TERMS AND CONDITIONS: (General)
By registering to and using the mercatan platform, you, the user, unconditionally agree to the
following Terms and Conditions (this “Agreement”). If you do not agree to this Agreement, you
are not authorized to use mercatan. This Agreement is between you and the proprietor of
MERCATAN.COM ONLINE STORE.
This one-ecosystem platform mercatan, operated by the proprietor of MERCATAN.COM ONLINE
STORE, works as an E-Commerce Information and Communication Technology facility that will
enable you to connect to medically-related service providers, diagnostics and laboratory service
providers, and licensed physicians by using your mobile phones and computers (the
"mercatan").
The entity MERCATAN.COM ONLINE STORE is not engaged in the practice of medicine, whether
by and through its’ platform mercatan and does not provide health care or medical services nor
sell any products whether medically associated or not. No information provided by the
proprietor of MERCATAN.COM ONLINE STORE constitutes the practice of medicine or any other
medical profession nor is it engaged in selling any products whatsoever. The proprietor of
MERCATAN.COM ONLINE STORE does not recommend or endorse any specific company, brand,
hospital, clinic, diagnostics, tests, products, procedures or opinions of the Licensed Physicians.
ALL HEALTH CARE AND MEDICAL SERVICES ARE PERFORMED ONLY BY LICENSED PHYSICIANS
AND ALL PRODUCTS AND OTHER KINDS OF MEDICAL SERVICES ARE OFFERED BY LICENSED AND
REGISTERED COMPANIES, INSTITUTIONS, HOSPITALS, and CLINICS. THE LICENSED PHYSICIANS
ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES PRESCRIBED TO YOU AND IN
COMPLIANCE WITH ANY AND ALL REQUIREMENTS APPLICABLE TO HIS OR HER EXERCISE OF
PROFESSION.
The platform mercatan is not intended for medical emergencies or any kind of urgent
situations. If you have an emergency, it is highly advised that you go to the hospital nearest you
and seek immediate assistance from medical emergency personnel. The services provided by
Licensed Physicians using mercatan are not intended to be a substitute or replacement for
professional medical advice, diagnosis, or treatment.
This Agreement applies to your use of the mercatan website at www.mercatan.com and to your
registration for, subscription to, and use of the platform mercatan. You acknowledge that you
fully understand, have read, and accepted all terms and conditions in this Agreement and those
that are contained in the Data Privacy Policy page, which shall form an integral part of this
Agreement.
- Registration, Personal Information, and Medical History.
You must register in order to use mercatan. During registration and use of mercatan,
you will be required to provide and input certain personally identifiable information
(collectively, “Personal Data”), including your name, age, birthdate, sex, address, mobile
number (“Personal Information”) and sensitive personal information such as, but not
limited to, personal, medical or health information including Patient’s travel and
exposure history for COVID-19 screening (“Medical History”). It is your sole
responsibility to update the proprietor of mercatan through the platform mercatan of
changes to your Personal Data so that all your records are current, complete and
accurate and such changes shall form part of your Personal Data. By using mercatan,
you agree to disclose the contents of your Personal Data to the Licensed Physicians, as
well as to the employees of mercatan, its subsidiaries, affiliates, partners and third-party
service providers as part of its business operations and provision of services. The
platform mercatan will retain and use all Personal Data provided and shall be subject to
mercatan’s Data Privacy Policy posted on its’ Site. You warrant that you have read and
understood mercatan’s Data Privacy Policy, and consent to the collection and processing
of your Personal Data by mercatan and its subsidiaries, affiliates, partners and third-
party service providers, as detailed therein and for access and use by the Licensed
Physicians. If you are acting on behalf of your nominated members, you warrant that
you are authorized to act for and have obtained the consent of your nominated
member/s to the collection and/or processing of their personal information in
accordance with mercatan’s Data Privacy Policy posted on the Site prior to sharing any
of their personal information with us. You also warrant that you have fully informed
each nominated member and that they have fully understood, consented, and accepted
the mercatan Data Privacy Policy. Upon mercatan’s request, you will provide written
proof of (a) your authorization to act on behalf of your nominated member/s, and (b)
the consent and acceptance of mercatan’s Data Privacy Policy by your nominated
member/s. By registering to use mercatan, you agree to receive information regarding
common medical and health-related topics or preventive care messages containing
medical and health-related information, or marketing promotions and notifications
related to the service. This information is intended for general educational and
informational purposes only. In no case should such information be considered or relied
upon as a substitute or replacement for medical advice, diagnosis, and treatment.
