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IMPORTANT NOTICE
ACCESS TO AND USE OF THE TELEMEDICINE PLATFORM KNOWN AS “MYDOCPH” (HEREINAFTER, THE “SERVICE”) IS EXPRESSLY CONDITIONED UPON THE USER’S UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT.
FAILURE TO ACCEPT SHALL RENDER ACCESS UNAUTHORIZED, UNLAWFUL, AND VOID AB INITIO.
NOTE: Telemedicine consults are subject to DOH guidelines. First-time consultations and emergencies may require in-person evaluation for safety.
WHEREAS, MyDocPH (hereinafter, “Provider”) operates a digital telemedicine service (hereinafter, the “Service”); and
WHEREAS, the individual user (hereinafter, the “User”) desires to avail thereof; and
NOW, THEREFORE, in consideration of the premises, mutual covenants, and other valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows:
1.1 “Agreement” shall mean this document together with all schedules, appendices, riders, annexes, and exhibits hereto.
1.2 “Affiliate” shall include, without limitation, any entity that controls, is controlled by, or is under common control with MyDocPH.
1.3 “Force Majeure” shall mean any event described in Article IX.
1.4 “Confidential Information” shall mean all information exchanged, whether or not designated as confidential, including medical, personal, technical, financial, or otherwise.
(See also Appendix B: Expanded Glossary of Legal Maxims)
2.1 Free consultations (as defined in Article I, Sec. 1.3) are strictly limited to verified PhilHealth Konsulta/Yakap enrollees.
2.2 Any individual who misrepresents eligibility shall indemnify Provider pursuant to Article V.
2A.1 The Service provides medical consultations via telemedicine, which uses video, audio, chat, or electronic communications.
2A.2 By using telemedicine, the User acknowledges that the physician cannot perform a physical examination, which may limit the accuracy of diagnosis or treatment.
2A.3 First-time consultations may proceed via telemedicine only if the User's condition is low-risk and does not require in-person evaluation. For urgent, high-risk, or emergency conditions, the physician will advise the User to seek the nearest in-person medical facility.
2A.4 The User consents to the collection, processing, and storage of personal and medical data according to RA 10173 (Data Privacy Act of 2012).
2A.5 Telemedicine consults may be recorded or documented electronically only with the User's explicit consent.
2A.6 Electronic documents (e-prescriptions, referrals, consultation summaries) issued during telemedicine sessions are valid and legally equivalent to physical copies.
2A.7 The User may withdraw consent at any time, but withdrawal may limit the ability to continue telemedicine services.
3.1 Consent is deemed irrevocably granted upon registration.
3.2 Data shall be retained indefinitely, subject to statutory minimums under RA 10173.
3.3 Provider may transfer data cross-border, including to jurisdictions lacking “adequate safeguards.”
3.4 User waives habeas data remedies insofar as permissible under Philippine law.
4.1 The Service is provided as is, as available, with all faults.
4.2 Provider expressly disclaims:
(a) any duty of care;
(b) implied warranties of merchantability or fitness;
(c) any liability for consequential damages.
4.3 Any reliance upon advice given constitutes volenti non fit injuria (to one who consents, no harm is done).
5.1 User irrevocably waives all claims, known or unknown, against Provider.
5.2 User shall defend, indemnify, and hold harmless Provider from all claims, including attorneys’ fees and costs.
5.3 This Article shall survive termination (see Article XIV).
6.1 All text, graphics, logos, code, databases, and related materials are proprietary to Provider.
6.2 Unauthorized reproduction, distribution, or reverse engineering shall constitute infringement.
6.3 Remedies may include injunctive relief, damages, and equitable orders ex parte.
7.1 User represents and warrants that they are not located in a jurisdiction subject to sanctions under Republic Act 11479, U.S. OFAC lists, or equivalent restrictions.
7.2 The Service may not be exported, re-exported, or otherwise transferred except as permitted under applicable law.
8.1 User shall treat all information exchanged as strictly confidential.
8.2 Breach shall entitle Provider to liquidated damages in an amount not less than ₱1,000,000.00, without prejudice to other remedies.
9.1 Provider shall not be liable for delay or failure caused by acts of God, fire, flood, epidemic, pandemic, earthquake, war, terrorism, embargo, civil unrest, strike, outage, or other causes beyond reasonable control.
9.2 Obligations suspended under this Article shall resume when conditions permit.
10.1 Any dispute shall be resolved exclusively by binding arbitration under the Philippine Dispute Resolution Center, Inc. (PDRCI).
10.2 Venue shall be Cagayan de Oro City, Philippines; language shall be English.
10.3 Arbitral award shall be final, binding, and enforceable worldwide pursuant to the New York Convention.
10.4 User waives right to jury trial, class action, or representative suit.
11.1 Provider reserves the unilateral right to amend this Agreement at any time.
11.2 Continued use constitutes acceptance, regardless of notice.
12.1 Notices shall be deemed given when posted publicly on the Service, notwithstanding lack of personal delivery.
12.2 Electronic notice shall suffice under the E-Commerce Act of 2000.
13.1 If any provision is declared invalid, the remainder shall continue in full force.
14.1 Provisions concerning data, indemnity, confidentiality, and governing law shall survive termination.
15.1 This document, together with appendices and incorporated references, constitutes the entire agreement.
15.2 Any oral representations are void ab initio.
- Misdiagnosis, underdiagnosis, or overdiagnosis.
- Emotional distress, anxiety, or panic.
- Financial loss due to reliance on consultation.
- Cross-border transmission of personal data.
- Outages due to satellite malfunction, submarine cable damage, or cyber-attack.
- Limitations of telemedicine, including inability to perform physical examination.
- First-time consultations may be limited to non-urgent, low-risk cases.
- Physician may advise in-person evaluation for safety, urgent, or high-risk conditions.
- Telemedicine outcomes depend on the accuracy of information provided by the User.
- Electronic documents and e-prescriptions are legally valid, but subject to technical or connectivity limitations.
- Volenti non fit injuria – One who consents cannot claim injury.
- Contra proferentem – Ambiguities construed against the drafter (hereby waived by User).
- Pacta sunt servanda – Agreements must be kept.
- Rebus sic stantibus – Clauses are binding unless fundamental change occurs (hereby excluded).
- See Article V, Sec. 5.3 (Survival of Indemnity).
- Cross-apply Article IX to Article IV (Force Majeure as additional warranty disclaimer).
- Incorporate Appendix A by reference into Article IV.
- Ang Tibay v. CIR (G.R. No. 46496, 1940) – due process standards.
- Uy v. CA (G.R. No. 119000, 1997) – waiver validity.
- Philippine Airlines v. NLRC (G.R. No. 120567, 1998) – force majeure defined.
User waives rights under, inter alia, the Civil Code of the Philippines, Rules of Court, Consumer Act (RA 7394), and other statutes, except those rights which by law cannot be waived (and only to the minimal extent required).
BY ACCESSING THE SERVICE, USER DECLARES THEY HAVE REVIEWED THIS DOCUMENT IN ITS ENTIRETY (INCLUDING APPENDICES A–E), UNDERSTANDS ITS MEANING, AND ACCEPTS ITS BINDING LEGAL FORCE.