Terms and Conditions of Use for Users
Last updated: 14 April 2022
By signing-up for an account with the eZHealth Application (“eZHealth”), you agree that you have read and understood the following terms and conditions of use (“Terms”) and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE, REFRAIN FROM ANY FURTHER USE OF OR ACCESS TO eZHEALTH, AND DELETE eZHEALTH FROM YOUR DEVICE. These Terms are between you and Interpharma Solutions Philippines Inc., the owner of eZHealth (collectively “ISPI”, “we”, “us” and “our”).
ISPI may modify these Terms at any time by posting the revised Terms on the applicable distribution service platform (e.g., Google Play and Apple Appstore). You can determine when these Terms were last revised by referring to the “LAST UPDATED” date at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to eZHealth after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the above, any changes to these Terms will not apply to any dispute arising prior to the date of the revised Terms.
eZHEALTH IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF eZHEALTH AND RELIANCE ON ANY CONTENT CONTAINED IN eZHEALTH ARE VOLUNTARY AND ARE AT YOUR SOLE RISK.
ISPI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ISPI DOES NOT MAKE ANY GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY, OR USEFULNESS OF ANY PORTION OF eZHEALTH, INCLUDING THE CONTENT CONTAINED IN THE eZHEALTH, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY SERVICE PROVIDERS AND/OR THEIR PRODUCTS OR SERVICES OFFERED THROUGH eZHEALTH.
eZHEALTH IS NOT INTENDED TO DIAGNOSE, TREAT, PREVENT OR CURE ANY DISEASE OR CONDITION. ANY HEALTH OR MEDICAL ADVICE, RECOMMENDATIONS, AND SUGGESTIONS PROVIDED WITHIN eZHEALTH TO YOU ARE THE ADVICE, RECOMMENDATIONS, AND SUGGESTIONS NOT OF eZHEALTH BUT OF THE HEALTH CARE PROFESSIONAL THAT YOU CHOOSE TO CONSULT WITH USING eZHEALTH. FOR CLARITY, eZHEALTH ONLY ENABLES YOU TO CONNECT WITH HEALTH CARE PROFESSIONALS, LABORATORY AND DIAGNOSTIC FACILITIES, PHARMACIES AND OTHER THIRD-PARTY SERVICE PROVIDERS USING ITS TECHNOLOGY. eZHEALTH DOES NOT GIVE MEDICAL CARE OR SERVICES. MOREOVER, ISPI DOES NOT WARRANT OR REPRESENT THAT USING eZHEALTH SHALL BE SUFFICIENT TO FULFILL ANY LEGAL, REGULATORY, PROFESSIONAL OR ETHICAL STANDARD REQUIRED TO ESTABLISH A DOCTOR-PATIENT RELATIONSHIP.
eZHEALTH MAY ALSO BE USED TO AVAIL OF SERVICES FROM PROVIDERS OFFERING LIFE COACHING SERVICES. LIFE COACHES ARE NOT HEALTH CARE PROFESSIONALS AND THE INFORMATION THAT LIFE COACHES PROVIDE ARE NOT INTENDED IN ANY WAY FOR ANY DIAGNOSTIC, TREATMENT, OR MEDICAL PURPOSES. DO NOT DISMISS OR DISREGARD ANY MEDICAL ADVICE OR STOP ANY MEDICATION WITHOUT SPEAKING TO YOUR HEALTH CARE PROFESSIONAL. ALWAYS CONSULT YOUR DOCTOR OR ANY QUALIFIED HEALTH CARE PROFESSIONAL REGARDING ANY PSYCHOLOGICAL OR MENTAL ILLNESS OR DISORDER. ALL INFORMATION PROVIDED BY A LIFE COACH DOES NOT CONSTITUTE MEDICAL ADVICE AND DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. IF YOU NEED MEDICATION, TREATMENT, DIAGNOSIS, YOU SHOULD SEEK OUT THE ADVICE OF A HEALTH CARE PROFESSIONAL.
eZHEALTH IS NOT DESIGNED TO AID YOU IN CASE OF EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL THE APPLICABLE EMERGENCY NUMBER SO YOU CAN GET THE MOST IMMEDIATE ATTENTION AND CARE NECESSARY FOR THE MEDICAL EMERGENCY THAT YOU ARE EXPERIENCING. DO NOT RELY ON eZHEALTH AS A SUBSTITUTE FOR YOUR EMERGENCY MEDICAL NEEDS.
BEFORE YOU PROCEED, YOU AGREE THAT YOUR ACCESS TO AND USE OF eZHEALTH ARE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH YOUR USE OF eZHEALTH.
The following capitalized terms will have the following meanings whenever used in relation to eZHealth.
