Terms & Conditions
USER TERMS AND CONDITIONS
Please read these terms and conditions (T&Cs) carefully prior to creating an account with Una Marketplace Inc. (UMP) and/or any of its related services. By accessing our site, you agree to be bound by the T&Cs which govern your (User) use and access to our website, and other services associated with the website. The term “User” refers to our accredited Partners and the Customer.
If you do not understand any of the provisions of the T&Cs and the Data Privacy, kindly discontinue the use of our services or contact any of our customer representatives appearing on our website for clarification. If you disagree, however, please do not access the website.
These T&Cs shall be effective, valid, and binding from account creation until its termination. Certain provisions however shall survive notwithstanding such account termination in compliance with relevant laws and regulations, including their implementing rules and regulations. These terms and conditions are subject to change without notice, from time to time, at the sole discretion of Una Marketplace. We will however notify you of such amendments by posting them on our website or through the website. If you do not agree to such amendments, you may terminate your Account/s at will. Be sure to turn to this page periodically to ensure familiarity with the most current version of the T&Cs.
Kindly take notice that the appropriate disclosure governing each of the services on the Una Marketplace Website is made.
1. ACCOUNT REGISTRATION
1.1. When setting up or creating your account using the Una Marketplace and/or any of its related services Site (the ‘Site’), we will be requiring you to register your preferred mobile number and/or e-mail address, as the case may be, which will be strictly identified under your name for all the products and services offered inside the site. You may not assign a Username or use your name or any word in your name, message identification, or custom user title that is defamatory, obscene, or profane, or which violates or will create a likelihood of confusion with any trademark, service mark, or other intellectual property rights of any third party. If you select a Username or ID that we find offensive or inappropriate, we reserve our right to suspend or terminate your Account.
1.2. Your account is personal to you, as such you agree to keep your Username, password, and other login details confidential, log out from your account at the end of each session on
the Site and ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or transactions were not committed by you. We will not be responsible or liable for any loss or damage arising from unauthorized use of your password, One-Time Pin, or your failure to comply with this Section.
1.3. Depending on the product or services that you will be availing, you may be asked to provide sensitive and personal information such as your complete name, address, mobile number, and email address as part of our requirements.
1.4. You agree to provide all data or information necessary to determine your eligibility to continue your full use of the Site and its associated services.
1.5. We reserve the right to close, suspend or limit your access to your Account in the event of failed verification due to insufficient, lack, or incorrect data/information you provided during your account application and/or creation.
2. PHONE AND ACCOUNT SECURITY
2.1 You are fully accountable for the security of your Account, including the registered Subscriber Identification Module (SIM), the One-Time Pin, and other security features such as passwords and other security protocols attending the use of your account with us. As such, all transactions made using the Site are conclusively presumed to have been made by you, or your duly authorized representative, if you are a business.
2.2. In case of security breaches, you must notify and contact our customer support or at our contact numbers appearing on our website within twenty-four hours from the date of the occurrence of any of such circumstances. Upon proper authentication of your claim and the documents in support thereof, we will cause the suspension or closure of the account upon request.
3. THE PRODUCTS & SERVICES
3.1 The products inside the Site/ online platform consist of our e-commerce platform, reservation/booking platform, Pabili* Services, and other third-party services associated and integrated inside the website.
3.2 Depending on the product or service that you will be availing of, whether any or all of the products or services inside the website, we will be requiring you to read, understand and execute certain documents, provide and confirm your consent to certain policies and/or statements, confirm OTPs, and comply with other security protocols which we will be providing or provided for by our partners. You also understand that each of the products or services may require separate or distinct procedures in compliance with existing laws and regulations.
3.3. As such, our Site may contain contents, products, or services provided by third-party services and resources. You acknowledge and agree that Una Marketplace Inc. will not be responsible or liable for any of your breaches, misrepresentations, infringements, or non-compliance to other terms and conditions that Third-Party Services will require; or the content, products, or services available on or through such Third-Party Services.
3.4 We do not make any representations or warranties whatsoever about any service, content, and/or any other resources provided by Third Parties.
