Terms of Use

Thank you for visiting crocs.com.ph. This Website is operated by Crocs Philippines Inc. with registered address at the 28th Floor, The Enterprise Center, 6766 Ayala Avenue Corner Paseo De Roxas, San Lorenzo, City of Makati, Fourth District, National Capital Region (NCR), 1223, Philippines. Your access to and use of this website and services is subject to the following Terms of Use.

The Terms of Use is governed by the Data Privacy Act of 2012 (R.A. 10173) and Electronic Commerce Act of 2000 (R.A. 8792), and other relevant laws.

Terms of Use Disclaimer

Access to this website (or portions thereof) and the use of information, materials, products, or services provided through this website (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.

Product & Services Information; Geographic Scope

All references on this website to information, materials, products, and services apply strictly to information, materials, products, and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Access to this website from territories where its contents are illegal is prohibited. Nothing contained within this website constitutes a legally binding contractual offer to buy or sell our products or services in any jurisdiction.

Definition of Terms

The terms “Crocs”, “we”, “us”, and “our” refer to Crocs Philippines Inc.

Terms of Use – refers to this Terms of use

Privacy Policy - refers to the online Privacy Policy.

Personal Information, Personally Identifiable Information (PII), or Personal Data - refers to information, whether recorded in a material or electronic form, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. Names, addresses, and e-mail address are examples of which.

Sensitive personal information - refers to personal information that can classify you, such as your age, birth date, race, ethnic origin, marital status, color, education, health, government issued identification, those established by law as classified, and any criminal, civil or administrative proceeding about you, these includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, tax returns, and financial information.

Automatic Anonymous Information - refers to information we collect through this website that does not, in itself, identify you personally.

Content – refers to all of the software and code comprising or used to operate this website, and the Crocs online store, and all of the text, photographs, mages, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this website.

Feedback -refers to the Content you post on or through this website that is specifically about how we can improve our website and the products and services we make available through this website.

User-Generated Content- refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips and other materials that you post on or through our website using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available on our website to others. Examples of User-Generated Content are information you provide as part of a promotion and comments you make in response to a blog or social media post; Feedback is also considered User-Generated Content.

Website- refers to crocs.com.ph, including Crocs online store.

The terms “you” and “your” mean any user of this website, and Crocs online store.

Minors

The website is a business and commercial website. As such it is not intended for children or minors under the age of 18 without permission of a parent or legal guardian

Ownership

Unless otherwise indicated, this website and all of its Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States and the Philippines, and all Content and intellectual property rights therein are the property of Crocs or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any Content on this website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this website and its Content to display, download, archive and print in hard copy, portions of this website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

Trademarks

The Crocs logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Crocs (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Responsibility for User-Generated Content Posted on or Through this Website

You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.

This means that you, not Crocs, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the User-Generated Content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Website, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use or dissemination of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Website. The User-Generated Content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Crocs or any person or entity associated with Crocs.

You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this website you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove User-Generated Content. Crocs has certain rights. We have the right (but do not assume the obligation) to:

  • monitor all User-Generated Content;

  • require that you avoid certain subjects as we determine in our sole and absolute discretion;

  • remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;

  • disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or other legal process or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Crocs or others, or to enforce these Terms of Use; and

  • terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole and absolute discretion.

You agree that our exercise of such discretion shall not and does not render us the owners, authors, or creators of User-Generated Content you post, and that you will retain ownership thereof and responsibility for such Content as described in these Terms of Use.

Restrictions on User-Generated Content.

It is a condition of these Terms of Use that you do not:

  • upload, post, transmit or otherwise make available

    • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;

    • any User-Generated Content that constitutes or encourages activity that may violate criminal or civil law;

    • any User-Generated Content that is false, misleading, or fraudulent;

    • any User-Generated Content that you do not have a right or permission to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    • any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

    • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;

    • post or transmit any User-Generated Content that contains the personal information or sensitive personal information of any third party without express prior, and documented consent.

    • any request for or solicitation of any personal or private information from any individual;

    • any request for or solicitation of money, goods, or services for private gain or unlawful purposes;

    • 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, or that may otherwise compromise the security, integrity, and availability of the Crocs site or information thereon; or

    • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

  • violate any local, state, national or international law, rule or regulation.

Removal of User-Generated Content

In general. On certain pages of this website, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content by contacting us using the information provided below. We will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole and absolute discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or users or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this Website may remain on back-up servers.

