Set Up a Telemed Program for Your Clinic
Create your Doctor profile. Already have an account? Login here
TERMS AND CONDITIONS OF USE:
E-conomy, Inc. doing business under the names and styles of “MyHospital”, “MyDoctor”, “MyLab”, and “MyPharmacy” is a private corporate entity duly licensed to operate an internet-based telehealth and telemedicine services portal known as “MyHospital” that is designed to offer virtual clinic and other value added services including the capacity to arrange and coordinate the general health queries of the portal’s users with duly licensed and skilled user PHYSICIANs who in turn have the requisite expertise to answer and/or diagnose user patient medical queries and dispense prescription drugs and medicines, laboratory requests, and first aid advice through partner laboratories, diagnostic clinics, hospitals and pharmacies.
MyHospital has the capability to arrange, organize, and coordinate patient assignment and appointments, collection and storage of patient records, notes, billing, queuing, messaging, diagnostic, telehealth, telemedicine, and other value added and customized services (“Services”, for brevity) all of which are designed to provide the PHYSICIAN a virtual clinic set-up accessible through the MyHospital internet portal that is efficient, orderly, and safe.
MyHospital is neither engaged in the practice of medicine nor is it a provider of health care and/or medical services.
The PHYSICIAN is a duly qualified and duly licensed medical practitioner in good standing in the Philippines and represents that he is not the subject of any current professional disciplinary, investigative, administrative or legal proceeding under Philippine Law, Philippine Regulatory Commission, Philippine Medical Association, other umbrella organizations of PHYSICIANs, specialty, sub-specialty boards and societies.
The PHYSICIAN has agreed to avail the services offered by MyHospital and MyHospital has agreed to provide its services to the PHYSICIAN.
By using the MyHospital portal, the PHYSICIAN agrees to these terms and conditions which shall constitute as his Agreement with MyHospital, to wit:
1. MYHOSPITAL’S OBLIGATIONS AND REPRESENTATIONS
- MyHospital shall provide the PHYSICIAN access to its internet portal as well as to the services available therein depending on the plan acquired by the latter. The various plans, its inclusions and prices, are as provided in this portal.
MyHospital shall provide and utilize existing and commercially available internet connectivity service for both fixed broadband and mobile internet capability to allow the PHYSICIAN access to the former’s internet portal at any given time with the exceptions of:
- scheduled offline periods for maintenance activities with proper notice given at least forty-eight (48) hours before the scheduled offline period; and
- causes beyond the control of the MyHospital such as but not limited to internet service provider failure and/or delay, fortuitous events such as “acts of god” including natural occurrences, floods, typhoons, storms, earthquakes or other cataclysmic events, and/or “acts of man” including riots, strikes, wars, civil unrest, governmental prohibitions, quarantines, robbery, theft and the like.
- MyHospital shall provide the PHYSICIAN sufficient access to its partner laboratories, diagnostic clinics, hospitals and pharmacies that are necessary for his response to and diagnosis of MyHospital USERs’ general health and medical queries.
- MyHospital shall strictly comply with the confidentiality provisions of this Agreement as stated in paragraph 4 hereof.
PHYSICIAN’S OBLIGATIONS AND REPRESENTATIONS
- The PHYSICIAN shall maintain a VALID USER ACCOUNT at all times in order to avail the services offered by MyHospital and to enable him to perform his obligations to MyHospital and its patient USERs. For purposes of this provision, a “Valid User Account” shall mean a plan chosen by the PHYSICIAN sufficient to cover the actual cost of his required service(s). Furthermore, in order to maintain a “valid user account”, the PHYSICIAN must remit his payment to MyHospital, through the various commercial payment portals as indicated herein, for the services he will avail based on the cost of his desired plan.
- In the event the PHYSICIAN’s response to and diagnosis of MyHospital patient USERs’ general health and medical queries, as well as the rendition of complete medical care and treatment, will require more than the services provided in his existing plan, the PHYSICIAN undertakes to purchase additional and supplemental plans as may be necessary to complete the same. In the event the MyHospital patient USERs’ medical care and treatment is not completed due to his failure to purchase additional and supplemental plans, the PHYSICIAN acknowledges that MyHospital shall incur no liability whatsoever.
