Terms & Condition

MVMC VIRTUALCARE TERMS AND CONDITIONS

I. THE APPLICATION AND SERVICES

MVMC VirtualCare (“Application”) is a tele-health online solution of Marikina Valley Medical Center Inc. (“MVMC”) that allows participating medical professionals (“Healthcare Provider”) to communicate with their clients and patients (“Patient”) to provide medical consultation services online and perform virtual house calls via a secure Internet connection (the “Services”). The Application is mainly meant to facilitate communication between you and the participating Healthcare Provider. Use of this Application does not create a relationship between you and MVMC.

The Services are not intended for use by Healthcare Providers and Patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider or the patient.

THE USE OF THESE SERVICES ARE NOT APPROPRIATE FOR EMERGENCIES AND

SHOULD NOT BE SUBSTITUTED FOR ACTUAL PHYSICAL CONSULTATIONS, DIAGONIS
AND/OR TREATMENT WITH YOUR HEALTHCARE PROVIDER. IF YOU THINK YOU HAVE A
MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED
ABOUT YOUR CARE, TREATMENT, YOUR HEALTH OR CONDTION, PLEASE GO TO THE
NEAREST OPEN CLINIC OR EMERGENCY ROOM. LIKEWISE, USE OF THIS APPLICATION
MAY REQUIRE YOU TO UNDERGO OR BE REFERRED TO TESTS THAT NEED YOUR
PHYSICAL PRESENCE IN THE APPROPRIATE MEDICAL FACILITY.

The medical advice provided to you by the Healthcare providers through the Services is based on the information you shared regarding your personal health and medical history at the time of consultation. The medical advice provided by your Healthcare Provider is not under the control of MVMC VirtualCare or MVMC, nor is it provided to or used by MVMC VirtualCare or MVMC.

II. General Provisions Regarding Use and Age Requirement

By using MVMC VirtualCare you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Application at any time or in any manner or submit any information to the MVMC VirtualCare or the Application. If you are acting on behalf of a third party, you warrant that you are authorized to on behalf of such party, and that both you and the third party understand and agree to these Terms.

III. Modifications

MVMC can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms without notice to you. By using this Application after MVMC has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Application.

MVMC may make changes to the Application or to the Services at any time, without notice. If you object to any changes to the Application or Services, your sole recourse will be to cease using them. Continued use of the Application or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Application and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

IV. Patient and Health Care Provider Responsibilities

If you are a Patient, you accept responsibility for yourself in the use of the Services and commit
to using it only for the intent it was originally made for. You acknowledge that your relationship for health care services is with your Healthcare Provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. You likewise acknowledge that your chose Healthcare Provider is subject to his or her own schedule, and may not be available during the times of your choosing. You are responsible to accommodate changes in the Healthcare Provider’s schedule, or differences in time zones, if any. By using the Service, you agree to not hold MVMC or MVMC VirtualCare liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.

In using this Application as a Patient, you consent to the sharing and processing of both your personal and sensitive, information, as well as medical history, such as; but not limited to, your name, age, address, marital status, travel history, and health. You likewise understand and agree that you have the responsibility to ensure that the personal and/or medical information you provide are current, complete and accurate. You warrant not to submit materials or information that are false, misleading, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property; or contains any virus, malicious code or software that may impair the use of this Application, and that of the devices of MVMC, your Healthcare Provider or third parties.

If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service, including the submission of materials to your Patient such as, but not limited to prescriptions, and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all National and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements. You are likewise responsible in employing professional discretion, adequately
disclosing to your Patient any material risks, and denying your services to your Patient if the use of the Application may endanger the health of the Patient. You warrant not to submit materials or information that are false, misleading, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property; or contains any virus, malicious code or software that may impair the use of this Application, and that of the devices of MVMC, your Patient or third parties. As a Healthcare Provider, you are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients. MVMC VirtualCare has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients.

V. Privacy

In the course or accessing and/or using the Application and the Services, we may obtain
information about you or you may be required to provide certain information to us, including materials pertaining to your health or medical condition. In agreeing to use the Application, you consent to the submission, processing and use of your information and data, regardless of character. All uses of your information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services and/or the Application, and/or if you register for an account, you are accepting the terms under our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Application and the Services.

VI. Disclaimer of Liabilities and Warranties

Your use of this Application is at your own risk. Materials and Submissions have not been verified or authenticated in whole or in part by MVMC, and they may include inaccuracies or typographical or other errors. MVMC does not warrant the accuracy of timeliness of the Materials or Submissions contained on this Application. MVMC has no liability for any errors or omissions in the Materials.

In using this Application, you understand that information may be transmitted online, and may be dependent on the Patient and Healthcare Provider’s internet connections. MVMC does not assume liability for the failure, corruption, delay, interruption of any data or information transmitted in connection with use of the Application. MVMC does not guarantee, represent or warrant that your use of this Application and the Services will be uninterrupted, timely, secure or error-free. In using this Application and the Service, you understand that such may be temporarily unavailable from time to time, particularly during periods of maintenance and for reasons outside the control and jurisdiction of MVMC.

You agree to indemnify and hold Marikina Valley Medical Center Inc. and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) or any other indemnified party suffers in relation to, arising from any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this application by any person using your user name and/or password violates any applicable law or regulation.

VII. Electronic Communications

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from MVMC. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Application and/or Services provided on or through the Application. These electronic communications are part of your relationship with MVMC VirtualCare. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You consent that it is your responsibility to update your contact information and to inform MVMC of any such change.

You agree to cooperate with MVMC and provide complete and accurate information if so
requested, to assist in investigating or determining whether a breach of these Terms has
occurred.

VIII. Payment

You are solely responsible for any and all fees and taxes incurred by you due to the use of this Application and/or the Services, or as a consequence thereof. You are solely responsible for providing current, complete and accurate billing and contact information, including any change thereto. You agree that non-payment of the relevant fees may result in interests and additional charges, and that your non-payment will violate these Terms, and consequently restrict your use or access to the Application and/or the Services. You agree and understand that MVMC is not under any obligation to refund any payment, once made, including erroneous charges made against your method of payment.

IX. Assignment

You may not assign or transfer your rights under these Terms. MVMC reserves the right ti freely transfer or assign any part of its rights under these Terms, and any of its rights and duties hereunder or thereunder.

X. Contact Us

If you have any questions about these Terms or otherwise need to contact MVMC for any reason, you can reach us at Marikina Valley Medical Center, Sumulong Highway, Sto. Nino, Marikina City with a copy to support@mvmc.com.ph or call us at 0998 5937 169 or 0917 8100 639. Should you have questions or concerns pertaining to your data privacy, you may contact the office of MVMC’s Data Protection Officer at 682-2222 local 739, or through dpo@mvmc.com.ph.

XI. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

XII. Governing Laws and Venue

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In agreeing to these Terms, you agree to submit to the jurisdiction of the courts of Marikina City, to the exclusion of all others.