TERMS & CONDITIONS

1. THE WEBSITE

1.1 This page tells you the terms and conditions (the “Terms”) on which you may make use of our website: www.chemcareph.com (the “Website” or “Site”) whether as a guest or a registered user. Please read these Terms carefully before ordering any Products and/or Services from this Site. By using the Website, you indicate that you accept these Terms and that you agree to abide by them.

1.2 All Chemcare© Products and Services are exclusively distributed by BAJ Pharmaceuticals (“We”, “Us” or “Company”) a company registered with the Department of Trade and Industry (DTI) with an official address at Unit 503-505 5th Floor, CEDAR Executive Building II, #26 Timog Avenue cor. Sct. Tobias St., Brgy. Laging Handa, 1103 Quezon City, Philippines.

1.3 We can be reached via e-mail at info@chemcareph.com, via telephone at 8373-0097; 8374-3997; 8899-3433, via private message at https://www.facebook.com/chemcareph/, or contact us at https://www.chemcareph.com/support.

1.4 We reserve the right to change these Terms at any time without prior notice to you. You are responsible for regularly viewing the information posted online to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms.

1.5 You must be at least 18 years of age in order to use this site.

1.6 You are responsible for all access to the Website through your Internet connection and for bringing these Terms to the attention of all such persons.

1.7 You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:

1.7.1 Is in breach of any law, statute, regulation, or by-law of any applicable jurisdiction;

1.7.2 Is fraudulent, criminal, or unlawful;

1.7.3 Is inaccurate or out-of-date;

1.7.4 May be obscene, indecent, pornographic, vulgar, profane, harassing, libelous, defamatory, abusive, threatening, harmful, hateful, embarrassing, menacing, malicious, untrue, political, discriminatory, derogatory, racially, religiously or ethnically offensive or otherwise as determined by the Company in its sole discretion to be objectionable;

1.7.5 Impersonates any other person or body or misrepresents a relationship with any person or body;

1.7.6 Is protected by any intellectual property right, trade mark right, or broadcasting right without obtaining permission of the relevant intellectual property right owner; or

1.7.7 Involves your use, delivery, or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots, or computer programming routines that are intended to damage, detrimentally interfere with, secretively intercept or take away any system, data or personal information.

1.8 You hereby grant us an irrevocable and unrestricted license to use, reproduce, transmit, display and distribute any information (except purchase information), materials, suggestions, ideas, or comments for any purpose permitted by the law, which you submit to us, solicited or unsolicited. You agree that you waive your rights to be identified as the author and we may modify your submission.

1.9 We will process the personal data you provide, if any, in accordance with our Privacy Policy at www.chemcareph.com/privacy-policy. You agree that any and all personal data related to you collected by the Company from the Site or from any of our Platforms, may be used and disclosed for such purposes and to such entity as stated in the said Privacy Policy.

1.10 Commentary and other materials posted on the Website or on any of our Platforms are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitors to the Website or to any of our Platforms, or by anyone who may be informed of any of its contents.

2. TRADEMARKS & INTELLECTUAL PROPERTY RIGHTS

 

2.1 The Site is owned and operated by BAJ Pharmaceuticals.

2.2 The CHEMCARE NAMES AND LOGOS and all related names, design marks, and slogan are the trademarks or service marks of us or our licensors, and shall not be used in any manner without the express, written approval of the trademark owners.

2.3 All contents, including text, images, product descriptions, illustrations, design, software files, audio, video, and other materials (“Content”), contained and published in our Site or in any of our Platforms are the property of the Company and its Content Providers, and is protected under copyright, trademark, patent and/or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing or developed in the future.

2.4 You may not copy, modify, remove, delete, augment, add to, publish, transmit, translate, convert, decompile, disassemble, sell, lease, time-share, sublicense, reverse-engineer, create derivative works from, or in any way exploit any of the Content, in whole or in part without the prior written consent of the Company. Except if you have the non-exclusive, limited, non-transferable, royalty-free right to download or use the Content for your non-commercial, personal use only, provided you keep intact all copyright and other proprietary notices.

