Online Payment Terms and Conditions
Maxicare Healthcare Corporation (“Maxicare”) owns and operates shop.maxicare.com.ph (the “Website”).
For purposes of this Maxicare Online Payment Terms and Conditions (the “Terms of Service”), the words “we”, “our” and “us” shall refer to Maxicare, while “you” and “your” shall refer to the payor.
You agree and acknowledge that access to and use of the Maxicare Online Payment Service made available through this Website (the “Service”) are subject to the terms and conditions outlined in this Terms of Service. By using the Service via our Website, you agree that you have read, understood, and accepted the contents of this Terms of Service, including any and all updates and changes that may hereafter be made hereto at our sole and absolute discretion. All changes made in the Terms of Service shall be effective immediately when posted, and your continued use of the Service following any changes shall be deemed your acceptance to any such changes.
Any and all third-party web links contained in the Website are provided solely for your convenience. We have no control over the contents of said weblinks, and therefore, we shall not be responsible for their contents nor for any loss or damage that may arise from your use thereof. If you decide to access any third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of their use.
This Terms of Service constitutes our sole and entire agreement with you regarding the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service. In the event of any inconsistency between the terms embodied in this Terms of Service and the statements made by our agent/s, this Terms of Service shall govern.
The Service shall be subject to the following terms and conditions:
- To access and use the Service, you may be asked to provide certain personal information and/or registration details, which information shall be processed and governed in accordance with the Service Agreement or any contract or agreement between you and/or your company, and Maxicare, and/or Republic Act No. 10173 otherwise known as the Data Privacy Act, its implementing rules and regulations, and issuances of the National Privacy Commission (collectively the “Data Privacy Laws”). As such, you consent for the processing of your personal information.
- In connection with the foregoing, you hereby irrevocably authorize Maxicare, and its directors, officers, employees, agents, representatives, consultants, legal counsel, third-party auditors, sub-processors and service providers (collectively the “Representatives”), to:
- Obtain, collect, examine, process, and store your personal information, including sensitive personal information and privileged information, as may be deemed necessary by Maxicare. Except as otherwise stated hereon, any information obtained relative to the authority herein given shall be strictly confidential. The extent of the collection and processing shall be necessary and incidental to the performance of the Services; and
- Disclose the aforementioned information to your employer and its representatives, agents, and brokers, for any legitimate business purpose as Maxicare may deem appropriate, including, but not limited to, outsourced processing of Maxicare transactions, profiling or historical statistical analysis, and providing advice or information which Maxicare and its Representatives believe may be of interest to you, to effectively administer or manage your account, enhance customer services, or to communicate with you for any purpose.
- You retain the right to be informed, to object, access, complain, and rectify your information, and to the corresponding damages in case of violation of your rights within the corresponding limitations as set forth in the pertinent laws.
- By submitting payments through the Service, you authorize Maxicare to process your payments according to your instructions. You are responsible for any liabilities, penalties and fees, whether imposed by law or otherwise, that may be due to any false information provided to us for use of the Service. You may use the Service only to authorize the payment of bills owing to Maxicare. Payments that you authorize will be made from a bank or financial institution account (the “Transaction Account”) that you designate. It is your responsibility to establish and maintain the Transaction Account and to pay any and all fees associated with the Transaction Account. By accepting these Terms of Service, you represent and warrant to Maxicare that: (i) you are eighteen (18) years old or older; (ii) you are using your actual identity and any information you provide is accurate and complete; (iii) you are legally authorized to make payments using the Transaction Account; and (iv) your use of the Service will not violate any of your contracts, agreements, or undertakings or any local, national, or international laws or regulations.
- By providing Maxicare with a payment authorization under the Service, you authorize Maxicare systems to charge the Transaction Account to remit funds on your behalf to pay your bills owed to Maxicare. It is your responsibility to make timely payment authorizations, so that the funds will arrive at Maxicare before the date on which they are due. You shall bear the risk and the responsibility for paying any late charges or penalties resulting from the late receipt of any payment made under the Service.
- Installment payment options for Maxicare’s prepaid products shall be subject to the following terms and conditions:
- You have the option to pay for your purchase in installments when all the following conditions are present: (1) you are a direct customer; (2) you are a card holder of one of Maxicare’s partner banks; and (3) your purchase has a total amount of at least Eight Thousand Pesos (Php 8,000.00).