- The PHYSICIAN shall provide his true and accurate personal circumstances and information including those related to his practice of medicine as required by the MyHospital.
The PHYSICIAN shall at all times and during the pendency of this Agreement:
- be qualified and licensed to practice medicine in the Philippines;
- must not be subject to any disciplinary, investigative, administrative or legal proceedings under Philippine Law, Philippine Regulatory Commission, Philippine Medical Association, other umbrella organizations of PHYSICIANs, specialty, sub-specialty boards and societies; and
- must not be convicted or pleaded guilty to any felony or offense, or any misdemeanor related to patient services, controlled substances, sexual misconduct, assault, or any action taken from a position of trust.
- The PHYSICIAN shall immediately notify MyHospital in writing if he becomes aware of any investigation, proposed or pending legal, administrative or peer review action or other effort to suspend, restrict, terminate or otherwise adversely affect any of the required qualifications enumerated above, and undertakes to provide any relevant information as required by MyHospital regarding the investigation, action, or other effort.
- The PHYSICIAN shall make himself available to the MyHospital patient USERs at the time of his confirmed appointments and during his assigned and agreed schedules.
- The PHYSICIAN shall likewise possess at all times and at his expense a duly updated desktop/laptop computer and/or tablet/smartphone to allow MyHospital to coordinate all necessary information and/or communications regarding the services acquired by the PHYSICIAN.
- The PHYSICIAN shall conform to the highest professional standards of work and medical ethics in his practice of medicine and in the rendition of consulting services to all users of the MyHospital portal.
- The PHYSICIAN shall have absolute and complete control over the diagnosis and treatment of all MyHospital patient USERs. Nothing in this Agreement shall be interpreted to dictate or impose the PHYSICIAN’s practice of medicine, delivery of direct patient care, or independent judgment in the practice of medicine. Neither MyHospital nor its Board of Directors, management, employees, and assigns shall exercise any direct control and/or supervision over the individual treatment of any user patient of MyHospital’s internet portal.
- MyHospital shall not be liable for any error, mistake, fault, oversight, or any form of negligence arising from the PHYSICIAN’s practice of medicine, delivery of direct patient care, independent judgment in the practice of medicine, and in the rendition of consulting services to all users of MyHospital’s internet portal.
- The PHYSICIAN shall not render emergency medical care to the user patients of MyHospital. The PHYSICIAN’s answers and/or diagnosis rendered to patient USER medical queries shall not serve as a substitute or replacement for actual diagnosis and/or treatment.
- The PHYSICIAN shall provide MyHospital with formal reports and coordinate with MyHospital as to his observations, diagnosis, conclusions, and/or prescriptions regarding the consulting services that he renders to the patient users of MyHospital on a daily basis. The PHYSICIAN likewise agrees that all his communications done through MyHospital’s internet portal will be recorded by the latter.
- The PHYSICIAN has read and understood the terms and conditions of this Agreement, its annexes, as well as all other supplementary and amendatory agreements.
3. TERM AND TERMINATION
- Term: This Agreement shall be effective starting from the date indicated in the PHYSICIAN’s plan and shall continue to be in full force and effect as stated therein and shall remain effective as long as he maintains a VALID USER ACCOUNT as referred to in paragraph 2 (a) above unless earlier terminated pursuant to paragraph 5.b. below. The extension of this Agreement shall depend on the PHYSICIAN’s subsequent plan(s) under which his legal relationship with MyHospital shall continue.
Termination. MyHospital may terminate this Agreement for “Sufficient Cause” after giving the PHYSICIAN formal notice of the reason. “Sufficient Cause” shall mean:
- the PHYSICIAN has breached any material provision of this Agreement;
- the inability or incapacity of the PHYSICIAN to perform his obligations and maintain his representations as stated in Article 2 hereof;
- the PHYSICIAN has committed any fraud, misappropriation or embezzlement in MyHospital’s business;
- he PHYSICIAN has been convicted of a felony; or
- the PHYSICIAN’s use of narcotics, liquor, or illicit drugs has a detrimental effect on the performance of his/her responsibilities as determined by MyHospital.
