By using SugboDoc, you, the User, unconditionally agree to these Terms and Conditions (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use SugboDoc. This Agreement is between you and SugboDoc Technologies Inc. (“SugboDoc”).
SugboDoc operates an Information and Communication Technology ("ICT") platform that will enable customers to connect to licensed physicians ("Licensed Physicians") and other registered healthcare providers and staff ("Registered Healthcare Providers") who are collectively called users ("Users") of the platform ("SugboDoc") through a laptop, desktop or mobile device.
SugboDoc is not engaged in the practice of medicine, whether by and through SugboDoc and does not provide health care or medical services. No information provided by SugboDoc constitutes the practice of medicine or any other medical profession. SugboDoc does not recommend or endorse any specific tests, products, procedures or opinions of the Licensed Physicians. ALL HEALTH CARE AND MEDICAL SERVICES ARE PERFORMED ONLY BY LICENSED PHYSICIANS AND HEALTHCARE PROVIDERS. THE LICENSED PHYSICIANS AND HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES PRESCRIBED TO YOU AND IN COMPLIANCE WITH ANY AND ALL REQUIREMENTS APPLICABLE TO HIS OR HER EXERCISE OF PROFESSION.
SugboDoc is not for medical emergencies or urgent situations. If you have an emergency, please go to your nearest hospital and seek immediate assistance from medical emergency personnel. The services provided by Licensed Physicians are not intended to be a substitute or replacement for professional medical advice, diagnosis or treatment.
This Agreement applies to your use of SugboDoc's website ("Site") at www.sugbodoc.com and to your registration for, subscription to, and use of SugboDoc. You acknowledge that you understand, have read and accepted all terms and conditions in this Agreement and those that are contained in the SugboDoc Data Privacy Policy, which shall form an integral part of this Agreement.
1. Age and Capacity
You represent and warrant that you are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use SugboDoc. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register or use SugboDoc. If you are acting on behalf of your nominated member/s, you represent and warrant that you are authorized to act for and on behalf of and to bind such nominated member/s. You also warrant that you have fully informed each of the nominated members of these Terms and Conditions and that they have fully understood, consented, and accepted the same. Upon SugboDoc's request, you will provide us with written proof of (a) your specific authorization to act on behalf of your nominated member/s and (b) the consent and acceptance of this Agreement by the nominated member/s.
2. Registration, Personal Information, and Medical History.
For Customers
You must register and/or confirm your registration to use SugboDoc, to avail of services of Licensed Physicians and Registered Healthcare Providers within SugboDoc. During registration and use of SugboDoc, you will be required to provide certain personally identifiable information (collectively, “Personal Data”), including your name, address, phone number (“Personal Information”) and sensitive personal information such as, but not limited to, personal, medical or health information (“Medical History”). For Licensed Physicians and Registered Healthcare Providers, additional information, such as License, Credentials, Membership Certificates, Company Registration (for Institutional Customers), where applicable, will also be collected. It is your sole responsibility to update SugboDoc of changes to your Personal Data so that all your records are current, complete and accurate and such changes shall form part of your Personal Data. By using SugboDoc, you agree to disclose the contents of your Personal Data to the Licensed Physicians, Healthcare Providers and authorized staff, as well as to SugboDoc, its subsidiaries, affiliates, partners and third-party service providers as part of its business operations and provision of services. SugboDoc’s retention and use of all Personal Data shall be subject to SugboDoc’s Data Privacy Policy posted on its Site. You warrant that you have read and understood SugboDoc’s Data Privacy Policy, and consent to the collection and processing of your Personal Data by SugboDoc and its subsidiaries, affiliates, partners and third-party service providers, as detailed therein and for access and use by the Licensed Physicians. If you are acting on behalf of your nominated members, you warrant that you are authorized to act for and have obtained the consent of your nominated member/s to the collection and/or processing of their personal information in accordance with the SugboDoc Data Privacy Policy posted on the Site prior to sharing any of their personal information with us. You also warrant that you have fully informed each nominated member and that they have fully understood, consented, and accepted the SugboDoc Data Privacy Policy. Upon SugboDoc's request, you will provide us with written proof of (a) your authorization to act on behalf of your nominated member/s, and (b) the consent and acceptance of the SugboDoc Data Privacy Policy by your nominated member/s. By registering to use SugboDoc, you agree to receive information regarding common medical and health-related topics or preventive care messages containing medical and health-related information, or marketing promotions and notifications related to the service. This information is for general educational and informational purposes only. In no case should such information be considered or relied upon as a substitute or replacement for medical advice, diagnosis, and treatment. Neither should it be construed, directly or indirectly, as constituting the practice of medicine or any other profession or dispensing of health care or medical service by SugboDoc. SugboDoc makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with SugboDoc at its Site or otherwise, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction that you may take in connection with such information. If you do not wish to receive such communications, you may opt-out at any time by contacting the SugboDoc hotline (+63-9616327980 for mobile; +63-32-5202271 on landlines). Access to and use of SugboDoc is limited to customers with a registered address in countries where SugboDoc services are allowed to be used.