2.5 If you do not agree to these Terms, you should not use or download the Content from the Site or from any of our Platforms.

3. PRODUCTS & SERVICES

 

3.1 Features, descriptions, and specifications of any and all goods and services advertised and/or published by the Company on the Site or on any of our Platforms, are subject to change at any time without prior notice.

3.2 The Company reserves the right to set product price and/or limit the quantities sold at this Site, and may at its own discretion limit quantities ordered or cancel orders made in this Site. Should such action occur, notification shall be sent to the e-mail address provided by the User. If your payment has been completed, we will ensure that you are refunded the full amount of what you have paid, in accordance with the refund timelines outlined in our Return & Exchange Policy.

3.3 All Chemcare™ products are for medical professionals' use only. We might ask for additional documents that give us proof, for you to be deemed eligible to purchase such a product.

 

4. TERMS OF USE

4.1 We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you are accurate.

4.2 ACCOUNT

4.2.1 If you would like to submit an order to the Website to purchase one of the products listed on the Website, you are required to register for an account on the Website (an “Account”) which you will be able to access and manage in the “My Account” part of the Website. To register, you need to supply us with your name, address, email address, contact number, and possibly some other personal information. See our Privacy Policy at www.chemcareph.com/privacy-policy for information on how we manage, use, and disclose Personal Data.

4.2.2 The user name and password to your Account are confidential and you must maintain confidentiality as well. Immediately notify us of any unauthorized third party becomes aware of your password or if there is any unauthorized use of your email address or your Account or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using and/or transacting via your Account. Please note that you are entirely responsible if you do not maintain the confidentiality of your Account or password.

4.2.3 You must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails like important notices and updates, can be sent to you. We may require you to validate your account if we believe that you have been using an invalid or inactive email address, in which we may close such Accounts without prior notice.

4.2.4 When you register for an Account or join our Mailing List, you have an option to opt-out or unsubscribe from receiving information emails (newsletters, information on promos, offers, events, etc.) any time.

4.2.5 You will be unable to directly retrieve information relating to any order that you submit to the Website to purchase one of the products and/or services listed on the Website, for security reasons. You may view information relating to your orders, manage and save your information by logging in to your account.

4.3 ORDERING

4.3.1 Before making an Order, you must first register an Account in accordance with Clause 4.2.

4.3.2 Once you selected a Product that you wish to Order, you will be shown or told (on the Site) the charges you must pay, including Value Added Tax (VAT) and any applicable charges. Unless otherwise stipulated on the Site, all charges are stated in Philippine Pesos.

4.3.3 You shall pay for the Product in full by any payment methods that we have said is acceptable to us. We are not bound to supply nor deliver or release the goods and services before we have received cleared funds in full.

4.3.4 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the account or other payment method which you use is your own, and that there are sufficient funds to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the product.

4.3.5 The Order shall be deemed accepted once you receive an order confirmation email with an order reference number and details of the Product you have ordered (“Order Confirmation”). We may, at our discretion, decide to cancel an Order from you for any reason, including unavailability of the product or you are deemed ineligible to purchase such product. If so happens, a notification shall be sent to your email address. If your payment has been completed before cancellation, we will ensure that you are refunded in full payment of what you have paid, in accordance with the refund timelines outlined in our Return & Exchange Policy.

4.3.6 If you discover that you made a mistake with your Order after you have submitted it to the Site, please contact us at sales@chemcareph.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

4.3.7 Cut-off time shall apply so that online orders will be placed before 3:00 PM in the afternoon. Any orders placed beyond the prescribed cut-off time will be processed the following business day while orders placed on weekends and holidays will be processed the next available business day.

