IDOC TERMS AND CONDITIONS
This agreement is between you, the client, and Healthcare United Global Solutions (HUGS)
HUGS is a healthcare consultancy, management and medical services company who operates a telehealth service, known as iDoc, that will enable you to connect with licensed physician by using mobile phone and/or landline.
By using the telehealth service of iDoc, you unconditionally agree to these terms and conditions. You are not authorized to use the telehealth service-iDoc if you do not agree in the terms and conditions stipulated in this agreement
All Healthcare consultations and Medical Service are performed only by licensed physicians. The licensed physician are solely responsible for the medical services prescribed to you in compliance with any and all requirements applicable to exercise his or her profession. iDoc is also not for medical emergencies and urgent medical cases. If you have an emergency, please go to the nearest healthcare facility and seek immediate assistance from a medical practitioner. The services of iDoc and its physicians does not intend to substitute or replace medical advice, diagnosis or treatment.
This Agreement applies upon registration and enrollment through use of HUGS website and/or completion of the application form. You acknowledge that you understand, have read all terms and conditions in this agreement and those that are contained in the HUGS Data Privacy Policy, which shall function as 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 is capacitated to enter this binding contract and to use the iDoc TeleHealth Service. If you are under eighteen (18) years of age or otherwise incapacitated to enter into this agreement, you may not register to use iDoc. If you are acting on behalf of the member, you represent the warrant that you are authorized to act for and in behalf of the nominated member/s. You also warrant that you have fully informed the member and that they have fully understood the Terms and Conditions. Upon request, you will provide us with a written proof of your specific authorization to act on or behalf of your nominated member/s and or the consent of acceptance of this agreement by the nominated member.
2.Personal Data- Personal Information, Medical History and Registration. Upon registration and use of IDoc, you will be required to provide certain personal information (collectively known as “Personal Data”) which includes your name, address, contact numbers (personal information) and sensitive information such as, but not limited to, personal, medical or health information (“Medical History”). It is your sole responsibility to update HUGS changes in your persona
data so that your records are current, complete and accurate and such changes shall be part of your personal data. By using iDoc, you agree to disclose the contents of your Personal Data to the Licensed Physicians and accredited and authorized healthcare partners (Hi-Precision, Watson’s Pharmacy and Asian Eye Institute) and Electronic Healthcare Record providers (NeedStreetIndia) of iDoc and HUGS. HUGS’ retention, processing and use of all your Personal data shall be subject to HUGS Data Privacy Policy posted on its site. You warrant that you have read and understood HUGS’ Data Privacy Policy, and consent to the collection and processing of your Personal Data. If you are acting in behalf of your nominated members, you warrant that you are authorized to act for and have obtained the consent of your nominated member/s to the collection and/or processing of their personal information in accordance with the HUGS’ Data Privacy Policy posted in the site prior to sharing any of their personal information with us. You also warrant that you have fully informed each member and they have fully understood, consented and accepted HUGS’ Data Privacy Policy. Upon request, you will provide us with the written proof of authorization to act on behalf of the nominated member, and/or, the consent and acceptance of HUGS Data Privacy Policy by your nominated member/s.
By registering to use iDoc, you agree to receive information related to medical, health and wellness topics and receive preventive care messages containing medical, health and wellness related information and/or marketing promotions and notifications related to telehealth services. The information is for awareness and general educational and information only. In no case that the information should be considered or relied to as a substitute, replacement for medical advice, diagnosis or treatment. Neither it should be construed directly or indirectly as constituting the practice of medicine or any other profession or dispensing of health care or medical service by HUGS. HUGS make no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with iDoc at the Site or otherwise, assumes no responsibility for any consequences relating directly or indirectly to any action or inaction that you may take in connection with such information.
- Price and Payment- you agree to timely pay for the amount dues of subscription through our authorized and accredited resellers and partners.
4.Non-Commercial and Proper Use of iDoc. iDoc is for your own personal non-commercial use only. You may use iDoc for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively “Law”). HUGS reserves the right to deny or suspend your access to iDoc in the event of actual or potential misuse of iDoc. You agree that you will not use iDoc 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 iDoc to impersonate another person or misrepresent an authorization to act on behalf of others or HUGS. All messages transmitted via iDoc should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use iDoc, or post or view comments. You shall not undermine the security or integrity of computing systems or networks of iDoc, or those accessed through or with the product of HUGS and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses IDoc. 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 iDoc. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of iDoc. 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 IDoc 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 said parties. HUGS maintain 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.
- Third-Party Advertisers. HUGS may allow third-party advertisers to advertise in the Site in the course of iDoc. HUGS does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. HUGS does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that HUGS is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. HUGS is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that HUGS is not liable or responsible for any claim or loss due or attributable to third-party advertisers.
- 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. HUGS PROVIDES iDoc ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. HUGS MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT iDoc. TO THE EXTENT PERMITTED BY LAW, HUGS 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. HUGS DOES NOT GUARANTEE THAT iDoc 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 HUGS. HUGS 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 iDoc, 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, 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 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 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 iDoc.
(f) Temporary interruptions in service may occur in connection with use of iDoc.
You acknowledge and agree that HUGS is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall HUGS 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 iDoc 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 HUGS. The Licensed Physicians are not employees of HUGS and are directly responsible for the quality and appropriateness of the care they render directly to you. HUGS disclaims all liabilities for the acts or omissions of any provider providing health or medical care to customers of iDoc. HUGS makes no representation or warranty as to the content of any treatment response from any Licensed Physician. You and the Licensed Physician are solely responsible for all information or communication exchanged during a medical consultation. HUGS 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. HUGS will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while HUGS may perform regular back-ups of all data stored, HUGS 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 IDoc.
- Limitation of Liability. If you choose to use iDoc, you must do so at your own risk. Under no circumstance will HUGS be liable to you for, and you hereby knowingly and voluntarily release HUGS 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 iDoc, your inability to use iDoc irrespective of the cause of that inability, any delay in or interruption of your use of iDoc regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to HUGS via iDoc, or transmitted by HUGS 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 HUGS in connection with IDoc, or any other act, omission, matter or thing whatsoever having to do with IDoc. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that HUGS’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.
- Indemnification. You agree to defend, indemnify, and hold harmless HUGS 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 iDoc, 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 HUGS, 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.
- Force Majeure. HUGS 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 HUGS’s reasonable control.
- Term and Termination. You are allowed to use iDoc for the term of this Agreement as indicated in your iDoc subscription plan. Notwithstanding such term, your breach of this Agreement, including non-payment for iDoc, will result automatically in the immediate termination of this Agreement by HUGS, without prejudice to HUGS’s available remedies under Law. HUGS reserves the right to terminate your use of IDoc if you breach this Agreement or for any other reason in HUGS’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, HUGS’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.
- Notices. 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 iDoc. Any written notices or other communications to HUGS will be addressed and sent to 1405 Jollibee Plaza F. Ortigas Jr. Road, Ortigas Center Pasig City.
- Relationship and No Thirty Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and HUGS. 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 HUGS.
- Assignment and No Waiver. You may not assign or transfer this Agreement. HUGS 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.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
- Changes to the Terms of Use. HUGS may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on iDoc’s “Terms and Conditions” link on the Site (www.hugsph.com). If you continue to use iDoc after HUGS 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.
- 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.
- 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
I CERTIFY THAT I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND THAT ALL INFORMATION PROVIDED ON THE THIS FORM IS AUTHENTIC AS REQUISITE TO MY MEMBERSHIP FOR THE IDOC TELEHEALTH SERVICE.