3.5. In using the Site, you also agree that you will be receiving service updates and/or messages, including SMS, notifications, email, and/or any data message transmission or notices of system enhancements, developments, products, promotions, offers, advertisement and/or any other information relative to the Site and associated products and services.
4. PABILI* SERVICE (UNAPHARMA LINE)
4.1 When using our Services, the Customer has a choice to select the Pabili* Service integrated into our UnaPharma line.
4.2 If the Customer will choose the Pabili* Service, they agree to pay the corresponding administrative and/or delivery charges
4.3 If the reserved product is not in stock with our Partner Pharmacy, the Customer may use our Pabili* Service, subject to the payment of corresponding delivery charges and the price of the said reserved product for purchase.
4.4 The following shall govern in the event you cancel your transaction with us:
4.4.1 No charges or penalties will be imposed if the Customer cancels a reservation prior to confirmation;
4.4.2 100% of the Total transaction amount shall be charged against the Customer if the Customer cancels a confirmed reservation with the use of our Pabili* Service.
5. PROCESS (UNAPHARMA LINE)
5.1 The Customer may place a reservation order from our list of Partners near them. You understand that our Partners may process your reservation request within 18 hours and may accept or decline said request depending on the availability of the product. The Partner shall hold the reserved medicine for three (3) days from the date of reservation.
5.2 The Customer will receive an update on the availability of the product, its status, and other instructions for pick-up and/or delivery. If the Customer fails to pick up the medicine within 3 days from the order confirmation, the order will be considered “Cancelled”.
5.3 Customers may make a reservation with a non-partner pharmacy on their own using our Maps and/or directory. In this case, the Customer authorizes UMP to make a reservation on the Customer’s behalf and contact said Pharmacy to inquire about product availability, price, and other details as instructed by the Customer. The Customer may also authorize Una Marketplace to make a reservation in his name with any non-partner pharmacy and provide/share their account information or data necessary to complete the order purchase.
5.4. In the event that the order involves a regulated product or drug, the Customer agrees to send a copy of their prescription to UnaPharma when reserving/booking said prescriptive drugs. You understand that we will not be responsible for any damages resulting from your bookings, orders, representations, and transactions using our Services.
6. DISTRIBUTOR - PHARMACY PLATFORM
6.1 UMP shall be providing a Platform exclusively for its Distributors and Pharmacy Partners for placing orders.
6.2 In this Platform, UMP shall be providing the delivery services unless otherwise agreed in writing. The delivery fee shall be charged to the Pharmacy.
7. DATA PRIVACY
7.3.1. Contact information, such as name, addresses, telephone numbers, email addresses, and other contact details;
7.3.2 Other personal and/or sensitive personal information, which was disclosed when you access or use the UnaPharma Site.
7.4. You understand and consent that the data and/or Information you provide with us may be used for the following purposes:
7.4.1. Facilitate and complete the transaction applied, share it within our group of companies, partner merchants, and/or entities and offer the clients products suitable or relevant to their requirements and/or profile;
7.4.2. Protect personal information and sensitive personal information disclosed to secure accounts from fraud and other illegal activities;
7.4.3. The personal data or sensitive personal information may also be used for prosecuting or defending UMP and its affiliates, related companies and subsidiaries, or its employees when needed, and/or to pursue legal actions to collect or enforce any due and demandable obligations in our favor;
7.4.4. Share or disclose personal data and/or sensitive personal information to the third-party service provider, as may be required by law, regulation, or by a court order;
7.5. We may also request you to update your Personal Information from time to time. Failure to provide updated information may lead to errors in processing reservations, orders, or deliveries.
7.6. In compliance with the law, you have the right to access, correct, object, remove and transport your own data and/or information. Notwithstanding, in the event of data/information removal or transfer effected by you for any reason or purpose, we shall treat the same as cancellation and termination of your account or availing to any of the products and services inside the Site
7.7. We store personal data and sensitive personal information in a data center (on the cloud) and physical document storage facilities. We retain personal data only according to its operational needs and in compliance with legal and regulatory purposes or requirements. In general, we shall only retain Data Subjects' personal data and sensitive personal information for three (3) years after the processing relevant to the purpose has been terminated. However, we may retain Data Subjects data when necessary to establish, exercise, or defend legal claims, for legitimate business purposes, or when provided by law.
