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 to 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 and that they have fully understood, consented accepted these Terms and Conditions. Upon GTI’s request, you will provide us with written proof of the consent and acceptance of this Agreement by the nominated member/s.
3. Price and Payment. The Subscription Plan contains the subscription fees and special per minute call rates that you must pay when you register and use KonsultaMD. 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. You hereby authorize Globe Telecom Inc. ("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.
4. Non-Commercial and Proper Use of KonsultaMD. KonsultaMD is for your own personal 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 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 will not attempt to undermine the security or integrity of computing systems or networks of KonsultaMD, or those accessed through or with the product of GTI, 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 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 other proprietary, publicity, or privacy rights of any party, including such rights of third 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, a 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 Site in the course of KonsultaMD. 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 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 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 KonsultaMD.
(g) Temporary interruptions in service may occur and that data may be lost or corrupted in connection with 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, 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. The Licensed Physicians are not employees of GTI and are directly responsible for the quality and appropriateness of the care they render directly to you. GTI disclaims all liabilities for the acts or omissions of any Provider providing health or medical care to customers of KonsultaMD. GTI 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. 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 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 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 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 last subscription price paid by you for one (1) month.
8. Indemnification. 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, your 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, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond GTI's reasonable control.
11. Notices. Any written notices or other communications to you will be addressed and sent to your email address indicated in your KonsultaMD subscription form. 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.
14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
16. 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.
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
1. Policy. This Policy outlines the policy of Global Telehealth, Inc. (“GTI” or “We”) in relation to the collection, use, and protection of your Personal Information and Medical History (collectively, the "Customer Data").
When you signed up to be a Subscriber of konsultaMD, and for as long as you are a Subscriber, you consented and, until your subscription expires or is terminated, you continue to consent to our collecting, processing and using your Customer Data for the purpose of providing you with the products and services you have subscribed to or may want to subscribe to.
All throughout the term of your subscription to konsultaMD, you may at any time exercise your right to refuse access, processing, or use of your Personal Information, withdraw consent previously given to the access, processing or use of your Personal Information, or object to the same.
From time to time, we may update our Policy to reflect required changes or updates. When we do so, we will post the changes or updates in the Site for your information and reference. If the changes or updates involve your Customer Data requiring your consent, we will obtain your consent prior to posting these changes or updates.
Information provided to you via konsultaMD will be in clear and in plain language to ensure that this information is easy to understand and access.
2. Third Party. In order to fully comply with our obligations to our customers, we may outsource or contract the access to, processing and use of Customer Data to third parties, such as but not limited to, vendors, service providers, partners or other telecommunications operators. They may have access to Customer Data for a limited time under reasonable contractual and technical safeguards to limit their use of such information. We require them to protect Customer Data consistent with our Policy.
As far as our subscribers/ are concerned, GTI will be responsible for any breach, committed by these contracted third parties, of the Policy, of the Data Protection Act of 2012 [the “Act”] and its Implementing Rules and Regulations [the “IRRs”] or of other relevant laws.
3. Collection of Customer Data. As a Subscriber of konsultaMD, you give your express consent to our collecting and processing your Customer Data. This consent shall remain in effect until you withdraw consent to specific activities done on your behalf, or your subscription expires, or your subscription is terminated.
Your Customer Data, whether this be Personal Information or non-Personal Information.
(i)Personal Information is any information from which the identity of an individual may be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual, such as name, gender, date of birth, address, telephone/mobile number, email address and proof of identification. It also includes information about:
(a) medical and health information;
(b) the services provided to you, such as, call/SMS details, location information, and certain information about your rate plans and features, as required by law;
(c) the location of your device whenever it is switched on, if you subscribe to location-based services, subject to coverage limitations; and
(d) your use of our network, network performance experience, diagnostics, such as, signal strength, dropped calls, data failures, and other network performance issues to help us improve our network and quality of products and services, determine tailored content, and for other legitimate business purposes.
(e) personal data that is necessary and compatible with the declared, specified, and legitimate purpose provided for in the Agreement.
(ii) Non-Personal Information is any information that does not identify you on an individual basis; includes statistical and analytical data, and anonymous and aggregate reports.
We may also request you to update your Personal Information at the Site from time to time. Should you be unable to supply us with the Personal Information requested for, we may be unable to provide you with products and services you wish to subscribe to, updates on GTI’s latest offerings. You may also be unable to participate in our events, promotions or other activities.
4. Use of Customer Data. As a Subscriber of and until you terminate your subscription with konsultaMD, you continue to consent to our using your Customer Data as follows:
4.1. We use Customer Data to:
(i) Enable you to register with and subscribe to konsultaMD;
(ii) Avail of the services of the Licensed Physicians;
(iii) Provide you with your other subscribed products and services, including customer support;
(iv) Enhance your customer experience and identify tailored content to meet your preferences and needs;
(v) Communicate relevant services and/or advisories to you;
(vi) Abide by any safety, security, public service or legal requirements and processes; and
(vii) Process information for statistical, analytical research and other related purposes.
