By using KonsultaMD, you, the customer, unconditionally agree to these Terms and Conditions (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use KonsultaMD. This Agreement is between you and Global Telehealth Inc. (“GTI”).
GTI operates an Information and Communication Technology ("ICT") facility that will enable you to connect to licensed physicians ("Licensed Physicians") by using your mobile and landline phones (the "KonsultaMD ").
GTI is not engaged in the practice of medicine, whether by and through KonsultaMD and does not provide health care or medical services. No information provided by GTI constitutes the practice of medicine or any other medical profession. GTI does not recommend or endorse any specific tests, products, procedures or opinions of the Licensed Physicians. ALL HEALTH CARE AND MEDICAL SERVICES ARE PERFORMED ONLY BY LICENSED PHYSICIANS. THE LICENSED PHYSICIANS ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES PRESCRIBED TO YOU AND IN COMPLIANCE WITH ANY AND ALL REQUIREMENTS APPLICABLE TO HIS OR HER EXERCISE OF PROFESSION.
KonsultaMD is not for medical emergencies or urgent situations. If you have an emergency, please go to your nearest hospital and seek immediate assistance from medical emergency personnel. The services provided by Licensed Physicians are not intended to be a substitute or replacement for professional medical advice, diagnosis or treatment.
1. Age and Capacity.
You represent and warrant that you are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use KonsultaMD. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register or use KonsultaMD. If you are acting on behalf of your nominated member/s, you represent and warrant that you are authorized to act for and on behalf of and to bind such nominated member/s. You also warrant that you have fully informed each of the nominated members of these Terms and Conditions and that they have fully understood, consented, and accepted the same. Upon GTI’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your nominated member/s and (b) the consent and acceptance of this Agreement by the nominated member/s.
2. Registration, Personal Information, and Medical History.
3. Price and Payment.
You agree to timely pay all amounts due and owing pursuant to the plan for KonsultaMD that you subscribe to upon registration and for all other fees that may be charged in connection with your use of KonsultaMD. For Subscription Plans paid through Globe Telecom Inc. ("Globe"), you hereby authorize Globe to collect any and all amounts payable by you under your KonsultaMD subscription plan, for and on behalf of GTI. If your KonsultaMD subscription plan is prepaid, the amounts that you must pay will be deducted against your load. If your KonsultaMD subscription plan is postpaid, the amount payable will be reflected in Globe's monthly billing statement and paid by the due date indicated therein. For Subscription Plans paid using your credit card or any electronic payment facility, you hereby authorize your credit card company or the electronic payment facility provider to collect any and all amount payable by you under your KonsultaMD subscription plan.
4. Non-Commercial and Proper Use of KonsultaMD.
KonsultaMD is for your own personal and non-commercial use only. You may use KonsultaMD for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "Law"). GTI reserves the right to deny or suspend your access to KonsultaMD in the event of actual or potential misuse of KonsultaMD. You agree that you will not use KonsultaMD as a substitute or replacement for professional medical advice, diagnosis or treatment. You will not post or transmit a message under a false name, or use the network resources of KonsultaMD to impersonate another person or misrepresent an authorization to act on behalf of others or GTI. All messages transmitted via KonsultaMD should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use KonsultaMD or post or view comments. You shall not undermine the security or integrity of computing systems or networks of KonsultaMD, or those accessed through or with the product of GTI, and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses KonsultaMD. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Site or KonsultaMD. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of KonsultaMD. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting. You further agree that any information you provide or use on the Site, and your use of KonsultaMD will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or another proprietary, publicity, or privacy rights of any party, including such rights of said parties. GTI maintains the right to delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of Law, copyright, trademark or other intellectual property or ownership right of any other person.
5. Third-Party Advertisers.
GTI may allow third-party advertisers to advertise in the KonsultaMD Site. GTI does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. GTI does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that GTI is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. GTI is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that GTI is not liable or responsible for any claim or loss due to or attributable to third-party advertisers.
6. Limitations on Use and Disclaimer of Warranties.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. GTI PROVIDES KONSULTAMD ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. GTI MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT KONSULTAMD. TO THE EXTENT PERMITTED BY LAW, GTI DISCLAIMS IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. GTI DOES NOT GUARANTEE THAT KONSULTAMD OR ITS INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, ACCURATE, TIMELY, USEFUL, ADEQUATE, COMPLETE OR SUITABLE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, AND ANY SERVICE INTERRUPTION CAUSED BY GTI. GTI IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF DATA CARRIED OVER LOCAL OR INTERCHANGE TELECOMMUNICATION CARRIERS.