8. DATA SHARING
8.1. We will not share your personal data with third parties unless necessary for the above-mentioned purposes and unless you give your consent thereto. Such third parties may include business units, subsidiaries, affiliates, agents, outsourced service providers, and other third parties who will introduce, share or provide their services to our Platform.
8.2. We engage outsourced service providers to support us in delivering services to our customers. Our third parties shall also include government regulators, judicial, supervisory bodies, tax authorities, or courts of competent jurisdiction. We engage third parties for the following reasons:
8.2.1. Verify Data Subjects’ personal information
8.2.2. Assist in business operations
8.2.3. Comply with legal requirements
8.2.4. Addressing fraud, security, or technical issues, to respond to an emergency or otherwise protect the rights, property, or security of our custo.6mers or third parties
8.2.5. Carrying out all other purposes set in these T&Cs.
8.2.6 Associated services such as Financial or Loan Services, e-Wallet, and other services necessary to carry out the purposes of these Terms and Conditions.
8.3. Personal data shared with third parties shall be covered by the appropriate agreement to ensure that all personal data is adequately safeguarded.
8.4. We will not sell personal data to any third party, except in those cases which are allowed by law or regulations. All our engagements with third parties shall be fully compliant with our obligation of confidentiality imposed on us under applicable agreements and/or terms and conditions or any applicable laws that govern our relationship with you.
8.5. Personal data under our custody shall be disclosed only to authorized recipients of such data. Otherwise, we will share Data Subjects’ personal data with third parties only with your consent, or when required or permitted by our policies and applicable law.
9. TERMINATION OF ACCOUNT
9.1 In the event of misrepresentation, breach of warranty, or failure to comply with the Terms and Conditions provided herein, including the Data Privacy Statement, Policy, or other updates of which you are fully notified, we may terminate your account without further notice.
9.2. In any event, we reserve, at our sole discretion but without obligation, the right to deny access to your Site or any component thereof to anyone at any time, whether temporary or permanent, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm, and warrant to hold Una Marketplace Inc. free from any liability arising or that may arise out of any such denial of access to or the discontinuance of your use of the Site, including all of its services.
9.3. You understand, confirm, agree, and acknowledge the right and authority of Una Marketplace Inc. to automatically suspend or block your account in the event that we find a reason to believe that there may be fraudulent or suspicious transactions on your account, without prior notice. As such, you hold free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which you may have suffered as a result thereof.
10. LIMITED LIABILITY
10.1. The Site is ‘as is’ and without any warranties, claims, or representations made by Una Marketplace Inc., whether expressed, implied, or statutory, with respect to the services, including but not limited to warranties of quality, performance, merchantability, or fitness for a particular purpose, the functions or associated services contained therein. Furthermore, we do not warrant that there will be no delays, interruptions, defects, errors, viruses, worms, trojan horses, or other harmful codes, instructions, programs, or components inside the Site, or that the same will be corrected in a timely, secure or accurate manner.
10.2. We shall not be liable for any loss, cost, damage, or liability to you or a third party arising from, directly or indirectly, or as a result of your inability to perform or complete any transaction through the use of the Site thru your registered number or mobile phone due to their own service/ system/ line unavailability, delays, maintenance or other reasons, or due to any delay, interruption or termination of a transaction using the Site whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond our control.
10.3. In relation to Section 1 of these T&Cs, we shall not be liable to circumstances of identity or account theft or unauthorized use of your Account or Site resulting in any loss, costs, damages, or liability to any third party.
10.4. You acknowledge, that we shall not be held liable to any acts of misrepresentation or fraud by any third party, including our employees, officers or agents, when you transact using the Site by reasons thereof.
10.5 You acknowledge that the risks involved in your use of the Site remains with you to the maximum extent permitted by applicable law, and the only right with respect to any problems or concerns by reason of such risks is to request for termination of your account or you on your own discontinue the use of our services. We shall not be liable for any loss or damage due to your own fault.
