Terms and Conditions of Use For Patients and Clients
These Terms and Conditions of Use (“Terms of Use”) constitute a legally binding agreement made between you (“you”, “your”) and Metro Pacific Health Corporation (the “Company”, “we”, “us”, “our”), concerning your access to and use of our mobile application (the “Application”) and any services we may provide through this Application (collectively, the “Service”). You agree that by using the Service, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with (or cannot comply with) the Terms of Use, then you may not access or use the Application.
You represent and warrant that you are of minimum legal age or at least 18 years of age and have the legal capacity and authority to bind yourself to these Terms of Use and agree to be bound by the terms hereof.
The Company reserves the right to deny or revoke access to the Service or any part thereof through the Application to any person, at any time in its sole discretion, with or without cause. The Company may report to law enforcement authorities any action that may be illegal, and any report it receives of such conduct. When legally required, the Company will cooperate with regulatory, judicial, or law enforcement agencies in any investigation of alleged illegal activity conducted or carried out in availing the Service or through the use of the Application.
You are responsible for all activities that occur in your account, and you agree to notify the Company immediately of any unauthorized use of your account. The Company is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
- Introduction
Welcome to Digital Front Door. Digital Front Door is a brand name of the virtual care platform of Metro Pacific Health Corporation (“MPH”).
Digital Front Door is a telehealth platform that offers virtual consultations, medicine delivery, and clinic and outpatient services booking. The platform is owned by MPH and was developed for the use of its network of subsidiary and affiliate hospitals, including their respective representatives and agents, and their affiliated licensed physicians (the “MPH Hospital Network”).
By registering to the platform, you agree to the following terms and conditions (the “Agreement”).
- How Digital Front Door Works
- Telemedicine Consultations
Digital Front Door is a platform that allows a patient to search for a licensed physician within the MPH Hospital Network. Once the patient has selected the licensed physician, he/she may request for a virtual consultation.
- Collect clinical history
- Create a treatment plan
- Prescribe medication, as may be needed
- Request for diagnostic test, as may be needed
- Issue medical certificate, as may be requested
- Provide follow-up care, as may be needed; and
- Refer the patient to another physician or the hospital, as may be needed.
- Medicine Delivery
Digital Front Door provides a platform that allows users to order medicines from the outpatient pharmacies of the MPH Hospital Network. Once the user orders medicine through this platform, the Digital Front Door system routes the order to the selected outpatient pharmacy for fulfillment.
- Review the list of medicines ordered by the user through the platform and the availability of the ordered medicines;
- Review the prescription of the user;
- Send an invoice to the user for payment which can be done online through the Digital Front Door system or over the counter, if for pick-up;
- Prepare the order of the user; and facilitate the delivery to the user’s preferred delivery address.
- Clinic and Outpatient Service Booking
The Digital Front Door allows the users to schedule an appointment with a licensed physician for a virtual consultation or to schedule an appointment for outpatient services with any of the MPH Hospital Network.
- Corporate Services
Digital Front Door offers a platform for MPH Hospital Network to serve the healthcare needs of their corporate clients and their employees. Corporate clients can use the platform to track and monitor the status of the employees’ availed healthcare services.
- As a Triaging Tool
Digital Front Door may also be used by the MPH Hospital Network as a triaging tool at the Hospital level for the purpose of, among others, taking the relevant information of the patients and assessing the urgency of their need for care.
- Affiliate Marketing Services
Digital Front Door allows users to view relevant offers from MPH Hospital Network and third parties for affiliate marketing purposes.
During the virtual consultation, the licensed physician shall:
Once an order is placed, the pharmacy shall::
- Telemedicine Consultations
- Role of Digital Front Door
Digital Front Door only provides the technology platform that allows the patients to seek medical advice from licensed physicians with the use of video technology, purchase medicines from the outpatient pharmacies of MPH Hospital Network, schedule appointment requests with doctor’s clinic and outpatient services of the MPH Hospital Network; and the MPH Hospital Network to collect the personal and health information of its patients.
The MPH Hospital Network is in charge of vetting the qualifications of the physicians. All licensed physicians are granted access to the platform if they meet the following criteria:
- Must be accredited by any of the MPH Hospital Network; and
- Must be willing to abide by the guiding principles for virtual consultation in accordance with the laws, rules, regulations, and issuances applicable to the practice of medicine and applicable DOH rules.
Neither MPH nor Digital Front Door are engaged in healthcare business and shall not be construed as a medical services business. Accordingly, the medical advice rendered by the licensed physicians on the Digital Front Door platform shall not be deemed as that of MPH or Digital Front Door.
- Availment of Service
You will avail of the Service and use the Application only for legitimate and lawful purposes, and in accordance with these Terms of Use, including the terms of the Privacy Policy, and you will ensure that any information you provide to us in availing the Service or through using the Application is true, accurate, current, and complete.
You expressly acknowledge and agree that the Company does not provide medical services of any kind. You acknowledge and understand that the Company is not a hospital, clinic, pharmacy, health insurance company, or a healthcare provider.
