TERMS OF USE

1. TERMS AND CONDITIONS OF USE

These online Terms and Conditions of Use were last updated on 28 December 2022.

1. The Terms and Conditions of Use apply to all online visitors to the websites operated by or on behalf of Levi Strauss Philippines, Inc. II (hereinafter, “we”, “us”, “our” or “ours”), including: https://levi.com.ph/ (each a “Website,” and collectively, “Our Websites”).

Our websites have different purposes and functionalities. We describe these differences on this page, so please read it carefully. If you have any questions regarding the Terms and Conditions of Use, please contact us (contact details found at the bottom of the page).

We also have other terms, legal notices and conditions applicable to various activities on Our Websites, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of a Website (e.g., contests, promotions or other similar features), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms and Conditions of Use be a contractual agreement (“the Terms”) between us and you. You must accept the Terms, in full, before using any of the Websites. You can accept the Terms in two ways:

(1) by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on or from any Website, and

(2) by actually using any Website.

BY USING ANY OF OUR WEBSITES, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE ANY OF OUR WEBSITES. We reserve the right to change and update these Terms from time to time. For changes that are disadvantageous or onerous to you, we will provide at least ten (10) days prior notice by posting notices of such changes on Our Websites. We recommend that you visit this page regularly to keep informed of the current Terms that apply to your use of Our Websites. By continuing to browse, access and use Our Websites after ANY CHANGE(S) HAVE BEEN IMPLEMENTED, and after having been notified as above indicated where applicable, you are deemed to have agreed to any change(s) or update(s) to our Terms.

2. PRIVACY POLICY

Our Privacy Policy applies to the use of all of Our Websites. To view our Privacy Policy, click here. Additionally, by accepting the Terms of Our Websites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to a Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we maintain security measures in accordance with applicable laws and industry practices to protect the personal data you provide to us against accidental, unlawful or unauthorized use or disclosure.

3. OWNERSHIP OF WEBSITES, CONTENT AND TRADEMARKS

Unless otherwise agreed in writing, all materials on Our Websites, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled and/or licensed by us.

The Websites and Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Websites for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading, copying or any other forms of use. You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the Websites for any public or commercial purpose. If you use any of the Content in an unauthorised manner in breach of these Terms, your right to use Our Websites will cease immediately and you must, at our option, return or destroy any copies of the Content you have used or made.

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Levi Strauss & Co. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.

4. YOUR USE OF OUR WEBSITES

A) ALL OF OUR WEBSITES

You may use Our Websites only as permitted by the Terms and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from your country of residence.

You agree not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of any Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Website or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website. We reserve the right to take measures to prevent any such activity. You may not resell use of, or access to, the Website to any third party.

You agree not to gain or attempt to gain unauthorized access to any portion or feature of any Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data.

You agree not to probe, scan or test the vulnerability of any Website or any network connected to the Website, nor breach the security or authentication measures on any Website or any network connected to any Website. You agree not to reverse look-up, trace or seek to trace any information on any other visitor to any Website, or any other customer of ours, including any shopping account or members’ program account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to personally identifiable information (“PII”) or other information that reasonably could be used to connect non-PII to PII.

You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.

You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of any Website or any transaction occurring on a Website, or with any other person’s use of any Website.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through any Website or any service offered on or through any Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.

B) OUR E-COMMERCE WEBSITES

Subject to Section 4(A) above, you may use our Websites (including all subsidiary websites) for the purposes of viewing or shopping for our products, and to use any other features and services purposely provided by us on those Websites.

C) OUR USER-GENERATED CONTENT WEBSITES

Subject to Section 4(A) above, you may use our user-generated content websites (including all subsidiary websites) for the purposes of viewing or participating in online forums, uploading and downloading user-generated content, and sharing such content with other registered users, and to use any other features and services purposely provided by us on that Website.

D) LOYALTY PROGRAMS

Members of one or more of our loyalty programs must create an account with us in order to enjoy the benefits of their membership. Such loyalty programs will be administered in accordance with and governed by the applicable terms and conditions, as may be amended by us from time to time.

E) COMPETITIONS

From time to time, we may offer special promotions or competitions. Where we do offer such promotions or competitions, we will make a copy of the applicable terms available on one or more of our Websites.

5. USER COMMUNICATIONS AND USER CONTENT

While we appreciate your suggestions and comments on how to improve our website, products and services, it is our policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g., through a contest or promotional event). Our intent is to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to Our Websites. Thus, apart from personal information collected on or from Our Websites, which is subject to our Privacy Policy (see Section 2 above), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to any Website (a “User Communication”) is and will be considered non-confidential and non-proprietary.

You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Except as prohibited or otherwise restricted or limited by applicable local law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Communication. You agree that we shall be under no obligation (1) to maintain any User Communication in confidence; (2) to pay compensation for any User Communication; or (3) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable (for example, see Sections 6 and 7 below).

