Terms & Conditions

1. Definition of Terms

2. General Use of Services and/or Access of this Site

We provide the site to our principals as another avenue to market and sell their products. Trademarks and contents pertaining to, or related to a product, and other information within the product page is solely the principal’s ownership and responsibility.

Third party providers are engaged in the site for maintenance and hosting services. You acknowledge that these providers are necessary to keep the site running. They are bound to us with legally binding documents to protect your rights as data subjects.

By continuing to use the site including the services and content available within the site, you agree to abide by the guidelines, policies, and instructions set on this page. We reserve the right to apply amendments to the terms & conditions, whenever deemed necessary.

The amendments shall take effect upon posting on this page and without prior notice. You acknowledge that it is your sole responsibility to be aware of the changes as part of your use of the website.

3. Restricted Activities

By your continued use of the website, you agree not to undertake illegal activities, specifically indicated below:

• Falsely claim to be another person or intentionally put incorrect and/or inaccurate information;

• Use the site and its services for illegal/unlawful purposes;

• Encourage other customers to engage in illegal/unlawful activities;

• Attempt to gain access to restricted parts of the website that may disrupt the operations of the site or transactions of other customers;

• Post or upload harmful materials that could hinder or impair the operations of the website and/or activities of other customers in the website (e.g. viruses, damaging components, malicious codes, and other harmful components);

• Violate the site and our principals’ intellectual property;

• Post, promote, or transmit through the site any prohibited materials (defamatory, libelous, pornographic, and other content that is prohibited by the Philippine law)

• Use of any digital information featured on this site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, indecent, threatening, obscene, indecent, vulgar racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, malicious, untrue, and political;

• Collect or store personal data about other customers/users;

• Use the platform that is in violation of the Philippine law;

• Use the platform that is in violation of the terms and conditions stated in this page.

4. Service Provider Rights

We have the right, but not obligated to:

• Monitor, investigate, and/or control any user activity, content or material in the platform. We may from our sole discretion, investigate any activity that is in violation of the terms & conditions and take any legal action we deem appropriate;

• Block a customer from accessing the site and/or using the services whenever deemed necessary;

• Limit the sales of our products geographically;

• Discontinue the sale of a specific product without prior notice at any time;

• Report any activity that is suspected to be in violation of any Philippine law and to cooperate with authorities, if necessary; and

• Request any information and data from you in relation to your use of the site at any time, especially if we suspect that you provided fraudulent information in your account or any transaction.

• Update the site content and change the prices when deemed necessary without prior notice to customers.

• Post product promotions with specific calendar

5. Privacy Policy

You are subject to the Privacy Policy of the website. By continuing to use the website, you agree with our process of collection, retention, processing, storage, and others, as specified in our Privacy Policy.

6. Terms of Sales

Transactions linked to your purchases to be done within the site are subject to the Terms of Sale. By engaging in these transactions, you agree to comply with the guidelines and policies set in the Terms of Sales.

7. Use of Services

In addition to the aforementioned terms and conditions, this clause draws more specific guidelines.

Age Restriction

Only customers of legal age who have the capacity to enter a legally binding contract of sale are allowed to use the site. Therefore, only users that are 18 years old and above are permitted to use the services offered by the site.

Product Description

The product description viewable through each product page is solely our principals’ ownership and responsibility. Our principals hold the intellectual property rights like copyright and trademarks of the product and/or brand. We may from time to time review the accuracy and/or validate the information provided here. However, we do not warrant that such information is always accurate, correct, and/or current.

The product description may contain nutrition content claims & health benefit claims. All products available in the site are FDA approved and with corresponding certificate of registration, but we encourage you to consult an expert or look for additional resources. Your reliance on the information provided on the product page is at your own risk.

Third Party Vendors

You acknowledge that the products made available in the site are not owned and/or manufactured by us. Our principals still hold the ownership of the products including the licenses and certificates governing the marketing and sales of the products.

User Content

By uploading and using metadata such as but not limited to official hashtags of MyPharma on any social media or blog, or otherwise displayed, published, or submitted to us any material or user content, you hereby irrevocably grant to MyPharma a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, payment-free and royalty-free to use, modify, broadcast, publish, reproduce, and distribute such material or user content in any media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any party’s permission.

Furthermore, you waive all rights in all user content that you post, upload, or otherwise submit to the site, its official social media accounts, blogs, emails, and any other platform that MyPharma has.

You continue to retain all ownership rights you hold in your user content and the right to use your user content in any way you choose, subject to these terms and license described herein. You shall ensure that the user content that you submit does not or will not violate the privacy rights, copyrights, trademark rights, intellectual property rights or any other rights of any person or entity.

8. Customers with Account

Accounts

You may at your own discretion, create an account within the site to easily access your transaction history and monitor your current transactions. The following information shall be required from you to create an account within the site:

• First Name

• Last Name

• Email

• Cell Phone Number

• Birthday

• Address

• Password

These pieces of information shall be needed to verify the authenticity of the account or verify the legality of transactions. A confirmation email shall be sent to your email upon sign up to verify your account.

