TERMS OF SERVICE FOR AIDE
APPPPS Partners Inc. and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, “AIDE” or “we” welcome you to download our proprietary mobile application software called “AIDE” (or the “Application”). By downloading, using, accessing, and/or browsing the Application, and/or by receiving services through the Application and/or via our website (as applicable), you acknowledge and agree that you have read, understood and accepted the terms and agree to be bound by the terms of service set out below, including any additions, changes or modifications therein which may be introduced by AIDE from time to time without prior notice (the “Agreement”). You likewise agree that the provisions, disclosures and disclaimers set forth herein are fair and reasonable and that your agreement to follow and be bound by these terms and conditions is voluntary and is not a result of fraud, duress, or undue influence exercised upon you by any person or entity. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AIDE.
If you do not agree to be bound by all the terms of this Agreement, please exit the Application or site immediately and do not use, access and/or browse the Application and our Services. AIDE may at any time and at our sole discretion, amend and update this Agreement, without notice to the user. You are responsible for regularly reviewing these terms and conditions. Any such amendments, modifications and/or updates will be effective immediately upon AIDE’s posting of such updated terms at this location or in the amended policies or supplemental terms on the applicable Service(s) unless you provide a written notice of rejection of said amendments or changes within thirty (30) days after posting such amendments, modifications and/or updates. This written notice may be addressed at AIDE Office, 3/F Citigold Plaza, #175 Katipunan Ave. Quezon City Philippines 1108. In order to be effective, the notice must include your full name and clearly indicate your intent to reject the changes in these Terms. As a consequence of your written notice, you will voluntarily cease to use the Application and our Services from thereon. Otherwise, your continued access or use of the Application and/or our Services after the date of your written notice of rejection shall be deemed as a withdrawal of the said written notice of rejection and, simultaneously, as an assent to the changes in these Terms.
Your continued access or use of the Application or our Services after such posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the terms, as amended. Your use of the Application or our Services must follow the terms and conditions of this Agreement. Any other use of the Application or our Services is a material breach of this Agreement.
All references to the “Application” in this Agreement shall be construed to also include our website (if applicable). Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa.
1. Registration and Membership
- 1.1 Congratulations on your decision to download AIDE, a mobile application that offers users with quick and easy access to a variety of healthcare services. AIDE is an innovative platform provider that allows you to select and transmit a request for certain healthcare services, which include our Home Care, Animal Care, Laboratory Test, Medicine Delivery and Telehealth Services (collectively, the “Services” or “Healthcare Services” and individually, the “Service”). All doctors, veterinarians, nurses, healthcare providers and medical professionals, as well as all other individuals providing the Services through the Application shall collectively be referred to as “Medical Professionals”. Through AIDE, you may secure Healthcare Services for: (i) yourself; (ii) your spouse, direct ascendants and descendants, and/or siblings, (collectively, your “Family Members”); (iii) for minors of whom you exercise legal guardianship; and/or (iv) for pets belonging to you. You agree and acknowledge that you are strictly prohibited from adding and availing of the Services on behalf of any person or pet – other than those aforementioned – within the Application.
- 1.2 By filling in the Account information requested, you represent and warrant to AIDE that all of the personal information with regard to yourself, your Family Members, and/or your pet/s, including medical history and health condition material to the medical assessment or diagnosis you provide during this process are accurate, complete and updated. As a condition to your use of the Application and/or Services, you agree to provide accurate, complete and updated information in your Account. Your failure to provide and maintain accurate, complete and updated Account information may result in your inability to access or use the Services. AIDE reserves the right to refuse or cancel your Account or your use of the Application and/or the Services if AIDE determines that you have not provided accurate, complete and updated information regarding your identity, including medical history and health condition material to the medical assessment or diagnosis, and/or have not provided accurate health information. The failure to provide such accurate, complete and updated information would amount to a material breach of this Agreement on your part.
- 1.3 You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You agree never to use another person’s Account or log-in details to access the Application and/or Services. Unless otherwise permitted by AIDE in writing, you may only possess one Account. Your username and password are personal to you and you are solely responsible for maintaining the confidentiality and use of your Account, username, password and/or log-in details. You hereby acknowledge that AIDE shall not be liable for your choice of username and/or any liabilities attached thereto. AIDE is not liable for any harm caused or related to theft or misappropriation of your username, password and/or log-in details, disclosure of your username and password, or your authorization of anyone else to use your username and password. You shall immediately notify us of any unauthorized use including any threat or risk of such unauthorized use of your password or username or any other breach or threatened breach of the Application’s security. If you believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the issue via e-mail at email@example.com.
- 1.4 Subject to Section 5.5 of these Terms, you are responsible for maintaining your Account’s confidentiality and security. AIDE is not responsible for any losses arising from the unauthorized use of your Account. Please contact AIDE via e-mail at firstname.lastname@example.org if you suspect that your Account has been compromised.