You represent and warrant that any Content you submit in User Communication is original to you, that you own and/or otherwise have authority to use all applicable legal rights in the Content, and that the Content does not and will not infringe upon the rights of any other person or entity. You warrant, certify and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence, subject to the next paragraph; and you grant us the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.

In addition to the User-Generated Content Rules set forth in Section 6, below, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, unethical, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or which may otherwise violate any applicable laws, regulations and/or industry codes or guidelines.

6. USER–GENERATED CONTENT RULES

If you become aware of any violation of these User Generated Content Rules or other unacceptable behavior by any user, you should report such activity to us by contacting us. If you post information on any of our sites, you are solely responsible for each User Communication that you post on any Website or transmit to other users and agree that you will not hold us responsible or liable for any User Communication from another user that you access on any Website. Moreover, we reserve the right to delete any User Communication from any of our sites.

Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users or cause to be broadcast via the Internet to other users anything that you know and/or reasonably believe:

• is defamatory, abusive, obscene, profane or offensive; or
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website), including any party’s right of publicity or right of privacy; or
• violates any applicable law, statute, ordinance, regulation or industry code / guidelines (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising and online content); or
• is threatening, harassing, unethical or that promotes racism, bigotry or hatred of any kind against any group or individual; or
• promotes or encourages violence against a person or damage or destruction of property; or
• is inaccurate, false or misleading in any way; or
• is illegal or promotes any illegal activities; or
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
• 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; and/or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You understand that when using any Website, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

7. COPYRIGHT AND TRADEMARK RULES

We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, any Website in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

INFRINGEMENT NOTIFICATION

If you believe that your work has been copied and posted on any of Our Websites in a way that constitutes copyright infringement, please provide our designated agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Website;
• your address, telephone number, and, if possible, email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the information contained in your report 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.

The foregoing information (“Notice”) should be sent to:

Attn: Legal Department
11 North Buona Vista Drive
#14-09 Metropolis Tower 2, Singapore 138589

Tel: 65-6735-9303

8. ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through Our Websites may require you to open an account (including setting up an Account ID and password) and to share PII. Apart from the representations made in our Privacy Policy (see Section 2, above) regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account.

You agree to notify us immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by us or any other user of or visitor to any of Our Websites due to someone else using your Account ID, password or account.

You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

9. ONLINE PRODUCTS AND SALES

A) INFORMATION ABOUT THIRD PARTY SERVICE PROVIDERS

TPA OPERATIONS CORP., is a company registered in Philippines, whose registered office is at 2106A West Tower PSEC Exchange Road, Ortigas Center San Antonio, Pasig City 1605, Philippines ("E-Commerce Partner"). Our E-Commerce Partner is our international sales facilitation and fulfilment partner and will be the company that you contract with for any purchase of our products and/or services from our Website. Our E-Commerce Partner will collect, manage and administer and payment(s) made for any purchase of our products from our Website (including through third party payment gateway providers) and approved carriers will deliver your orders.

B) YOUR ACCOUNT

You do not need to have an account to place an order on our Website. However, if you have an account on our Website, you may enjoy a better shopping experience through the benefits an account offers, such as being able to view your purchase history and save your contact and shipping information.

C) ORDERING OF PRODUCTS

You may purchase products by selecting and submitting an order on our Website in accordance with these Terms.

Any order that we receive from you in relation to a product on our Website is treated as an offer made by you to our E-Commerce Partner to purchase the product for the price listed (inclusive of any taxes, fees and charges). The offer is made at the time that the order is processed, and on these Terms.

In order to process any orders, we may require additional information from you. Where we do request such information, you must provide accurate, complete and up to date information so that we can confirm the details of the order.

We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer in appropriate circumstances.

D) ACCEPTANCE OF AN ORDER

Acceptance of the order occurs where all of the following have occurred:

• you receive confirmation at the email address provided that the product(s) you have ordered are available for delivery; and
• the payment made by you for the product(s) is approved by our E-Commerce Partner and the amount of the order is debited from your debit or credit card or other payment method (i.e. when the payment is cleared).

The E-Commerce Partner's contract with you is effective from when you receive the order despatch email from our platform vendor until the last day of your right to return the product(s).

If, for whatever reason, we decide to reject the order placed by you, we will endeavour to inform you of this within a reasonable period after the order is submitted and your refund will be processed in accordance with our Returns policy at Section 9(H) below.

E) PRICING AND AVAILABILITY

We try to ensure that the information provided on Our Websites is accurate, up to date and error-free. In relation to our Website, this includes pricing information in relation to our products.