Temporary Accounts

If you prefer not to have a permanent account with us but you want to continue your transaction, you have an option to “Check out as Guest.” The information you will provide to us will be used for one specific transaction. The following information shall be required from you:

• Full Name
• Cellphone Number
• Email Address
• Preferred Delivery Address

Such transaction is only limited to purchase of products; otherwise, you must create a permanent account to access other services offered within the site.

Passwords, Security, Unauthorized Use & Access

We guarantee that the collected personal information is only for the purpose of fulfilling your order and after-sales services, unless required by the Philippine law. You agree to update your personal information from time to time to keep your data accurate.

Apart from the personal information to be collected, you are also asked to supply a password for your login credentials. You agree that you will treat your login credentials confidential at all times.

You agree and acknowledge that use of the services and/or any access to the site is traceable to your account. You are entirely responsible for any and all activities that occur under your account. This includes, but not limited to:

• Transactions / purchases

• Transmission of messages

• Uploading of reviews

Therefore, you hereby accept that your login credentials are treated with utmost confidentiality. You acknowledge that you will be held responsible and liable for any activities traced to your account.

You further agree not to disseminate in any manner, whether digitally or verbally your login credentials and / or other information which provides access to the site through your account. We are not liable for any loss that may incur as a result of someone else using your password or account, with your knowledge.

If you believe that your login credentials have been compromised, you agree to inform us immediately of the breach. You should file a formal report through [email protected]. We shall not be responsible for any delay that may occur in terminating your account, after reporting breach of security to us.

9. Intellectual Property

Ownership

The Intellectual Property in the photos, graphics, screenshots, digitally downloadable files, logos, brand names, and other textual contents of the site are the ownership of Dygen, our principals, and our service providers. These are protected under trademark, copyright, and other intellectual property laws. We reserve the right to enforce the Intellectual Property of the materials in this site. No part of this site shall be construed as granting any license or right to download or use on external sites.

Restricted Use

No materials (i.e. photos, graphics, and textual content) are allowed to be used in any way for commercial purposes. You hereby accept not to reproduce, distribute, republish, display, transmit, and hyperlink any material in this site without a formal written consent stating our explicit approval of your use of the materials. You are allowed to use the materials on the site for personal and non-commercial use.

Trademark

Registered trademarks are owned by us and/or our principals. You agree not to use the trademarks on the site for commercial purposes.

10. Our Limitation of Responsibility & Liability

We will ensure that the website is available 24 hours a day; however, we shall not be held liable, if for any reason, the website is unavailable for any period of time. We are open from Mondays to Saturdays to attend to your orders and concerns. On Sundays and holidays, we will not be able to process your orders and attend to your concerns.

Although we are doing our best to keep the site from viruses, hacking attacks, and other security issues, we do not guarantee that the site is free from errors, viruses, and other harmful contents. You acknowledge and understand that your use of the site and its services is at your own risk. We shall not be held liable for any damage, virus, malware, or other code that may affect any computer equipment, mobile device, software, or other property as a result of your access to or use of the website.

MyPharma undertakes reasonable efforts to accurately display the attributes of the products, including applicable colors or appearances. Actual color or appearance will still depend on your device system and we cannot guarantee that your computer or mobile phone will accurately display such colors or appearance.

We may from time to time apply some modifications, new features, and other updates that may change and/or upgrade the key features of the site. You acknowledge that this activity is done from time to time without prior notice and we shall not be held liable if such updates applied on the site could prevent/hinder your activities on the website.

You agree to indemnify the site, Dygen Pharma, its employees, its officers, its directors, its partners, its principals, its affiliates, its agents, its suppliers, and its service providers from any direct, indirect, special, consequential claims, losses, damages and expenses including reasonable attorney’s fees and costs, related to your use of the site, in violation of user content, and in violation of any aforementioned terms, conditions, and policies.

No person who is not a party to these terms shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these terms its assent to any such term.

11. Force Majeure

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular, without limitation to the following:

• Any natural disasters or unavoidable incidents;

• Strikes, lock-outs or other industrial actions;

• Civil unrest or commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
  Natural disaster;

• The impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• The impossibility of the use of public or private telecommunications networks; and

• The acts, decrees, legislation, regulations or restrictions of any government.

• Hacking attacks

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

12. Hyperlinks & Alerts

Links directing to external websites could be accessed through the site. We placed this for your additional reference about a product, brand, service, and/or a company. These websites are not under our control. You understand that we are not liable for the inaccuracies, errors, delays, incorrect, libelous, pornographic, and other harmful materials that are restricted by Philippine law, within the external site. Any hyperlink present within the site does not guarantee endorsement from us or verification of the contents of external websites. You hereby accept that your access to the external site is at your own discretion and at your own risk.

We, therefore, encourage you to visit their terms of use, privacy policy, guidelines, and other policies to keep you aware of the terms of use governing the external site.

13. Termination

The terms & conditions governing this site are considered effective upon activation of this site unless terminated by you or us. You may, at your sole discretion, terminate these terms & conditions at any time by notifying us through [email protected]. However, the termination of Terms & Conditions in this site will result in termination of your use of the site and its services.

We may, at our sole discretion, terminate your use and access of the site and its services at any time without prior notice, if we suspect that you violated a guideline, a regulation or a clause in the Terms and Conditions of the site.

14. Governing Law

The Terms & Conditions set in this page is governed and in accordance with the Philippines law.