Effective Date: September 09, 2025

These Terms & Conditions (“Terms”) govern your use of BookaDerma Marketplace (the “Site”) and services (the “Services”). The Site is operated by Yagya Labs Inc. (“BookaDerma”, “we”, “us”, “our”). For customer help email support@bookaderma.com. By using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site. Regulatory notice (Philippines): operations are subject to RA 7394 (Consumer Act), RA 8792 (E-Commerce), RA 10173 (Data Privacy, NPC issuances), RA 9711 (FDA Act) and FDA/DOH circulars, and RA 8293 (IP Code).

1) Definitions

“Customer” or “you”: a buyer using the Site.

“Seller”: a licensed third-party pharmacy or merchant listing and selling products on the Site.

“Facilitation Services”: hosting listings, checkout, payment collection, order routing, logistics integrations, and support.

2) Platform Role; Seller of Record; Limited Agency

2.1 Platform only. BookaDerma provides a technology platform. Except where a listing expressly states BookaDerma is the Seller, the sales contract is between you and the applicable Seller.

2.2 Limited payment collection agent. BookaDerma may collect payments as the limited agent of Sellers. Receipt by BookaDerma is deemed receipt by the Seller.

2.3 No medical advice. Content on the Site is informational and not medical advice. Always consult a licensed healthcare professional.

3) Eligibility; Account Security

3.1 You must be at least 18 and legally capable to contract.

3.2 You are responsible for your credentials and all activity under your account. Notify us of suspected compromise via support@bookaderma.com.

3.3 We may refuse service, suspend, or terminate accounts for risk, fraud, non-payment, or legal non-compliance.

4) Orders; Acceptance; Cancellations

4.1 Your order is an offer; acceptance occurs when the Seller confirms and/or ships.

4.2 We or the Seller may cancel and refund for stock unavailability, listing/pricing errors, failed payment/verification, prescription issues, suspected fraud/abuse, regulatory concerns, or force majeure.

4.3 We may impose order caps, transaction/velocity limits, and reserves to manage risk.

5) Pricing; Fees; Payments; Set‑Off

5.1 Prices/promotions/availability may change without notice; errors may be corrected and affected orders cancelled/refunded.

5.2 By checking out you authorize charges for product price, taxes, shipping, and applicable fees; authorization holds may be placed.

5.3 We may set off, withhold, or delay refunds where fraud risk or chargeback investigations exist, to the extent permitted by law.

6) Prescription Products; Your Responsibilities

6.1 Rx items require a valid prescription from a duly licensed prescriber; Sellers verify and may reject/cancel orders. Uploading forged or altered prescriptions is prohibited and may be reported.

6.2 You must provide accurate patient information and accept that Sellers may request additional verification.

7) Shipping; Delivery; Risk of Loss

7.1 Delivery timelines are estimates; delays may occur.

7.2 Risk of loss passes upon delivery to the address you provide; title transfers at delivery unless law requires otherwise.

7.3 Temperature‑sensitive/perishable items may require attendance; if delivery fails due to your unavailability or bad address, redelivery fees may apply and spoiled items may be non‑refundable for safety reasons.

8) Cancellations, Returns & Refunds (Consumer Act)

8.1 Pre‑shipment cancellations are subject to Seller acceptance; post‑shipment cancellations may not be possible.

8.2 For health/safety, returns are generally not accepted for opened/used pharmaceuticals or temperature‑sensitive goods—except as required by RA 7394 or for defective, damaged, or wrongly delivered items.

8.3 Follow the Returns & Refunds Policy for eligibility, windows, and steps. Refunds go to the original payment method after inspection/approval; timing depends on payment providers/banks.

9) Prohibited Conduct

Misuse of prescriptions or unlawful acquisition of restricted products; site interference/scraping/malware; fraud/chargeback abuse; unlawful, misleading, defamatory, obscene, or infringing content; fee/logistics circumvention.

10) Privacy

Personal data is processed per our Privacy Policy. Sellers receiving your data act as independent controllers/processors and must use it only for fulfillment/support with appropriate security.

11) Intellectual Property; Third‑Party Content

11.1 The Site and its content are owned by us or our licensors. No rights are granted except as expressly set out.

11.2 Third‑party listings/reviews are posted by Sellers/users, and BookaDerma is not responsible for their accuracy.

12) Warranties; Disclaimers

12.1 EXCEPT AS REQUIRED BY LAW OR EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS/AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

12.2 For third‑party products, BookaDerma is not the manufacturer and (except for our own listings) is not the Seller; warranties (if any) are from the Seller/manufacturer.

12.3 To the fullest extent permitted, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKADERMA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, GOODWILL, DATA, OR OTHER INTANGIBLES. OUR AGGREGATE LIABILITY TO ANY CUSTOMER SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT; OR (B) USD 100 (OR PHP EQUIVALENT). This does not exclude liability that cannot be limited under Philippine law.

14) Indemnity

You will indemnify and hold harmless BookaDerma, its affiliates, and their officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms or law; (b) your misuse of the Services; (c) your content; or (d) any claim related to your negligence or willful misconduct.

15) Compliance; Sanctions; AML/CFT

You represent you are not subject to sanctions and will comply with anti‑bribery/anti‑corruption and AML/CFT laws. We may conduct KYC and transaction monitoring and may suspend/terminate service or withhold refunds where risk is suspected or required by law.

16) Force Majeure

Neither party is liable for delay or failure due to events beyond reasonable control (e.g., natural disasters, epidemics, regulatory actions, power/telecom outages, logistics disruptions), provided reasonable mitigation.

17) Changes; Assignment; Survival

17.1 We may modify the Services or these Terms; changes become effective upon posting with a new effective date; material changes will be sign‑posted.

17.2 You may not assign these Terms without our written consent; we may assign in a merger/asset sale.

17.3 Sections concerning privacy, IP, payments, limitation of liability, indemnity, governing law, and dispute resolution survive termination.

18) Electronic Records; Notices (RA 8792)

You consent to receive notices electronically (email, in‑app). Notices to BookaDerma should be sent to support@bookaderma.com (support) or privacy@bookaderma.com (privacy/DPO). Electronic records satisfy writing/signature requirements under RA 8792.

19) Governing Law; Venue; Dispute Resolution

These Terms are governed by Philippine law. Disputes not resolved amicably within 30 days shall be submitted to the exclusive jurisdiction of the proper courts of Makati City, Philippines. To the extent permitted by law, the parties waive any right to participate in representative or consolidated actions.

20) Miscellaneous

Entire Agreement; Severability; No Waiver; Interpretation. If any provision is invalid, the remainder remains effective. Failure to enforce is not a waiver. If these Terms are translated, the English version controls in case of conflict.