This page contains the Terms and Conditions for the Medgate Shop.
By using Medgate Philippines, 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 Medgate Philippines. This Agreement is between you and Medgate Philippines. (“Medgate”). Medgate Philippines does not recommend or endorse any specific tests, products, procedures or opinions of the Licensed Physicians. ALL HEALTH CARE AND MEDICAL SERVICE 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 Philippines 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 is not intended to be a substitute or replacement for professional medical advice, diagnosis or treatment. This Agreement applies to your use of Medgate’s website (“Site”) and to your registration for, subscription to, and use of Medgate Philippines. You acknowledge that you understand, have read and accept all terms and conditions in this Agreement and those that are contained in the Medgate Philippines 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 Philippines. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register to use Medgate Philippines. 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 Medgate Philippines’ request, you will provide us with written proof of the consent and acceptance of this Agreement by the nominated member/s.
2. Registration, Personal Information and Medical History. You must register to use Medgate Philippines. During registration and use of Medgate Philippines, 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 Medgate Philippines 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. By using Medgate Philippines, you agree to disclose the contents of your Personal Information and Medical History to the Licensed Physicians. Medgate Philippines retention and use of all Personal Information and Medical History shall be subject to Medgate Philippines’ Data Privacy Policy posted on its Site. You warrant that you have read and understood Medgate Philippines’ 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 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 Medgate Philippines 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 nominated member and that they have fully understood, consented accepted the Medgate Philippines Data Privacy Policy. Upon Medgate Philippines’ request, you will provide us with written proof of the consent and acceptance of the Medgate Philippines Data Privacy Policy by your nominated member/s. By registering to use Medgate Philippines, 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 Medgate Philippines. Medgate Philippines makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with Medgate Philippines at the Site 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 Philippines hotline. Access to and use of Medgate Philippines is limited to customers in the Philippines.
3. Price and Payment. The Subscription Plan contains the subscription fees that you must pay when you register to use Medgate Philippines. You hereby authorize Medgate Philippines to collect any and all amounts payable by you under your Medgate Philippines plan.
4. Non-Commercial and Proper Use of Medgate Philippines. Medgate Philippines is for your own personal non-commercial use only. You may use Medgate Philippines for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively “Law”). Medgate Philippines reserves the right to deny or suspend your access to Medgate Philippines in the event of actual or potential misuse of Medgate Philippines. You agree that you will not use Medgate Philippines 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 Philippines to impersonate another person or misrepresent authorization to act on behalf of others or MEDGATE PHILIPPINES. All messages transmitted via Medgate Philippines 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 Philippines, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Medgate Philippines, or those accessed through or with the product of Medgate Philippines, 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 Philippines. 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 Medgate Philippines. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of Medgate Philippines. 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 Medgate Philippines 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. Medgate Philippines 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. Medgate Philippines may allow third-party advertisers to advertise in the Site in the course of Medgate Philippines. Medgate Philippines does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. Medgate Philippines does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that Medgate Philippines is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. Medgate Philippines is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that Medgate Philippines 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. MEDGATE PHILIPPINES PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. MEDGATE PHILIPPINES MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE EXTENT PERMITTED BY LAW, MEDGATE PHILIPPINES 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. MEDGATE PHILIPPINES DOES NOT GUARANTEE THAT THE SERVICE 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. MEDGATE PHILIPPINES 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 Philippines, 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 Philippines.
(g) Temporary interruptions in service may occur and that data may be lost or corrupted in connection with use of Medgate Philippines.
You acknowledge and agree that Medgate Philippines 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 Philippines 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 Medgate Philippines. The Licensed Physicians are not employees of Medgate Philippines and are directly responsible for the quality and appropriateness of the care they render directly to you. Medgate Philippines disclaims all liabilities for the acts or omissions of any Provider providing health or medical care to customers of Medgate Philippines. Medgate Philippines 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. Medgate Philippines does not guarantee that a telemedical consultation is the appropriate course of treatment for your particular health care problem or concern. Medgate Philippines will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while Medgate Philippines may perform regular back-ups of all data stored, Medgate Philippines 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 Philippines.
7. Limitation of Liability. If you choose to use Medgate Philippines, you must do so at your own risk. Under no circumstance will Medgate Philippines be liable to you for, and you hereby knowingly and voluntarily release Medgate Philippines 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 Philippines, your inability to use Medgate Philippines irrespective of the cause of that inability, any delay in or interruption of your use of Medgate Philippines regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to MEDGATE PHILIPPINES, or transmitted by Medgate Philippines 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 Medgate Philippines, or any other act, omission, matter or thing whatsoever having to do with Medgate Philippines. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that Medgate Philippines’ aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the last subscription price paid by you for twelve (12) months.
8. Indemnification. You agree to defend, indemnify and hold harmless Medgate Philippines 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 Philippines, 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 Medgate Philippines, 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. Medgate Philippines 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 Medgate Philippines’ reasonable control.
10. Term and Termination. You are allowed to use Medgate Philippines for the term of this Agreement as indicated in your Medgate Philippines subscription form. Notwithstanding such term, your breach of this Agreement, including non-payment for Medgate Philippines, will result automatically in the immediate termination of this Agreement by Medgate Philippines upon service of a written notice, without prejudice to Medgate Philippines’ available remedies under Law. Medgate Philippines reserves the right to terminate your use of Medgate Philippines if you breach this Agreement or for any other reason in Medgate Philippines’ 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, Medgate Philippines’ 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.
11. Notices. Any written notices or other communications to you will be addressed and sent to your email address indicated in your Medgate Philippines subscription form. Any written notices or other communications to Medgate Philippines will be addressed and sent to Medgate Philippines Level 7 Building 2 Kings Court 2129 Chino Roces Ave Legazpi Village Makati Manila 1200.
12. Relationships and No Third Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and Medgate Philippines. 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 Medgate Philippines.
13. Assignment and No Waiver. You may not assign or transfer this Agreement. Medgate Philippines 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.
15. Changes to the Terms of Use. Medgate Philippines may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on Medgate Philippines’s “Terms and Conditions” link on the Site. If you continue to use Medgate Philippines after Medgate Philippines 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.
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 Makati City to the exclusion of other venues.