However, where the price listed does contain any errors or inaccuracies, we will endeavour to inform you of this as soon as practicable, but in any case, before we accept your order. If we are able to contact you, we will provide you with the option of reconfirming the order at the correct price, or cancelling the order. If we are unable to contact you within a reasonable period of time following receipt of the order, we will treat the order as being cancelled and notify you as such.

Where an error or inaccuracy results in the receipt of an order for a product that is out of stock or not available, or does not otherwise meet the ordered quantity, we reserve the right to refuse to fill any such orders and contact you as soon as practicable with the option of selecting an alternative product through the Website.

Prices, promotions and products offered on our Website may be site specific.

F) DELIVERY OF PRODUCTS

When you place an order on our Website, we (through our E-Commerce Partner and/or other third party delivery providers) will deliver your order to the address designated by you as long as that address is within the Philippines and compliant with the restrictions set out on the Website. We may require verification of information prior to the acceptance and/or delivery of any order.

Delivery times are indicative only and are based on estimates indicated by our third party delivery providers and the typical delivery times experienced by us. At certain times, delivery times may be longer than what is advised (such as in busy periods, including sale and holiday seasons). Our E-Commerce Partner will endeavour to ensure that all deliveries are performed within a reasonable time.

For more details on our delivery options and what to do in the event you did not receive your order, please refer to our Shipping section under our FAQs.

G) AMENDING AND CANCELLATION OF ORDERS

Once you place an order, it cannot be amended or cancelled by you except as required by applicable law. This includes amending details such as the delivery address, removal of items or colour/size changes. We therefore ask that, at the time when the order is made, you ensure that the details provided are accurate, complete and up to date. You may return your order in accordance with our Returns policy as set out in section 9(H) and our FAQs.

From time to time, it may be necessary for us to cancel an order or part(s) of an order for various reasons, including but not limited to the following:

• Item(s) not available
• Difficulty in processing your payment information.
• Cannot ship to address provided.
• Duplicate order was placed.
• Technical issues out of our control.
• Order placed in contravention of these Terms.
• As required by law.

If your order is cancelled, you will receive an email with a cancellation explanation. You will not be billed for any cancelled items and we will not be liable for such cancellation.

H) RETURNS

Unless otherwise specifically provided in writing, we will only refund or accept changes in accordance with these Terms, our FAQs and applicable laws. Any refunds will be issued (or caused to be issued) by our E-Commerce Partner and will be made using the original form of payment used in placing your order. For details of our return policy, please refer to the Returns section under our FAQs.

I) FEES AND CHARGES

All prices listed are in Philippine pesos (₱).

The prices listed on our Website are, where applicable, inclusive of GST. If any additional charges apply (such as delivery fees), these will be clearly disclosed in the online purchasing process.

J) PAYMENT METHODS

Our E-Commerce Partner accepts payments (through third party payment gateway service providers) through any of the payment methods specified in our payment FAQs.

K) PRODUCT DESCRIPTIONS

In describing and portraying our products on Our Websites, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Content of any Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on a Website is not as described, your sole remedy is to return it to us in accordance with our return policy of the relevant Website.

L) COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Websites. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.

M) RISK OF LOSS

The risk of loss or damage for all products purchased passes to you upon delivery of the products to your designated delivery address. In the event that you return your purchased product, you are responsible for the risk of such product until we receive it at our E-Commerce Partner's warehouse. This means that you are responsible for filing any claims with the carrier for the damaged and/or lost shipments in case of returns.

N) CUSTOMER SERVICE

If you have any questions regarding product(s) purchased pursuant to the terms under this Section, you may Contact Us here.

O) FAQS

Our FAQs also include provisions that relate to how we supply our products to you. To the extent that there is any inconsistency between the FAQs and these Terms of Use, the provisions in these Terms of Use will apply.

10. LINKS TO OUR WEBSITES; THIRD PARTY LINKS ON OUR WEBSITES

Creating or maintaining any link from another website to any page on any of Our Websites without our prior written permission is prohibited. Running or displaying any of Our Websites or any information or material displayed on any Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to any of Our Websites must comply will all applicable laws, statutes, rules and regulations.

From time to time, a Website may contain links to other websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave Our Websites and we will not be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by us.

11. CHANGE IN WEBSITES AND CONTENTS

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue any of Our Websites or any service, content, feature or product offered through any Website, with notice to you to the extent required under applicable local laws; charge fees in connection with the use of any Website after the change is made; modify and/or waive any fees charged in connection with any Website; and/or offer opportunities to some or all users of any Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to any of Our Websites.

12. DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

We do not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any of Our Websites, or your downloading of any information or materials from any of Our Websites.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

To the maximum extent permitted by law, if any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Website during the prior twelve (12) months or (ii) ten dollars ($10).

You agree to defend, indemnify and hold us harmless , our officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your User Communications, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by us.) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

14. CONTACT US

If you have any questions or concerns about the Terms, please contact us here.