- 1.5 You are aware of the risks and acknowledge that you should use particular caution when accessing your account from a public or shared server, computer or network. As a matter of Company policy, you are prohibited from accessing the Application using public and unsecured networks so that others are not able to view or record your username, password and/or log-in details, and to avoid any risk of data or privacy breach involving your personal information and/or sensitive personal information. Furthermore, you acknowledge sole responsibility for all consequences arising from accessing the Application through any public or unsecured network.
As used in this document, services through your use of the Application will include all services rendered to you, your Family Members, minors of whom you exercise legal guardianship, and/or your pet/s,. You hereby confirm and represent that your Family Members registered with the Application, or have caused the registration with the Application, have given their express consent to share and register their personal information to AIDE and any of its partners. In order to comply with the Data Privacy Act of 2012 (Republic Act No. 10173), and similar laws in other applicable jurisdictions, which govern the collection of personal and sensitive data, AIDE may take additional steps to verify that for minors for whom an account has been made, you are his or her parent or legal guardian, and for Family Members, you have been given express consent to share and register their personal information.
- 2.1 You must be eighteen (18) years of age or older to use the Application and the Services provided through the Application. You understand that there may be no Doctor or other Medical Professionals available in your area and we cannot guarantee that a Doctor or other Medical Professionals will be available to provide the Healthcare Services in your area at the time you intend to avail of such.
- 2.2 If you are requesting pediatric Services for a minor, you represent and warrant that you are the parent, guardian or other adult legally responsible for the minor. By using, accessing or downloading the Application and our Services, you represent that you are at least eighteen (18) years of age or are the parent, guardian or other adult legally responsible for a minor, and of sound mind to form a legally binding contract with AIDE. If you do not meet all of these requirements, you must not access or use the Application for and on behalf of the minor.
- 2.3 You must notify us immediately of any change in your eligibility to use the Services including without limitation any changes to your medical condition or physical fitness.
3. OUR SERVICES
The Services comprise of mobile applications, platform use and related services which enable users to select and transmit a request for certain healthcare services with Medical Professionals, including arranging, subject to its own agreement with the Medical Professionals, the schedule and time of delivery of Services. The healthcare services include Home Care, Animal Care, Laboratory Test, Medicine Delivery and Telehealth Services (collectively, the “Services” or “Healthcare Services” and individually, the “Service”). YOU ACKNOWLEDGE AND AGREE THAT YOUR ARRANGEMENT, AGREEMENT AND ACCEPTANCE OF SERVICES OF MEDICAL PROFESSIONALS THROUGH THE APPLICATION, AND USING, ACCESSING AND/OR BROWSING THE SITE OR APPLICATION, DOES NOT ESTABLISH A PATIENT-DOCTOR OR PATIENT-PHYSICIAN RELATIONSHIP BETWEEN YOU AND AIDE. YOU ACKNOWLEDGE AND AGREE THAT AIDE IS NOT A PROVIDER OF MEDICAL SERVICES, NURSING SERVICES AND HEALTH RELATED SERVICES WHETHER REQUIRING A PROFESSIONAL LICENSE OR NOT. YOU ACKNOWLEDGE THAT AIDE DOES NOT PROVIDE ANY MEDICAL ADVICE ON THE SITE OR APPLICATION, AND THE ACCESS TO AIDE’S PLATFORM OR APPLICATION AND ANY INFORMATION THEREIN SHOULD NOT BE SO CONSTRUED OR USED AS MEDICAL ADVICE.
AIDE does not guarantee medical results and shall not, in any capacity whatsoever, be responsible for any complaint, claim, or liability against the Medical Professional or Partner Laboratories (as defined below) in connection with the services, assessment, and diagnosis made by the Medical Professional or Partner Laboratories, including all other claims or complaints arising from whatever nature incidental to or in the course of providing the Services by the Medical Professional or Partner Laboratories.
- 3.1 Home Care and Animal Care
3.2 Medicine Delivery
- a. Under the Home Care feature, we provide you with a platform to connect with a Doctor or healthcare professional who will provide home care services on such date and time as may be mutually agreed between you and the duly registered doctor (“Doctor”) or healthcare provider, be it at your home, office or hotel (“Home Appointment”). We perform preliminary background checks on doctors and Medical Professionals to ensure that they are medically-certified and qualified to provide the proper care in compliance with the applicable laws and regulations on medical practice. The background checks are done by requiring the doctors or Medical Professionals to provide documents certifying their educational attainment, licenses, clearances, and other certificates verifying the workshops, trainings and courses that they have attended. The doctors and Medical Professionals will also need to be approved by AIDE’s Medical Committee after undergoing an interview. Notwithstanding the foregoing, AIDE shall not be liable for any misrepresentations made by Medical Professionals and/or damages that may result therefrom.
