Form Template Control: Quality Management System/October 26, 2021/FO-QS-0.082/Rev.01
MAXIPROTECT
TERMS AND CONDITIONS
VERSION AS OF: 26 October 2021
MaxiProtect is a service provided by Maxicare Healthcare Corporation (“Maxicare”) to its members and their
Designated Persons who wish to avail of vaccines (“vaccine”) which may include Covid-19 vaccines and other
common vaccines. MaxiProtect includes the use of a software program and platform (“App”) developed and
operated by Maxicare’s service providers with which Maxicare has partnered with for the administration of
the vaccine.
These Terms and Conditions (“T&Cs”) regulate the collection, processing and disclosure of your data during
your enrollment, participation in MaxiProtect and use of the App, and shall form part of the agreements with
Maxicare and its Representatives, as defined below. MaxiProtect and the App include data collection, browser
interface, data encryption, transmission, access and storage that allow Maxicare, its service provider and their
respective Representatives, as defined below, to provide you with certain health services, verify required
personal information and to allow you to request and receive authorizations, among others.
Please review these T&Cs carefully and indicate your agreement by clicking on the corresponding box towards
the end of this document. Maxicare reserves the right to modify these T&Cs from time to time without need
of prior notice or approval. Members may access the latest version at https://maxicare.ph/Maxiprotect, and
any queries related thereto may be addressed to dpo@maxicare.com.ph.
A. Definition of Terms.
Wherever used in this T&Cs, unless the context otherwise requires, the following words and expressions
shall have the meaning respectively ascribed to them:
Affiliate
refers to any entity that controls, is controlled by, or is under common control
with another entity. For the purposes of this definition, an entity shall be
deemed to control another entity if it owns or controls directly or indirectly
more than fifty percent (50%) of the voting equity or assets of the other entity
(or other comparable ownership interest for an entity other than a
corporation) or the right to appoint a majority of the directors of the other
entity (or other comparable supervisory body for an entity other than a
corporation).
App
refers to the mobile application developed and/or licensed by Maxicare’s
service provider for vaccine administration.
Agreements
refers to the executed Agreements between Maxicare, the Sponsoring Entity,
and/or the member.
Authorized Personnel
includes a party’s directors, stockholders, officers, employees, agents,
consultants, legal counsels and third party auditors.
Data Privacy Laws
refers to Republic Act No. 10173, otherwise known as the “Data Privacy Act of
2012”, its Implementing Rules and Regulations, and related issuances of the
National Privacy Commission.
Form Template Control: Quality Management System/October 26, 2021/FO-QS-0.082/Rev.01
Designated Person
refers to a member’s: (1) legal/common-law spouse, ascendants and
descendants (including legally adopted children) and relatives within the
fourth degree of consanguinity or affinity, (2) a household member or an
individual with whom the member shares the same close quarters, apartment,
room, dwelling (including housemates, helpers and drivers), (3) any other
dependent of the member.
Maxicare
refers to Maxicare Healthcare Corporation.
MaxiProtect
refers to the vaccination program or service of Maxicare.
Member
Representative
refers to the parent or legal guardian of a minor member, or the duly
authorized representative of a member of legal age, acting on behalf of such
minor member or member of legal age.
Party/party
refers to any person, natural or juridical, who is contractually bound by the
Agreements. This includes but not limited to Maxicare, its service provider,
the User and the Sponsoring Entity.
Pharmacovigilance
refers to the science of collection, detection, assessment, monitoring and
prevention of adverse effects of pharmaceutical products including drugs and
vaccines.
Personal Information
refers to personal and sensitive personal information as defined under the
Data Privacy Laws and financial information which includes but not limited
to banking details, transaction numbers, payment details.
Process
refers to any operation or any set of operations performed upon personal
information including, but not limited to, the collection, recording,
organization, storage, sharing, updating or modification, retrieval,
consultation, use, consolidation, blocking, erasure or destruction of data.