4.3.8 The specified Billing Details upon checkout shall be the addressed recipient of Delivery Receipt, Sales Invoice, Official Receipt, and Sales Contract which shall be provided and/or sent together with the products and services you ordered or sent to your email.

4.4 ELIGIBILITY

4.4.1 We will conduct an eligibility check before we release your order. This is to ensure that the person or entity transacting with us is licensed and accredited to handle and use such products and services. We may ask for the following documents License to Operate (LTO) if applicable, Business Registration Certificate (DTU/SEC), Valid Business/Mayor's Permit, Certificate of Registration (COR) BIR Form 2303,  PO (for orders offline), NGO Certificate (PCNC), and/or CDA Certificate. Scanned copies of any documents we may ask shall be sent through email at sales@chemcareph.com.

4.5 PAYMENT

4.5.1 As we need to verify your eligibility to purchase our products, we shall not accept any online credit/debit card payment from you. The company accepts only the following payment methods for online shopping: Cash/Check Bank Deposit, Bank Transfers, Cash or Dated Check. Post Dated Checks for 15 days shall only be accepted from your 3rd transaction onwards and PDC for 30 days after 6 months.

4.5.2 Our couriers and delivery personnel will not accept any cash-on-delivery or check-on-delivery payments.

4.5.3 Additional charges may apply for the handling and shipping of your order, depending on your chosen mode of delivery, which you shall be informed upon check out, and details of such charges will be sent to your email separately.

4.5.4 Full payment should be made before we release the ordered products and services.

4.5.5 Payments via bank deposits and transfers shall be made through accredited banks of the Company: Banco de Oro (BDO), and Metropolitan Bank and Trust Company (Metrobank). The Company’s account details from respective banks shall be provided to customers via email upon check out.

4.5.6 All check payments are subject to 2-banking days of clearing before goods can be delivered or released.

4.5.7 Proof of payment for bank deposit or transfer, either scanned copy or picture, must be sent to us at sales@chemcareph.com to confirm your payment.

4.5.8 Cash payments shall be made in person upon pickup of the purchased products and services. A copy of the Order Confirmation must be presented to verify the total payable amount and the ordered products and services. We might ask for additional information such as Identification Card (ID) to verify your identity or the identity of the person who transacts on your behalf before we release the ordered products and services.

4.5.9 All online transactions will be issued with Delivery Receipt, Sales Invoice, Official Receipt, and Sales Contract regardless of the mode of payment (cash/check deposit, bank transfers, cash or dated check) or the type of shipment (store pick-up/delivery). The addressed recipient of such documents shall be based on the specified Billing Details you provided upon checkout. In the event where you wish to change your specified Billing Details after you have confirmed and placed your order, immediately contact us at sales@chemcareph.com.

4.5.10 Official Receipt shall only be issued once payment in full has been confirmed and verified.

4.6 SHIPMENT & DELIVERY

4.6.1 The Company offers two (2) ways for you to get your online order: Delivery and Store Pick-up.

4.6.2 Ordered products and services shall not be delivered nor released unless full payment is confirmed and verified.

4.6.3 For store pick-up, you shall wait 2-3 days or until we notify you that your order is ready for pickup. The schedule as to when you can pick-up your order will be specified in the email notification that will be sent to you. We require a copy of your Order Confirmation, proof of payment, and Valid ID before we release the ordered product and services. For an individual to pick-up the order on your behalf, we require your advice or endorsement of the person’s name and contact number before we release the ordered product and services.

4.6.4 For Delivery, we shall deliver your order between 3-5 days from the date your order was accepted and you shall shoulder the incurred shipping cost. Once shipped, you will receive an email containing details and proof of the said shipment.

4.6.5 For Delivery through Airlines, you shall be responsible for picking up the products and services at the Airport and must provide the necessary proof of identity upon pick-up.

4.6.6 For Delivery through Lalamove, Grab, or any service courier within Metro Manila, you shall be responsible in communicating with the courier for any change in the delivery address and any additional instruction of the delivery.

