The following General Terms and Conditions (“T&Cs”) shall apply to your purchases of products in the ToledoMed Online Shop at www.toledomed.com.ph (“Online Shop”).
Eligibility and Acceptance
In accessing the Online shop and purchasing any products offered in the Online Shop of Toledo Medical Companies, Inc. (the “Company,” “we,” or “us”), you must be at least 18 years of age or older. If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these T&Cs and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your access of the Online Shop or purchase of products; and (iii) your acceptance and compliance with these T&Cs. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing Online Shop and avail of any products.
The T&Cs shall be valid and binding upon you from the time of your registration and/or availing of our services until such time that your registration is terminated, except for the specific terms and conditions that survive termination contractually and legally. We reserve the right to modify these T&Cs without prior notice and such changes or amendments shall be immediately effective upon the posting of these T&Cs in the website and mobile app. As such, you hereby agree to such changes and we encourage you to periodically visit these T&Cs to be informed of the latest and updated version of these T&Cs.
You hereby agree not to impersonate any person or entity, or falsely state or otherwise represent your identity, age or affiliation with any person or entity. The failure to do so constitute a breach of these T&Cs. You also hereby agree that ToledoMed has the sole prerogative and right to suspend or terminate your use of the Online Shop in the event that you violate these T&Cs. You further agree that we shall be entitled at any time, at our sole discretion and without prior notice, to temporarily suspend the operation of the website and/or mobile app for updates, maintenance and upgrading purposes without any liability from its end.
Conduct Allowed and Not Allowed or Prohibited
You agree (a) to access and/or use the Online Shop only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Online Shop in good faith; and (b) to ensure that any information or data you post or cause to appear on the Online Shop in connection with the services is accurate and agree to take sole responsibility for such information and data.
In addition to the restrictions and limitations stated elsewhere in these T&Cs, you agree not to: (i) use or access the Online Shop to facilitate or support any act or omission by any party that violates these T&Cs or any laws in any jurisdiction; (ii) infringe our or any third party’s intellectual property rights, rights of publicity or privacy; (iii) intentionally interfere with or damage operation of Online Shop or any other user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; (iv) use our platforms in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you; and (v) use the platforms in a manner that we or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
Access and Availability
In accessing the Online Shop and purchasing any of the products, you undertake to secure your account and your payment instruments must be strictly kept confidential and must not be disclosed to anyone else. In the event that you lose possession or control of your device in which you access the Online Shop, you must immediately notify and instruct us to restrict the access of your account. Until and unless you notify us, all purchases and payment transactions made which are associated with account shall be deemed correct, valid and issued by you. As such, you hereby hold us free and harmless from any and all liability arising from such erroneous purchase and payment transaction due to unauthorized access without our fault or negligence. Conversely, you agree to indemnify us against any and all liabilities, losses, claims and damages as a result of your negligence, breach or non-compliance with the provisions of these T&Cs or as a result of you losing your devices or disclosure of your passwords.
We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Online Shop or any products therein and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing Online Shop.
Any and all intellectual property associated in and to the Online Shop and any content therein are owned, licensed to or controlled by us, our licensors or our service providers. The products listed in the Online Shop contain proprietary content exclusively owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. We will prosecute to the fullest extent of the applicable laws in case of duplication, sharing (including in social media site) or uploading any product content.
No part or parts of the Online Shop, or any materials and contents may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
Company trademarks, service marks, graphics, and logos used in connection with Online Shop products are trademarks or registered trademarks of the Company or that of its suppliers. You are granted no right or license with respect to any of the aforesaid trademarks.
In accessing the Online Shop and availing of any of our products, you hereby agree not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights.
Privacy and Confidentiality
Limitation of Liability
The Online Shop and the listed products and the relevant information therein are provided on an “as is” and “as available” basis. All data and/or information contained in the Online Shop and products are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Online Shop and the products. Without prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Online Shop and the products;
(b) that the Online Shop will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that Online Shop is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Online Shop and you accept the risk that any information transmitted or received through the Online Shop may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
Exclusion of liability: We shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Online Shop;
(b) reliance on any data or information made available through the Online Shop. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Online Shop, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
At your own risk: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Online Shop or any products listed therein is entirely at your own risk and we shall not be liable therefor.