Processing would include both manual and automated handling of personal
information and storage and data transfers using various means including but
not limited to physical methods as well as electronic via information and
communications systems
Representatives
refers to a Maxicare and/or the Sponsoring Entity’s parent company, affiliate,
subsidiary, third party contractors and/or service or product providers
Represented Member
refers to a bona fide Maxicare member who is duly represented by another. In
the case of a minor, the minor’s parents or legal guardian. In the case of a
member of legal age, his/her duly authorized representative.
Sponsoring Entity
refers to a person and/or entity with whom Maxicare has an existing
Agreement with which may include, but not limited to, the User’s employer,
family member, principal and/or any other contracting entity in the
Agreements.
T&Cs
refers to these Terms and Conditions
Form Template Control: Quality Management System/October 26, 2021/FO-QS-0.082/Rev.01
User Data
refers to data of a member that is submitted to MaxiProtect and/or the App
You/User
refers to any person who is: (1) duly qualified and accepted by Maxicare to be
a bona fide member, (2) the member’s Designated Person, (3) Member
Representative.
B. Authorities
1. In case the User is a bona fide Maxicare Member, he/she represents and warrants that he/she is of
legal age, with complete use of his/her mental capacities and has legal capacity to act.
2. In case that the User is a Member Representative, the Member Representative represents warrants
that he/she is the parent or legal guardian of a minor member, as prescribed under applicable laws,
or the duly authorized representative of the member of legal age.
3. In case that the User is a Designated Person, the Designated Person represents and warrants that
he/she belongs in the enumeration of individuals who may be categorized as Designated Persons as
defined herein and under the applicable laws, rules and regulations.
4. The User agrees and understands that Maxicare shall be relying on such warranty and representation,
as a bona fide Maxicare member, Member Representative or Designated Person. In the event that
such warranty or representation turns out to be false, erroneously given, or fraudulently made, the
Maxicare member, Member Representative or Designated Person shall hold Maxicare free and
harmless from and against any and all suits or claims, actions, or proceedings, damages, costs and
expenses, including attorney’s fees, which may be filed, charged or adjudged against said entities and
persons in connection with or arising from the breach of the said warranties and representations.
C. Representations and Warranties
1. By enrolling, participating in MaxiProtect and/or using the App, you (“You/User”), as a bona fide
Maxicare member, Designated Person, or Member Representative, acknowledge and agree to abide
by all the terms and conditions contained herein, and in any other relevant agreement executed
between you, the Represented Member, or your Sponsoring Entity, and Maxicare, including but not
limited to, the privacy and security policies governing the MaxiProtect and the App, including any
materials or information available in the App, medical and handling protocols, and reporting rules,
which are hereby incorporated by reference, subject to changes as may be notified by Maxicare. All
other provisions of the Agreements which are not inconsistent to these T&Cs are deemed applicable
and incorporated herein. In case any conflict arises between the provisions of the Agreements and
these T&Cs, the T&Cs shall govern in so far as the conflict involves MaxiProtect. In addition, in case
of any conflict between the Privacy Notice and/or Terms of Use for the App as published by
Maxicare’s service provider, and this T&C, this T&C shall govern, along with the relevant Data
Sharing Agreement and Master Services Agreement executed by Maxicare and its service provider,
with respect to the use of MaxiProtect.
2. The User agrees and understands that all his/her representations, warranties and undertakings, given
on his/her own behalf or on behalf of the Represented Member, shall be deemed to be material and
have been relied upon by Maxicare. These representations include but not limited to vaccination
status, vaccination history, co-morbidities, and allergies. Consequently, the User shall be directly and
solely responsible for the accuracy and truthfulness of any and all information submitted by him/her
via MaxiProtect and the App. They shall survive the execution and delivery of these T&Cs,
notwithstanding the consummation of the transaction contemplated herein.
Form Template Control: Quality Management System/October 26, 2021/FO-QS-0.082/Rev.01
3. The User agrees and understands that in the course of providing the services under MaxiProtect, and
in enhancing, developing and further improving or augmenting the services under MaxiProtect,
Maxicare shall engage the services of, procure products and services from, and collaborate and/or
interact with, service providers, other third parties and their respective Representatives.
