1.1 This legal document is the agreement between you, the Customer, who will henceforth be referred to as “you”, “your,” or “the “Customer” and us. All our services are rendered by the owner of the website, Rxpress Care Pharmacy, whose offices are located at 7165-A Chestnut St., cor. Marcelo Green Village, Paranaque City, Philippines.
1.2 Please ensure that you read this agreement carefully. Browsing, accessing, or using this website or making use of its facilities or services made available through it or transacting through or on it is tantamount to your agreement to the terms and conditions that appear hereafter, all of which are referred to as the “Agreement.” This Agreement is made between you and us.
1.3 These Terms and Conditions were most recently updated on _______. We reserve the right to amend these terms and conditions at any time; all the amendments to these terms and conditions will be posted and available for review online. If you do not wish to be bound by such new terms and conditions, you may terminate this Agreement anytime by sending a written notice via post or email addressed to _________ . Continued use of the Service or the Website, however, will be deemed acceptance of the new terms and conditions.
1.4 With regard to your statutory rights as a consumer, none of the provisions in this Agreement affects your non-excludable statutory rights.
2. DEFINITION OF TERMS
2.1 In this Agreement, we make use of various terms with definitions. These terms may be identified as having definitions because they begin with a capital letter. The following are the said terms and the corresponding definitions:
2.1.1 “Promo code” refers to
2.1.2 “Microsite” refers to an auxiliary website, which is supplementary to our main website.
2.1.3 “Purchase” refers to the purchase of a Voucher.
2.1.4 To “Register” means to “create an account on the Website” and “Registration” refers to the action of creating an account.
2.1.5 “Service” refers to any or all of the services provided by Rxpress Care Pharmacy via the Website or via other electronic means or other communication from Rxpress Care Pharmacy, including the information services, content and transaction capabilities on the Website along with the ability to make a Purchase.
2.1.8 “Website” refers to the rxpresscare.com website and any Microsite.
3. GENERAL ISSUES ABOUT THE WEBSITE AND THE SERVICE
3.1 Applicability of terms and conditions: Use of the Service and the Website as well as any Purchase are subject to the terms and conditions set out in this Agreement.
3.2 Age: You must be 18 years of age or over, whether with or without registration, to use the Website and/or the Service and to make any Purchase.
3.3 Scope: The Website, Service, and any Purchase are for non-commercial, personal use only, and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is strictly prohibited.
3.4 Prevention on use: We reserve the right to prevent you from using the Website and the Service along with any part of them, and to prohibit you from making any Purchase.
3.5 Equipment: The Service and use of the Website as well as the making of any Purchase do not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. Use of the website or the service or making of any Purchase requires Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs, or any other costs that you may incur.
4. REGISTRATION AND ACCOUNTS
4.1 Why register: You do not need to Register to use most of the functionality of the Website or to access most of the Service. However, you must Register in order to make a Purchase from the Website. As a registered user, you will have easy access to your account so you can conveniently print your orders, view your past purchases, and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.3 Passwords: Once you complete your Registration, you will be allocated a password, which you must keep confidential to prevent unauthorized access to your account. If any authorized third party obtains knowledge of your password, or if it has come to your attention that there is unauthorized use of your email or breach of security, please notify us immediately. You agree that any person to whom your username or password is disclosed is authorized to act as your agent for the purposes of using and/or transacting via the Service and the Website. Please note that you are solely responsible for maintaining the confidentiality of your password.
4.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly for moderation emails, among other things, to be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. Users may be required to re-validate their accounts if we have reason to believe that the email address they have been using is invalid.
4.5 Closing accounts: We reserve the right to close accounts if any user is found to be using proxy IPs (Internet Protocol addresses) in order to attempt to conceal the use of multiple registration accounts.
4.6 Multiple logons: Action may be taken against all of your accounts if you use multiple logins for the purpose of disrupting a community or annoying other users.
5.1 Need for registration
5.2 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service and other promotional offers. You can always opt out of our promotional e-mails at any time by clicking the ‘unsubscribe’ link at the bottom of any such e-mail correspondence.
5.3 Completed transaction: Once you have gone through the procedure for purchasing, confirmed your acceptance of these terms and conditions, and made payment (by debit card, credit card, Bancnet online, GCash, or PayPal), the transaction is complete and a contract for Purchase is made. We will send you a subsequent email confirming the transaction, which is our acceptance of the same. We keep a copy of the contract however, you are welcome to print out these terms and conditions from our website as a record.
5.4 Right to cancel: You may cancel the transaction within one (1) hour of receipt of purchase confirmation. If you do wish to cancel, you must do so by sending us an email addressed to _______ informing us of your cancellation.
5.5 Scope of this Agreement: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.6 Receipt of order: To ensure the quality of the products you order, we seal your order prior to delivery. Upon receipt of your order, please check the package.
5.7 Responsibility: Prior to any purchase, you are responsible for reviewing the latest terms and conditions, which we have the right to change any time and without notice. Any changes with respect to the terms and conditions will be available for your review online.
5.8 Pricing: Prices are subject to change without prior notice. All prices are inclusive of Value Added Tax (VAT) and are quoted in Philippine Pesos.
5.9 Returns: For safety and hygiene reasons, we only allow returns of DEFECTIVE or INCORRECT items within seven (7) business days of receipt. Send us an e-mail at ________________to report the defective or incorrect item. DO NOT ship us the product until you have received confirmation from us. We will deliver the replacement once your request has been approved and the defective or incorrect item has been picked up by our delivery man.
