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Terms and Conditions
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.
PREAMBLE
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:
ARTICLE I – DEFINITIONS
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)
ARTICLE II – ELIGIBILITY
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.
ARTICLE III – DATA PROCESSING
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.
ARTICLE IV – DISCLAIMER OF WARRANTIES
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).
ARTICLE V – WAIVER & INDEMNITY
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).
ARTICLE VI – INTELLECTUAL PROPERTY
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.
ARTICLE VII – EXPORT CONTROLS
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.
ARTICLE VIII – CONFIDENTIALITY
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.
ARTICLE IX – FORCE MAJEURE
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.
ARTICLE X – DISPUTE RESOLUTION
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.
ARTICLE XI – AMENDMENTS
11.1 Provider reserves the unilateral right to amend this Agreement at any time. 11.2 Continued use constitutes acceptance, regardless of notice.
ARTICLE XII – NOTICES
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.
ARTICLE XIII – SEVERABILITY
13.1 If any provision is declared invalid, the remainder shall continue in full force.
ARTICLE XIV – SURVIVAL
14.1 Provisions concerning data, indemnity, confidentiality, and governing law shall survive termination.
ARTICLE XV – ENTIRE AGREEMENT
15.1 This document, together with appendices and incorporated references, constitutes the entire agreement. 15.2 Any oral representations are void ab initio.
APPENDICES
Appendix A – Illustrative (Non-Exhaustive) List of Risks Disclaimed
- 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.
Appendix B – Glossary of Latin Phrases
- 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).
Appendix C – Sample Cross-Reference Clauses
- 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.
Appendix D – Governing Case Law (Illustrative)
- 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.
Appendix E – Boilerplate Waiver of Rights
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).
ACKNOWLEDGMENT
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.
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