Neither should it be construed, directly or indirectly, as constituting the practice of
medicine or any other profession or dispensing of health care or medical service by
mercatan. The platform mercatan and mercatan inc. makes no warranties, express or
implied, as to the accuracy or applicability of the information provided in connection
with mercatan at its’ Site or otherwise, and assumes no responsibility for any
consequences relating directly or indirectly to any action or inaction that you may take
in connection with such information. If you do not wish to receive such
communications, you may opt-out at any time by contacting the mercatan hotline (+63
995 093 98 91) or thru email ([email protected]). Access to and use of mercatan is
limited to clients with a registered address in the Philippines.
- Age and Capacity.
You represent and warrant that you are at least eighteen (18) years of age, and have the
capacity to bind yourself contractually to this Agreement and to use mercatan. If you are
under eighteen (18) years of age, or otherwise incapacitated to enter into this
Agreement, you may not register or use mercatan’s Telemedicine and medical service
facilities. If you are acting on behalf of your nominated member/s, you represent and
warrant that you are authorized to act for and on behalf of and to bind such nominated
member/s. You also warrant that you have fully informed each of the nominated
members of these Terms and Conditions and that they have fully understood,
consented, and accepted the same. Upon mercatan’s request, you will provide us with
written proof of (a) your specific authorization to act on behalf of your nominated
member/s and (b) the consent and acceptance of this Agreement by the nominated
member/s.
- Proper Use of mercatan.
The platform mercatan is for your own personal use only. You may use mercatan for
lawful purposes only and only in ways consistent with applicable national or local laws,
rules and regulations (collectively "The Law"). The proprietor of MERCATAN.COM
ONLINE STORE reserves the right to deny or suspend your access to mercatan in the
event of actual or potential misuse of the platform mercatan. You agree that you will
not use mercatan as a substitute or replacement for professional medical advice,
diagnosis, or treatment. You will not post or transmit a message under a false name, or
use the network resources of mercatan to impersonate another person or misrepresent
an authorization to act on behalf of others or mercatan itself. All messages transmitted
via mercatan should correctly identify the sender. You will not allow another person or
entity to use your account, username or password to access or use mercatan or post or
view comments. You shall not undermine the security or integrity of computing systems
or networks of mercatan, or those accessed through or with the product of mercatan,
and shall not attempt to gain unauthorized access. You shall not harvest or collect
Personal Data about any other individual who uses mercatan. You may not post or
transmit any data, materials, content or information which is threatening, false,
misleading, abusive, libelous, pornographic or profane, or that contains or promotes any
virus, worm, Trojan horse, time bomb or other computer programming or code that is
designed or intended to damage, destroy, intercept, download, interfere, manipulate or
otherwise interrupt or expropriate the website or platform mercatan. You may not
tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or
proper function of mercatan. You will not use robots or scripts with the website or
platform mercatan. You will not attempt to reverse engineer, reverse assemble, reverse
compile, decompile, disassemble, translate or otherwise alter, defraud or create false
results from any executable code, or information on or received by the webste or
platform mercatan. You agree to have anti-virus and/or anti-spyware software running
that is set to override the Internet browser’s cookie setting. You further agree that any
information you provide or use on the website or platform mercatan, and your use of
mercatan will not infringe or facilitate infringement on any copyright, patent,
trademark, trade secret, or another proprietary, publicity, or privacy rights of any party,
including such rights of said parties. The proprietor of mercatan maintains the right to
delete any information provided by you that it deems, in its sole discretion, fraudulent,
abusive, defamatory, and obscene or in violation of Law, copyright, trademark or other
intellectual property or ownership right of any other person, company, or institution.
- Purchase, Price, and Payment.