3. Price and Payment
For Customers
You agree to timely pay all amounts due and owing pursuant to the services availed under Licensed Physicians and Registered Healthcare Providers within SugboDoc including all other fees that may be charged in connection with your use of SugboDoc.
For Licensed Physicians and Administrators of Registered Healthcare Providers
As Licensed Physician or administrative respresentative of the Registered Healthcare Provider, you agree to timely pay Subscription fees and all other fees that may be charged in connection with your use of SugboDoc. For Subscription Plans paid using your credit card or any electronic payment facility, you hereby authorize your credit card company or the electronic payment facility provider to collect any and all amount payable by you under your SugboDoc subscription plan.
Card Recurring Payment Feature
By agreeing to recurring payments, the cardholder authorizes PayMongo to automatically deduct payment from the given credit/debit card account until he/she revokes such authorization. The payments shall be charged at the start of each billing cycle, which shall be dependent on the agreed products/plans. After the processing of payment, SugboDoc shall reach out to the cardholder if his/her payment is successful or not. PayMongo shall not be held liable for SugboDoc's failure to notify the cardholder regarding the payment status. The cardholder further acknowledges and agrees that the billing cycle and amount to be deducted are dependent on the instructions made by SugboDoc to PayMongo.
4. Non-Commercial and Proper Use of SugboDoc
You may use SugboDoc for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "Law"). SugboDoc reserves the right to deny or suspend your access to SugboDoc in the event of actual or potential misuse of SugboDoc. You agree that you will not use SugboDoc as a substitute or replacement for professional medical advice, diagnosis or treatment. You will not post or transmit a message under a false name, or use the network resources of SugboDoc to impersonate another person or misrepresent an authorization to act on behalf of others or SugboDoc. All messages transmitted via SugboDoc should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use SugboDoc or post or view information. You shall not undermine the security or integrity of computing systems or networks of SugboDoc, or those accessed through or with the product of SugboDoc, and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses SugboDoc. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Site or SugboDoc. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of SugboDoc. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting. You further agree that any information you provide or use on the Site, and your use of SugboDoc will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or another proprietary, publicity, or privacy rights of any party, including such rights of said parties. SugboDoc maintains the right to delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of Law, copyright, trademark or other intellectual property or ownership right of any other person or institution.
5. Third-Party Advertisers
SugboDoc may allow third-party advertisers to advertise in the SugboDoc Site. SugboDoc does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. SugboDoc does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that SugboDoc is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. SugboDoc is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that SugboDoc is not liable or responsible for any claim or loss due to or attributable to third-party advertisers.
6. Limitations on Use and Disclaimer of Warranties.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. SugboDoc PROVIDES SUGBODOC ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. SugboDoc MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT SUGBODOC. TO THE EXTENT PERMITTED BY LAW, SugboDoc DISCLAIMS IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. SugboDoc DOES NOT GUARANTEE THAT SUGBODOC OR ITS INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, ACCURATE, TIMELY, USEFUL, ADEQUATE, COMPLETE OR SUITABLE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, AND ANY SERVICE INTERRUPTION CAUSED BY SugboDoc. SugboDoc IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF DATA CARRIED OVER LOCAL OR INTERCHANGE TELECOMMUNICATION CARRIERS.
You understand and agree to assume the potential risks associated with the use of SugboDoc, such as but not limited to the following:
(a) In some instances, the information you have provided may not be sufficient for the Licensed Physician to provide the appropriate medical information;
(b) Delays in assessment and advice could occur due to failure of the electronic systems;
(c) In some instances, your failure to provide accurate and/or complete medical records to the Licensed Physician may result in adverse drug reactions or allergic reactions or other judgment errors;
(d) You may expect the anticipated benefits from the use of the medical information or healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.
(e) Your Licensed Physician or Registered Healthcare Provider, in his or her sole discretion and professional judgment may determine that his/her medical information or healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her medical information or healthcare services to you through SugboDoc.
(f) Temporary interruptions in service may occur in connection with the use of SugboDoc.