4.6.7 The tracking and monitoring of the shipment can be accessed through the Airline’s and/or Courier’s respective App and Website, or you may contact us at sales@chemcareph.com, pm us at our FB page www.facebook.com/chemcareph or call us at 8373-0097; 8374-3997; 8899-3433 for any inquiry and concerns regarding your order’s delivery and shipment.

4.7 PROMOTIONS AND DISCOUNTS

4.7.1 Promotional vouchers and coupons in the form of codes, may be posted by us on any of our platforms or sent you an email of such promotion from time to time. You may “Unsubscribe” if you wish to withdraw your consent of receiving promotional and marketing emails or you may send your request via email at sales@chemcareph.com.

4.7.2 Any voucher and coupon code is only applicable for online orders and will not be honored for any offline orders and purchases.

4.7.3 Vouchers and coupons are valid for the specified period stated on them only. Can only be redeemed once in every transaction and cannot be used in conjunction with other promotional vouchers and coupons.

4.7.4 If the credit from your voucher or coupon is insufficient for the Order you wish to make, you may make up the difference through payment.

4.7.5 If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.

4.7.6 The credit of a promotional voucher does not accrue interest nor does it have a cash value.

4.8 CANCELLATION POLICY

4.8.1 The Company has the right to cancel transactions due to the following reasons:

4.8.1.1 Limitations on availability and quantities of the ordered product;

4.8.1.2 You were assessed to be ineligible to purchase such product;

4.8.1.3 Unsettled payments;

4.8.2 Should you wish to cancel your order, you should call us at 8373-0097; 8374-3997; 8899-3433 or email us at sales@chemcareph.com. If your payment has been completed before cancellation, we will ensure that you are refunded in full payment of what you have paid, in accordance with the refund timelines outlined in our Return & Exchange Policy.

4.8.3 You are allowed to cancel your order at any time however it is ideal if you can cancel on the same day you made your order.

4.8.4 Order cancellation is not allowed if the ordered products and/or services have undergone shipping. Also, cancellation upon your receipt or pick-up of ordered products and services shall not be entertained.

4.9 RETURN & EXCHANGE POLICY

4.9.1 Damaged Dry Chemistry Analyzer must be reported to us immediately after receipt together with photo or video showing the damage or defect of the product, and must be returned within 7 days after the date of receipt. The Company will then assess the product and reserves the right to determine the appropriate remedy, whether it is for REPAIR or REPLACEMENT. Dry Chemistry Analyzer for repair or replacement found to be caused by customer’s mishandling or misuse of the item will not be entertained.

4.9.2 Customers will cover the cost to return the product while the Company will cover the cost to return the repaired or replaced Dry Chemistry Analyzer to the customer.

4.9.3 The Company will allow repair and update on Dry Chemistry Analyzer within warranty terms and conditions. However, customers are not entitled to return and exchange due to: (i) customer’s sudden change of mind after the item has been delivered and received in good working condition; and (ii) defects were found to be caused by customer’s misuse or mishandling of item.

4.9.4 For repairs or replacement beyond the warranty period, the Company reserves the right to offer a quote for repair or replacement of the machine.

4.9.5 If Dry Chemistry Analyzer is found to be irreparable, then the Company will consider REPLACEMENT of the defective Dry Chemistry Analyzer under the following terms and conditions:

4.9.5.1 Defective Dry Chemistry Analyzer shall be replaced with the same model originally bought by the customer.

4.9.5.2 In case of unavailability of stocks or model, the following options are applicable:

4.9.5.2.1 Customer may need to wait for the replenishment of the same model of defective Dry Chemistry Analyzer

4.9.5.2.2 Customer may get an upgraded model of Dry Chemistry Analyzer provided that customer pays for the price difference or any excess in amount accordingly.