10.6. In relation to the Products & Services under Section 3 of the T&Cs, third-party providers may contribute to our Services. We shall not be liable for the accuracy, reliability, nature rights clearance, compliance with the law, restrictions, and regulations, or any such effects of any contributed data, text, images, sounds, video, software, and other Content. You will not hold Una Marketplace Inc.. responsible for any of your actions or inactions, including, without limitation, on the contents these third-party providers make available via the Site.
10.7. The Site may also contain links to third-party products, platforms, services, and offers. You understand that said links, products, platforms, and services are not owned, controlled, or operated by us. We will not assume responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. We encourage you to read the terms and other policies published by such third parties on their own products, platforms, and services. You further acknowledge and agree that we may disable your use of, or remove any third-party links, or applications on the Services to the extent that they violate these T&Cs.
10.8. At any event, all transactions made prior to your notice or report of loss of your account, SIM, mobile phone, or any security breaches shall continue to be your liability.
10.9 We may be enhancing, developing, or introducing new features and functionalities inside the Site at any time and without further or prior notice. As such, you understand, consent and agree that the Site and its services shall form part of our Services as defined in these T&Cs, Or any amendments thereto. In this regard, you will not hold Una Marketplace Inc. for any losses, costs, or damages resulting from delay, downtime, or failure of transaction due to enhancement, maintenance, or development of the Site.
10.10. In the event that Una Marketplace Inc. is found by a Court of competent jurisdiction to be liable, our liability to you is limited to the amount of the damages actually suffered by and judicially decided with finality in your favor.
11. WARRANTY AND REPRESENTATION
11.1. You warrant that the data you submitted to us is complete, accurate, true and correct. You agree that you will inform us immediately of any change of facts or circumstances which may render any personal data or information previously provided inaccurate, untrue, or incorrect and provide any information or documentation to us that may reasonably require for the purposes of verifying the accuracy of the updated information or personal data.
11.2. You also represent and warrant that you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right, and ability to enter into these T&Cs and to comply thereto, and you will use our Services for lawful purposes only and in accordance with these T&Cs and all applicable laws, rules, regulations, guidelines, and policies.
11.3. If you are a business entity or a juridical person, you warrant and represent that you are duly authorized to conduct business and possess the necessary licenses and approvals. Furthermore, you represent that the employees, officers, representatives and other agents accessing or using the \Site possess the power and/or authority to access and use the Site and its services. You also represent that you will be bound for any and all acts or transactions made or performed by such employees, officers, representatives, and other agents accessing or using the Site under your username and password.
11.4 You agree that you will not use the Site and its services, or any of the logos, names, brands, whether registered or not, texts, marketing collaterals, colors, symbols, sounds, videos, or any other spaces and features of the Site, for any commercial use, without prior written authority from Una Marketplace Inc.
12. ASSIGNMENT AND TRANSFER
12.1. Notwithstanding any other provisions of the T&Cs, you acknowledge and accept that you cannot assign, transfer, or sell your account to anyone. You understand that the account created will be perpetually identified under your name and linked to your registered preferred number.
13. NON WAIVER
13.1. The delay or failure of Una Marketplace Inc.. to exercise any of its rights under the T&Cs, policies, or any other rights emanating from the Site shall not be construed or deemed as a waiver of Una Marketplace Inc.. of such rights.
14.1. The provisions of these general terms and conditions shall apply suppletorily to the terms and conditions of each of the products and services that you may avail inside the Site. You understand and confirm that there will be special and/or other terms and conditions specific to each of the products and services which shall govern your agreements with us in the event of any contrary provisions with these T&Cs.
15. GOVERNING LAW & VENUE OF ACTIONS
15.1. This Agreement shall be governed by and interpreted in accordance with the laws of the Philippines. The venue of all actions arising from this Agreement shall be brought exclusively to the jurisdiction of the appropriate Court in Pasig City, Philippines.
16.1. We reserve the right to modify these T&Cs at any time without prior notice, which will be effective immediately upon its posting on the Site or any of our authorized websites or platforms. Your continued use of the Site after such amendments have been posted shall constitute your acceptance of such amendments to the T&Cs.
Should any term or condition in this Agreement be rendered void, illegal, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.