Under the Animal Care feature, we provide you with a platform to connect with a medically-certified and duly-registered veterinarian or qualified animal groomers who will provide animal care services on such date and time as may be mutually agreed between you and the veterinarian or groomer, at your home (“Pet Appointment”). Similarly, we perform preliminary background checks on the veterinarians and groomers to ensure that they are certified and duly licensed, insofar as applicable, to provide the proper care. For said background checks, the veterinary or grooming clinics are required to submit their Department of Trade and Industry (“DTI”) Registration, Securities and Exchange Commission (“SEC”) Registration and latest Business Permits to AIDE. The Medical Professionals employed in these clinics are also required to submit their licenses to AIDE. Once a clinic has been verified, it will enter into a Memorandum of Agreement with AIDE for the provision of their services to the Application users.
The Medical Professionals that promote themselves on AIDE, are not employees representatives, agents or referrals of AIDE. AIDE and its employees do not provide you Healthcare Services and take no part in your medical diagnosis and/or treatment. AIDE provides the Application and does not provide any medical advice on the Application. The information provided in the Application should not be so construed or used to that effect. AIDE shall not be liable for any professional advice provided by the Medical Professionals providing the service to the users in-person or via telephone, nor for any information obtained on our Application. You acknowledge that we do not recommend or endorse any specific tests, healthcare or service providers, medications, products or procedures. You acknowledge that your reliance on any Medical Professional that promote themselves on our Application or information provided by Medical Professionals to you is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent allowable under the law. Using, accessing and/or browsing the Application and/or providing personal or medical information to AIDE does not create a physician-patient relationship between you and AIDE and shall not be construed as practice of medicine or nursing practices. Nothing contained in the Application and/or Service is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in the Philippines. You acknowledge that any information provided in the Application are not professional advice and should not be considered as medical assessment, diagnosis, or prescription whatsoever.
- You Acknowledge that you should consult with your regular licensed doctor or medical professional as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or healthcare related procedure or activity. Do not disregard medical advice issued to you by your regular licensed doctor or healthcare provider. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
- The Medical Professional is an independent professional and shall be solely responsible for the services he or she provides to you, and AIDE is not responsible for any complaint or issue which you may have with respect to the Medical Professional’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Medical Professionals.
- Upon request for a Home Appointment or Pet Appointment, the Application will automatically transmit your location which will be used to determine whether the relevant Medical Professional provides services in your area. Upon providing certain relevant information to the Medical Professionals through the Application, if a Medical Professional is available, he or she will be informed of your location and the agreed schedule. AIDE shall not be responsible or liable for any damages, loss or liabilities occurring during a Home Appointment or Pet Appointment. You agree to defend, hold harmless and release and waive any right or cause of action against AIDE, its affiliates, owners, directors, agents, representatives and employees for any and all liabilities, costs, damages, and expenses including legal expenses incurred in investigating and prosecuting or defending these) arising directly or indirectly out of the Services rendered by the Medical Professional, and Services rendered during, in relation to, or as a consequence of a Home Appointment or Pet Appointment.
- If you are using the Application for Services for a minor or you have requested for a Pet Appointment, you or a competent guardian must be available during the Medical Professional’s visit to check the minor or perform the necessary service to your pet. You are responsible for payment for the Services provided to the minor and your pet, and shall assume the obligations of this Agreement.
- Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You are responsible for all equipment and/ or devices necessary to access the Application.
- The Medical Professionals dictate their fee for the Home Appointment or Pet Appointment. The fee to be charged is as indicated in the Application or notified through the medical concierge.
- DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING, OR IS GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
- a. ACTIMED, Inc. (“ACTIMED”) shall be the accredited entity of AIDE that will dispense medicines to you when we have received a legally valid prescription signed by a doctor. Prescriptions are issued entirely at the discretion of the prescriber. AIDE and ACTIMED reserve the absolute right to decline a prescription for any reason. For this service, AIDE shall be a platform for App users to request for the delivery of the prescription or over-the-counter medicine, which orders will be sent to ACTIMED which will be responsible to process and verify the order and prescription if all details are valid.
- How it works
- Choose “Medicine Delivery” on the home screen of the Application.
- Choose “Who is this delivery for?”
- Choose “What medicines do you need?” If you choose a medicine that requires prescription, you will be required to upload your doctor’s prescription.
- Choose “Where do you need AIDE?”
- Choose “When is your preferred schedule?”
- Your medicine will be delivered to your doorstep within 100 minutes from confirmation of your order online and within the cut off period. Delivery charges shall be imposed.
- For all Medicine Delivery services, in the event that you are unable to collect your own medicine, please present an authorization letter for the person collecting on your behalf.
- Kindly present your original prescription to the delivery personnel.
- We only accept prescription medicine orders from customers who are at least eighteen (18) years old.
- For Medicine Delivery Services, AIDE and ACTIMED are not responsible for any allergic reactions or any complications resulting from medicines ordered. Furthermore, AIDE shall not be held liable for the quality of medicines delivered by ACTIMED.
- Warning – You must check all items dispensed to you and should not take any medication that appears to have been tampered with or which may have been dispensed in error. Failure to abide by this warning could seriously damage your health. You hereby release and waive any right against AIDE for any claim or liability in connection with the use or consumption of any medicine which may have been tampered or dispensed in error.