Only Customer Data necessary for the services which GTI offers and which you have subscribed to will be obtained from you and processed to enable you to avail of the services of the Licensed Physicians. Additional Customer Data may be required from you should you desire to avail of the other products and services offered.
4.2. We may use your Personal Information to the extent necessary to comply with the requirements of the law and legal process, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety or order.
4.3. We use your Non-Personal Information for statistical, analytical, and research purposes to create anonymous and aggregate reports.
We commit to process your Personal Information fairly and lawfully, in a manner that will be transparent to the Subscriber/Customer to allow you the option to know the nature and extent of processing.
We will seek your consent in case we will use or process your Customer Data for any purpose other than those listed under items #1 to #3, or if required by law or our Policy
You may avail of our broadcast messages relevant to you through written correspondence, text messaging, internet, or other similar means of communication. You may also change your mind at any time and opt out to stop receiving them.
5. Protection of Customer Data. We respect your privacy. We take paramount care in protecting your Customer Data. As such, we secure and protect your Customer Data with proper safeguards to ensure confidentiality and privacy; prevent loss, theft, or use for unauthorized purposes; and comply with the requirements of the law, specifically the Act and its IRRs.
As communications over the internet may not be secure, we take reasonable and appropriate security measures that use a variety of physical, electronic, and procedural safeguards to protect Customer Data. For example, we protect and keep your information submitted through our Site safe using a secured server behind a firewall, encryption, and other appropriate security controls. When you enter your information through our Site, we encrypt that information using Secure Sockets Layer (SSL) technology so that it cannot be read as the information travels over the internet. We regularly review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to our system and unauthorized alteration, disclosure, or destruction of information we are in possession of.
We only permit your Customer Data to be accessed or processed by our authorized personnel and who will have access to and hold such information under strict confidentiality. We restrict access to information to selected and qualified GTI employees, contractors, and agents, including the Licensed Physicians, who have a “need-to-know” in order to process this information, who are subject to strict contractual and technical safeguards and are accountable to the law, the Subscribers and to GTI if they fail to meet these obligations.
We keep our records as accurate as possible. If your Personal Information needs to be corrected or updated, and for as long as you are registered as our subscriber/customer, you may access your account details and correct your Personal Information by contacting the GTI Wellness Representative.
We keep your Personal Information in our records, as may be applicable, while you are a customer, or as long as it is necessary to fulfill the purpose for which it was collected, or while it is needed by us for business, tax, or legal purposes. Any disposing of Customer Data will be done with prior notification to you and with your consent, unless consent cannot be obtained despite repeated notices to you and/or your representative. Disposition of Personal Information shall be done in accordance with the law, in a secure manner that would prevent further processing, unauthorized access, or to ensure that disposed information is not accessible to the public.
Your Personal Information remains your property. We are not responsible for information, content, application, product or service that we do not own or provide. We will take all measures to fight spam, fraud or any unauthorized messages that may attempt to or do traverse our network.
Access to konultaMD by any subscriber/customer must not include photo or video voyeurism, including the publication or broadcast or transmission through our network of any sexual act or any similar activity, with or without the consent of the person involved, and under circumstances in which the person has a reasonable expectation of privacy. Such posting of, publication, broadcast, or transmission of material classified as illegal, immoral, pornographic is prohibited and is unlawful with corresponding penalties under the law.
Child pornography is prohibited and punishable by law and our network shall not be used in any manner for the storage, transmission, or dissemination of materials containing child pornography. We will report any instances of such activity that we become aware of to the proper authorities as required by law.
6.High-Level Privacy Principles
Purpose and Use. We will limit the access, collection, sharing, disclosure, and further use of your Customer Data to legitimate business purposes as outlined in this Policy or to otherwise meet legal obligations.
Data Minimization. We will collect, access, and use only the Personal Information necessary to meet legitimate business purposes as outlined in this Policy.
Respect User Rights. You will be provided with information about, and an easy means to exercise, your rights over the use of your Personal Information on our website at www.konsulta.md.
Security. Personal Information will be protected, using reasonable safeguards appropriate to the sensitivity of the information.
Accountability and Enforcement. All responsible persons will be accountable for ensuring that these principles are met. You have the right to lodge a complaint before the relevant government agencies, including the National Privacy Commission of the Philippines.
7. Contact Us
For any questions or concerns, you may contact our Privacy Officer as follows:
Email address: email@example.com
Hotline: (02) 798-8000