Purchase of Products
- In purchasing any products in the Online Shop, you agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of products through the Online Shop, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
- Product description: While we endeavor to provide an accurate description of the products, we do not warrant that such description is accurate, current or free from error. In the event that the product you receive is of a fundamentally different nature from the product as described on the Online Shop and which you have ordered, you may seek or claim for refund or return, subject to the terms as described below.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE PRODUCTS IS AT YOUR SOLE RISK. By purchasing any products, you accept, agree, and understand that you are fully responsible for your progress and results and that we offer no representations, warranties, or guarantees verbally or in writing regarding results of any kind. You are exclusively responsible for your actions and results. Results are on a case-to-case basis. Any testimonials or endorsements by our customers or audience represented on our websites, content, landing pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined in the Online Shop, and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
- Order Placement: You may place an order by completing the order form on the Online Shop. You shall be responsible for ensuring the accuracy of the order, including the delivery address. All orders will be deemed to be irrevocable and unconditional upon transmission through the Online Shop shall be entitled (but not obliged) to process such order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances, you may request to cancel or amend the order; however, we will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any order.
- Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by us which has not been stated expressly in the Online Shop or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by us. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these T&Cs allocate risks between the parties and permit us to provide the products at lower fees or prices than our suppliers otherwise could and you agree that such exclusions on liability are reasonable.
- Delivery of the Products – (a) Delivery of the products shall be made to the address you specify in Online Shop either through us or our agents; (b) You acknowledge that delivery of the products is subject to availability of the products. We will make every reasonable effort to deliver the product to you within the delivery timeframe stated on the relevant page on which the product is listed. All delivery timeframes given are estimates only and delays can occur. If the delivery of your product is delayed, we will inform you accordingly via e-mail and your product will be dispatched as soon as it becomes available. The time for delivery shall not be of the essence, and we (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused; (c) In the event you do not receive the product by the projected delivery date and provided that you inform us within 3 days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the product. If we do not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the product subject to your rights under Philippine law.
- Payment – (a) You may pay for the product using any of the payment methods prescribed in the Online Shop from time to time. When you place an order, actual payment will be only charged upon our acceptance of your order. All payments shall be made to us. You acknowledge that we are entitled to collect payments from you; (b) The payment methods may be subject to additional terms as prescribed by us or by your payment instrument provider; (c) You agree that you are subject to the applicable user agreement of your payment method. You may not claim against us, for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason; (d) If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, we shall be entitled to cancel your order or suspend delivery of the products until payment is made in full.
- Refund of Payment – All refunds shall be made via the original payment mechanism and to the person who made the original payment, where refunds may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us. All refunds are conditional upon our acceptance of a valid return of the Product. We reserve the right to modify the mechanism of processing refunds at any time without notice.
- Return Policy – We are not obliged to agree to any return unless all instructions are followed to our satisfaction. Should we agree to the return, we will deliver the replacement product to your specified address. Within 14 days and/or 7 days, depending on the product, from the date of delivery of the product, you may return a Product when you: (a) receive a product that is fundamentally different in nature from the product specified in the Customer Contract; (b) receive a faulty or damaged Product; (c) receive a product that is not as advertised on the platform; (d) wrong item is delivered. Risk of damage to or loss of the products shall pass to you at the time of delivery, or if you wrongfully fail to take delivery of the products, the time when we have tendered delivery of the products.
- The validity, interpretation, legal effect, controversy and enforcement of this Agreement shall be governed by the laws of the Philippines, without regard to conflicts of laws.
- You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
- These T&Cs shall be binding upon the parties. You have no right to assign this agreement, by operation of law or otherwise.
- The Company reserves the right at any time to change, modify, or add the terms of these T&Cs. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these T&Cs.
- You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of these T&Cs and/or your misuse of the products. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to these T&Cs. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
- You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these T&Cs. The Company may, without waiving any other remedies under these T&Cs seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent that all actions shall be filed in the proper courts of Makati City only.
- These T&Cs constitute the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
- The parties shall comply with all applicable laws in performing these T&Cs.
- The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
If you have any questions, please call us at 0922 844 1298 or email us at email@example.com.