For Medication Counselling Services, you are responsible for informing AIDE and/or ACTIMED if you are taking any other medications, supplements, and traditional medicine. You are also responsible for informing AIDE and/or ACTIMED of any allergies. AIDE and ACTIMED are not responsible for any allergic reactions resulting from allergies that were not properly communicated to AIDE and ACTIMED.
- It is important that the information you provide is accurate and that you disclose all relevant facts as this could affect the advice given to you, to your Family Member, or to the minor of whom you are legally responsible. If you are providing information about your Family Member, you must ensure that they understand how their information will be used and that you have their authority to provide it to us and to give the relevant consents on their behalf. By providing their information to us and ACTIMED you are confirming this to be the case.
3.4 Telehealth Service
- Laboratory provides an online platform enabling the ordering and fulfillment of diagnostic health and medical laboratory tests (each a “Test,” and collectively “Tests”). AIDE has contracted with duly licensed laboratories (the “Partner Laboratories”) to perform the Tests to its Users.
AIDE does not, and is not intended to, constitute the provision or practice of medical, nursing, or professional health care advice or services. The contracting of Partner Laboratories does not, and is not intended to, constitute a referral, endorsement, promotion or medical advice by AIDE.
- AIDE is not responsible for the performance or undertaking of any Test nor does it have control over the quality, timing, failure to perform, legality, or any other aspect whatsoever of anyone or any entity performing a Test or the results of the Test. AIDE makes no representations about the reliability, timeliness, effectiveness, or accuracy of any Test provided by the Partner Laboratories, whether in public, private, or offline interactions.
AIDE is not responsible for the medical care to be provided to you. It is your responsibility to obtain the proper medical request from your doctor. Subject to Section 5.5 of these Terms, AIDE is not responsible for safekeeping any personal information, personal data, medical history and other confidential information you provided to the Partner Laboratories in the course of, in connection with, and as an incident to the Tests.
- AIDE and the Partner Laboratories do not provide a definitive diagnosis or treatment on your medical condition and it is your responsibility to attend to any abnormal value results.
Upon confirmation of an appointment made by an AIDE user through the Application, the designated Partner Laboratory will collect the Patient’s laboratory test order information and specimen at your doorstep at your agreed schedule either through its own phlebotomists or through AIDE’s phlebotomists. Upon delivery of the specimen, the designated Partner Laboratory will then perform the requested laboratory service. If applicable, you are responsible to collect the specimen that are necessary for the designated Partner Laboratory to perform the requested Services under this Agreement. You represent and warrant that the Patient, if not yourself, from whom the specimen will be extracted will be limited only to those individuals mentioned under Section 1.1 of these Terms.
The designated Partner Laboratory agrees specifically as follows:
(i) Upon its receipt of your specimens and any related information from you, it will provide testing and results reporting in accordance with its established procedures for testing.
(ii) Upon completion of testing and release of Test results, the designated Partner Laboratory shall keep accurate and complete records, and pertinent specimens shall be preserved in conformity with applicable laws and regulations for all Services performed under this Agreement. All records and preserved materials shall be retained in accordance with retention periods established by applicable laws and regulations and shall remain the property of the designated Partner Laboratory. Unless otherwise required by law, said retention period shall not exceed five (5) years from the date of the data collection. Upon written request, the designated Partner Laboratory shall make available for your review all such records and preserved materials as shall be required and requested.
(iii) The designated Partner Laboratory makes no representation that its testing service procedures and methods satisfy any legal requirements for drug or device studies, trials, or human subjects research.
(iv) The designated Partner Laboratory represents that it has, and will continue to have for the term of this Agreement, all the necessary qualifications, certifications, accreditations, or licenses required by applicable laws and regulations. At a minimum, the designated Partner Laboratory agrees to maintain appropriate licensure and certifications as required by the Philippine government.
(v) The designated Partner Laboratory reserves the right to modify its testing protocols used for the specimens at any time and it shall use reasonable efforts to notify you of any such modification.
Upon collection of each specimen when cash is the mode of payment, or upon completion of the Test or set of Tests as you have requested when a non-cash payment gateway is opted in the Application, whichever is applicable, you shall pay the designated Partner Laboratory the rates as stated in the Application or by the medical concierge.
- All property rights, claims, or interests to the specimens tested, the related information or data, or to the test results now or in the future shall be owned exclusively by you. This Agreement shall not be construed as granting to AIDE and the designated Partner Laboratory any license or rights under patents, trade secrets, know-how, copyrights, or other intangible rights owned by you.
- Warning: You must seek the advice of your own doctor on the results given by the designated Partner Laboratory after administering the requested Tests before taking or refraining from any course of action or treatment. Failure to do so could seriously damage your health.