- Survival: The provisions under paragraphs 5 and 7 of this Agreement shall survive the termination of this Agreement and remain in full force and effect thereafter.
4. CONFIDENTIAL INFORMATION
MyHospital and the USER mutually agree to the following confidentiality obligations:
- Confidential Information. As used in this Agreement, the term “Confidential Information” shall mean any information or any part thereof, furnished by the USER or his representatives to MyHospital relating to his person and his prior and/or existing health condition and treatment. This confidential information shall include prior or existing information on: symptoms and diagnosis; and/or any form of treatment such as medical and/or surgical, alternative and/or traditional medicine, pediatric, maternity, dental, psychiatric, other forms of treatment, and/or research and development activities regardless of whether such information is specifically designated as confidential and whether such information is in written, oral, electronic or other form. Such information may further include personal information and circumstances, patient records and history, and the like.
Utilization of Confidential Information
MyHospital agrees that it shall:
- safeguard, keep, treat and maintain all Confidential Information in strict confidence;
- use all Confidential Information solely for the purpose intende whether expressly or impliedly stated; ; and
- strictly comply with the provisions of Republic Act No. 10173 otherwise known as “The Data Privacy Act of 2012”.
Non-Disclosure to Third Parties
Neither Party shall, without the express written consent of the other Party, disclose, deliver, reproduce or make available Confidential Information or any summaries, analysis, or other documents arising therefrom to any third party as well as the existence and the content of this Agreement between the Parties.
Any and all Confidential Information which materialized during the pendency of this Agreement, whether in documents, or in other forms including parts thereof exchanged between parties as well as possible records, copies, summaries and other notes thereof shall be kept as strictly confidential and not accessible to persons not entitled thereto and shall be promptly returned or disposed in accordance with law upon the request of the Disclosing Party.
Degree of Care
The Receiving Party undertakes to apply to all Confidential Information disclosed in accordance with the provisions of this Agreement the same degree of care with which it treats and protects its own Confidential Information against public disclosure. However, such care shall correspond at least to the highest standards applied in the industry to which the Parties belong.
The confidentiality obligation under this Agreement shall not apply to information which, as evidenced and proven by the Receiving Party:
- was in the public domain prior to the time of its disclosure under this Agreement;
- entered the public domain after the time of its disclosure through means other than by breach of this Agreement;
- was known to the Receiving Party prior to the disclosure by the Disclosing Party;
- was disclosed to the Receiving Party without restriction by a third party having the full right to disclose this information;
- was independently developed by the Receiving Party without use of the information disclosed under this Agreement;
- was announced by joint press statements or releases; and
- is required to be disclosed in order to comply with (a) applicable laws and regulations, including, without limitation, to Philippine legislation; and (b) an order of a Philippine court, tribunal, administrative agency, authority, or other government agency provided that the Receiving Party at the request and expense of the Disclosing Party uses reasonable efforts to limit such disclosure to the extent requested.
Consequences of Termination
In the event of the expiration or termination of this Agreement, the Receiving Party undertakes to automatically return to the Disclosing Party all documents, memoranda, notes, photographs, copies, and all other forms of the Confidential Information disclosed in accordance with the terms and conditions of this Agreement. Confidential Information, which cannot be returned, must be automatically destroyed and the Receiving Party shall, at the request of the Disclosing Party, thereafter confirm in writing that such destruction was completed.
The obligations hereto relating to the confidentiality and use of Confidential Information shall survive the expiration or termination of this Agreement.
- Utilization of Confidential Information
The Receiving Party recognizes the exclusive right and title of the Disclosing Party over all Confidential Information disclosed by such Disclosing Party. No license or conveyance of such rights and title to the Receiving Party is granted or implied under this Agreement. Nothing in this Agreement shall be deemed to grant to either Party a license, directly or by implication, any intellectual property rights including but not limited to registered design, patent, copyright, trade secret or patent application. If any such rights are to be granted to the Receiving Party, such grant shall be expressly set forth in a separate agreement.