- If you have satisfied the foregoing conditions to avail the installment payment options, you may choose to pay via monthly installments at three (3), six (6), nine (9), and twelve (12) month terms.
- Customers can combine products into a single purchase and pay for the combined purchase via installments, provided that the purchase has a total amount of Eight Thousand Pesos (Php 8,000.00).
- Notwithstanding any provision to the contrary, a Maxicare agent shall not be qualified to avail of the installment payment option. Hence, the installment payment option shall not be available when you input the username of a Maxicare agent.
- Installment payment options are available only for purchases made on the Maxicare Online Store (maxicare.com.ph).
- Maxicare shall not be responsible for providing notice in the event that your payment is declined for any reason by your credit card company/bank or by your online payment supplier. Payments shall only be considered duly made and complete if cleared by your credit card company/bank or other online suppliers. At all times, it shall be your sole responsibility to verify and check with your credit card company/bank whether or not your online payment has been appropriately and accurately posted/recorded in your account.
- The Membership Agreement shall commence on the date specified in the electronic mail (email) or SMS notification received, once membership has been successfully registered. Within fifteen (15) days from receipt of the Membership Agreement (the “Cancellation Period”), you may cause its cancellation or revocation by returning the Maxicare Card or e-voucher and the Membership Agreement to Maxicare. Maxicare shall thereafter cancel or revoke the membership and the Membership Fee paid shall be returned in full. Failure to cancel or revoke this Agreement within the Cancellation Period shall be understood as an acceptance of all the terms and conditions provided hereunder. Any availment within the Cancellation Period shall also mean acceptance of the Membership Agreement. There shall be no refund of Membership Fee after the lapse of the Cancellation Period or use of Maxicare services. Details of Maxicare’s Refund and Cancellation Policy may be found at the following link: https://shop.maxicare.com.ph/pages/refund-and-cancellation-policy.
- In no event shall Maxicare and its Representatives be liable to you or any third party for damages or loss of any kind, arising out of or in connection with the erroneous application or non-application of payments (including, but not limited to, payments declined by credit card or online payment suppliers).
- Maxicare shall not be liable for any loss or damage of whatever nature in connection with the implementation of transactions covered by these Terms of Service in the following instances:
- Disruption, failure or delay which are due to circumstances beyond the control of Maxicare, fortuitous events such as but not limited to prolonged power outages, breakdown in computers and communication facilities, typhoons, public disturbances and calamities, and other similar or related cases;
- Loss or damage that you may suffer due to theft or unauthorized use of your account’s passwords, personal data, or violation of other security measures with or without your participation; and
- Inaccurate, incomplete or delayed information received by you due to disruption or failure of any communication facilities.
- Maxicare shall not be liable if, for any reason, the Website becomes unavailable at any time or for any period. Maxicare reserves the right to temporarily close the Website for maintenance or for other security or commercial reasons. Maxicare shall publish in its Website or notify you through other means for maintenance schedules of the Website or of the Service. In no event shall Maxicare or any of its Representatives be liable to you or to any third party for any direct, indirect, consequential, or incidental damages or loss that may arise from your use of or inability to use this Service or our other services.
- You agree to defend, indemnify, and hold harmless Maxicare and its Representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Terms of Service or your use or misuse of the Services.
- All matters relating to the Website and this Terms of Service, including any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In the event of any conflict between Philippine laws and the laws of any other jurisdiction, Philippine laws shall prevail and apply at all times; and
- Any legal suit, action, or proceeding arising out of, or related to, this Terms of Service shall be instituted exclusively in the appropriate courts of Makati City, Philippines, although we retain the right to bring any suit, action, or proceeding against you for breach of this Terms of Service in your country of residence or any other relevant country including the Philippines. You waive any and all objections to the venue chosen and to the exercise of jurisdiction over you by such courts.
The Terms of Service are subject to change. You may address any queries related thereto to firstname.lastname@example.org.
BY CLICKING FORWARD TO MAKE A PAYMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS TERMS OF SERVICE AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE AND ANY FUTURE AMENDMENTS TO THIS AGREEMENT WHICH MAY BE MADE FROM TIME TO TIME.