4. The User, on his/her own behalf or on behalf of the Represented Member, hereby freely, knowingly
and voluntarily gives his/her consent, in accordance with the Data Privacy Laws to Maxicare, its
service provider, the Sponsoring Entity, and their respective Representatives and Authorized
Personnel to:
a. Obtain, examine, process, collect, record, organize, store, update or modify, retrieve, consult,
use, consolidate, block, erase, destroy or do any operation or set of operations on, the User or
the Represented Member data, including sensitive personal information and privileged
information, medical records, financial information which includes but not limited to banking
details, transaction numbers, payment details, or any other information or material, i.e., picture,
video and voice recording, fingerprints, CCTV and etc., relative to the User or the Represented
Member’s application and/or membership with Maxicare, availment of MaxiProtect,
hospitalization, consultation, and treatment or any medical advice in connection with the
benefit/claim availed under the Agreement/s, as may be deemed necessary by Maxicare. Except
as otherwise stated in these T&Cs, any Personal Information obtained relative to the authority
herein given shall be kept strictly confidential. The extent of the processing of Personal
Information shall be limited to what is necessary, appropriate or incidental to the performance
of the services under MaxiProtect as contemplated in the Agreements and these T&Cs.
b. Process and disclose such Personal Information to the Sponsoring Entity, Maxicare, their
respective Representatives, and Authorized Personnel, as well as relevant government agencies
in compliance with Republic Act No. 11223, otherwise known as the “Universal Health Care Act”,
its Implementing Rules and Regulations, Republic Act No. 11332, otherwise known as the
“Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act”,
Republic Act No. 11525, otherwise known as the “Covid-19 Vaccination Program Act of 2021,”,and
other relevant issuances of the Department of Health, Food and Drug Administration, and/or
Philippine Health Insurance Corporation (“Philhealth”), and any amendments to such laws,
rules, regulations, and issuances, for any legitimate business purpose as Maxicare may deem
appropriate, including but not limited to outsourced processing of Maxicare transactions,
disclosure to and transacting with lifestyle and rewards partners/providers, profiling or historical
statistical analysis, providing advice or information which Maxicare, its Representatives and/or
Authorized Personnel believe may be of interest to the User or to the Represented Member,
administering or managing User or the Represented Member’s accounts, enhancing customer
services, or communicating with such User or Represented Member for any marketing purposes.
c. Process and disclose information on adverse drug reactions and/or events the User, the
Represented Member, or Member Representative reported via MaxiProtect and/or the App,
which may be transformed into an anonymized and aggregate form, to drug manufacturers from
which Maxicare procured, directly or through other providers, the vaccines administered, strictly
for the purposes of Pharmacovigilance.
For clarity, processing would include both manual and automated handling, storage and transfer of
Personal Information using various means and methods whether physical or electronic (via
information and communications systems employed by Maxicare and its Representatives).
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6. The processing contemplated in these T&Cs shall be without prejudice to, and shall at all times take
into account and uphold your or the Represented Member’s rights as a data subject, as provided
under the Data Privacy Laws, such as but not limited to the right to be informed, to object, access,
complain, and rectify, to request for filtering of certain information, and to the corresponding
damages in case of violation of your rights subject to the limitations as set forth in the Data Privacy
Laws.
7. The User, on his/her own behalf or on behalf of the Represented Member, hereby provides his/her
unconditional consent to the matters specified herein; and Maxicare, the Sponsoring Entity, their
respective Representatives and Authorized Personnel shall have all the right to rely on such consent,
including the representation that the consent shall have been duly and timely obtained prior to use
of the App.
8. The User, on his/her own behalf or on behalf of the Represented Member, hereby warrants that
he/she understands his/her rights and obligations pursuant to the Data Privacy Laws as the same
may be amended, or that he/she has informed and explained such rights and obligations to the minor
member, as may be applicable. Consequently, the User hereby agrees to hold the Sponsoring Entity,
Maxicare, its service provider and their Representatives and Authorized Personnel free and harmless
from and against any and all suits or claims, actions, or proceedings, damages, costs, and expenses,
including attorney's fees, which may be filed, charged, or adjudged against the Sponsoring Entity,
Maxicare, its service provider, their Representatives and/or Authorized Personnel in connection with
or arising from the use, processing and disclosure by the Sponsoring Entity, Maxicare, its service
provider, their Representatives and/or Authorized Personnel of the aforementioned information
pursuant to Maxicare’s reliance on the consent provided by the User .