You understand that a fee shall be charged by mercatan in connection with the
telemedicine consultation services, ambulance liaison services, and clinic and diagnostic
testing booking services that you will avail of through the mercatan platform. You
solemnly agree to pay all amounts due in a timely manner pursuant to the Telemedicine
and medical services and purchases that you made with the use of the platform
mercatan and for all other fees that may be charged in connection with your use of
mercatan. All payments shall be made online via e-wallets (eg. Gcash, Paymaya, and
Paypal), online payment kiosks (eg. 7-Eleven, EC-Pay, or Cebuana Lhuiller), or online
banking and bank transfers. By paying using your credit card or any electronic payment
facility, you hereby authorize your credit card company or the electronic payment
facility provider to collect any and all amount payable by you under your registered
mercatan user information.
- Third-Party Advertisers.
Third-party advertisers may be allowed by the proprietor of MERCATAN.COM ONLINE
STORE to advertise in the platform mercatan and its’ website. The proprietor and its’
platform mercatan does not endorse or guarantee the accuracy or reliability of any of
the advertisements, products or services of third parties. The proprietor of mercatan
does not warrant or validate the promotions, communications or other materials of
third party advertisers. You agree that the proprietor of mercatan is not responsible or
liable for any content or other materials of or claims supplied by third-party advertisers.
The proprietor of mercatan is also not responsible for any transactions or dealings
between you and any third-party advertisers. You agree that the proprietor of
MERCATAN.COM ONLINE STORE is not liable or responsible for any claim or loss due to
or attributable to third-party advertisers.
- Limitations on Use and Disclaimer of Warranties.
You shall hold the proprietor of MERCATAN.COM ONLINE STORE, the platform
mercatan, and its’ partners free and harmless from and against any and all losses,
liabilities, claims, damages, actions, suits (whether by law or equity), fees, costs and
expenses and the like arising, directly or indirectly, out of or in connection with the use
of mercatan or the medical advice of the licensed physician on mercatan. YOU
ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU
ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. THE PROPRIETOR
OF MERCATAN PROVIDES MERCATAN ON AN "AS IS" AND “AS AVAILABLE” BASIS,
WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. THE
PROPRIETOR OF MERCATAN MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT
MERCATAN. TO THE EXTENT PERMITTED BY LAW, THE PROPRIETOR OF MERCATAN
DISCLAIMS IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SERVICE IS OR
WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE PROPRIETOR OF MERCATAN
DOES NOT GUARANTEE THAT MERCATAN OR ITS INFORMATION OR CONTENT WILL
MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, ACCURATE, TIMELY, USEFUL,
ADEQUATE, COMPLETE OR SUITABLE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED,
INCLUDING LOSS OF DATA RESULTING FROM DELAYS, AND ANY SERVICE INTERRUPTION
CAUSED BY MERCATAN. THE PROPRIETOR OF MERCATAN IS NOT RESPONSIBLE FOR
TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF DATA CARRIED OVER
LOCAL OR INTERCHANGE TELECOMMUNICATION CARRIERS.
You understand and agree to assume the potential risks associated with the use of
mercatan, such as but not limited to the following written below:
- In some instances, the information you have provided may not be sufficient for the
Licensed Physician to provide the appropriate medical information;
- Delays in assessment and advice, diagnostics booking, or delay in medical-related
services could occur due to failure of the electronic systems or internet connection;
- In some instances, your failure to provide accurate and/or complete medical records
to the Licensed Physician may result in adverse drug reactions or allergic reactions or
other judgment errors;
- Your failure to provide accurate and/or complete necessary information and delivery
address may result to inability of home diagnostics services or any medical-related
services requested;
- You understand that prior to purchase of certain medicines and/or booking of
diagnostics services requires valid prescription and/or laboratory request from a
licensed physician;
- You may expect the anticipated benefits from the use of the medical information or
healthcare services provided by the Licensed Physicians, but that no results can be
guaranteed or assured.
- Your Licensed Physician, in his or her sole discretion and professional judgment may
determine that his/her medical information or healthcare services are not
appropriate for some or all of your treatment needs and, accordingly, may elect not
to provide his/her medical information or healthcare services to you through
mercatan.