- All of the personnel of the designated Partner Laboratory who administer the Tests through AIDE are independent professionals solely responsible for their respective services as provided to you. AIDE does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession performed by the designated Partner Laboratory’s personnel, each of whom is solely responsible for his or her services and compliance with the requirements applicable to his or her profession and license. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE LABORATORY SERVICE IS NOT A SUBSTITUTE TO A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.
- You agree that AIDE is a TECHNOLOGY PLATFORM that connects users to the designated Partner Laboratory in the AIDE network, and as such, except for the extraction of specimen by AIDE Phlebotomists to be delivered to the designated Partner Laboratory, AIDE takes no part in the carrying on of the relevant laboratory and radiology tests or the production of the test results. AIDE is merely providing a platform to you to schedule for Tests. AIDE expressly disclaims all warranties and responsibilities of any kind, whether express or implied, for the accuracy or reliability of the test results and shall NOT be liable for any inaccuracy or incorrectness of the test results displayed on its platform, if applicable.
- Telehealth Service provides an online platform in connecting you via audio technology to a healthcare professional (“Treating Providers”). Global Telehealth Inc (“KonsultaMD”) shall be the only entity recognized by AIDE to perform this Service. All of the Treating Providers who deliver telemedicine Services through AIDE are independent professionals solely responsible for the services each provides to you. AIDE does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession performed by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither AIDE nor KonsultaMD shall be liable for any professional advice you obtain from a Treating Provider via the Telehealth Service. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE TELEHEALTH SERVICE IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.
- The Telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. KonsultaMD may make arrangements for follow up care either through AIDE or other healthcare providers. Among the benefits of our Telehealth Services are improved access to healthcare professionals and convenience. However, as with any health care service, there are potential risks associated with the use of Telehealth Services.
- You agree that AIDE is a TECHNOLOGY PLATFORM that connects users to Treating Providers in the AIDE network, and as such AIDE takes no part in the carrying out of the Telehealth Services. AIDE expressly disclaims all warranties and responsibilities of any kind, whether express or implied, for the accuracy or reliability of the professional advice and shall NOT be liable for any inaccuracy or incorrectness of the said advice.
4. IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS
- 4.1 THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING HEALTHCARE SERVICES AND/OR MEDICAL PROFESSIONALS THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE DIRECTLY PROVIDED TO YOU FROM OUR APPLICATIONS. A REPORT OF YOUR SYMPTOMS WILL BE GIVEN BY THE MEDICAL PROFESSIONAL.
- 4.2 BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT AIDE IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY-TRAINED PERSONNEL.
- 4.3 PLEASE NOTE THAT AIDE’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND MEDICAL OR NURSING SERVICES AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH THE MEDICAL PROFESSIONAL AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, AIDE EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF MEDICAL PROFESSIONALS SENT TO YOU OR YOUR FAMILY MEMBER THROUGH THE APPLICATION.
- AIDE IS NOT A REFERRAL COMPANY. WE DO NOT PROVIDE OR OFFER MEDICAL SERVICES, OR REFER MEDICAL PROFESSIONALS TO ANY OF THE USERS OF THE APPLICATION. YOU SHOULD MAKE YOUR OWN ASSESSMENTS OF THE MEDICAL PROFESSIONALS YOU DECIDE TO INTERACT WITH, ENGAGE, OR RECEIVE SERVICES FROM.
- YOU ACKNOWLEDGE THAT WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN YOU AND THE MEDICAL PROFESSIONALS.
5. USE OF THE APPLICATION
- 5.1 You shall not abuse or misuse the Application in any manner, including but not limited to:
- engaging in any illegal or fraudulent activities;
- supplying or attempting to supply any false or misleading information, or make any misrepresentation to AIDE or its Partners;
- in any manner that may damage, disable, overburden, corrupt or impair your account, our website, the hardware or application and software system, security protocols, information or other operations or interfere with any party’s use and enjoyment of his or her account and our website; and attempt to gain or gain unauthorized access to any account(s) other than your own account through hacking, password mining or any other means.
- 5.2 You shall be responsible for regularly checking your account and keeping your personal details up to date. You shall notify us and/or any of our relevant partners of any changes, omissions or incorrect details as soon as you become aware of any of them. AIDE shall not be responsible for any failure by you to notify us and/or our relevant partners of any such changes, omissions or incorrect details or for any incorrect information notified to us and/or the relevant partners. You hereby release and waive any or all rights or causes of actions against AIDE, the Medical Professional, and/or any of AIDE’s partners from any injury or damages arising from your failure to provide accurate and updated information particularly the medical condition, history or similar information which may be used in any medical assessment or diagnosis involving you, your Family Members, or the minor of whom you are legally responsible.