“Affiliate” of ISPI shall mean any entity that controls, is controlled by, or is under common control with ISPI. For the purposes of this definition, an entity shall be deemed to control another entity if it owns or controls directly or indirectly more than fifty percent (50%) of the voting equity or assets of the other entity (or other comparable ownership interest for an entity other than a corporation) or the right to appoint a majority of the directors of the other entity (or other comparable supervisory body for an entity other than a corporation);
“Anonymized Data” refers to your Data that are rendered anonymous in such a way that you, as the owner of the data or the person to which they relate, or any individual, as the owner of the data or the person to which they relate, is not or is no longer identifiable by ISPI or any other person.
“Data” refers to any data or information which you input or upload in eZHealth. This includes but is not limited to audio, video, images, in electronic form, or any other information including Personal Information that you input into eZHealth.
“Fee” means the price or fee, including professional fee and fee for using eZHealth, which is or may be charged to a User by the Provider for the Product availed through eZHealth and/or in connection with the availment of a Product through eZHealth.
“Health Care Professional” is a term interchangeably used with Doctors, Physicians, Dentists, Nurses or Pharmacists who passed the relevant licensure examination required by law for the practice of his/her profession and is considered as a member of the profession in good standing as certified by the Professional Regulation Commission and who has registered with eZHealth in order to provide medical services to Users through eZHealth.
“Intellectual Property Rights” means: (a) patents, trademarks, service marks, registered designs, applications for any of those rights, trade and business names (including internet domain names and e-mail address names), unregistered trademarks and service marks, copyrights, moral rights, database rights, codes, know-how, rights in designs and inventions; (b) rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph (a); and; (c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b).
“Laboratory and Diagnostic Facility Partners” means duly licensed facilities that offer medical or laboratory testing and imaging. and which have registered with eZHealth or have been accredited by ISPI to provide medical or laboratory testing and imaging services to Users.
“Minor” refers to individuals below the age of eighteen (18) years.
“Personal Information” means any information whether recorded in a material form or not, from which your identity or the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
“Pharmacy Partners” means duly licensed drug stores that dispense and sell prescription and over the counter drugs and other health care products and which have registered with eZHealth or have been accredited by ISPI to offer their products to Users through their own platform, website or store.
“Product” means any product or service of the Provider, including medical consultation services and electronic payment channels, offered or made available or that will be offered or will be made available to the Users through eZHealth.
“Provider” means any person who offers or makes available any Product to the Users through eZHealth and may include, to the extent that they offer, make available or provide any Product through eZHealth, ISPI, its Affiliates, Health Care Professionals, Laboratory and Diagnostic Facility Partners, Pharmacy Partners, provider of electronic payment channel, and any other persons engaged or allowed by ISPI to offer, make available or provide any Product through eZHealth.
“Third Party/ies” means any person or party other than you and ISPI. Examples: the Health Care Professionals, the Pharmacy Partners, and the Laboratory and Diagnostic Facility Partners you interact or communicate with and to whom you give your Data through eZHealth or otherwise are considered Third Parties.
“User” means the user of eZHealth, which may include you. This also includes any of the following: (i) the User’s spouse; (ii) the User’s direct ascendants or descendants; and (iii) any Minor registered by the User over whom the User exercises parental authority or legal guardianship.
Please note that all capitalized terms related to data privacy and used in these Terms which are not defined herein shall have the meanings ascribed to them under the Republic Act 10173, otherwise known as the Data Privacy Act of 2012, and its Implementing Rules and Regulations.
You agree to fully indemnify and keep ISPI, its Affiliates, and its officers, directors, employees, and agents harmless from and against any and all claims, actions, proceedings, damages, expenses, costs, and liabilities in relation to or arising out of (i) your access to or use of eZHealth, (ii) your access and use of any Third Party information made accessible to you within eZHealth, or (iii) your use and acceptance of or reliance on electronic prescriptions issued by Health Care Professionals using eZHealth, or (iv) your violation of the rights of any Third Party, or (v) your breach of any obligations or warranties in these Terms, or (vi) your violation of any applicable law or regulation.
YOU AGREE THAT OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND OTHER THAN THE CONCERNED PROVIDERS THAT PROVIDED YOU ANY PRODUCT THROUGH eZHEALTH, ISPI, ITS AFFILIATES, SUB-CONTRACTORS, LICENSORS, AND OTHER PROVIDERS SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU IN RELATION TO ANY SUCH PRODUCT THAT YOU AVAILED THROUGH THE USE OF eZHEALTH.