You understand and agree to assume the potential risks associated with the use of KonsultaMD, such as but not limited to the following:
(a) In some instances, the information you have provided may not be sufficient for the Licensed Physician to provide the appropriate medical information;
(b) Delays in assessment and advice could occur due to failure of the electronic systems;
(c) In some instances, your failure to provide accurate and/or complete medical records to the Licensed Physician may result in adverse drug reactions or allergic reactions or other judgment errors;
(d) You may expect the anticipated benefits from the use of the medical information or healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.
(e) Your Licensed Physician, in his or her sole discretion and professional judgment may determine that his/her medical information or healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her medical information or healthcare services to you through KonsultaMD.
(f) Temporary interruptions in service may occur in connection with the use of KonsultaMD.
You acknowledge and agree that GTI is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall GTI be responsible for electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur (regardless of the matter, media, material or form thereof), incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information (regardless of the matter, media, information or form thereof), technical failures of any kind, inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise. Nothing in KonsultaMD is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by GTI. Licensed Physicians are not employees of GTI and are directly responsible for the quality and appropriateness of the medical information and healthcare services they render directly to you. GTI disclaims all liabilities for the acts or omissions of any provider providing medical information or health care to customers of KonsultaMD. GTI makes no representation or warranty as to the content of any medical information or healthcare response from any Licensed Physician. You and the Licensed Physician are solely responsible for all information or communication exchanged during a medical consultation. GTI does not guarantee that a medical consultation through an ICT facility is the appropriate course of treatment for your particular health care problem or concern. GTI will take commercially reasonable precautions to protect against the failure of our equipment and software. You acknowledge and agree that, while GTI may perform regular back-ups of all data stored, GTI shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of the restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of KonsultaMD.
7. Limitation of Liability.
If you choose to use KonsultaMD, you must do so at your own risk. Under no circumstance will GTI be liable to you for, and you hereby knowingly and voluntarily release GTI from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of KonsultaMD, your inability to use KonsultaMD irrespective of the cause of that inability, any delay in or interruption of your use of KonsultaMD regardless of the cause of the delay or interruption, any corruption of any data that is transmitted by you to GTI via KonsultaMD, or transmitted by GTI to you by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to GTI in connection with KonsultaMD, or any other act, omission, matter or thing whatsoever having to do with KonsultaMD. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that GTI’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the amount of the last subscription price paid by you for one (1) month.
You agree to defend, indemnify, and hold harmless GTI from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of KonsultaMD, your subscription, your breach of this Agreement, the relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to GTI, any License Physician, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
9. Force Majeure.
GTI shall not be liable for any damage, claims, liabilities, losses, costs, and expenses arising out of the delay or interruption of its performance of any obligations due to any act of God, the act of governmental authority, the act of a public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond GTI's reasonable control.
10. Term and Termination.
Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to KonsultaMD. Any written notices or other communications to GTI will be addressed and sent to Global Telehealth Inc., 3/F Globe Telecom Plaza 2, Pioneer corner Madison Streets, Mandaluyong City 1550.
12. Relationship and No Thirty Party Rights.
This Agreement does not, in any case, create a doctor-patient relationship between you and GTI. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement on any person other than you and GTI.
13. Assignment and No Waiver.
You may not assign or transfer this Agreement. GTI may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder. Failure of any of the parties to insist in one or more instances on the strict performance of any of the covenants of this Agreement or to exercise any portion hereof contained, shall thereafter not be construed as abandonment or cancellation or waiver of such covenant or option by the party who failed to enforce the strict performance of the provisions of this Agreement. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives its rights under this Agreement.
14. Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
GTI may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on KonsultaMD's “Terms and Conditions” link on the Site (www.konsulta.md). If you continue to use KonsultaMD after GTI makes changes to the provisions of this Agreement, you are signifying your acceptance of the revised Agreement. You are responsible for checking these terms and conditions periodically for any changes.
If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any law, such provision to the extent possible shall be interpreted in such a manner to comply with such law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.
17. Governing Law and Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in the Philippines by a panel of three (3) arbitrators in accordance with the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary in connection with this Agreement, the parties may seek appropriate relief before the courts of Mandaluyong City to the exclusion of other venues