6. YOUR OBLIGATIONS
6.2 Accurate information: You warrant that all information provided upon Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6.3 Content on the Website and Service: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
6.4 Actions you are not allowed to do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
6.4.1 to send or receive any material which is not civil or tasteful;
6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.4.3 to send or receive any material for which you have not obtained all necessary licenses and/or approvals whether from us or third parties; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.4.4 to send or receive any material which is technically harmful including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
6.4.5 to cause annoyance, inconvenience or needless anxiety;
6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.4.7 for a purpose other than which we have designed them or intended them to be used;
6.4.8 for any fraudulent purpose;
6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5 Forbidden uses: The following uses of the Service and Website are expressly prohibited and you undertake not to do or to permit anyone else to do any of the following:
6.5.1 resale of the Service or Website;
6.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
6.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan);
6.5.4 accessing the Service or Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6.5.5 executing any form of network monitoring which will intercept data not intended for you;
6.5.6 sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
6.5.7 creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
6.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;
6.5.9 entering into fraudulent interactions or transactions with us or a Merchant, which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party;
6.5.10 using the Service or Website or any relevant functionality of either of them in breach of this Agreement;
6.5.11 unauthorized use, or forging, of mail header information;
6.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; or
6.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
7. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
7.1 The Service and the Website contain basic or general information about medications, supplements, pharmaceuticals, and other personal or healthcare products. Although we take each and every effort to provide the users of this website accurate information, we DO NOT warrant or guarantee that all details are complete, accurate, reliable, up-to-date, and free from errors or omissions. Rxpress Care Pharmacy disclaims all representations or warranties, expressed or implied, in relation to the information and other materials on this website. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. In the event of an error or fault, you should report it by sending an email addressed to ______________.
7.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information or messages transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
7.3 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
7.4 Although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, but not limited to, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Service at any time.
7.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any part of this Agreement.
8. SUSPENSION AND TERMINATION
8.1 If you or any person whom you authorized uses the Website or Service in contravention of this Agreement, we may suspend your use of the Service and/or Website in whole or in part.
8.2 If we suspend your use of the Service or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
8.3 Rxpress Care Pharmacy shall fully co-operate with any law enforcement authorities or court order requesting or directing Rxpress Care Pharmacy to disclose the identity or locate anyone in breach of this Agreement.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time in whole or in part to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
8.4.1 you commit any breach of this Agreement;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Notwithstanding anything else in this Clause 8, we may terminate this Agreement at any time.
8.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
9.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
a) your use of the Service or Website;
c) the use of the Service or Website through your password; or
9.1.2 any breach of this Agreement by you.
10. STANDARDS AND LIMITATION OF LIABILITY
10.1 We warrant that:
10.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
10.1.2 we have the right to sell Vouchers and that Vouchers are of satisfactory quality and fit for their purpose.
10.2 This Clause 10 (and Clause 1.4) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website or any part of it or them; or
10.3 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
10.4 We do not warrant and we exclude all Liability in respect of:
10.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
10.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
10.4.3 your use of any information or materials on the Website, which is entirely at your own risk and your responsibility);
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your or another person’s tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed P100. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.7 Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
10.8 Save as provided in Clause 10.3, we shall have no Liability for:
10.8.1 loss of revenue;
10.8.2 loss of actual or anticipated profits;
10.8.3 loss of contracts;
10.8.4 loss of the use of money;
10.8.5 loss of anticipated savings;
10.8.6 loss of business;
10.8.7 loss of opportunity;
10.8.8 loss of goodwill;
10.8.9 loss of reputation;
10.8.10 loss of, damage to or corruption of data; or
10.9 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.10 The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.11 In this Clause 10:
10.11.1 “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation to, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract); and
10.11.2 “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
10.12 The information contained in this website is NOT intended to be used as substitute for or replacement of any medical advice, diagnosis, and treatment of a medical condition. Any health-related problems or medical concerns should be consulted to a professional healthcare provider or a doctor prior to taking any form of treatment, medication or supplement. The content of this website is for informational purposes only and should NOT be solely relied upon or used to delay direct consultation with the doctor. Muramed Inc. disclaims all liability resulting to loss, damage, personal injury, death, fraud, or other consequences arising from the use of this Website and its Service.
11. DATA PROTECTION
12.1 Advertisements may be placed in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time, but advertisements for goods and services (i.e. from persons or parties other than us) will be clearly marked to afford a clear distinction of which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
12.2 You have the freedom to select or click on advertised goods and services as you see fit.
12.3 Any advertisements may be delivered on our behalf by a third party advertising company.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Where the Website contains links to third party sites and to resources provided by third parties (together with “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, and we do not accept nor assume responsibility for Other Sites or for the content or products or services of Other Sites (including, but not limited to, social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
13.2 This Rxpress Care website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All intellectual property rights along with all copyright, patents, trade marks, service marks, trade names, designs, including the “look and feel” and other visual or non-literal elements whether registered or unregistered in the Website and Service, (subject to Clause 14.4) information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software, including applets and scripts shall remain our property or that of our licensors. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
14.2. None of the material listed in Clause 14.1 may be copied, reproduced, distributed, redistributed, republished, downloaded, displayed, posted or transmitted in any form or by any means sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
14.3 All rights, including goodwill and, where relevant, trade marks in the Rxpress Care Pharmacy name are owned by us or our licensors. Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
14.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
14.6 Subject to Clause 14.7, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If, for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
15.1 Interpretation: In this Agreement:
15.1.1 words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
15.1.2 clause headings such as (“15. GENERAL” at the start of this Clause) and clause titles (such as “Interpretation:” at the start of this Clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
15.1.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation.”
15.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
15.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
15.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of alike or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
15.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.10 Survival: In any event, the provisions of Clauses 1, 2, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6.1, 9, 10, 14 and 15 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
15.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.