While the Service allows healthcare providers to engage with you and provide general medical information, the Service itself cannot and is not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. Telemedicine shall be used only when: (i) a healthcare provider is physically inaccessible in the management of chronic health conditions, or (ii) a healthcare provider is physically inaccessible for follow-up consultations with existing patients. Availing of the Service or using the Application and/or providing or disclosing your personal or medical information to us in availing of the Service or using the Application does not establish a physician-patient relationship between you and the Company. You acknowledge and agree to assume full risk and responsibility for the use of or reliance on information you obtain from or through the Service or the Application. Further, you acknowledge and understand the Company does not endorse or recommend any healthcare provider.
To the extent medical advice is provided to you by a healthcare provider through the Service, such medical advice is based on (a) your personal health data which you disclosed to the healthcare provider, and (b) the local standards of care for your presenting symptoms or reactions to any medication based on the information you disclosed. You acknowledge and understand that the Company does not manage or control the medical advice provided by your healthcare provider.
THE AVAILMENT OF OUR SERVICE OR THE USE OF THE APPLICATION, IS NOT INTENDED OR APPROPRIATE FOR EMERGENCY AND/OR SERIOUS HEALTH CASES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF, AT ANY TIME YOU ARE CONCERNED, CALL A DOCTOR OR EMERGENCY PHONE NUMBER IMMEDIATELY OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. From time to time, we may include features in the Application that allows you to avail of emergency care services offered by third parties. You may avail of these services, subject to the terms and conditions of such relevant services.
It is mutually understood and agreed that the healthcare provider and the Company, in performing their respective duties and obligations under these Terms of Use, are at all times acting and performing as independent entities with respect to each other. Nothing in these Terms of Use is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship, or to allow the Company to exercise control or direction of any nature, kind or description over the manner or method by which the healthcare provider performs his/her professional services.
- Fees
You acknowledge and agree to pay all fees and charges, including applicable taxes, in accordance with the payment terms effective at the time such fee or charge is due and payable. You further agree that the Company is authorized to immediately charge you for all fees and charges relating to the availment of the Service with no prior notice or consent. The Company hereby reserves the right to change the payment terms from time to time, as it may deem necessary. All purchase orders received and accepted by the Company prior to the effective date of the price increase will be billed at the prices in effect at the time of the acceptance of the order.
You undertake that: (a) you shall provide true, correct, and complete credit/debit card, and/or bank account information; (b) the fees and charges due and payable relating to the Service availed of shall be honored by your credit/debit card company and/or bank; and (c) you are authorized to use the credit/debit card and/or bank account for the relevant payment or purchase.
- Telemedicine Features and Limitations
You may consult with a healthcare provider via online videoconferencing. Your healthcare provider shall conduct an initial examination and/or diagnosis based on your uploaded photos and online video consultation. Your medical provider may also take photos during the teleconsultation with your prior consent.
You acknowledge and understand that there are potential risks to the use of virtual including, but not limited to, inaccurate diagnosis arising from inaccurate information provided by you or the inherent limitations of virtual consultation, slight delay or cancellation due to platform technical difficulties and service limitations. You are aware that you or your healthcare provider can discontinue the teleconsultation should you or your healthcare provider believe that videoconferencing is not adequate for your health situation.
You acknowledge and understand that the Company recommends the following minimum technical specifications for use of Digital Front Door:
- PC or Desktop system requirements - A modern browser (i.e. Google Chrome 109.0.5414)
- OS: Windows, Mac OS, *nix
- Processor / CPU: INTEL CORE i3 2.5 GHz / ARM V8 64Bit / Apple M1
- RAM memory: 4 GB
- Browser(s) version: Post 2021 (Google Chrome, Mozilla Firefox, Microsoft Edge, Safari, etc.)
- Mobile device:
- Mobile OS and version - minimum - 5 (Android) / 11 (iOS)
- Disk/Storage space available - 100 MB
- Telemedicine Referral
You are aware that your healthcare provider may refer you to a healthcare institution in case: (a) your medical case requires personal examination; and/or (b) your medical case requires emergency care in a suitably resourced health facility.
- Privacy Policy
The Company’s Privacy Policy (the “Privacy Policy”), as may amended from time to time and may be accessible through in the Application, is hereby incorporated by reference to these Terms of Use. The Privacy Policy explains how we use the information you disclose to the Company in availing of the Service and in using the Application. The Company takes utmost care to never disclose your data and information, except upon your request, or if the same is necessary to comply with legal, statutory, or investigative law enforcement requirements, or as otherwise provided in the Privacy Policy.
- Changes
We reserve the right, in our sole discretion, to amend these Terms of Use, or to make changes to the functionality, features, or content of the Application or Service at any time and for any reason. You will be notified of any material changes via e-mail, or via the posting of an updated version thereof on our Application. All changes shall take effect seven (7) days after the date of our e-mail or the date on which we posted the modified terms on our Application, as the case may be. If you do not agree with any aspect of the updated Terms of Use, Application and/or Service, you must immediately cease availing the Service or using the Application.