- Temporary interruptions in service may occur in connection with the use of
mercatan.
You acknowledge and agree that the proprietor of MERCATAN.COM ONLINE STORE is
not responsible for any printing, typographical or technological errors regardless of the
matter, media, material or form thereof. Neither shall the proprietor of
MERCATAN.COM ONLINE STORE be responsible for electronic, human, equipment
programming or other error, omission, interruption, defect or delay which may occur
(regardless of the matter, media, material or form thereof), incorrect, inaccurate, late,
lost, stolen, illegible, incomplete or misdirected matters or information (regardless of
the matter, media, information or form thereof), technical failures of any kind,
inadvertent loss of information; or unauthorized human intervention in any part,
material or process or otherwise. Nothing in mercatan is intended to be used for
medical diagnosis or treatment or construed, directly or indirectly, as the practice of
medicine or dispensing of medical services by mercatan. Licensed Physicians, sellers,
pharmacies, diagnostics, medical service providers, and stores are not employees nor
subsidiaries of the proprietor of mercatan and are directly responsible for the quality
and appropriateness of the medical information and healthcare services they render
directly to you. The proprietor of mercatan disclaims all liabilities for the acts or
omissions of any provider providing medical information or health care to customers of
mercatan. The proprietor of MERCATAN.COM ONLINE STORE makes no representation
or warranty as to the content of any medical information or healthcare response from
any Licensed Physician. You and the Licensed Physician are solely responsible for all
information or communication exchanged during a medical consultation. The proprietor
of MERCATAN.COM ONLINE STORE does not guarantee that a medical consultation
through an E-Commerce Information and Communication Technology facility is the
appropriate course of treatment for your particular health care problem or concern. The
proprietor of MERCATAN.COM ONLINE STORE will take commercially reasonable
precautions to protect against the failure of our equipment and software. You
acknowledge and agree that, while the proprietor of MERCATAN.COM ONLINE STORE
through the platform mercatan may perform regular back-ups of all data stored, the
proprietor of MERCATAN.COM ONLINE STORE shall have no liability to you in the event
all data is lost or destroyed. You acknowledge and agree that in the event of the
restoration of data from backup is necessary, it may take several days to complete such
restoration of data and resume operation of mercatan.
- Limitation of Liability.
In choosing to use mercatan, you have also decided to do so at your own risk. Under no
circumstance will mercatan be liable to you for, and you hereby knowingly and
voluntarily release mercatan from, any claim relating to any loss or damage that you
might directly or indirectly suffer (including, without limitation, incidental, special,
consequential, or moral damages, loss of profits, and damages resulting from lost data
or business interruption) as a result of your use of mercatan, your inability to use
mercatan irrespective of the cause of that inability, any delay in or interruption of your
use of mercatan regardless of the cause of the delay or interruption, any corruption of
any data that is transmitted by you to mercatan, or transmitted by mercatan to you by
any method whatsoever, your reliance upon any information presented in any
intentional or unintentional disclosure or publication of any information transmitted by
you to mercatan, or any other act, omission, matter or thing whatsoever having to do
with mercatan. In circumstances where the foregoing limitation is finally determined to
be unavailable, you acknowledge and agree that mercatan’s aggregate liability to you
for any damages, losses, fees, charges, expenses or liabilities shall not exceed the
amount of the last cost price paid by you.
- Indenification.
You agree to defend, indemnify, and hold harmless the proprietor of MERCATAN.COM
ONLINE STORE and its’ platform mercatan from and against any and all rights, demands,
losses, liabilities, damages, claims, causes of action, actions, and suits (no matter
whether at law or equity), fees, costs, and attorneys' fees (including appellate level) of
any kind whatsoever arising, directly or indirectly, out of or in connection with your use
or misuse of mercatan, your payments, your breach of this Agreement, the relationship
with or any advice provided by any Licensed Physician, the content or subject matter of
or any information you provide to mercatan, any License Physician, or customer service
agent, or any negligent or wrongful action or omission by you or any information posted
on the Site, including, without limitation, infringement of third party intellectual
property rights, privacy rights, or negligent or wrongful conduct.