- 5.3 You agree that:
- you are solely responsible for your computer, system or other device from which you access your account and our website, including but not limited to the maintenance, operation and permitted use of such computer, system or other device and that it is your obligation to comply with any criteria imposed by AIDE from time to time in respect of your computer, system or other devices from which you access your account and our website (including any software used);
- you shall not access your account and our website using any computer, system or other device which you do not own, unless you have received the owner’s permission;
- you shall ensure that any computer, system or other device from which you access and use your account and our website shall be properly maintained and shall be free from any defects, viruses or errors;
- you shall ensure that your PC or laptop is loaded with the latest anti-virus and anti-spyware software and that the software is at all times installed and updated with the latest pattern;
- you shall ensure that you have downloaded the Application from trusted channels; and
- any material downloaded or otherwise obtained through the use of your account and our website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- 5.4 AIDE reserves the sole and absolute right to:
- add, amend and/or vary our website and Services at any time without assigning any reasons whatever and without any prior notice; and/or
- suspend and/or terminate the operation of your account without assigning any reasons whatsoever and without any prior notice.
- 5.5 You hereby irrevocably and unconditionally agree to give consent to AIDE:
- to collect, store, hold, transfer (within or outside the Philippines), administer and process your personal data including but not limited to your name, contact details, medical history, information and medical report(s) for our internal use and records; and
- to disclose and release your personal data to the relevant government authorities and agencies, where it is required under the law which we may deem necessary.
Our Privacy Statement shall form an integral part of this Terms of Services and can be viewed at www.aide-app.com.
- 5.6 You acknowledge that the Service and/or the Application may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range, switched off or not functioning. Neither AIDE nor any of its Medical Professional, and/or Partners is responsible for any delays, delivery failures, damages or losses resulting from such problems.
- 5.7 You use this service entirely at your own risk and acknowledge that AIDE and its Partners, including the Medical Professionals, are not responsible for any and all damages, losses, costs or expenses which you may suffer because the service is unavailable or does not operate as expected or causes loss or damage to any data.
- 5.8 We may at our sole discretion change, add, or delete portions of this Terms of Service at any time on a going-forward basis. It is your responsibility to check this Terms of Service for changes prior to use of the Application or any Services, and in any event your continued use of the Application or the Services following the posting of changes to this Agreement constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the website, and/or, in our sole discretion, by email.
- 5.9 Certain Services available through our website, may have their own terms and conditions that apply to your use of those services. This Agreement does not alter in any way the terms or conditions of any of those other written or online terms and conditions or agreements you may have or will have with any of our partners. To the extent that there is any conflict between this Agreement and any separate agreement, the terms of the separate agreements will govern.
- 5.10 The Application is not directed to minors – those below eighteen (18) years of age – who are not eligible to use our Services. Protecting the privacy of minors is very important to us. We do not collect or maintain personal information from people we actually know are under eighteen (18) years old, and no part of the Application or Services is designed to attract people under eighteen (18) years old. If we later obtain actual knowledge that a user is under eighteen (18) years old, we will take steps to remove that user's personal information from our databases. By using our Application, you represent that you are at least eighteen (18) years old.
- 5.11 Every request on the Application for any of the home medical services as enumerated in Section 3 of this Agreement shall have a lead time of twenty-four (24) hours. This lead time shall begin from the time the request is inputted in the Application up until the time an appointment between you and a medical professional has been set. Any cancellations or changes on your request must be made through the Application six (6) hours prior to the actual time of duty.
You also understand that use of the Application for Users may result in charges to you for the Services requested ("Charges"). Payment of the Charges for the Services received from a Medical Professional shall be made directly to the Medical Professional in the amount as it appears in the Application for User when the booking of the appointment is successfully made. Charges will be inclusive of booking fee and applicable taxes where required by law. Charges paid by you to the Medical Professional are final and non-refundable, unless otherwise determined by us. We will respond accordingly to any request to modify the Charges for a particular service or good.
Once you and a Medical Professional has confirmed your request and their availability, respectively, and an appointment has been confirmed, any cancellations made by you will be charged a corresponding penalty of Two Hundred Pesos (PHP 200.00), which shall be charged on the next service you will be requesting. Prior to this confirmation, all cancellations will be allowed free of charge. SHOULD YOU CANCEL YOUR REQUEST ONE (1) HOUR BEFORE THE APPOINTMENT TIME, YOU WILL BE CHARGED THE FULL PRICE OF YOUR REQUESTED SERVICE.
This payment structure as reflected in your booking appointment using the Application for Users is intended to fully compensate the Medical Professional for the Services to be provided. We do not designate any portion of your payment as a tip or gratuity to the Medical Professional.
Any representation by us (on AIDE's website, in Application for Users, or in AIDE's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that we provide any additional amounts, beyond those described above, to the Medical Professionals.
You understand and agree that, while you are free to provide additional payment as a gratuity to any Medical Professional who provides you with Services obtained through the Application for Users, you are under no obligation to do so. Gratuities are voluntary. After you have received Services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Medical Professional.
We may from time to time provide you with gratuitous promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the Application for Users, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Application for Users or the booking fees applied to you.
We may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Application for Users, subject to any additional terms that we establish on a per promotional code basis ("Promo Codes").
