Call us now Globe: (0917) 5804823 / Smart: (0922) 8396150 / Landline: 351-8888
TERMS AND CONDITION
TERMS OF SERVICE

Effective: 12 April 2021

These Terms of Service is a binding contract (“Agreement”) between you (“User” or “Customer”) and VAXCEN INC. (“Vaxcen,” “we,” “us” or “our”), and governs your use of our Website, platform, products and services that link to these terms (“Site” or “Website”).

By using this Site and by availing of our Services, you expressly agree and consent to these Terms of Service:

1. In General
1.1. The information and content (collectively, “Content” or “Contents”) on this Website is for your general information only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content on this Website should not be considered medical advice and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on this Website and should seek appropriate emergency medical assistance.
1.2. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which vaccine, drugs or treatment may be appropriate for you. None of the Content on this Website represents or warrants that any particular vaccine, drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.
1.3. This Website is intended for Philippine audience. If you live outside the Philippines, you may see information on this Website about vaccine, products or therapies that are not available or authorized in your country.
1.4. The Content may include information regarding therapeutic and generic alternatives for certain prescription drugs, and may describe uses for products or therapies that have not been approved by the Philippine Food and Drug Administration (FDA). This Content is for informational, reservation, and comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist or other health care professional. We recommend that you to your health care provider to determine if an alternative vaccine or prescription drug is right for you.
2. Agreement and Terms
2.1. These Website Terms of Service (“Terms”) describe the rules for using this Website, the vaccine reservation platform and the products and services offered by Vaxcen. These Terms constitute a legally binding agreement between you, the person using this Website, and Vaxcen Inc. (“Vaxcen”). If you are helping another person use this Website, these Terms constitute a legally binding agreement between both the helper and the person being helped and Vaxcen. Terms such as “we” or “our” and “Vaxcen” refer to (“Vaxcen”) and its affiliate entities.
2.2. By using this Website, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policies. We may change these Terms at any time, and such changes will be posted on this or a similar page of this Website. It is your responsibility to review these Terms each time you use this Website. By continuing to use this Website, you consent to any changes to our Terms.
2.3. By using this Website, you acknowledge and agree that any activity on this Website is subject to monitoring by Vaxcen at any time, and that Vaxcen may use the results of such monitoring without limitation, subject to applicable law.
2.4. If you enter into any other agreement with Vaxcen, then these Terms are in addition to the terms of such other agreement. Neither entering into this agreement, nor visiting this Website, nor any of these Terms, guarantees that you are eligible to receive coverage under any plan offered through this Website or otherwise.
3. License to use this Website and content ownership
3.1. Subject to these Terms, Vaxcen grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Website for the sole purpose of collecting information regarding our products and services and related activities such as, if permitted on this Website, booking for an appointment to avail of the products or services. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the Website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with Vaxcen and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Website, granting the foregoing licenses or entering into this Agreement.
3.2. In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant Vaxcen a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
3.3. Some Websites operated by Vaxcen include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
3.4 We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this Website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
4. Restrictions on use of this Website
As users of this Website, you agree:
4.1. not to use this Website or Content in any way not explicitly permitted by these Terms or the text of the Website itself;
4.2. not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
4.3. not to misrepresent your identity or provide us with any false information in any information-collection portion of this Website, such as a registration or application page;
4.4. not to take any action intended to interfere with the operation of this Website;
4.5. not to access or attempt to access any portion of this Website to which you have not been explicitly granted access;
4.6. not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
4.7. not to directly or indirectly authorize anyone else to take actions prohibited in this section;
4.8. to comply with all applicable laws and regulations while using this Website or the Content. You represent and warrant that you are at least eighteen (18) years of age, and has the legal capacity to agree to these Terms of Use.
5. COVID-19 Vaccine Reservation Platform; Disclaimers
5.1. Pre-order of COVID-19 vaccine and vaccination appointments may be booked and confirmed through this Website. Pre-orders and appointments are confirmed on a first-come, first-serve basis. Appointment dates and times may vary by location and supply. If you secure an appointment, please come at your designated day and time slot.
5.2. To be able to pre-order a COVID-19 vaccine or reserve a vaccination appointment, you must sign up online for COVID-19 vaccinations and register for an appointment. Vaxcen reserves that right to require the partial or full prepayment of the COVID-19 vaccine to confirm the order and the corresponding vaccination appointment.
5.3. The supply of COVID-19 vaccine is limited, and they may come from different supplier or manufacturer. It is also critical that both the first and second dose of the COVID-19 vaccines are from the same manufacturer, and Vaxcen shall ensure this is observed. In case you miss the second dose as scheduled, you should book another appointment to allow you to receive the second shot as soon as possible. Vaxcen shall not be liable for any medical issue arising from your failure to obtain the second shot as scheduled.
5.4. In the event that the supplier or manufacturer of a vaccine ordered by Vaxcen is unable to obtain approval from the Philippine Food and Drug Administration (FDA) before your scheduled appointment, you may opt to: (a) request for a refund, which would be processed within sixty (60) days; or (b) request to apply your credit for the payment of other vaccines that are offered by Vaxcen. Vaxcen shall not be liable for all events and circumstances beyond its control such as government disapproval of the product, non-delivery, misdelivery or delays by the manufacturer, delay in the release by customs authorities, nationalization of supply by the government, confiscation and other orders or acts by government authorities, character or defects in the product, and other fortuitous events. Further, you agree to hold Vaxcen free and harmless from any claim, demand, or damage, including reasonable attorneys’ fees, in case Vaxcen is unable to obtain the necessary approval from the FDA in relation to the COVID-19 vaccine that you pre-ordered.
