Service Terms and Conditions

The legal agreements set out below govern your use of the services of Medgate Philippines Holdings. (“MPH”). Upon proceeding with the services provided by MPH, you, the customer, unconditionally agrees to these Service Terms and Conditions (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use the services of MPH and should not use any of our services.

This Agreement is between you and MPH. MPH operates Medgate ("Medgate"), an Information and Communication Technology ("ICT") facility that will enable you to connect to duly licensed physicians ("Licensed Physicians") by using your mobile and landline phones. MPH is not engaged in the practice of medicine, whether by and through Medgate and does not provide health care or medical services. No information provided by MPH constitutes the practice of medicine or any other medical profession. MPH 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 THE LICENSED PHYSICIANS. THE LICENSED PHYSICIANS ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES TO YOU AND COMPLIANCE WITH ANY AND ALL REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION. Medgate 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 the Licensed Physicians are not intended to be a substitute or replacement for a "traditional in-person patient-physician" consultation, diagnosis or treatment. This Agreement applies to your use of MPH's website ("Website") and to your registration for, subscription to, and use of Medgate. You acknowledge that you have read, understood and accept all terms and conditions in this Agreement and those that are contained in the MPH Data Privacy Policy, which shall form an integral part of this Agreement..

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 Medgate. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register to use Medgate. If you are acting on behalf of member/s of your family or household, you represent and warrant that you are authorized to act for and on behalf of, and to bind such member/s of your family or household. You also warrant that you have fully informed each of the members of your family or household and that they have fully understood, consented accepted these Terms and Conditions. Upon MPH’s request, you will provide us with written proof of the consent and acceptance of this Agreement by the member/s of your family or household.

2. Registration. You must register to use Medgate. During registration and use of Medgate, you will be required to provide certain personally identifiable information, including your name, address, phone number (“Personal Information”) and personal, medical or health information (“Medical History”). It is your sole responsibility to update MPH of changes to your personal and/or medical information so that all your records are current, complete and accurate and such changes shall form part of your Personal Information and Medical History.

3. By using Medgate, you agree to disclose the contents of your Personal Information and Medical History to the Licensed Physicians and MPH Personnel. You consent to sharing your information among Licensed Physicians and MPH Personnel within Medgate so that the Licensed Physicians can better provide their own professional opinion. MPH’s retention and use of all Personal Information and Medical History shall be subject to MPH’s Data Privacy Policy posted on its Website. You warrant that you have read and understood MPH’s Data Privacy Policy, and consent to the collection and processing of your Personal Information and Medical History, as detailed therein, for access and use by the Licensed Physicians. If you are acting on behalf of the members of your family or household, you warrant that you are authorized to act for and have obtained the consent of the member/s of your family or household to the collection and/or processing of their personal information in accordance with the MPH Data Privacy Policy posted on the Site prior to sharing any of their personal information with us. You also warrant that you have fully informed each member of your family or household and that they have fully understood, consented and accepted the MPH Data Privacy Policy. Upon MPH’s request, you will provide us with written proof of the consent and acceptance of the MPH Data Privacy Policy by the member/s of your family or household. By registering to use Medgate, you agree to receive information regarding common medical and health related topics or preventive care messages containing medical and health related information. This information is for general educational and informational purposes only. In no case should such information be considered or relied upon as a substitute or replacement for medical advice, diagnosis and treatment. Neither should it be construed, directly or indirectly, as constituting the practice of medicine or any other profession, or dispensing of health care or medical service by MPH. MPH makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with Medgate at the Website or otherwise, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction that you may take in connection with such information. If you do not wish to receive such communications, you may opt-out at any time by contacting the Medgate hotline. Access to and use of Medgate is limited to customers in the Philippines.

4. Price and Payment. You warrant that you have availed of the use of services of Medgate through your Health Maintenance Organization. In the event that you failed to avail of the said services through your HMO, you must pay for the services of Medgate. You agree to timely pay all amounts due and owing for use of Medgate and for all other fees that may be billed in connection with your use of Medgate.

5. Non-Commercial and Proper Use of Medgate. Medgate is for your own personal non-commercial use only. You may use Medgate for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "Law"). MPH reserves the right to deny or suspend your access to Medgate in the event of actual or potential misuse of Medgate. You agree that you will not use Medgate 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 Medgate to impersonate another person or misrepresent authorization to act on behalf of others or MPH. All messages transmitted via Medgate should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use Medgate, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Medgate, or those accessed through or with the product of MPH, and must not attempt to gain unauthorized access. You may not harvest or collect Personal Information or Medical History about any other individual who uses Medgate. 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 Website or Medgate. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of Medgate. You will not use robots or scripts with the Website. 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 Website. 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 Website, and your use of Medgate will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. MPH 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, a copyright, trademark or other intellectual property or ownership right of any other person.

