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE TERMS OF SERVICE; AND (B) PHP 100 (ONE HUNDRED PHILIPPINE PESOS).
12.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CRI’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF CRI THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 

13.  LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of CRI in any manner whatsoever and you therefore access them at your own risk. CRI is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. CRI is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by CRI of any linked site and/or any of its content therein.

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14. YOUR CONTRIBUTIONS TO THE SERVICES
14.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to CRI. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant CRI and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

14.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to CRI by any means (each, a "Submission"), is not considered confidential by CRI and may be disseminated or used by CRI without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to CRI, you acknowledge and agree that CRI and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant CRI and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

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15. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
15.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, CRI is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold CRI responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

15.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by CRI. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. CRI has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that CRI shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that CRI may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

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16. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a)   you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b)   you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

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17. FRAUDULENT OR SUSPICIOUS ACTIVITY
If CRI, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect CRI, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for other benefits with the CRI Partnership Program;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in the Philippines or elsewhere and directed to CRI;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to CRI or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions;
(f) We may direct a Third Party payment partner to recover the amounts subject of the fraudulent or suspicious activity from your CRI Partnership account, if any
For the purposes of this Section:
"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a Buyer or Seller files directly with CRI.
"Reversal" means the reversal of a payment by CRI because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by CRI, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other CRI policy, or (e) CRI decided a Claim against you.

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18. INDEMNITY
You agree to indemnify, defend and hold harmless CRI, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where CRI or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the CRI Terms of Service, (c) the hosting, operation, management and/or administration of the Services by or on behalf of CRI, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, or (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

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19. SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

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20. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to CRI or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in the Philippines in accordance with the Arbitration Rules of the Republic of the Philippines for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English and/or Filipino.

 

21. GENERAL PROVISIONS
21.1 CRI reserves all rights not expressly granted herein.

21.2 CRI may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

21.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

21.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and CRI, nor does it authorise you to incur any costs or liabilities on CRI’s behalf.

21.5 The failure of CRI at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

21.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for CRI's affiliates and subsidiaries (and each of CRI's and its affiliates' and subsidiaries' respective successors and assigns).

21.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

21.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Philippines' Anti-Graft and Corrupt Practices Act confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

21.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: publicrelations@chiquirodriguez.com
 
LEGAL NOTICES: Please send all legal notices to chiqui@chiquirodriguez.com and Attention it to the “General Counsel”.

 

22. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “YES” AND “REGISTER” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

 

Last updated: 01 January 2021