5.5. Out of concern for other patients, the public and our employees, face masks are required in all clinics and facilities by Vaxcen. We encourage physical distancing and good hand hygiene in keeping with guidance from the Department of Health. Vaxcen cares about the safety and health of the communities in which we serve. We shall enforce this policy and other COVID-19 health and safety protocols in all of our clinics.
5.6. Deciding to receive a vaccine for COVID-19 is a personal choice. Like any medical decision, you are encouraged to consult with your doctor before obtaining the vaccine. If you have specific concerns regarding your individual situation, you should discuss them with your doctor.
5.7. Availability. We are working closely with the Department of Health, FDA and other government authorities to obtain and administer COVID-19 vaccine as early as possible. We will keep you informed and notify you as soon as possible once the vaccine is available, or if there are unexpected delays that would require an adjustment in your appointment.
5.8. Side Effects. You acknowledge that there might be side effects after your vaccination, such as mild to moderate injection pain. After vaccination, you may also experience symptoms for twenty four (24) to forty eight (48) hours. These symptoms may include soreness at the injection site, fatigue, headache, muscle aches, chills, joint pain, and low-grade fever. The symptoms most often occur on the day after the injection. However, you cannot get COVID-19 from the vaccine. It contains no virus whatsoever (live, dead, or even virus particles). It contains the instructions that tell your body to make a protein that “looks” like the SARS-CoV-2 virus protein to trick your body into creating antibodies that fight the SARS-CoV-2 virus, which causes COVID-19. These symptoms may be similar to those experienced after receiving a vaccine but are not signs of COVID-19 infection. Most of the symptoms are mild, and resolve quickly after 24 to 48 hours. Vaxcen may provide recommendations for over-the-counter therapy after the vaccine is administered.
5.9. Taken with other vaccines. Vaxcen does not recommend that you receive any other vaccines at the same time you are vaccinated for COVID-19. We advise that you wait for 14 days after receiving your COVID vaccine before receiving another type of vaccination.
5.10. Getting vaccine after having COVID-19. Those who acquired COVID-19 are still advised to get the vaccine because this will afford you greater protection. But considering that re-infection is unlikely to occur in the first 90 days after an infection, Vaxcen recommends that you wait until 90 days have passed after having tested positive to obtain the vaccine.
5.11. 5.11. Even after getting the vaccine, you will still have to wear a mask and observe physical distancing. Although you will have some protection after the vaccine, you may still be able to pass the virus on to others who are not protected. Vaxcen shall not be liable for any infection resulting from your failure to observe the required health protocols.
6. Posting messages, comments or content
6.1. Certain portions of this Website may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:
6.1.1. that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
6.1.2 the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
6.2. You are solely responsible for the content of any postings you submit and Vaxcen assumes no responsibility or liability for any content submitted by you or any other Website visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of Vaxcen.
6.3 Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet. Please do not assume that you are anonymous and cannot be identified by your posts.
6.4 If you do post content or submit material, and unless we indicate otherwise, you grant Vaxcen a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Vaxcen and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Vaxcen or its affiliates for all claims resulting from content you supply.
7. Changes to Website content We may change, add or remove some or all of the Content on this Website at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this Website, such as participating healthcare providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in this Website may change over time as permitted by law, including benefit levels, items included in any formula, pricing or lists of participating providers or other associated vendors.
8. Links While visiting this Website, you may click on a link to other Websites and leave this Website. We provide links to other Websites that may contain information that may be useful or relevant to your needs. We do not endorse, and are not responsible for, the content and accuracy of linked Websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.
9. No warranties
9.1. The Contents on this Website, the products and services of Vaxcen are provided to you on an “as is”, “as available” basis. Vaxcen, all third parties, if any, providing content for this Website, and all third parties providing support or information for this Website (collectively, “Website-related-parties”) hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
9.2. The Website-related-parties make no warranty as to the accuracy, completeness, timeliness, correctness, or reliability of any content available through this Website. Without limiting the foregoing, the Website-related-parties specifically do not represent or warrant that any information regarding a particular product or service is accurate or complete. The Website-related-parties make no representations or warranties that use of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the technology that makes it available are free of viruses or other harmful components. You are responsible for taking all precautions necessary to ensure that any content you may obtain from this Website is free of viruses and any other potentially destructive computer code.
10. Limitation of liability You agree that none of the Website-related-parties shall be liable for any damage resulting from your use or inability to use this Website or the content. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the Website-related-parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The total cumulative liability of the Website-related-parties, including all affiliates, and their officers, directors, employees, and agents, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed Fifty Thousand Pesos (PHP50,000.00). In no event shall the Website-related-parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the Website or content are excluded even if the Website-related-parties have been advised of the possibility of such damages. You agree that the use of this Website shall be at your own risk. If you are dissatisfied with this Website or the content, your sole and exclusive remedy is to discontinue using the Website.
11. Governing law and prescription of claims
11.1. The laws of the Philippines govern these Terms and any cause of action arising under or relating to your use of the Website or of Vaxcen’s products or services, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with Vaxcen, or in any way relating to your use of this Website, is in Quezon City, Philippines. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Vaxcen or its employees, officers, directors, agents and providers./td>
11.2. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
12. Contact us To contact us regarding these Terms or the operation of the Website itself, you may reach us at info@vaxcen.com.
13. Miscellaneoussite
13.1. Indemnification. You agree to defend and indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or Website.
13.2. Severability. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
13.3. No waiver. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13.4. Effectivity. These Terms shall take effect on April 12, 2021.