5. CONFLICT OF INTEREST
The PHYSICIAN undertakes and agrees not to consult or provide any services, in any manner or capacity, to a direct competitor of MyHospital during the pendency of this Agreement unless express written authorization to do so is given by MyHospital. For purposes of this Agreement, a “direct competitor” of MyHospital is defined as any individual, partnership or corporation, and/or other business entity that engages in the same business as MyHospital, specifically, in the operation of an internet-based telehealth and telemedicine service provider portal that is designed to offer virtual clinic and other value added services, and has the capacity to arrange and coordinate the general health queries of the portal’s users with duly licensed and skilled user PHYSICIANs who in turn have the requisite expertise to answer and/or diagnose the aforesaid queries and dispense prescription drugs and medicines, laboratory requests, and first aid advice through partner laboratories, diagnostic clinics, hospitals and pharmacies..The PHYSICIAN undertakes and agrees not to consult or provide any services, in any manner or capacity, to a direct competitor of MyHospital during the pendency of this Agreement unless express written authorization to do so is given by MyHospital. For purposes of this Agreement, a “direct competitor” of MyHospital is defined as any individual, partnership or corporation, and/or other business entity that engages in the same business as MyHospital, specifically, in the operation of an internet-based telehealth and telemedicine service provider portal that is designed to offer virtual clinic and other value added services, and has the capacity to arrange and coordinate the general health queries of the portal’s users with duly licensed and skilled user PHYSICIANs who in turn have the requisite expertise to answer and/or diagnose the aforesaid queries and dispense prescription drugs and medicines, laboratory requests, and first aid advice through partner laboratories, diagnostic clinics, hospitals and pharmacies..
6. INTELLECTUAL PROPERTY RIGHTS
- MyHospital’s services, materials, processes, procedures, business model, trade names, and trademarks are exclusively owned by E-conomy, Inc.M. and protected by copyright, patent, trademark, intellectual property laws, international conventions and treaties.
- The PHYSICIAN’s availment of the services offered by MyHospital does not grant him any form of ownership or intellectual property rights over the said services, materials, processes, procedures, business model, trade names, and trademarks.
- Any commercial or promotional distribution, publishing or exploitation thereof is strictly prohibited unless expressly permitted by MyHospital.
- MyHospital reserves all rights and privileges appurtenant to the aforesaid services, materials, processes, procedures, business model, trade names, and trademarks that are not expressly provided under this Agreement.
7. LIMITATION OF LIABILITY
E-conomy, Inc. shall not be liable to the Physician as a user of its MyHospital internet portal for any consequences resulting from:
- any modification in this Agreement including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of services;
- deletion, corruption, or failure to store any user data including those originating from laboratories, diagnostic clinics, hospital, and pharmacies;
- use of any patient user data uploaded by Physicians as users, laboratories, diagnostic clinics, hospital, and pharmacies to MyHospital portal;
- upgrading or downgrading or cancellation of any plan for services availed;
- any disclosure, loss or unauthorized use of the login credentials of any user of MyHospital’s internet portal due to the negligence or fault of the said user;
- the PHYSICIAN’s use of MyHospital’s portal through the use of browsers other than those recommended, accepted or supported by the MyHospital;
- the variance between technologies and platforms used for access of certain features, functions, or functionalities of MyHospital’s internet portal that are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet; and
- The MYHOSPITAL’s application of any of the remedies described in this Agreement, even if the reasonable grounds or legal basis for the application of these remedies thereafter turn out to be unfounded or invalid.
7. GENERAL PROVISIONS
- Entirety and Integration of Agreement. This Agreement embodies the total understanding, accord, and covenant between the parties regarding the subject matter and therefore cancels and supersedes all prior discussions and understandings with respect to the same subject matter, whether written or oral.
- Validity and Enforceability. If any provision or part of this Agreement is held unenforceable by a court of competent jurisdiction, that particular provision shall be stricken off and shall not affect the validity or enforceability of the remaining provisions.