YOU AGREE THAT ISPI, ITS AFFILIATES, SUB-CONTRACTORS, LICENSORS, AND PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, HOWSOEVER ARISING, INCLUDING DAMAGES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH (i) ANY ACCESS, USE OR INABILITY TO ACCESS OR USE eZHEALTH; (ii) ANY SYSTEM, SERVER OR CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; (iii) ANY USE OF OR ACCESS TO ANY OTHER WEBSITE, PLATFORM, APPLICATION OR WEBPAGE ACCESSIBLE THROUGH eZHEALTH; OR (iv) ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL OBTAINED OR DOWNLOADED FROM eZHEALTH OR FROM ANY OTHER PARTY REFERRED BY eZHEALTH; OR (v) ANY RELATIONSHIP OR TRANSACTION ENTERED INTO BETWEEN YOU AND ANY PROVIDER OR THIRD PARTY EVEN IF ISPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ISPI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE eZHEALTH EXCEED THE FEES AND CHARGES RECEIVED BY ISPI FROM YOU. IF ISPI HAS NOT RECEIVED ANY PAYMENT FROM YOU, THEN ISPI’S TOTAL LIABILITY WILL BE LIMITED TO TWO THOUSAND FIVE HUNDRED PESOS (PHP2,500) ONLY.
INTELLECTUAL PROPERTY RIGHTS
Any logo, trade name, mark, copyrightable or copyrighted work or content appearing on eZHealth is the Intellectual Property Right of ISPI and/or its licensors. You understand and acknowledge that you do not acquire any ownership or any proprietary rights over such Intellectual Property Rights of ISPI and/or its licensors.
Except for your own Data, you may not use any of ISPI’s content outside of eZHealth without the prior written permission of ISPI. You may not create any derivative works based on eZHealth. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by ISPI or its licensors, except for the licenses and rights expressly granted in these Terms.
SHARING DATA WITH THIRD PARTIES
You have the option to refuse all or some browser cookies. You also have the option whether or not you would like to allow eZHealth to collect information through browser cookies by clicking “OPT-IN”. However, if you disable or refuse the cookies or tracking technologies, there are some functionalities of eZHealth that may not be accessible to you.
Subject to limitations provided by law, you agree and accept that ISPI may anonymize your Data and use, analyze, reproduce or otherwise utilize your Anonymized Data in its sole discretion. Moreover, ISPI may share your Anonymized Data with its Affiliates, subcontractors, service providers, and other Third Parties to use for data analytics to improve and enhance eZHealth for better usage, to generate relevant data about the interests and characteristics of Users, for promotions and marketing of Products, and for other similar purposes.
DATA PRIVACY AND SECURITY
We implement physical, administrative, and technical measures to secure your Data. However, while we strive to keep your Data safe, the security protection that we provide is not absolute. You acknowledge that security vulnerabilities may exist in eZHealth. You likewise recognize and acknowledge that eZHealth can only be accessed on an “on-line” basis (which includes, without limitation, by means of the Internet) and as such, we shall not be held responsible for your inability to receive or access eZHealth or for any other problems you encounter with the Internet. Moreover, you understand that ISPI does not guarantee that eZHealth shall be immune from unauthorized access, malfunctions, or any form of abuse and that by accessing eZHealth, you assume sole responsibility for such risks.
You are responsible for taking your own steps towards maintaining the confidentiality of any password or username assigned to you to access eZHealth. You are also responsible for all interaction with eZHealth that occurs with that password or username. You agree to immediately notify ISPI of any unauthorized use of your password or username and any breach of security relating to your account. ISPI will not be liable for any loss or damages resulting from the above.
FEES AND CHARGES
A Fee may be charged for your availment of a Product through eZHealth. For Products offered by ISPI, the Fees therefor are paid directly to ISPI through the payment gateway or method in eZHealth. A flat Fee is also charged by ISPI for each use of eZHealth for medical consultation with a Heath Care Professional. ISPI reserves the right at any time to adjust or modify such flat Fee for the use of eZHealth to reflect any increase in the cost of maintaining eZHealth. We will notify you in the event of any adjustment or modification of the flat Fee. Any modification in the flat Fee shall be applicable as soon as it is posted.
For Products offered by Providers other than ISPI, the Fees therefor are either paid directly to the relevant Providers or coursed through ISPI through the payment gateway or method in eZHealth, depending on the arrangements agreed between ISPI and such Providers. In either case, the payment of Fees is deemed made to the relevant Providers.
In some instances, a User may also need to pay a Fee for the use of electronic payment channels. In such case, the fee is paid to the Provider of the relevant electronic payment channels.
The Fees charged by the Providers may change from time to time and except for the flat Fee for the use of eZHealth for medical consultation and the Fees for Products offered by ISPI, ISPI has no control over such changes or adjustments. We will notify you through eZHealth in the event of any adjustment or modification of the Fees charged by the Providers.
The Fee for each Product availed through eZHealth, including applicable taxes and other applicable charges will be made known to you in eZHealth before you place your order or confirm your availment of a Product.
You accept that you shall pay the applicable Fee prior to the availment of a Product or your confirmation of such availment, unless a different payment arrangement is allowed by the relevant Provider. You are aware that the Fees are non-refundable unless otherwise expressly provided herein, required by applicable law or provided in ISPI’s Refund Policy.