- Force Majeure.
Neither the proprietor of MERCATAN.COM ONLINE STORE nor mercatan itself shall be
considered in default in performance of its obligations should its performance be
prevented or delayed by force majeure where such cause is outside its reasonable
control. Force majeure shall include, but not be limited to, hostilities, restraint of rulers
or peoples, coup d’état, revolution, civil commotion or riots, strike, lockout, epidemic,
pandemic (including but not limited to diseases such as COVID-19, SARS, Legionnaires
and MERS-Cov), accident, fire, tsunami, flood, earthquake, windstorm, explosion, power
failure, failure of telecommunications lines, regulation or ordinance, demand or
requirement of any government or governmental agency, or any court, tribunal or
arbitrator(s), having or claiming to have jurisdiction over the subject matter of this
agreement or over the parties, or any act of God or any act of government, or any other
cause whether of the same or different nature existing or arising in the future beyond
the reasonable control of mercatan and its’ proprietor (each a “Force Majeure Event”).
- Term and Termination.
You are allowed to use mercatan as long as you uphold the terms within this agreement.
Nevertheless, your breach of this Agreement, including non-payment, will result
automatically in the immediate termination of this Agreement by mercatan, without
prejudice to mercatan's available remedies under the Law. The proprietor of
MERCATAN.COM ONLINE STORE reserves the right to terminate your use of mercatan if
you breach this Agreement or for any other reason in the proprietor of MERCATAN.COM
ONLINE STORE’s discretion. It is agreed and understood that prior resort to arbitration is
not required for the above automatic and immediate termination of this Agreement.
You waive any right to insist on a prior resort to arbitration to the fullest extent allowed
under applicable law. If you dispute or question such termination, you agree that
pending determination of the validity or effectivity of the termination, the proprietor of
mercatan’s obligations under the Agreement, except those which are intended to
survive the termination or expiration of the Agreement, shall be deemed suspended.
You further understand that you will shoulder all costs of the proceedings, including
attorney’s fees, should the termination be found to be proper. The provisions on
Indemnification, Limitation of Liability and the Data Privacy Policy stated herein shall
survive the termination of this Agreement.
- Notices.
Any written notices or other communications to you will be addressed and sent to your
email address or to your mobile phone number which you provided when you
registered to mercatan. Any written notices or other communications to mercatan will
be addressed and sent to Unit 2-10, Ferosa Condominium, Donada Street, Pasay City.
- Relationship and No Thirty Party Rights.
This Agreement does not, in any case, create a doctor-patient relationship between you
and the proprietor of MERCATAN.COM ONLINE STORE. Unless expressly provided
herein, nothing in this Agreement is intended to confer any rights or remedies under
this Agreement on any person other than you and the proprietor of MERCATAN.COM
ONLINE STORE.
- Assignment and No Waiver.
You may not assign or transfer this Agreement. The proprietor of MERCATAN.COM
ONLINE STORE may freely transfer or assign any part of this Agreement, and any of its
rights and duties hereunder or thereunder. Failure of any of the parties to insist in one
or more instances on the strict performance of any of the covenants of this Agreement
or to exercise any portion hereof contained, shall thereafter not be construed as
abandonment or cancellation or waiver of such covenant or option by the party who
failed to enforce the strict performance of the provisions of this Agreement. No waiver
by herein parties shall be deemed to have been made unless expressed in writing and
signed by the party who waives its rights under this Agreement.
- Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof.
- Changes to the Terms of Use.
The proprietor of MERCATAN.COM ONLINE STORE may change the provisions of this
Agreement at any time. You can review the most current version of the Agreement by
clicking on mercatan's “Terms and Conditions” link on the Site (www.mercatan.com). If
you continue to use mercatan after the proprietor of MERCATAN.COM ONLINE STORE
makes changes to the provisions of this Agreement, you are signifying your acceptance
of the revised Agreement. You are responsible for checking these terms and conditions
periodically for any changes.
- Separability.