Takedown of Posts/User-Generated Content of Third-Party Personal Information of Sensitive Information with Prior Consent. Any individual who identifies their personal data on this website uploaded without consent, they may submit a formal Takedown Request to Croc’s Data Protection Officer at dpo@crocs.com. Upon verification the website will expeditiously remove or disable access to the content to protect the individual. The website reserves the right to terminate the accounts of user who repeatedly violate third-party privacy rights.

Violation of copyrights. Crocs does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Philippine Intellectual Property Code provides recourse for copyright owners who believe that the material appearing on the Internet infringes their rights. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this website or has been otherwise copied and made available on this website in a manner that constitutes copyright infringement under Philippine law please notify us immediately. Your notice must be in writing and must include:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);

  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and

  • a written 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; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  • where you believe there is copyright infringement under Philippine law, a statement by you agreeing to submit to the jurisdiction of Philippine Courts

  • To the extent that the alleged infringement is governed by the Philippine Intellectual Property Code as applicable to network service providers, please notify us immediately.

Your Feedback

When you submit feedback, suggestions, regarding our website, products, or services, we collect the information you choose to provide. This may include your comments, ratings, and optional contact details (such as your name or email address) so we can clarify your feedback or notify you of updates.

Your data is processed solely for the legitimate purpose of analyzing, developing, and improving our website products, features, and user experience. We do not use this information for unrelated marketing purposes without your explicit consent. Your feedback is retained only for as long as necessary to implement these improvements and is stored securely. You retain the right to access, correct, or request the deletion of your personal data at any time by contacting our Data Protection Officer at dpo@crocs.com.

In this connection, you agree that any feedback, comments, ideas, improvements, modifications, or suggestions regarding the website, its products, or services that you provide to us are entirely voluntary. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, and non-exclusive license to use, copy, modify, adapt, create derivative works from, distribute, perform, display, and otherwise exploit such feedback for any purpose whatsoever, commercial or otherwise, without any acknowledgment, credit, or compensation to you.

Further, to the extent permitted under the Philippine Intellectual Property Code of the Philippines, and other applicable laws, you irrevocably waive any moral rights, rights of attribution, or rights to financial compensation that you may have in the Feedback.

Furthermore, you also acknowledge and agree that any Feedback you submit is not confidential. Moreover, you represent and warrant that you own or otherwise control all rights to the Feedback you provide, and that our use of your Feedback will not infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any third party.

Links to Other Sites

This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Crocs website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Our Privacy Policy

Your privacy is important to us. By creating an account or using this website you acknowledge that you have read and understood our Privacy Policy and you agree that we may collect, use, and share your personal information as stated therein. Our Privacy Policy is incorporated into and made part of these Terms of Use by reference. We process all data in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173 (Data Privacy Act of 2012). Before submitting any information, please read the Privacy Policy carefully.

By placing an order or creating an account, you consent to receiving essential electronic communications from us regarding your transactions, order tracking, and account updates. Promotional communications will be sent in accordance with your marketing preferences as detailed in our Privacy Policy.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT AND AGREE THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our officers, directors, employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, SIMPLE NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms of Use are inapplicable to the extent they disclaim liability for Crocs’ own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by Crocs to exercise reasonable care in preventing the unlawful acts of others.

Your Obligations

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this website.

In consideration of your use of the website, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password and until we are so notified you will remain liable for any unauthorized use of your account.

You agree that we may invoice you and/or bill your credit card when we make the goods you purchased available for shipment at our distribution center and you agree to pay for such goods unless you return them pursuant to our Return Policy. For more information regarding your order, please visit our Customer Service page.

You agree to use the website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Crocs reserves all rights and remedies available to it.

Your Indemnification Obligations

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website (including any information, materials, products or services available through this Website), or related to any User-Generated Content you post on this website.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.

Entire Understanding

These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this website and no representation, statement, inducement, oral or written, not contained herein shall bind any party to this agreement.

Severability and Non-Waiver

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right under these Terms of Use or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Law & Jurisdiction

These Terms of Use shall be subject to, governed by and construed under the laws of the Philippines. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website.

You hereby consent and waive all objections to the exclusive jurisdiction of the Philippines and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may refer to our Customer Service page or email one of our friendly Customer Service Specialists at inquiry@crocs.com.ph.

You may also contact us at

Crocs Philippines Inc.

28th Floor, The Enterprise Center, 6766 Ayala Avenue Corner Paseo De Roxas, San Lorenzo, City of Makati, Fourth District, National Capital Region (NCR), 1223, Philippines