By using TopHealth Teleconsult service, the customer, unconditionally agrees to the Terms and Conditions of this Service under this Agreement. If you do not agree to this Agreement, please do not proceed with this Service. This Agreement is between the customer and TopHealth Medical Clinics, Inc (TMCI). TopHealth Teleconsult is performed only by licensed physicians. The medical services provided to you are in compliance with any and all requirements applicable to the physician in the exercise of his/her profession.
TopHealth Teleconsult is not for medical emergencies or urgent situations. If you have an emergency, please go to the nearest hospital in your area and seek immediate medical assistance. The services provided by the Licensed Physicians are not intended to substitute or replace a professional face to face medical consultation. You acknowledge that you understand, have read and accept all Terms and Conditions in this Agreement and those that are contained in the TOPHEALH MEDICAL CLINICS Data Privacy Policy, which shall form an integral part of this Agreement.
1. Legal Capacity. You represent and warrant that you are at least eighteen (18) years of age and have the capacity to enter into and be bound by this Agreement and to use TopHealth Teleconsult Service. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, please do not proceed with this Service. If you are acting on behalf of your dependent, you represent and warrant that you are authorized to act for and on behalf of, and to bind such dependent. You also warrant that you have fully informed the dependent you are representing and that he/she has fully understood, consented, and accepted these Terms and Conditions. Upon TMCI’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your dependent and (b) the consent and acceptance of this Agreement by him/her.
2. Ordering the Service, Personal Information and Medical History. You must submit an order through TopHealth Teleconsult registration form to use the Service. During the ordering process and the use of TopHealth Teleconsult, you will be required to provide certain personal information, including your name, address, phone number, and sensitive personal information such as, but not limited to, personal, medical or health information. It is your sole responsibility to update TMCI of changes to your Personal Data so that all your records are current, complete, and accurate and such changes shall form part of your personal information. By using TopHealth Teleconsult, you agree to disclose the contents of your personal information, including sensitive personal information, to the Licensed Physicians. TMCI’s retention and use of all personal information shall be subject to TMCI’s Data Privacy Terms posted on www.tophealth.ph. You warrant that you have read and understood TMCI’s Data Privacy Terms, and consent to the collection and processing of your personal information, as detailed therein, for access and use by the Licensed Physicians. If you are acting on behalf of your dependent, you warrant that you are authorized to act for and have obtained the consent from him/her to the collection and/or processing of his/her personal information prior to sharing any of their personal information with us. You also warrant that you have fully informed him/her and that he/she has fully understood, consented, and accepted the TMCI Data Privacy Terms. Access to and use of TopHealth Teleconsult is limited to customers living in the Philippines.
3. Price and Payment. Payment of TopHealth Teleconsult Service will be done in advance. The payment only includes the medical advice service. The telephone or internet service provider you use may charge you an additional cost for the call or the internet connection. In case, for whatever reason, the Service is finally not delivered, TMCI will return in full or partial the amount that was paid depending on the reason thereof.
4. 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 risks associated therewith. TMCI provides TopHealth Teleconsult on an "as is" and “as available” basis, without any warranty whatsoever, whether express or implied. TMCI makes no express warranties or guarantees about TopHealth Teleconsult. To the extent permitted by law, TMCI disclaims implied warranties, including any warranty that the Service is or will be of satisfactory quality, accurate, or timely. TMCI does not guarantee that TopHealth Teleconsult 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 TMCI. TMCI 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 TopHealth Teleconsult, 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 telecommunication and electronic systems;
c. In some instances, your failure to provide accurate and/or complete medical information to the Licensed Physician may result in adverse drug reactions or allergic reactions or other judgment errors;
d. Expectation of 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 or her healthcare services to you through TopHealth Teleconsult.
f. Temporary interruptions in service may occur in connection with use of TopHealth Teleconsult.
You acknowledge and agree that TMCI is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall TMCI 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 TopHealth Teleconsult 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 TMCI. The Licensed Physicians are not employees of TMCI and are directly responsible for the quality and appropriateness of the care they render directly to you. TMCI disclaims all liabilities for the acts or omissions of any provider providing health or medical care to customers of TopHealth Teleconsult. TMCI 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 TopHealth Teleconsult session. TMCI does not guarantee that a TopHealth Teleconsult session through phone call or video call is the appropriate course of treatment for your particular health care problem or concern. TMCI will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while TMCI may perform regular back-ups of all data stored, TMCI 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 TopHealth Teleconsult.
5. Limitation of Liability. If you choose to use TopHealth Teleconsult, you must do so at your own risk. Under no circumstance will TMCI be liable to you for, and you hereby knowingly and voluntarily release TMCI 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 TopHealth Teleconsult , your inability to use TopHealth Teleconsult irrespective of the cause of that inability, any delay in or interruption of your use of TopHealth Teleconsult regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to TMCI via TopHealth Teleconsult, or transmitted by TMCI 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 TMCI in connection with TopHealth Teleconsult, or any other act, omission, matter or thing whatsoever having to do with TopHealth Teleconsult.
6. Indemnification. You agree to defend, indemnify, and hold harmless TMCI 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 TopHealth Teleconsult, 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 TMCI, any Licensed 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.
7. Force Majeure. TMCI 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 TMCI's reasonable control.
8. Term and Termination. Once paid, you are allowed to use one-time TopHealth Teleconsult Service as indicated in this terms and conditions. Your breach of this Agreement, including non-payment of the Service, will result automatically in the immediate termination of this Agreement by TMCI, without prejudice to TMCI's available remedies under Law. TMCI reserves the right to terminate your use of TopHealth Teleconsult if you breach this Agreement or for any other reason in TMCI’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, TMCI’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.
9. 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 TopHealth Teleconsult. Any written notices or other communications to TMCI will be addressed and sent to TopHealth Medical Clinics, Inc. 2F SM San Lazaro, AH Lacson cor. Felix Huertas St., Sta. Cruz, Manila, Philippines.
10. Relationship and No Thirty Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and TMCI. 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 TMCI.
11. No Waiver. 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.
12. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
13. Changes to the Terms of Use. TMCI may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on TopHealth Teleconsult 's “Terms and Conditions” link on the Site (www.TopHealth.com.ph). If you continue to use TopHealth Teleconsult after TMCI 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.
14. 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.
15. 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 Manila City to the exclusion of other venues.
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