6. Third-Party Advertisers. MPH may allow third-party advertisers to advertise in the Website in the course of Medgate. MPH does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. MPH does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that MPH is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. MPH is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that MPH is not liable or responsible for any claim or loss due or attributable to third-party advertisers.

7. 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. MPH PROVIDES MEDGATE ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. MPH MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT MEDGATE. TO THE EXTENT PERMITTED BY LAW, MPH 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. MPH DOES NOT GUARANTEE THAT MEDGATE 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 MPH. MPH 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 Medgate, 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 advice;

(b) Delays in assessment and advice could occur due to failure of the electronic systems;

(c) In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;

(d) Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of your Personal Information and Medical History, in some instances, security protocols may fail and cause a breach of privacy and/or Personal Information and Medical History.

(e) You may expect the anticipated benefits from the use of healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.

(f) Your Licensed Physician, in his or her sole discretion and professional judgment, may determine that his/her healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her healthcare services to you through Medgate.

(g) Temporary interruptions in service may occur and that data may be lost or corrupted in connection with use of Medgate.

You acknowledge and agree that MPH is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof, 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 Medgate 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 MPH. The Licensed Physicians are not employees of MPH and are directly responsible for the quality and appropriateness of the care they render directly to you. MPH disclaims all liabilities for the acts or omissions of any Provider providing health or medical care to customers of Medgate. MPH makes no representation or warranty as to the content of any treatment response from any Licensed Physician. You and Licensed Physician are solely responsible for all information or communication during a medical consultation. MPH 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. MPH will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while MPH may perform regular back-ups of all data stored, MPH shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of Medgate.

8. Limitation of Liability. If you choose to use Medgate, you must do so at your own risk. Under no circumstance will MPH be liable to you for, and you hereby knowingly and voluntarily release MPH 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 Medgate, your inability to use Medgate irrespective of the cause of that inability, any delay in or interruption of your use of Medgate regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to MPH via Medgate, or transmitted by MPH 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 MPH in connection with Medgate, or any other act, omission, matter or thing whatsoever having to do with Medgate. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that MPH’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed PHP1,000,000.

9. Indemnification. You agree to defend, indemnify and hold harmless MPH 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 Medgate, your subscription, your breach of this Agreement, your relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to MPH, any Licensed Physician, or MPH Personnel, or any negligent or wrongful action or omission by you or any information posted on the Website, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

10. Force Majeure. MPH 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, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond MPH's reasonable control.

11. Term and Termination. You are allowed to use Medgate for the term of this Agreement as indicated by your HMO or direct subscription. Notwithstanding such term, your breach of this Agreement, including non-payment for Medgate, will result automatically in the immediate termination of this Agreement by MPH without need of a written notice, without prejudice to MPH's available remedies under Law. MPH reserves the right to terminate your use of Medgate if you breach this Agreement or for any other reason in MPH’s discretion. It is agreed and understood that prior resort to arbitration is not required for the above automatic and immediate termination of this Agreement. You waive any right to insist on prior resort to arbitration to the fullest extent allowed under applicable law. If you dispute or question such termination, you agree that pending determination of the validity or effectivity of the termination, MPH’s obligations under the Agreement, except those which are intended to survive the termination or expiration of the Agreement, shall be deemed suspended. You further understand that you will shoulder all costs of the proceedings, including attorney’s fees, should the termination be found to be proper. The provisions on Indemnification, Limitation of Liability and the Data Privacy Policy stated herein shall survive the termination of this Agreement.

12. Notices. Any written notices or other communications to you will be addressed and sent to your email address you provide MPH. Any written notices or other communications to MPH will be addressed and sent to Medgate Philippines Holdings., 7th Floor, Kings Court Tower 2, 2129 Chino Roces Ave corner Dela Rosa St Makati City 1200.

13. Relationship and No Third Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and MPH. 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 MPH.

14. Assignment and No Waiver. You may not assign or transfer this Agreement. MPH may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder.

15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.

16. Changes to the Terms of Use. MPH may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on Medgate's “Terms and Conditions” link on the Website. If you continue to use Medgate after MPH 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.

17. Separability. 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.

18. 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 Makati City to the exclusion of other venues.