By using FASTCARE M, you, the member, unconditionally agree to these Terms and Conditions (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use FASTCARE M. This Agreement is between you and Medicare Plus, Inc. (“MPI”).
MPI operates an Information and Communication Technology (“ICT”) facility that will enable you to connect to employees, specifically, authorized personnel of the Medical Department-Concierge (“Concierge”) by using your mobile phone (the “FASTCARE M”).
MPI is not engaged in the practice of medicine, whether by and through FASTCARE M and does not provide health care or medical services. No information provided by MPI constitutes the practice of medicine or any other medical profession. MPI does not recommend or endorse any specific tests, products, procedures, or opinions of the Medical Professionals. ALL HEALTH CARE AND MEDICAL SERVICES ARE PERFORMED ONLY BY LICENSED PHYSICIANS. THE LICENSED PHYSICIANS ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES PRESCRIBED TO YOU AND IN COMPLIANCE WITH ANY AND ALL REQUIREMENTS APPLICABLE TO HIS OR HER EXERCISE OF PROFESSION.
FASTCARE M 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 Licensed Physicians are not intended to be a substitute or replacement for professional medical advice, diagnosis or treatment.
- Age and Capacity
You represent and warrant that are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use FASTCARE M. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register or use FASTCARE M. If you are acting on behalf of the Member, you represent and warrant that you are authorized to act for and on behalf of and to bind such Member. You also warrant that you have fully informed each of the members of these Terms and Conditions and that they are fully understood, consented, and accepted the same. Upon MPI’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of the member and (b) the consent and acceptance of this Agreement by the member.
- Registration, Personal Information, and Medical History
- Non-Commercial and Proper Use of FASTCARE M
FASTCARE M is for the member’s own personal and non-commercial use only. You may use FASTCARE M for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively “Law”). MPI reserves the right to deny or suspend your access to FASTCARE M in the event of actual or potential misuse of FASTCARE M. You agree that you will not use FASTCARE M 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 FASTCARE M to impersonate another person or misrepresent an authorization to act on behalf of others or MPI. All messages transmitted via FASTCARE M should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use FASTCARE M or post or view comments. You shall not undermine the security or integrity of computing systems or networks of FASTCARE M, or those accessed through or with the product of MPI, and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses FASTCARE M. 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 FASTCARE M. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of FASTCARE M. 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 FASTCARE M will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or another proprietary, publicity, or privacy rights of any party, including such rights of said parties. MPI 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, copyright, trademark or other intellectual property or ownership right of any other person.
- Third-Party Advertisers
MPI may allow third-party advertisers to advertise in the FASTCARE M Site. MPI does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. MPI does not warrant or validate the promotions, communications or other materials of third-party advertisers. You agree that MPI is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. MPI is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that MPI is not liable or responsible for any claim or loss due to or attributable to third-party advertisers.
- 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. MPI PROVIDES FASTCARE M ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. MPI MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT FASTCARE MMD. TO THE EXTENT PERMITTED BY LAW, MPI 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. MPI DOES NOT GUARANTEE THAT FASTCARE M 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 MPI. MPI 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 FASTCARE M, such as but not limited to the following:
(a) In some instances, the information you have provided may not be sufficient for the Concierge to provide the appropriate information;
(b) Delays in assessment and advice could occur due to failure of the electronic systems;
(c) In some instances, your failure to provide accurate and/or complete information to the Concierge, that may result judgment errors;
(d) You may expect the anticipated benefits from the use of the information or advised healthcare services provided by the Concierge, but that no results can be guaranteed or assured.
(e) The Medical Concierge, in his or her sole discretion and professional judgment may determine that his/her information or advised healthcare services are not appropriate for some or all of your concerns and, accordingly, may elect not to provide his/her information or suggested healthcare services to you through FASTCARE M.
(f) Temporary interruptions in service may occur in connection with the use of FASTCARE M.
You acknowledge and agree that MPI is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall MPI 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 FASTCARE M 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 MPI. The Medical Concierge are employees of MPI and are directly responsible for the quality and appropriateness of the information and advised healthcare services that you seek.
MPI disclaims all liabilities for the acts or omissions of any provider providing information or suggested health care to members of FASTCARE M. MPI makes no representation or warranty as to the content of any information or suggested healthcare response from any authorized personnel. You and the authorized personnel are solely responsible for all information or communication exchanged during a consultation. MPI does not guarantee that a consultation through an ICT facility is the appropriate course of treatment for your particular health care problem or concern. MPI will take commercially reasonable precautions to protect against the failure of our equipment and software. You acknowledge and agree that, while MPI may perform regular back-ups of all data stored, MPI shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of the restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of FASTCARE M.
- Limitation of Liability
Accessing FASTCARE M must be in a responsible usage. Under no circumstance will MPI be liable to you for, and you hereby knowingly and voluntarily release MPI 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 accessing FASTCARE M, your inability to use FASTCARE M irrespective of the cause of that inability, any delay in or interruption of your use of FASTCARE M regardless of the cause of the delay or interruption, any corruption of any data that is transmitted by you to MPI via FASTCARE M, or transmitted by MPI 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 MPI in connection with FASTCARE M, or any other act, omission, matter or thing whatsoever having to do with FASTCARE M.
You agree to defend, indemnify, and hold harmless MPI 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 FASTCARE M, your access, your breach of this Agreement, the relationship with or any advice provided by any authorized personnel, the content or subject matter of or any information you provide to MPI, any authorized personnel, or Concierge, 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.
- Force Majeure
MPI 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, the act of governmental authority, the act of a public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond MPI’s reasonable control.
- Term and Termination
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 FASTCARE M. Any written notices or other communications to MPI will be addressed and sent to Medicare Plus, Inc., 4F2, 8101 Pearl Plaza, Pearl Drive, Ortigas Center, Brgy. San Antonio, Pasig City.
- Relationship and No Thirty Party Rights
This Agreement does not, in any case, create a doctor-patient or personnel-member relationship between you and MPI. 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 MPI.
- Assignment and No Waiver
You may not assign or transfer this Agreement. MPI may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder. Failure of any of the parties to insist in one or more instances on the strict performance of any of the covenants of this Agreement or to exercise any portion hereof contained, shall thereafter not be construed as abandonment or cancellation or waiver of such covenant or option by the party who failed to enforce the strict performance of the provisions of this Agreement. 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.
- Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
MPI may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on FASTCARE M’s “Terms and Conditions” link on the Site (www.medicareplusinc.com). If you continue to use/access FASTCARE M after MPI 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.
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.
- 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 Pasig City to the exclusion of other venues