MEDCHECK E-COMMERCE, INC. (“MedCheck”) owns and operates www.medcheck.com.ph (“Website”). MedCheck offers various online healthcare-related services (“MedCheck Services”) through the Website and the MedCheck mobile application (“Mobile App”).

1. AGREEMENT

These Terms of Service and the Privacy Policy (collectively, this “Agreement”) constitute an agreement between you and MedCheck. By entering into this Agreement, you represent, warrant and covenant that (i) you are duly licensed to practice medicine in the jurisdiction (the “Jurisdiction”) wherein which you render medical services, and (ii) in using the MedCheck software, you shall and render services to patients in a competent, professional and ethical manner and in accordance with prevailing standards of practice, and otherwise act in a manner consistent with all applicable professional and ethical requirements and standards established by applicable law or regulations of the Jurisdiction, By registering as a physician user (“Physician User”), you agree to be bound by the terms of this Agreement. If you do not agree with any part of this Agreement, do not enter into this Agreement, and register and use and/or provide the MedCheck Services. MedCheck may modify this Agreement for any reason and at any time. You will be informed of any changes in the terms of this Agreement. Your continued use of the Website Platform, the Mobile App and your use and/or provision of the MedCheck Services following such modifications signifies your consent to be bound by the modifications to this Agreement.

2. PRIVACY AND SECURITY

By inputting and storing the personal information of patients into the MedCheck software, you are engaging in the processing of data, as defined in Republic Act No. 10173, otherwise known as the Data Privacy Act, and you should comply with the said provisions of the law. You must ensure the confidentiality of the personal information of your patients whom you will process, in accordance with all applicable law and the confidentiality agreement entered into between yourself and MedCheck. You shall be responsible for the use of MedCheck and your provision of medical services through MedCheck.

3. MEMBERSHIP

You must be a licensed physician to register as a member and use and/or provide the MedCheck Services.

To register as a Physician User of MedCheck, you must provide your name, specialization, Professional Regulation Commission (PRC) license number, a valid email address, and contact number.

You can cancel your status as Physician User at any time by going to “Edit Account”, and under the “Your Profile” section, select “Cancel my account.”

4. LICENSE TO USE MEDCHECK SERVICES

As a registered member, MedCheck grants you a non-exclusive license to access and use the Website Platform, use the Mobile App, and use and/or provide MedCheck Services for the patients that register to obtain MedCheck Services from you.

5. SCOPE OF MEDCHECK SERVICES

The following MedCheck Services will be available to a registered member:

  1. Full use of the Website Platform and Mobile App to:
    1. Create, input, store, access, centralize, add to and process the medical records of your patients
    2. Be registered in the database of physicians and provide information about your background, specialties, schedules, and other information in your profiles, and allow patients to access such profiles;
    3. Schedule appointments with patients and be scheduled for appointments by patients registered on MedCheck; and
    4. Schedule appointments for diagnostic tests and procedures with Health Facilities and Healthcare Providers affiliated with MedCheck.

MedCheck reserves the right to modify the scope of MedCheck Services at any time. MedCheck shall inform users of such changes.Please note that none of MedCheck Services constitute the practice of medicine in any jurisdiction. None of the information that may be accessed in the MedCheck forum constitutes medical advice.

6. PATIENT MEDICAL RECORDS

MedCheck’s software provides a cloud-based, digital platform in which physicians and staff may encode the personal and medical information of their patients, and store such information for future access. Electronic medical records of patients may include the following:

  1. Name, age, civil status, citizenship, address, contact numbers, email address;
  2. Information about spouse and dependents;
  3. Information about the person designated as the contact person in case of emergency;
  4. Medical History which includes but is not limited to:
    1. Past and present illnesses;
    2. Past and present medications;
    3. Past and present medical procedures and surgeries;
    4. Past admissions to Health Facilities;
    5. Results of Laboratory Tests; and
    6. Schedules of appointments with healthcare service providers who are registered or affiliated with MedCheck.

The accuracy and completeness of the electronic medical records is wholly dependent on the information provided and input by physicians and staff. MedCheck is not responsible for ensuring the accuracy and completeness of the information provided by the physician and staff. Thus, MedCheck shall not have any responsibility should any information concerning patients or clients be inaccurate or missing.

7. RECOVERY OF PATIENT MEDICAL RECORDS

In the event of Termination of Services and the Agreement, MedCheck will assist you in retrieving your patient records in soft/digital form or hard/printed form, as needed.

8. CONFIDENTIALITY OF PERSONAL INFORMATION

MedCheck stores personal information about your patients that you may provide by using the Website Platform, Mobile App, and MedCheck Services. Personal information refers to any information from which your or your patients’ identities are apparent or can be reasonably and directly ascertained. Personal information includes but is not limited to name, address, email address, telephone number, and images. Personal information of patients and yourself will be stored in the MedCheck database, and will be kept strictly confidential, and will not be disclosed to any outside party.

9. AGGREGATION OF MEDICAL DATA

MedCheck collects, stores, and processes Medical Data that you may provide by using the Website Platform, Mobile App, and MedCheck Services. This is done in compliance with Data Privacy Laws, to the extent that such Medical Data constitutes Personal Information or Sensitive Personal Information. Such Medical Data may be aggregated in a non-identifiable manner, such that the aggregated data does not identify any individual and does not constitute Personal Data under Data Privacy Laws (“Aggregated Data”).