9. The User, on his/her own behalf or on behalf of the Represented Member, agrees and understands
that the main purposes for collection, recording, processing, and storing of his/her or the
Represented Member’s personal and sensitive information include but not limited to:
a. Assessment of his/her or the Represented Member’s medical condition and the
appropriateness of the vaccine to be administered to him/her;
b. Arrangement and/or provision of healthcare services;
c. Performance of the services under the Agreements;
d. Pharmacovigilance; and
e. Compliance with applicable laws, rules and regulations.
10. The User, on his/her own behalf or on behalf of the Represented Member, acknowledges and
understands that Maxicare has security measures in place that will ensure that personal and sensitive
information are safeguarded and protected against loss, unauthorized access, destruction,
modification, leakage, and disclosure.
11. The User, on his/her own behalf or on behalf of the Represented Member ,hereby represents that, in
order to provide the services contemplated in the Agreements, the authorities herein provided shall
be valid and existing during the term of the Agreements, including any extensions thereof, and until
necessary for the establishment, exercise or defense of any claims arising from the said Agreements.
12. In case of breach of any of the provisions of the Agreements, these T&Cs, as well as the warranties
and representations stated herein, Maxicare shall be entitled to the amount of Two Hundred
Thousand Pesos (P200,000.00) as minimum damages, in addition to any other damages which it may
be entitled under the law, and attorney's fees in the amount of One Hundred Thousand Pesos
(P100,000.00) in the event that it shall be constrained to engage the services of counsel to prosecute
its claim.
Form Template Control: Quality Management System/October 26, 2021/FO-QS-0.082/Rev.01
D. Services for administration of Covid-19 Vaccine
1. The User, on his/her own behalf or on behalf of the Represented Member, agrees and understands
that, pursuant to applicable laws, rules and regulations, the cost of the Covid-19 vaccine, when
availed, is priced without any mark-up or profit margin. Only reasonable costs for the actual
administration of the vaccine, ancillary supplies and services shall be charged to the User or the
Sponsoring Entity. Moreover, the User understands that Maxicare shall only employ duly licensed
healthcare institutions for the administration of the Covid-19 vaccines. These healthcare institutions
may be Maxicare subsidiaries, affiliates or accredited healthcare institutions.
2. The User, on his/her own behalf or on behalf of the Represented Member, acknowledges and
understands that pursuant to the Agreements, Maxicare’s services as it relates to the administration
of the Covid-19 vaccine shall be limited to the following:
a. Coordination for the storage of the procured vaccines from the nationwide storage and
logistics partner in the Philippines;
b. Procurement of required permits and licenses for the vaccination site;
c. Health assessment and provision of health screening questionnaire;
d. Issuance of relevant medical certificates in cases of co-morbidities (for Maxicare Members);
e. Scheduling for the doses of vaccination;
f. Issuance of vaccination card;
g. Handling and reporting of adverse events following immunization; and
h. Other services that may be required by applicable laws, rules and regulations issued by the
relevant government authority.
3. The User, on his/her own behalf or on behalf of the Represented Member, understands that at the
time of the signing of the Agreements, the only pathway for the use of Covid-19 vaccines in the
Philippines is through the “Emergency Use Authority” (“EUA”) to be issued by the Food and Drug
Administration pursuant to Executive Order No. 121, Series of 2020. As such, the User acknowledges
and understands that EUA is an authorization issued for unregistered drugs and vaccines in a public
health emergency. The EUA is not a Certificate of Product Registration (CPR) or a marketing
authorization. The evaluation process of the product may be facilitated by reliance and recognition
principles, but stricter conditions on the use and monitoring following authorization shall be
imposed.