Whenever modification or reversal of Fees or charges are applicable, we will need additional information from you. We will let you know and we shall respond to your queries accordingly.
SPECIFIC TERMS AND CONDITIONS FOR CERTAIN PRODUCTS
Certain Products may be subject to other terms and conditions for its availment and you will be informed of and your agreement or consent to such other terms and conditions will be obtained or required before you avail of such Products.
USAGE OF MINORS
eZHealth is not intended for use of Minors. You warrant that you are at least eighteen (18) years old.
ISPI does not knowingly collect Personal Information of or from Minors unless the same is needed for the Product for a Minor availed of by and with the consent of such Minor’s parent or guardian or unless the same is required by applicable law in connection with the Product to be used for a Minor. If you are a parent or guardian and you have become aware that a Minor used eZHealth without parental consent, please contact us at email@example.com. Upon verification of the report or if we confirm that any Minor used eZHealth without any parental or guardian consent, we will immediately delete the Minor’s Personal Information and other data.
You should not use eZHealth in any manner, that in ISPI’s discretion, attempts, involves, promotes, or encourages the following:
1. Infringement, violation, or risking infringement or violation of ISPI’s Intellectual Property Rights or that of any Third Party;
2. Depiction of animal cruelty;
3. Exploitation of Minors;
4. Depiction of any material which is pornographic, immoral, unlawful, abusive, libelous, obscene, violent, defamatory, or violative of any law, statute or regulation;
5. Transmission of harmful or malicious computer programs and/or distribution of any virus, malware, trojan, horse, worm, or any other content that is of a destructive or potentially destructive and invasive nature; and
6. Other analogous acts.
UPLOADING IMAGES, AUDIO, AND/OR VIDEOS OR ANY DATA
You warrant that you are the owner of the Data and as such owner, you own the unconditional and exclusive rights to upload, display, copy, use, produce and distribute the Data or if you are not the owner, you warrant that the owner has expressly authorized you and has given you all the rights necessary to upload the Data to eZHealth.
You warrant that the Data you upload is true, accurate, and complete to the best of your knowledge and you agree that ISPI has no responsibility or liability for the truth, accuracy, and completeness of the said Data.
SUSPENSION OR TERMINATION
If you violate any provision of these Terms, ISPI may suspend or terminate your account in eZHealth. ISPI also reserves the right to terminate or suspend your use of eZHealth (or any part thereof) at any time without having to give any reason.
By your use of eZHealth, no relationship of agency, joint venture, employee-employer, or franchiser-franchisee, and the like is intended or created between you and ISPI or any other party. Therefore, neither you nor ISPI has any right whatsoever to incur any liability, obligation, or responsibility on behalf of or binding the other party.
When an appointment between you and a Health Care Professional has been confirmed, the doctor-patient relationship between you and such Health Care Professional may commence.
We will use your feedback to improve our services and to address your needs better.
You acknowledge and recognize that we shall be free to use your feedback at our discretion and for whatever lawful purpose we elect with no credit to you.
If you have any questions, comments, or complaints regarding the services or products that you requested from any Provider, please let us know and we shall relay them to the relevant Provider. It is our priority to act on your questions, comments, or complaints.
You may not assign any rights or obligations arising from your use of eZHealth to any Third Party.
ISPI may assign its rights and duties hereunder to any Third Party at any time without consent from or notice to you.
GOVERNING LAW AND JURISDICTION; NOTICES
You agree that these Terms and your relationship with ISPI shall be construed in accordance with the laws of the Philippines. Any claim or dispute arising in connection with your use of eZHealth shall be brought exclusively in the courts of Makati City or Parañaque City. Any cause of action or claim you may have with respect to eZHealth must be commenced within one (1) year after the cause of action or claim arises and you shall be deemed to have waived the same if it is not commenced after the said period. If you access eZHealth from any location other than the Philippines, you accept full responsibility for compliance with all applicable local laws in the place where you access and use eZHealth. Notwithstanding any of the foregoing, you agree that ISPI shall still be allowed to apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction.
ISPI’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any of its provision or any of ISPI’s right. Neither the course of conduct between you and ISPI nor any trade practices shall act to modify these Terms.
Any notices required or permitted by these Terms must be in writing and in English and shall only be considered effective upon receipt when sent to:
INTERPHARMA SOLUTIONS PHILIPPINES INC.
Km 14, West Service Road, South Super Highway cor Edison Ave., Sun Valley, Parañaque City 1700, Philippines
ATTN: General Manager
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed to have been severed from these Terms and will not affect the validity and enforceability of the remaining provisions. These Terms, together with all policies referred to herein, are the entire agreement between you and ISPI relating to the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and ISPI relating to such subject matter.