- Relationship of the Parties. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other legal relationship between E-conomy, Inc. doing business under the names and styles of MyHospital, My E-Hospital, EHospital, and My E-Doctor, and the USER. The USER shall not represent to the contrary, whether expressly, by implication, appearance or otherwise.
- Interchangeability. It is hereby understood that the use of the word “he” in this Agreement shall refer to both the male and female gender.
- Disclaimer. The USER agrees that all services he obtains by virtue of the MyHospital portal have no corresponding warranties, whether express or implied. MyHospital disclaims all warranties, whether express or implied. The USER’s availment of MyHospital’s services shall be at his own risk and assumes full responsibility for all risks associated therewith. MyHospital does not guarantee the medical services and treatments provided by its partner physicians, laboratories, diagnostic clinics, hospitals, and pharmacies.
- Indemnification. The USER unconditionally agrees to defend, indemnify, and hold harmless E-conomy, Inc. doing business under the name and style of MyHospital, My E-Hospital, EHospital, and My E-Doctor, its affiliates, subsidiaries, Board of Directors, officers, employees, agents, and assigns from any claims, losses, damages, liabilities including attorney’s fees of any kind whatsoever arising directly or indirectly out of his use or misuse of the MyHospital portal. MyHospital reserves its right, at its own expense, to assume the exclusive defense and control of any legal matter before any court, body or tribunal in any venue or jurisdiction which the USER is required to defend, indemnify, and hold MyHospital as harmless from. In case MyHospital assumes its exclusive defense on the matters previously stated herein, the USER agrees to unconditionally cooperate with MyHospital for such defense.
- Venue by Agreement. The parties hereto agree that any litigation arising out of this Agreement shall be filed in the courts of competent jurisdiction of Quezon City to the exclusion of other courts.
- Severability. If any one or more provisions of this Agreement shall, for any reason, be held void or unenforceable, the legality or enforceability of the remaining provisions shall not, in any way, be affected or impaired, and shall remain in full force and effect.
- Non-waiver. Failure of either party to insist upon the strict performance of any of the terms and conditions stated in this Agreement shall not be deemed as a relinquishment or waiver of any right or remedy that said Party may have nor shall it be construed as a waiver of any subsequent breach or default in the terms and conditions which shall continue to be in full force and effect. No waiver by either party of any of their rights under this Agreement shall be deemed to have been made unless expressed by all responsible parties through the MyHospital portal.
Notices – Any notice, request or consent required or permitted to be given or
made pursuant to this Agreement shall be made through the MyHospital
portal. Any such notice, request or consent shall be deemed to have been
given or made when sent by the concerned party via the MyHospital portal to
the other party when addressed to the following:
E-conomy, Inc. doing business under the names and styles of MyHospital, My E-Hospital, EHospital, and My E- Doctor Attention: The General Manager Physician Username: Email Address: Postal Address: Telephone/Mobile No.:
- Assignment. MyHospital may assign, or transfer its rights and obligations under this Agreement or any part thereof without the USER’s express approval. The USER, on the other hand, may not assign, or transfer his rights and obligations under this Agreement or any part thereof.
- Amendment and Modification. This Agreement may be amended or modified by MyHospital at anytime and the PHYSICIAN’s continued use thereof shall be deemed as his conformity to the said amendments. MyHospital further reserves its right to modify, amend, alter, vary, adjust, change, and/or revise its existing and available plans without the consent of the PHYSICIAN. A fully paid and existing plan chosen by the PHYSICIAN sufficient to cover his desired service(s) shall be honored by MyHospital in spite of the latter’s adoption or introduction of modifications, amendments, alterations, variations, adjustments, changes, and/or revisions to its existing and available plans. It is the PHYSICIAN’s responsibility to periodically check these terms and conditions for any changes and/or amendments. purchased plan(s) by the PHYSICIAN must be honored by MyHospital despite subsequent changes in available service plan(s). Hence, partner pharmacies, diagnostic clinics, hospitals, and laboratories must likewise honor the PHYSICIAN’s previously paid plan(s) despite subsequent changes in prices of their products and services.