4. The User, on his/her own behalf or on behalf of the Represented Member, waives and releases any
claim against Maxicare, its service provider, Representative and Authorized Personnel arising out of
or relating to: (a) lack of safety or efficacy of the Covid-19 vaccine, subject to compliance with
applicable regulatory requirements in the Philippines for a Covid-19 vaccination product; (b) use or
administration of the vaccine under pandemic conditions, except to the extent such claim arises from
Maxicare, its service provider, Representative and Authorized Personnel’s willful misconduct or
failure to comply with regulatory issuances; (c) issues relating to storage or transport conditions
including deep cold chain storage if handled by the User or the Sponsoring Entity; (d) improper
administration of the vaccine.
5. Pursuant to Republic Act No. 11525, otherwise known as the “Covid-19 Vaccination Program Act of
2021”, Maxicare and its service provider as a duly authorized private entities, shall be immune from
suit and liability under Philippine laws with respect to all claims arising out of, related to, or resulting
from the administration or use of Covid-19 vaccines under the Covid-19 Vaccination Program, except
those arising from their willful misconduct and gross negligence. In case of death, permanent
disability or hospital confinement due to serious adverse effects, compensation and indemnification
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shall be coursed through the Covid-19 National Vaccine Indemnity Fund administered by Philhealth
pursuant to Republic Act No. 11525.
E. Terms of Use
1. Privacy & Security Policies. The enrollment and/or participation in MaxiProtect, as well as the use of
the App, shall be governed by such privacy and security policies which are adopted by Maxicare and
its service provider from time to time, whether such privacy and security policies are contained in
the App, in the Agreements and/or respective websites used in MaxiProtect. Maxicare and its service
provider reserve the right to modify, alter or amend such privacy and security policies without need
of prior notice or approval of the User, unless otherwise required by Data Privacy Laws.
2. User Information and Data. The User shall be directly and solely responsible for the accuracy, quality,
integrity, legality, reliability and/or appropriateness of all the data, information or material that it
will submit to MaxiProtect and/or the App, including Personal Information. In this regard, it is
understood that Maxicare and its service provider shall not be responsible or liable for the deletion,
correction, destruction, damage, loss or failure to store any of the User Data arising from availment
of MaxiProtect and/or use of the App. Maxicare and its service provider further reserve the right to
withhold, remove and/or discard User Data without need of notice whatsoever to the User or the
Member Representative in case of breach of any of the terms hereof, the Agreements, including non-
payment of the relevant fees/charges provided in the Agreements. Upon termination for cause, the
User’s right to access or use User Data submitted to MaxiProtect and the App immediately ceases,
and Maxicare and its service provider shall have no obligation to maintain or forward any User Data
to the User, except if otherwise provided under Data Privacy Laws.
3. Security Breach. When the User knows or reasonably suspects that an information security breach
has affected the User Data provided, User or the Member Representative shall promptly notify
Maxicare in any case within the later of twenty four (24) hours or one (1) calendar day following such
discovery and cooperate with Maxicare in any post-breach/incident investigation, notification
requirement, or remediation efforts. The notification shall, at the minimum, describe the nature of
the breach or incident, effects thereof, the User Data possibly involved, affected or compromised;
and the measures taken by the User to address the incident or remediate the breach. It shall also
include measures taken to reduce the harm or negative consequences of the breach or the security
incident.
User may contact Maxicare’s Data Privacy Officer thru the following contact details:
Data Protection Officer
Telephone no: (02) 8908-6989
Email address: dpo@maxicare.com.ph
F. Indemnification
1. Free and Harmless. The User, on his/her own behalf or on behalf of the Represented Member, shall
hold Maxicare, its service provider and their Representatives and Authorized Personnel free and
harmless from and against any and all suits or claims, actions, or proceedings, damages, costs and
expenses, including attorney’s fees, which may be filed, charged or adjudged against said entities and
persons in connection with or arising from the breach of these T&Cs by the User, Represented
Member or Member Representative, including any false statements, breach of warranties and
representations, as well as from any adverse effects and/or events arising out of the vaccine, including
the administration thereof, availed by the User through MaxiProtect or the App .