- Term and Termination
These Terms of Use take full force and effect on the date on which you commence availing of the Service or using the Application, whichever is earlier, and shall continue unless your availment of Service or use of the Application is terminated in accordance with the Terms of Use. We reserve the right to terminate or suspend your account or access to the Service and Application at any time and for any reason.
You may likewise delete any account that you may have registered in the Application at any time. Your account will be deleted in real time and you will no longer be able to use it to log-in. Deletion of your personal data will be subject to the retention provisions of our Privacy Policy.
- Force Majeure
We shall not be responsible for damages, delays, or non-performance of the Service resulting from acts or occurrences beyond our reasonable control, including, but not limited to, fire, lightning, explosion, power surge or failure, flood, typhoon, acts of God, epidemic, pandemic, government-imposed quarantines, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, requirement or actions (whether lawful or not) of any national or local government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Merchants
You acknowledge that parties other than the Company (the “Merchants”) list and sell various products on the Application. The contract of sale for such products is directly between you and the Merchant. The Company is not a party to the aforementioned contract of sale or any other contract between you and the Merchant. You expressly agree that Company takes no responsibility and assumes no liability for any product sold by the Merchant.
- Disclaimer of Warranties
You acknowledge and agree that you avail the Service and use the Application at your own risk. The Service is provided on an “as is” and “as available” basis, without warranties of any kind, and to the maximum extent permitted by law, the Company, its officers, directors, employees, agents, subsidiaries, and affiliates, disclaim all warranties express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that you will be able to avail of the Service or use or access the Application at the times or locations of your choosing; that the Service and use of the Application will be uninterrupted or error-free, reliable, accurate, timely, useful, adequate, complete or suitable; that defects in the performance of Service or in the Application will be corrected; or that the Application is free of viruses or other harmful components.
- Limitation of Liability
We shall not be liable to you for any indirect, incidental, consequential, special, punitive, remote or other similar damages, including, but not limited to, loss of revenues, lost profits, lost data, or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Use, the Services or the use of the Application, whether based on contract, tort or any other legal theory, and whether or not the Company has been advised of the possibility of such damages. In circumstances where the foregoing limitation is finally determined to be inapplicable, you acknowledge and agree that the Company’s aggregate liability to you for any damages, losses, fees, charges, expenses, or liabilities shall not exceed PHP 50,000.00.
In the event of any problem with the Service and/or Application, you agree that your sole remedy is to cease availment of the Service and/or use of the Applications.
- Indemnity
You agree to defend, indemnify, and hold the Company, its parent, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any losses, costs, liabilities, claims, causes of action, and expenses (including reasonable attorneys’ fees) relating to or arising out of, directly or indirectly: (a) your registration and access to, use of, or inability to use, the Service or Application; (b) any product you purchase from or through the Service or Application; (c) your violation of these Terms of Use; (d) your violation of any rights of a third party, including any user of the Application; or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive the termination of your account, the Terms of Use, or your access to the Service or Application.
- Assignment
You acknowledge and agree that the Company may assign its rights and obligations under these Terms of Use without notice to you. You shall not assign your rights and obligations in connection with your account and under these Terms of Use without the prior written consent of the Company (such consent may be withheld or conditioned, at our sole discretion). Any assignment without our prior written consent shall be null and void and of no effect.
- Geographical Restrictions
The Company is organized under the laws of the Republic of the Philippines. We offer the Services solely and exclusively to (1) persons residing and/or located in the Philippines, or (2) Filipino citizens permanently residing in the Philippines, including Filipino transients abroad and Overseas Filipino Workers.
While the Application may be accessible in your location, certain aspects of the Services may not be allowed or not recognized due to regulatory restrictions. For example, a physician during a virtual consultation may only give you preliminary advise, and you will need to consult a licensed medical doctor in the country where you are located for a more accurate diagnosis and to obtain a prescription that will be recognized in the place where you are located.
If you avail of the Service or purchase entitlement to the Service for another person in the Philippines (“Beneficiary”), you confirm and agree that:
- You and the Beneficiary, if any, are qualified to avail of the Services as provided in this Clause;
- You and the Beneficiary, if any, use the Service on your own initiative;
- You and the Beneficiary, if any, are responsible for compliance with local laws;
- You and the Beneficiary, if any, understand that the Application’s virtual function is only for the provision of preliminary medical advice and you are availing the same because a physical consultation is not immediately available to you; and
- You and the Beneficiary, if any, indemnify the Company from any responsibility for such use by you in accordance with Section 13 of these Terms of Use.
- Dispute Resolution and Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Philippines without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the proper courts of Makati City, Philippines to the exclusion of all other venues.
You agree that we may elect to resolve the dispute in a cost-effective manner through arbitration in Makati City, Philippines under the rules of the Philippine Dispute Resolution Center, then in force, using the English language. Any arbitration award shall be final and binding upon the parties and may be enforced by judgment of a competent court having jurisdiction.
- Entire Agreement and Severability
These Terms of Use shall constitute the entire agreement between you and the Company concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.