If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall
not affect the other provisions of this Agreement that can be given effect without the
invalid provision. If any provision of this Agreement does not comply with any law, such
provision to the extent possible shall be interpreted in such a manner to comply with
such law, or if such interpretation is not possible, it shall be deemed to satisfy the
minimum requirements thereof.
- Governing Law and Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the
Philippines. Any dispute, controversy, or claim arising out of or relating to this
Agreement, or the breach, termination or invalidity thereof shall be settled by
arbitration in the Philippines by a panel of three (3) arbitrators in accordance with the
Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in
force. Should interim judicial relief be necessary in connection with this Agreement, the
parties may seek appropriate relief before the courts of Pasay City, to the exclusion of
any other court for the purpose of fixing the venue hereof, for the purpose of enforcing
any right or obligation under or arising out of this Agreement.
You must register in order to use mercatan. During registration and use of mercatan, you will be required to provide and input certain personally identifiable information (collectively, “Personal Data”), including your name, age, birthdate, sex, address, mobile number (“Personal Information”) and sensitive personal information such as, but not limited to, personal, medical or health information including Patient’s travel and exposure history for COVID-19 screening (“Medical History”). It is your sole responsibility to update the proprietor of mercatan through the platform mercatan of changes to your Personal Data so that all your records are current, complete and accurate and such changes shall form part of your Personal Data. By using mercatan, you agree to disclose the contents of your Personal Data to the Licensed Physicians, as well as to the employees of mercatan, its subsidiaries, affiliates, partners and third-party service providers as part of its business operations and provision of services. The platform mercatan will retain and use all Personal Data provided and shall be subject to mercatan’s Data Privacy Policy posted on its’ Site. You warrant that you have read and understood mercatan’s Data Privacy Policy, and consent to the collection and processing of your Personal Data by mercatan and its subsidiaries, affiliates, partners and third- party service providers, as detailed therein and for access and use by the Licensed Physicians. If you are acting on behalf of your nominated members, you warrant that you are authorized to act for and have obtained the consent of your nominated member/s to the collection and/or processing of their personal information in accordance with mercatan’s Data Privacy Policy posted on the Site prior to sharing any of their personal information with us. You also warrant that you have fully informed each nominated member and that they have fully understood, consented, and accepted the mercatan Data Privacy Policy. Upon mercatan’s request, you will provide written proof of (a) your authorization to act on behalf of your nominated member/s, and (b) the consent and acceptance of mercatan’s Data Privacy Policy by your nominated member/s. By registering to use mercatan, you agree to receive information regarding common medical and health-related topics or preventive care messages containing medical and health-related information, or marketing promotions and notifications related to the service. This information is intended for general educational and informational purposes only. In no case should such information be considered or relied upon as a substitute or replacement for medical advice, diagnosis, and treatment. Neither should it be construed, directly or indirectly, as constituting the practice of medicine or any other profession or dispensing of health care or medical service by mercatan. The platform mercatan and mercatan inc. makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with mercatan at its’ Site or otherwise, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction that you may take in connection with such information. If you do not wish to receive such communications, you may opt-out at any time by contacting the mercatan hotline (+63 995 093 98 91) or thru email ([email protected]). Access to and use of mercatan is limited to clients with a registered address in the Philippines.
You represent and warrant that you are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use mercatan. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register or use mercatan’s Telemedicine and medical service facilities. If you are acting on behalf of your nominated member/s, you represent and warrant that you are authorized to act for and on behalf of and to bind such nominated member/s. You also warrant that you have fully informed each of the nominated members of these Terms and Conditions and that they have fully understood, consented, and accepted the same. Upon mercatan’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your nominated member/s and (b) the consent and acceptance of this Agreement by the nominated member/s.