You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public unless expressly permitted by us;
- may be disabled by us at any time for any reason without liability to us;
- may only be used pursuant to the specific terms that we establish for such Promo Code;
- are not valid for cash; and
- may expire prior to use.
We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Terms of Service.
By accepting any promotional offer, you agree to be bound by the following additional terms.
The Application reserves the right to send particular promotions to particular Users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Statement; provided, however, that we will not use your personal information for our promotions or for marketing purposes without your prior written consent. Notwithstanding the foregoing, you agree that AIDE may communicate your personal information to the Medical Professional featured on the Application in connection with any Services to be provided by them.
AIDE is not responsible for any unauthorized promotions and offers offered by third parties through the Application.
No refunds will be given after a requested service has been performed. Charges for services will automatically be reversed in the event that a cancellation was made on time when no confirmed appointment has been set. Applicable refunds may be made to correct any mistake in charging an AIDE App user or Medical Professional’s account; should this occur, users and medical professionals may call the AIDE Hotline at 0917 806 8478 or email email@example.com for any refund concerns.
7. ACCOUNT SECURITY
- 7.1 You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. AIDE will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your Account from a public or shared device or using unencrypted email to discuss private matters with any Medical Professional, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.
- 7.2 Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by AIDE, the Medical Professionals, and our partners, in accordance with applicable law.
8. LICENSE AND LIMITATIONS ON USE
- 8.1 AIDE grants you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of AIDE or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by AIDE. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
- 8.2 By using the Application or the Services, you agree that your use:
- Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
- Will not cause nuisance, annoyance, disruption, or inconvenience to our partners;
- Will not impair the proper operation of the network;
- Will only be through access points or wireless data account (AP) which you are authorized to use; and
- May involve standard messaging charges by your wireless provider.
- 8.3 You agree:
- not to copy, make alterations to, or modifications of, the whole or any part of the Application for Users, or permit the Application for Users or any part of it to be combined with, or become incorporated in, any other programs;
- not to distribute, transfer, sell, re-sell, lease, license, sub-license, loan, translate, merge, adapt, vary, modify, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application for Users or any part of it;
- not to remove, disassemble, decompile, reverse-engineer or create derivative works any copyright, trademark or other proprietary notices from any portion of the Application for Users;
- not to link to, mirror or frame any portion of the Application for Users;
- not to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application for Users or unduly burdening or hindering the operation and/or functionality of any aspect of the Application for Users;
- not to provide or otherwise make available the Application for Users in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- not to attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- 8.4 You acknowledge that all intellectual property rights in the AIDE App for Users anywhere in the world belong to us, that rights in the AIDE App for Users are licensed (not sold) to you, and that you have no rights in, or to, the AIDE App for Users other than the right to use each of them in accordance with these terms.
- 8.5 You acknowledge that you have no right to have access to the AIDE App for Users in source-code form.
- 8.6 We may permit you from time to time to submit, upload, publish or otherwise make available to us through the AIDE App for Users textual, audio, and/or visual content and information, including commentary and feedback related to the AIDE App for Users, initiation of support requests, and submission of entries for competitions and promotions ("User Content").
- 8.7 Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the AIDE App for Medical Professionals, AIDE App for Users, and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
- 8.8 You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- 8.9 You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
9. USER CONDUCT
- 9.1 We reserve the right to terminate your User status if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the rules of conduct mentioned below.
- 9.2 You may not:
- Upload, post, or transmit to the Medical Professionals by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including another User, Medical Professional, or an employee of AIDE, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”
- Attempt to interfere with or disrupt our servers or networks;
- Intentionally or unintentionally violate any applicable local, national or international law or any regulations having the force of law;
- Stalk or otherwise harass another user of our Services or any of our employees, or any Medical Professional; and
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users or any minors, including user names or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.
10. DISCLAIMERS OF WARRANTIES
YOU USE THE APPLICATION, THE SERVICES, THE MEDICAL PROFESSIONALS’ SERVICES, OUR PARTNERS’ SERVICES, AND OUR WEBSITE AT YOUR OWN RISK. AIDE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY FAMILY MEMBER AND/OR MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY AIDE OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY THE MEDICAL PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION SERVICES, OUR WEBSITE, THE MEDICAL PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND AIDE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AIDE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY THE INDEPENDENT MEDICAL PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN AIDE’S LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. You acknowledge and agree that AIDE does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients in the AIDE network with independent third-party Medical Professionals as well as with our Partners in providing Healthcare Services. You acknowledge and agree that the Medical Professionals using the Application are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all medical services, advice, instructions, treatment decisions and other professional health care services performed, and that all diagnoses, treatments, procedures and other professional health care services will be provided and performed exclusively by or under the supervision of the Medical Professionals, in their sole discretion, as they deem appropriate.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION FOR USERS, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
11. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT AIDE AND ANY OF ITS PARTNERS SHALL NOT BE LIABLE TO YOU, ANY OF YOUR REGISTERED FAMILY MEMBER OR MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE APPLICATION, SERVICES OF THE WEBSITE OR ANY MEDICAL PROFESSIONAL; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL AIDE AND ANY OF ITS PARTNERS’ TOTAL LIABILITY TO YOU, YOUR REGISTERED FAMILY MEMBER, OR ANY MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO AIDE TO USE THE SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, AIDE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
YOU AGREE THAT AIDE AND ANY OF ITS PARTNERS SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IN RELATION TO ANY MEDICAL AND OTHER RELATED SERVICES PROVIDED BY A MEDICAL PROFESSIONAL OR BY ANY OF OUR PARTNER TO YOU OR TO YOUR FAMILY MEMBER OR ANY MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE FOR OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
AIDE AND ANY OF ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR ANY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF AIDE AND ANY OF ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AIDE AND ANY OF ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
- YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
- ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY MEDICAL PROFESSIONAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AIDE AND ANY OF ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL AIDE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF THE APPLICATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT OF BOOKING FEES.