4.9.6 In the event where the Customer opts for Refunds instead of Repair or Replacement of the damaged or defective Dry Chemistry Analyzer,  refunds usually take 3-5 working days after we receive your refund request sent to sales@chemcareph.com. The Company reserves the right to withhold any refunds until the original damaged Dry Chemistry Analyzer has been received. Note that shipping fees, vouchers, and coupons are non-refundable. If you return a damaged Dry Chemistry Analyzer that was purchased using a voucher or coupon, only the final paid prices (after discount) will be refunded.

4.9.7 We may ask for proof of purchase such as Delivery Receipt and Sales Invoice. Additional documents may be requested as deemed necessary before we begin processing your refund request.

4.9.8 Refunds are issued via bank transfer or deposit only. We might ask for your bank account details or request your confirmation to ensure that the given details are correct and complete before we issue your refund. Banks may charge a processing fee that could affect the amount of your refund.

4.10 PRODUCT WARRANTY POLICY

4.10.1 Chemcare Dry Chemistry Analyzer is warranted by the Manufacturer, Wondfo Biotech Co., Ltd., for the period of 3 years.

4.10.2 Warranty Registration Form at https://forms.gle/tzM9W2hsYodcbnd19 should be filled out and submitted within 30 days from the date of acceptance. The warranty of every Dry Chemistry Analyzer purchased should be registered separately. We may require you to submit proof of purchase such as Delivery Receipt, Sales Invoice, and Sales Contact via email at sales@chemcareph.com.

4.10.3 The warranty shall begin from the date of receiving the product. If the warranty of Dry Chemistry Analyzer is not registered within 30 days, the warranty period shall start from the date of purchase of the product.

4.10.4 The warranty covers all manufacturing defects, based on fair and reasonable usage. If the damage is found to have occurred from misuse, abuse and unauthorized modification, improper storage, and natural disasters.

4.10.5 The Company reserves the right to offer a quote for repair or replacement of the machine and reserves the right to decline warranty if the machine fails to operate due to the use of non-approved consumables.

4.10.6 All working parts of the Chemcare Dry Chemistry Analyzer are covered within the warranty, while consumables (Test Strips and Control) are not part of this cover. You are entitled to a product repair, replacement, or refund if the product fails to be of acceptable quality.

4.10.7 To make a claim under warranty, please refer to the guidelines outlined in our Return & Exchange Policy.

4.11 TECHNICAL SUPPORT

4.11.1 Support online, email, and phone are available to all customers as part of our commitment to ensure immediate and professional service. You may contact us at https://www.chemcareph.com/support, call us at 8373-0097; 8374-3997; 8899-3433, email us at info@chemcareph.com or submit the Support Request Form found at https://forms.gle/2CRZbSdpZJBd3Eym9.

4.11.2 Phone support is available Monday to Friday between 8:00 AM to 5:00 PM except for non-working holidays. We will respond to your help or support request as soon as we can. The longer it will take for us to respond to your request is 2 days from the time we received your request.

4.11.3 Depending on the problem you are experiencing with Dry Chemistry Analyzer or with LIS provided by us, we might request additional information that we will need in order to assist and determine the proper solution for you, including but not limited to photos or videos showing the issue you are experiencing, model, serial number, system version and exported data from the machine.

4.11.4 Depending on the severity of the problem or the coverage of your request, the Company reserves the right to offer a quote for the repair, troubleshooting, and upgrades of the Dry Chemistry Analyzer or the LIS provided by us.

4.11.5 For feature requests, suggestions, and comments, feel free to contact us through any of our media platforms or in any of the stated contact information in Clause 4.11.1.

 
 
 
 
 
 
 

5. LABORATORY INFORMATION SYSTEM (LIS)

5.1 In the event you acquire a Laboratory Information System from us, any downloadable material, including any files, images incorporated in or generated by the software, and data accompanying the material (collectively, the “Software”) is licensed to you by the Company. Use of the Software is subject to the license terms in the Software License Agreement that accompanies the Software.