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2. Limitation of Liability. In no event shall Maxicare or its Representatives’ aggregate liability exceed
the amount actually paid by and/or due from the Sponsoring Entity, User or Represented Member
in the twelve (12) month period immediately preceding the event giving rise to such claim. In no
event shall Maxicare and its Representatives and/or their licensors be liable to anyone for any
indirect, punitive, special, exemplary or other damages of any type arising out of or in connection
with MaxiProctect, the App, including any of its features, functionalities, interfaces, services and
contents as well as the use or inability to use the App, or for any content obtained from or through
the App, any interruption, inaccuracy, error or omission, regardless of any cause, even if Maxicare
and its service provider or their licensors have been previously advised of the possibility of such
damages.
In no event shall Maxicare or its service provider be liable to the User for any special, indirect,
consequential, punitive or incidental damages, incurred by the User arising out of or relating to these
T&Cs, availment of services under MaxiProtect, and/or use of the App, regardless of whether any
such claim arises under or results from contract, negligence or fault.
3. The User, on his/her own behalf or on behalf of the Represented Member, shall indemnify, hold
harmless and defend Maxicare and its service provider from and against any and all losses, damages,
penalties, fines, charges, costs and expenses of whatever nature which Maxicare and/or its service
provider may at any time and from time to time sustain, incur or suffer by reason of any claim or
investigation arising out of or relating to (i) death or injury of any person from using the vaccine
subject of MaxiProtect, whether such claim or investigation is brought in respect of negligence, under
any applicable law or regulation, or otherwise; (ii) misuse, improper storage, or mishandling of the
such vaccines or negligence or willful fault/misconduct by the User, and/or breach of any of User’s
obligations under these T&Cs or other reasons not directly attributable to Maxicare or its service
provider.
G. Disclaimer of Warranties
1. Maxicare and its service provider make no representation, warranty or guarantee as to the reliability,
timeliness, quality, suitability, truth, availability, accuracy or completeness of MaxiProtect and the
App, and any of its features, functionalities, interfaces, and services, or the contents thereof, and
likewise make no representation or warranty on the following:
a. that the use of MaxiProtect and the App, or any of its features, functionalities, interfaces,
and services will be secured, timely, uninterrupted or error-free or shall operate in
combination with any other hardware, software, system or date;
b. MaxiProtect and the App, and any of its features, functionalities, interfaces, and services will
meet the User’s requirements or expectations;
c. any stored data will be accurate or reliable;
d. the quality of any products, services, information or other product or service purchased or
obtained by the User or the minor member through MaxiProtect and the App will meet User
or the minor member’s requirements or expectations;
e. errors or defects will be corrected; or
f. MaxiProtect and the App, and any of its features, functionalities, interfaces, and services, as
well as the platform, systems and servers that make MaxiProtect and the App are free of
viruses or other harmful components.
MaxiProtect and the App, or any of its features, functionalities, interfaces, and services, and all
contents are provided to the User strictly on an "as is" basis. All conditions, representations and
warranties, whether express or implied (such as but not limited to any implied warranties as to fitness
Form Template Control: Quality Management System/October 26, 2021/FO-QS-0.082/Rev.01
for any particular purpose, or non-infringement of third party rights), are hereby disclaimed by
Maxicare and by its service provider, and their licensors, if applicable, to the maximum extent
permitted by law.
2. Maxicare and its service provider shall not be liable for any loss or damage of whatever nature in
connection with the implementation of transactions covered by these T&Cs in the following
instances:
a. Disruption, failure or delay which are due to circumstances beyond the control of Maxicare
or its service provider, 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;
b. Loss or damage that User or the minor member may suffer due to theft or unauthorized use
of the User or the Minor member account’s passwords, personal information, data, or
violation of other security measures with or without the User or the minor member’s
account’s participation; and
c. Inaccurate, incomplete or delayed information received by the User or the minor member
due to disruption or failure of any communication facilities.
H. Renewal, Suspension, and Termination
1. Billing and renewal shall be governed by the terms and conditions set forth in the relevant
Agreements.
2. In addition to any other rights granted to Maxicare and its service provider herein, Maxicare and its
service provider reserve the right to suspend or terminate these T&Cs and the User’s access to
MaxiProtect and the App.