12. DISCLAIMERS ON MEDICAL PROFESSIONALS AND THIRD PARTY
AIDE DOES NOT EXPRESSLY ENDORSE ANY MEDICAL PROFESSIONAL OR THIRD PARTY PROVIDER OF HEALTHCARE SERVICES ON THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY THE MEDICAL PROFESSIONAL OR THIRD PARTY PROVIDER ARE SOLELY ATTRIBUTABLE TO THE MEDICAL PROFESSIONAL OR THIRD PARTY PROVIDER AND NOT AIDE. RELIANCE ON ANY INFORMATION PROVIDED BY THE MEDICAL PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. AIDE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE MEDICAL PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID MEDICAL PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. ALL INTERACTIONS WITH A MEDICAL PROFESSIONAL OR THIRD PARTY PROVIDER ARE BETWEEN YOU AND THE MEDICAL PROFESSIONAL OR THIRD PARTY PROVIDER. BY USING THE SERVICE, YOU AGREE NOT TO HOLD AIDE LIABLE IN ANY WAY OR MANNER FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT OR ANY ACTION OR ADVICE GIVEN BY THE MEDICAL PROFESSIONAL OR THIRD PARTY PROVIDER TO YOU, YOUR FAMILY MEMBER, OR ANY MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE. IN NO EVENT SHALL AIDE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOURCONDUCT OR THOSE OF ANY MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A MEDICAL PROFESSIONAL OR THIRD PARTY PROVIDER OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, YOUR FAMILY MEMBER, OR ANY MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE, AND ANY MEDICAL PROFESSIONAL, OR THIRD PARTY PROVIDER, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEDICAL PROFESSIONALS OR THIRD PARTY PROVIDERS PARTICULARLY IF YOU, YOUR FAMILY MEMBER, OR ANY MINOR FOR WHOM YOU ARE LEGALLY RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and to hold harmless AIDE and our partners, together with their respective affiliates, directors, officers, agents and employees, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to:
(a) your use of the Application, Services or our website or your inability to use the Application, Services or our website; or
(b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold AIDE (and its officers and directors) harmless applies whether a claim against AIDE is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. In addition, you agree to indemnify, defend and hold harmless the Medical Professionals from and against any third party claims resulting from your lack of adherence with the advice or recommendation(s) of such Medical Professionals. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.
As used in this paragraph, Third Party shall include Family Members and or minors which you have registered in the Application, and on whose behalf you have requested for any of the Services offered by AIDE.
14. BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, you represent and warrant that the business has accepted and/or accepts these terms and that you are an authorized representative of the business. You represent that your consent and acceptance of this Agreement binds the business being represented. You shall cause the business to hold harmless and indemnify AIDE and our partners, together with their respective directors, officers, affiliates, agents and employees from any claim, suit or action, proceeding, complaint, arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.
15. ENTIRE AGREEMENT, GOVERNING LAW AND DISPUTE MECHANISM
This Agreement contains the final and entire agreement between us regarding your use of the Application, the Services and our website for yourself, your Family Member, or for any minor for whom you are legally responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Philippines, without regard to any conflict or choice of law principles.
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the Philippine Dispute Resolution Center, Inc. (“PDRCI”) in accordance with the ARBITRATION RULES OF THE PDRCI (the "PDRCI Rules") then in effect, except as modified by this "Dispute Resolution" section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the PDRCI Rules. The arbitrator will be selected by the parties from the PDRCI's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the PDRCI will appoint the arbitrator in accordance with the PDRCI Rules.
Your responsibility to pay any PDRCI filing, administrative and arbitrator fees will be solely as set forth in the PDRCI Rules.
AIDE may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of AIDE’s successors, assigns and licensees.
This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone.
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
18. FORCE MAJEURE
AIDE and its partners, together with their respective affiliates, directors, officers, agents and employees, shall not be liable to you as a result of any delay or failure to perform its obligations under these Terms arising out of, or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God or interruptions, loss or malfunctions of utilities, communications or computer software and other event amounting to force majeure.