The platform mercatan is for your own personal use only. You may use mercatan for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "The Law"). The proprietor of MERCATAN.COM ONLINE STORE reserves the right to deny or suspend your access to mercatan in the event of actual or potential misuse of the platform mercatan. You agree that you will not use mercatan as a substitute or replacement for professional medical advice, diagnosis, or treatment. You will not post or transmit a message under a false name, or use the network resources of mercatan to impersonate another person or misrepresent an authorization to act on behalf of others or mercatan itself. All messages transmitted via mercatan should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use mercatan or post or view comments. You shall not undermine the security or integrity of computing systems or networks of mercatan, or those accessed through or with the product of mercatan, and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses mercatan. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the website or platform mercatan. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of mercatan. You will not use robots or scripts with the website or platform mercatan. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the webste or platform mercatan. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting. You further agree that any information you provide or use on the website or platform mercatan, and your use of mercatan will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or another proprietary, publicity, or privacy rights of any party, including such rights of said parties. The proprietor of mercatan maintains the right to delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of Law, copyright, trademark or other intellectual property or ownership right of any other person, company, or institution.
You understand that a fee shall be charged by mercatan in connection with the telemedicine consultation services, ambulance liaison services, and clinic and diagnostic testing booking services that you will avail of through the mercatan platform. You solemnly agree to pay all amounts due in a timely manner pursuant to the Telemedicine and medical services and purchases that you made with the use of the platform mercatan and for all other fees that may be charged in connection with your use of mercatan. All payments shall be made online via e-wallets (eg. Gcash, Paymaya, and Paypal), online payment kiosks (eg. 7-Eleven, EC-Pay, or Cebuana Lhuiller), or online banking and bank transfers. By paying using your credit card or any electronic payment facility, you hereby authorize your credit card company or the electronic payment facility provider to collect any and all amount payable by you under your registered mercatan user information.
Third-party advertisers may be allowed by the proprietor of MERCATAN.COM ONLINE STORE to advertise in the platform mercatan and its’ website. The proprietor and its’ platform mercatan does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. The proprietor of mercatan does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that the proprietor of mercatan is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. The proprietor of mercatan is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that the proprietor of MERCATAN.COM ONLINE STORE is not liable or responsible for any claim or loss due to or attributable to third-party advertisers.
You shall hold the proprietor of MERCATAN.COM ONLINE STORE, the platform mercatan, and its’ partners free and harmless from and against any and all losses, liabilities, claims, damages, actions, suits (whether by law or equity), fees, costs and expenses and the like arising, directly or indirectly, out of or in connection with the use of mercatan or the medical advice of the licensed physician on mercatan. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. THE PROPRIETOR OF MERCATAN PROVIDES MERCATAN ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. THE PROPRIETOR OF MERCATAN MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT MERCATAN. TO THE EXTENT PERMITTED BY LAW, THE PROPRIETOR OF MERCATAN DISCLAIMS IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE PROPRIETOR OF MERCATAN DOES NOT GUARANTEE THAT MERCATAN OR ITS INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, ACCURATE, TIMELY, USEFUL, ADEQUATE, COMPLETE OR SUITABLE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, AND ANY SERVICE INTERRUPTION CAUSED BY MERCATAN. THE PROPRIETOR OF MERCATAN IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF DATA CARRIED OVER LOCAL OR INTERCHANGE TELECOMMUNICATION CARRIERS.
You understand and agree to assume the potential risks associated with the use of mercatan, such as but not limited to the following written below:
- In some instances, the information you have provided may not be sufficient for the Licensed Physician to provide the appropriate medical information;
- Delays in assessment and advice, diagnostics booking, or delay in medical-related services could occur due to failure of the electronic systems or internet connection;
- In some instances, your failure to provide accurate and/or complete medical records to the Licensed Physician may result in adverse drug reactions or allergic reactions or other judgment errors;
- Your failure to provide accurate and/or complete necessary information and delivery address may result to inability of home diagnostics services or any medical-related services requested;
- You understand that prior to purchase of certain medicines and/or booking of diagnostics services requires valid prescription and/or laboratory request from a licensed physician;
- You may expect the anticipated benefits from the use of the medical information or healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.
- Your Licensed Physician, in his or her sole discretion and professional judgment may determine that his/her medical information or healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her medical information or healthcare services to you through mercatan.
- Temporary interruptions in service may occur in connection with the use of mercatan.