You acknowledge and agree that SugboDoc is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall SugboDoc be responsible for electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur (regardless of the matter, media, material or form thereof), incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information (regardless of the matter, media, information or form thereof), technical failures of any kind, inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise. Nothing in SugboDoc is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by SugboDoc. Licensed Physicians are not employees of SugboDoc and are directly responsible for the quality and appropriateness of the medical information and healthcare services they render directly to you. SugboDoc disclaims all liabilities for the acts or omissions of any provider providing medical information or health care to customers of SugboDoc. SugboDoc makes no representation or warranty as to the content of any medical information or healthcare response from any Licensed Physician. You and the Licensed Physician are solely responsible for all information or communication exchanged during a medical consultation. SugboDoc does not guarantee that a medical consultation through an ICT facility is the appropriate course of treatment for your particular health care problem or concern. SugboDoc will take commercially reasonable precautions to protect against the failure of our equipment and software. You acknowledge and agree that, while SugboDoc may perform regular back-ups of all data stored, SugboDoc shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of the restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of SugboDoc.
7. Limitation of Liability
If you choose to use SugboDoc, you must do so at your own risk. Under no circumstance will SugboDoc be liable to you for, and you hereby knowingly and voluntarily release SugboDoc from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of SugboDoc, your inability to use SugboDoc irrespective of the cause of that inability, any delay in or interruption of your use of SugboDoc regardless of the cause of the delay or interruption, any corruption of any data that is transmitted by you to SugboDoc via SugboDoc, or transmitted by SugboDoc to you by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to SugboDoc in connection with SugboDoc, or any other act, omission, matter or thing whatsoever having to do with SugboDoc. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that SugboDoc’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the amount of the last subscription price paid by you for one (1) month.
8. Indemnification
You agree to defend, indemnify, and hold harmless SugboDoc from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of SugboDoc, your subscription, your breach of this Agreement, the relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to SugboDoc, any License Physician, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
9. Force Majeure
SugboDoc shall not be liable for any damage, claims, liabilities, losses, costs, and expenses arising out of the delay or interruption of its performance of any obligations due to any act of God, the act of governmental authority, the act of a public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond SugboDoc's reasonable control.
10. Term and Termination
You are allowed to use SugboDoc for the term of this Agreement as indicated in your SugboDoc subscription plan. Notwithstanding such term, your breach of this Agreement, including non-payment for SugboDoc, will result automatically in the immediate termination of this Agreement by SugboDoc, without prejudice to SugboDoc's available remedies under the Law. SugboDoc reserves the right to terminate your use of SugboDoc if you breach this Agreement or for any other reason in SugboDoc’s discretion. It is agreed and understood that prior resort to arbitration is not required for the above automatic and immediate termination of this Agreement. You waive any right to insist on a prior resort to arbitration to the fullest extent allowed under applicable law. If you dispute or question such termination, you agree that pending determination of the validity or effectivity of the termination, SugboDoc’s obligations under the Agreement, except those which are intended to survive the termination or expiration of the Agreement, shall be deemed suspended. You further understand that you will shoulder all costs of the proceedings, including attorney’s fees, should the termination be found to be proper. The provisions on Indemnification, Limitation of Liability and the Data Privacy Policy stated herein shall survive the termination of this Agreement.
11. Notices
Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to SugboDoc. Any written notices or other communications to SugboDoc will be addressed and sent to SugboDoc Technologies Inc., 941-3 Nasipit, Talamban, Cebu City, Philippines 6000.
12. Relationship and No Thirty Party Rights
This Agreement does not, in any case, create a doctor-patient relationship between you and SugboDoc. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement on any person other than you and SugboDoc.
13. Assignment and No Waiver
You may not assign or transfer this Agreement. SugboDoc may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder. Failure of any of the parties to insist in one or more instances on the strict performance of any of the covenants of this Agreement or to exercise any portion hereof contained, shall thereafter not be construed as abandonment or cancellation or waiver of such covenant or option by the party who failed to enforce the strict performance of the provisions of this Agreement. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives its rights under this Agreement.
14. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
15. Changes to the Terms of Use
SugboDoc may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on SugboDoc's “Terms and Conditions” link on the Site (www.sugbodoc.com). If you continue to use SugboDoc after SugboDoc makes changes to the provisions of this Agreement, you are signifying your acceptance of the revised Agreement. You are responsible for checking these terms and conditions periodically for any changes.
16. Separability
If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any law, such provision to the extent possible shall be interpreted in such a manner to comply with such law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.
17. Governing Law and Dispute Resolution
For any action not subject to arbitration, you and SugboDoc agree to submit to the exclusive jurisdiction of the Philippines. The Terms and the relationship between you and SugboDoc shall be governed in all respects by the laws of the Philippines, without regard to its conflict of law provisions.