5.2 The Company does not transfer title of the Software to you. You own the medium on which the Software is recorded, but the Company retains full and complete title to the Software and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

6. DISCLAIMERS

6.1 This Site and its materials are provided “as is”. All warranties and representations of any kind with regard to this Site and its content are hereby disclaimed, including any implied warranties of merchantability and fitness of a product sold, purchased, or obtained through this Site for a particular purpose or warranties as to any results to be obtained from the use of this Site and its content.

6.2 We cannot be liable if, for any reason, the Site is unavailable for any time or for any period. Due to the nature of the Internet, we cannot guarantee that your access to the Site will be uninterrupted, timely, or error-free. In addition, we may occasionally need to carry out repairs, maintenance, or introduce new facilities and functions.

6.3 We do not warrant that the Site and any of our downloadable forms and software will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect any computer equipment, software, data or other property as a result of your access or use of the Website or the Software, or as a result of your obtaining any material from as a result of using the Website or Software. We shall also not be liable for the actions of third parties.

6.4 While we endeavor to ensure that information and materials on the Website or on any of our platforms are correct, no warranty or representation, express or implied, is given that they are complete, accurate, and up-to-date. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to the pricing and availability of our products and services, and we reserve the right to revoke, cancel or refuse any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

6.5 This shall not affect any obligation which we may have under any contract with you to provide the necessary service, including any obligation that we may have under that contract to provide you with accurate information and advice.

7. LIMITATION OF LIABILITY

7.1 Under no circumstances will the Company or its affiliates, agents, employees, directors, and officers be liable for any ordinary, direct, consequential, incidental, special, punitive or exemplary damages or any other losses or liabilities arising out of or related to (i) this Agreement; (ii) any decision made, action or inaction taken by the party in reliance upon the content of this Site and on any of our Platforms, (iii) any use or inability to use this Site or any of our Platforms; or (iv) any delays, inaccuracies, errors in, or omissions of this Site or of any of our Platforms; even if the Company or its agents or representatives have been apprised of the likelihood of such damage occurring, and regardless of the form of action, whether in contract or warranty, tort, (including negligence) or otherwise. In any event, the User agrees that the liability of the Company and its Content Providers arising of any legal claim in connection with the use of this Site and of any of our Platforms, will not exceed the amount paid by the User in connection with the subject matter in dispute.

8. FORCE MAJUERE

8.1 We shall not be liable to you for any breach, hindrance, or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including but not limited to: (i) the failure of electronic or mechanical equipment or communication lines; (ii) bugs, errors, configuration problems or incompatibility of computer hardware or software; (iii) actions of third-parties including hackers, suppliers, governments, quasi-governmental, supra-natural or local authorities; (iv) unauthorized access, theft or operator error; (v) war, insurrection, riot, civil commotion, accidents, disasters, national emergencies, pandemic, fire, water damage, explosion, power interruption, strike or other stoppages of labor; (vi) any law, decree, regulation or order of any government or government body.

9. LINKS TO THIRD-PARTY WEBSITES

9.1 We have no control over and accept no responsibility for the content of any site to which a link from the Website exists (unless we are the provider of those linked sites).

9.2 Linkages to third-party web sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third-party site to which the Website provides a link. You need to exercise your independent judgement regarding interactions or communications with any other website. 

9.3 You must not, without permission, frame any of the Websites onto your own or another person’s website.

10. PHILIPPINE LAWS AND JURISDICTION

10.1 The terms herein shall be governed by and construed in accordance with the laws of the Republic of the Philippines, notwithstanding any principles or conflicts of law. For purposes of all disputes and legal proceedings arising out of the use of this Site and this Agreement, all parties agree to submit to the exclusive jurisdiction of the Philippines courts.

10.2 In any event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.

11. MISCELLANEOUS

11.1 We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on-line. However, continued use of the Site following any modification will be deemed to constitute acceptance of such modification.

11.2 No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms.

11.3 We are allowed to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.