In choosing to use mercatan, you have also decided to do so at your own risk. Under no circumstance will mercatan be liable to you for, and you hereby knowingly and voluntarily release mercatan from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of mercatan, your inability to use mercatan irrespective of the cause of that inability, any delay in or interruption of your use of mercatan regardless of the cause of the delay or interruption, any corruption of any data that is transmitted by you to mercatan, or transmitted by mercatan to you by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to mercatan, or any other act, omission, matter or thing whatsoever having to do with mercatan. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that mercatan’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the amount of the last cost price paid by you.
You agree to defend, indemnify, and hold harmless the proprietor of MERCATAN.COM ONLINE STORE and its’ platform mercatan from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of mercatan, your payments, your breach of this Agreement, the relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to mercatan, any License Physician, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
Neither the proprietor of MERCATAN.COM ONLINE STORE nor mercatan itself shall be considered in default in performance of its obligations should its performance be prevented or delayed by force majeure where such cause is outside its reasonable control. Force majeure shall include, but not be limited to, hostilities, restraint of rulers or peoples, coup d’état, revolution, civil commotion or riots, strike, lockout, epidemic, pandemic (including but not limited to diseases such as COVID-19, SARS, Legionnaires and MERS-Cov), accident, fire, tsunami, flood, earthquake, windstorm, explosion, power failure, failure of telecommunications lines, regulation or ordinance, demand or requirement of any government or governmental agency, or any court, tribunal or arbitrator(s), having or claiming to have jurisdiction over the subject matter of this agreement or over the parties, or any act of God or any act of government, or any other cause whether of the same or different nature existing or arising in the future beyond the reasonable control of mercatan and its’ proprietor (each a “Force Majeure Event”).
You are allowed to use mercatan as long as you uphold the terms within this agreement. Nevertheless, your breach of this Agreement, including non-payment, will result automatically in the immediate termination of this Agreement by mercatan, without prejudice to mercatan's available remedies under the Law. The proprietor of MERCATAN.COM ONLINE STORE reserves the right to terminate your use of mercatan if you breach this Agreement or for any other reason in the proprietor of MERCATAN.COM ONLINE STORE’s discretion. It is agreed and understood that prior resort to arbitration is not required for the above automatic and immediate termination of this Agreement. You waive any right to insist on a prior resort to arbitration to the fullest extent allowed under applicable law. If you dispute or question such termination, you agree that pending determination of the validity or effectivity of the termination, the proprietor of mercatan’s obligations under the Agreement, except those which are intended to survive the termination or expiration of the Agreement, shall be deemed suspended. You further understand that you will shoulder all costs of the proceedings, including attorney’s fees, should the termination be found to be proper. The provisions on Indemnification, Limitation of Liability and the Data Privacy Policy stated herein shall survive the termination of this Agreement.
Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to mercatan. Any written notices or other communications to mercatan will be addressed and sent to Unit 2-10, Ferosa Condominium, Donada Street, Pasay City.
This Agreement does not, in any case, create a doctor-patient relationship between you and the proprietor of MERCATAN.COM ONLINE STORE. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement on any person other than you and the proprietor of MERCATAN.COM ONLINE STORE.
You may not assign or transfer this Agreement. The proprietor of MERCATAN.COM ONLINE STORE may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder. Failure of any of the parties to insist in one or more instances on the strict performance of any of the covenants of this Agreement or to exercise any portion hereof contained, shall thereafter not be construed as abandonment or cancellation or waiver of such covenant or option by the party who failed to enforce the strict performance of the provisions of this Agreement. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives its rights under this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
The proprietor of MERCATAN.COM ONLINE STORE may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on mercatan's “Terms and Conditions” link on the Site (www.mercatan.com). If you continue to use mercatan after the proprietor of MERCATAN.COM ONLINE STORE makes changes to the provisions of this Agreement, you are signifying your acceptance of the revised Agreement. You are responsible for checking these terms and conditions periodically for any changes.
If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any law, such provision to the extent possible shall be interpreted in such a manner to comply with such law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.
This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in the Philippines by a panel of three (3) arbitrators in accordance with the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary in connection with this Agreement, the parties may seek appropriate relief before the courts of Pasay City, to the exclusion of any other court for the purpose of fixing the venue hereof, for the purpose of enforcing any right or obligation under or arising out of this Agreement.
