TERMS OF SERVICE
These terms and conditions ("Terms and Conditions") apply to Philkotse.com (hereinafter the “Site”), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. By using the Site, you confirm that you understand and accept all the Terms and Conditions. The Site reserves the right to make modifications of these Terms and Conditions at any time. Changes will be effective once posted on the Site with no other notice provided. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
The terms used in these Terms and Conditions have the following meanings:
User of the site: any individual or organization having registration accepted and account granted (including anonymous accounts used only for comment and reading) by us under the “Use of the Site” herein. Users may be the buyers, the sellers or both depending on each transaction.
Buyers: any individual or organization who are interested in car purchase and intent to enter a purchase using information listed in the Site
Sellers: any any individual or organization who are seeking buyers and using listing services provided by us. (also known as our Client or Custormer)
Service: listing service or any other service provided by us to Clients
Transaction: transaction of cars entered by Sellers and buyers.
USE OF THE SITE
You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable and revocable license to use the Site, under these Terms and Conditions, for the purpose of listing, searching and shopping for the vehicles sold on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted, without notice to you. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendors and are not made by Philkotse. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. For the purpose of securities and legal compliance, or claims resolutions…, we have the right to remove, ban or delete your account without notice.
The site is not liable for any misuse of information by the users, nor liable or responsible for any failed transaction between two parties. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving promotional e-mails by clicking on the link at the bottom of any promotional email.
Philkotse.com and its community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon copyright, trademark or other intellectual property rights of third parties. Please notify us if you believe that your intellectual property rights have been infringed.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will be under our control and our sole and exclusive property and shall not be returned to you unless otherwise stated as your personal information by laws. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. We may, but shall not be obligated to, remove or edit any Submissions.
For the purpose of securities and legal compliance, or claims resolutions, we have the right to remove and/or amend any of your Submissions without notice. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage or violation of any kind incurred as a result of, or in connection with, your failure to comply with this section.
The censorship in accordance with this regulation does not mean that the management board makes any commitments, guarantees or is responsible for the legality of the information / images posted by members.
LISTING ACCEPTANCE AND PRICING
Any car seller hereby commits:
Be responsible for the accuracy/authenticity of the post (including but not limited to information about content, images attached, …) and the transaction and any claim arising out of the post or the transaction.
Comply with laws on advertising, listing and other terms and conditions regulated by us
Pay Service fee on the due date as agreed with us. We have the right to suspend or terminate the Service in any case of delay in payment and apply other method to claim Service fee unpaid.
The Site reserves the right to refuse or cancel any listing for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept to publish the listing. We are determined to provide the most accurate information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your listing and notify you of such cancellation. We shall have the right to refuse or cancel any such listings whether or not the listing has been confirmed.
If a dispute arises between you and Philkotse.com, our goal is to provide you with neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Philkotse.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in forced in the Republic of the Philippines. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Republic of the Philippines and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in English and governed by Philippine law pursuant. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the Philippines independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
We shall send notices to you by email to the email address you provide to Philkotse.com during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to you by registered mail shall be deemed to have been received by that party three days after the date of mailing.