3. Maxicare and its service provider reserve the right to impose a reconnection fee in the event the
Sponsoring Entity or the User is suspended and/or subject to disciplinary procedures and thereafter
a request for access to MaxiProtect and the App is made. The User agrees and acknowledges that
Maxicare and its service provider shall have no obligation to retain User Data and that such User
Data may be irretrievably deleted if the User is delinquent.
4. These T&Cs shall commence once the User clicks the "accept" button of these T&Cs and shall
terminate based on the signed Agreements. After the termination of these T&Cs, access to the App
may still be made, however certain features, functionalities, interfaces, and services may be
unavailable. The User agrees and acknowledges that Maxicare and its service provider have no
obligation to retain the User Data, and may delete such User Data upon expiration or termination of
these T&Cs for whatever cause.
5. Any breach by the User or the minor member and/or unauthorized use of MaxiProtect and the App
shall be deemed by Maxicare and by its service provider as a material breach. In this regard, Maxicare
and its service provider, in their sole discretion, may terminate the use of MaxiProtect and the App
in view of any breach by the User and/or User’s failure to comply with these T&Cs or the relevant
contracts and Agreements. In addition, Maxicare and its service provider may terminate a free
account at any time at their sole discretion.
I. Notices
Maxicare and its service provider may give notice by any of the following means:
a. general notice in MaxiProtect and the App,
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b. electronic mail to User’s e-mail address as recorded in Maxicare’s and its service provider’s
account information,
c. by written communication sent by first-class mail or pre-paid post to the User’s address on record
in Maxicare and its service provider's account information, or
d. calls or SMS to User/ member as recorded in Maxicare’s and its service provider’s account
information.
J. Miscellaneous Provisions
1. Amendments. Maxicare reserves the right to modify these T&Cs or their policies relating to
MaxiProtect and the App at any time, effective upon posting of an updated version of the T&Cs. The
User shall be responsible for regularly reviewing these T&Cs and their amendments or modifications.
Continued use of the App or participation in or availment of MaxiProtect after any such changes shall
constitute the User’s and his/her account’s consent to such changes.
2. Attorney’s Fees and Cost of Litigation. In the event of any legal action or other proceeding brought to
enforce the Agreements and these T&Cs, Maxicare shall be entitled to reasonable attorney’s fees and
other costs incurred during that proceeding, in addition to any other relief to which it is entitled
under the Agreements or under the law. Maxicare shall be entitled to collect Two Hundred Thousand
Pesos (P200,000.00) as minimum damages, in addition to any other damages which it may be entitled
under the Agreements and under the law, and attorney's fees in the minimum amount of One
Hundred Thousand Pesos (P100,000.00) in the event that it shall be constrained to engage the
services of counsel to prosecute its claim.
3. Governing Law and Venue. These T&Cs shall be governed by the laws of the Republic of the
Philippines, without regard to the choice or conflicts of law provisions of any jurisdiction, and any
disputes, actions, claims or causes of action arising out of or in connection with these T&Cs, the
relevant contracts and Agreements or the MaxiProtect shall be subject to the jurisdiction of the
proper courts of Makati City, to the exclusion of other courts.
4. Unenforceable Provisions. If any provision of these T&Cs is held by a court of competent jurisdiction
to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect
the intentions of the invalid or unenforceable provision, with all other provisions remaining in full
force and effect.
5. Failure to Enforce. The failure of Maxicare and its service provider to enforce any right or provision
in these T&Cs shall not constitute a waiver of such right or provision unless acknowledged and
waived by Maxicare and its service provider in writing.
6. Relationship. No joint venture, partnership, employment, or agency relationship exists between
Maxicare and its service provider as a result of these T&Cs or use of the App by any User.
7. Complete Agreement. These T&Cs and the relevant contracts and Agreements comprise the entire
agreement between the User and Maxicare, and supersede all prior or contemporaneous
negotiations, discussions or agreements, whether written or oral, between them regarding the
subject matter contained herein.
I have read and fully understood these T&Cs and hereby agree to be governed by these T&Cs.
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User’s Name and Signature