Medical Data information refers to information derived from consultations with your patients, which includes but is not limited to symptoms, test results, diagnoses, prescriptions, treatments, treatment compliance, and treatment results.

Physician Users may agree to contribute their Aggregate Data to MedCheck’s National and Regional Registry Database. The National and Regional registry shall only be used by MedCheck, its partners, affiliates, and clients for research purposes in a non-identifiable manner (exclusion of all patient and physician names, contacts, exact locations, or any other information that could be used to reasonably and directly ascertain the identity of the patient or physician).

Official contributors to MedCheck’s National and Regional Registry Database, will be provided exclusive access to data and analytics from MedCheck’s aggregated database.

10. SCHEDULING OF APPOINTMENTS

MedCheck offers a service for the scheduling of appointments with patients that you may avail. You may register for this service by providing your clinic hours and the time slots for which patients may avail of appointments. If you avail of this service, you agree to exert reasonable effort to meet such appointments. Should you need to cancel any appointment, you agree to provide notice as soon as possible to the patient whose appointment is cancelled.

11. INTERRUPTION OF SERVICE

Vendor shall ensure a guaranteed uptime of not less than 99%, which shall be calculated as follows:

On all 24x7 hrs x 365 days a year, the network shall be up and running. It is assumed that supplied platforms will be working 24 hrs round the clock for 365 days in a year and hence the total uptime works out to 365 x 24 = 8760 hours/annum. One percent (1.0%) downtime accordingly shall mean no more than 88 hours in a year. The network shall be maintained in such a manner that on no occasion the network shall be down for more than four (4) hours at a stretch and twelve (12) hours in a calendar month. Uptime shall be notwithstanding interruptions caused by third party utilities providers such as internet and electricity/power.

For whole and partial network downtime, both planned and unplanned, MedCheck shall notify you as early as possible.

Rest assured any downtime will not result in the loss of any data or potential security breach. Any such loss or breach will result in a violation of the Data Privacy Act (Republic Act No. 10703) and MedCheck shall be obligated to report and remedy such breach to you and the National Privacy Commission immediately.

MedCheck shall provide support services to remedy or cure any disruption caused by downtime, but shall not be liable for any damage arising from any termination of, or loss or interruption to the Website, Mobile App, or MedCheck Services, or any technical problems affecting your access to the Website, Mobile App, or MedCheck Services.

For immediate support, please call: (+63) 917 450 6743 or email [email protected]

12. USE OF THE WEBSITE, MOBILE APP, AND MEDCHECK SERVICES

You shall not use the Website, Mobile App, and MedCheck Services in any manner, or in connection with any activity, that is unlawful, fraudulent, illegal, or harmful. You agree to indemnify, defend, and hold harmless MedCheck, its directors, officers, employees, and agents, from and against all suits or claims that arise from or is related to your use, in any manner, of the Website, Mobile App, or MedCheck Services.

13. EXCLUSION FROM LIABILITY

To the fullest extent permitted by law, MedCheck shall not be liable for any direct, indirect, incidental, special, consequential, moral or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data or other intangible losses resulting from (but not limited to) the following:

  1. Cancellation of appointments booked through MedCheck;
  2. Termination of, or loss or interruption to the Website, Mobile App, or MedCheck Services, or any technical problems affecting your access to the Website, Mobile App, or MedCheck Services;
  3. Reliance on the information and use of services found in third party websites whose links were provided by the Website, Mobile App, or MedCheck Services;
  4. Inaccurate or incomplete information in the Medical Records of patients, or your failure to provide accurate and complete information regarding your patients; and
  5. Failure to update your account information.

14. TERMINATION OF AGREEMENT

Your membership and the effectivity of this Agreement begins on the date of your registration as a member.

You may cancel your account and terminate this Agreement by deactivating your account (see No. 3 above).

MedCheck reserves the right to cancel your membership and terminate this Agreement for reasons, which include but are not limited to the following:

  1. Providing false, fraudulent, or misleading information about yourself or any patient user, any of the physicians, Health Facilities, health providers, health products and health services affiliated with MedCheck; or MedCheck has reasonable grounds to believe that you have provided such information;
  2. Use of the Website, Mobile App, and MedCheck Services in any manner, or in connection with any activity, that is unlawful, fraudulent, illegal, or harmful; or
  3. Any violation of the terms of this Agreement.

15. DISPUTES

This Agreement shall be governed by the laws of the Republic of the Philippines. Any dispute arising from or relating to this Agreement shall be submitted to the jurisdiction of the courts in Makati City, to the exclusion of all other courts or tribunals.

16. SEVERABILITY

Should any portion of this Agreement be found to be illegal or unenforceable, that provision may be severed from this Agreement and the remaining provisions shall be given full force and effect.

17. NON-WAIVER

The failure of any party to insist upon a strict performance of any of the terms of this Agreement shall not be deemed a waiver of such terms nor shall it be construed as a condonation of any subsequent breach thereof, and such terms shall continue to be in full force and effect.

18. CONTACT INFORMATION

If you have any questions about the Website, Mobile App, MedCheck Services, and this Agreement, you can reach out to MedCheck at: [email protected] Telephone: (+63) 917 450 6743. Office Address: Citibank Center, 20/F, 8741 Paseo de Roxas, Makati, 1227