How can we help?

mWell Support

Get in touch with our team

Send us a message

How can we help?

mWell Support

Get in touch with our team

Send us a message

FAQs

Telemedicine

What is mWell PH?

mWell PH, a fully owned subsidiary of Metro Pacific Investments Corporation, is a fully integrated health app committed to providing quality healthcare. It's the fastest-growing health app in the Philippines supported by partner-doctors from top hospitals and clinics. It offers online doctor consultation—both for on-call teleconsultation and by appointment

mWell has recently won Best Initiative in Technological Innovation in The Asset ESG Corporate Awards, one of the world’s leading and longest-running honors in the environmental, social, and corporate governance (ESG) space.

What are the product features of mWell PH?

mWell is designed to empower you to take control of your health and wellness so you feel better and live better every day. We provide the following:

  1. 24/7 online consultations with our doctors on call.
  2. By appointment online consultations with our primary care and specialized doctors.
  3. The mWellness score – a free health tracker that monitors your physical health by measuring your step count, physical activity, sedentary behavior, and sleep.

How do I setup an account?

To set up an account:

  1. Download the mWell PH app through Google Play Store (for Android users) or on the Apple Store (for iOS users)
  2. Register with your email address, or log in directly with your Facebook ID, Google ID or Apple ID.
  3. Enter your Full Name, Birthdate, Gender, and Age.
  4. Anyone who is 18 years old and above can create an account.

How can I retrieve my account if I forgot my email address or my password?

Unfortunately, we cannot recover your email address for you. We are working on adding a self-service email recovery feature.

To recover your password, go to the email login screen and click “Forgot Password”. Enter your registered email address and wait for the email with the link to reset your password

Who handles online consultations?

Medical consultations are performed by licensed doctors from a range of specializations. You can check their credentials by clicking the “Specialists” icon on the Home tab of the mWell PH app. You can also view the doctor’s profile when scheduling a telemedicine consultation.

How do I schedule an online consultation?

a.    Click on the “Consult Now”or “Consult Later” icon on the “Home” tab.

b.    Select your preferred doctor and schedule for the consultation.

c.    Type in your personal information, the reason for the consultation.

d.    Select your payment method and confirm your appointment by entering your payment details and click on “Pay Now”.

e.    Once the payment process is done, you will receive a confirmation email for your consultation.

 

How do I enter my online consultation?

a.    Click on the “Consult Now”or “Consult Later” icon on the “Home” tab

b.    You can see your upcoming appointments on the “Appointment” tab.

c.    You may enter the consultation room 15 minutes before the scheduled appointment.

d.    Please allow 3 minutes from the time of appointment for your doctor to come in. You will be refunded fully of your payment should the doctor fail to come in within the grace period.

e.    You will be given a 3-minute grace period to come in from your appointment time. Should you fail to come in within the allowable period, you will be charged 100% for the missed consultation.

f.     Click “Join” to start your online consultation.

 

How do I get a follow-up consultation with the same doctor?

To check the name of the doctor you previously consulted with:

  1. Click on the “Appointment” tab.
  2. Click the “Completed” tab on the Appointment page to view your appointment
  3. Click on the Doctor Card.
  4. Select your preferred doctor and timeslot for the follow-up consultation
  5. Indicate that the new appointment is a follow-up consultation on the “What are the reasons for the visit?” section

How do I pay for the consultation?

We accept payments via Debit/Credit Card or PayMaya. The app also securely saves your payment method. When booking an online consultation, you can click on the default payment method on the lower left of the screen to add or choose a different payment method.

Can my senior citizen discount, persons with disability discount or HMO coverage be applied to the online consultation?

We are currently working to integrate these features into our app. Please keep your app updated and stay tuned to our social media accounts for the latest features and services.

Where can I access my medical certificate, referral letter, e-Prescription and/or e-Laboratory?

The app takes note of your activity after each online consultation. To access your consultation records:

  1. Click on the “Appointment” tab.
  2. Click the “Completed” tab on the Appointment page to view your completed appointments.
  3. Select the appointment to view the summary of your consultation, your e-Prescriptions, and any advice from your doctor.
  4. Your medical certificate, referral letter, and e-Laboratory request will be sent via email after the consultation.

Can I use the online consultation for emergency cases?

No, the use of our service or application is not intended for emergency health cases. If you think you need immediate medical attention, please go to the nearest hospital or emergency room.

Can I get a refund for my online consultation?

You are entitled to a refund if you meet any of the following circumstances:

a. You are entitled to 100% refund if you cancel your appointment 6 hours or more before your appointment; 50% refund if you cancel your appointment more than 1 hour but less than 6 hours from your appointment. For more information, please refer to table below.

b. The healthcare provider canceled the appointment.

c. The healthcare provider failed to enter the consultation within 10 minutes from the time of your scheduled appointment

 

Can I reschedule or cancel my appointments?

  1. You may reschedule or cancel your consultation at least six (6) hours before the appointment without any charges.
  2. Charges will apply for cancellations and rescheduling done below 6 hours from your appointment time.

To reschedule your appointment:

  1. Click on the “Appointment” tab.
  2. Click the “Upcoming” tab on the Appointment page to view your upcoming appointments.
  3. Click Reschedule and select a new date and time.

To cancel your appointment:

  1. Click on the “Appointment” tab.
  2. Click the “Upcoming” tab on the Appointment page to view your upcoming appointments.
  3. Click Cancel and provide the reason for cancellation.

Can I use the online consultation as an alternative for in-person examinations or diagnostic procedures?

No, you need to personally visit a clinic or a hospital for consultations that require examinations or diagnostic procedures that can only be performed by an in-person physician.

Do you have an e-Pharmacy?

Our e-Pharmacy for essential over-the-counter and prescription medicines is coming very soon! Please continue to update your app and follow us on our social media profiles for the latest features and updates.

I have questions about the app. Who should I get in touch with?

You can contact us at support@mwell.com.ph for any inquiries.

Where can I view your Terms and Conditions and Data Privacy Policy?

You may check the Terms and Conditions and Privacy Policy sections below

mWell Advanced

Whom do I contact if I have a problem with my account?

For other questions and clarifications please feel free to reach out to us anytime at support@mwell.com.ph.

Why is mWellMD the best option for EMR and clinic management systems?

It is the cutting-edge Electronic Medical Records (EMR) and clinic management system designed by doctors for doctors. It is available through the web and through our mobile app.

How can doctors benefit from mWellMD Advanced?

Empowers Doctors by helping them manage their practice with more efficient workflows, provide instant access to patient records, irrespective of their physical location, review patient information, medical history, test results, and treatment plans conveniently from their computers or mobile devices anytime anywhere.

How to avail of mWellMD Advanced subscription packages?

To avail mWellMD Advanced subscription plan.

  • Proceed to the EMR screen.
  • Add credit card or debit card details.
  • Choose which plan is right for you. Your card will be auto-debited every month or every 13 months depending on the plan.

Note that if you purchase a new plan while another subscription is currently active, your new plan will begin the day after the expiry date of the current subscription.

What will happen to the doctor's subscription once the 60-day trial expires?

After the 60-day free trial has ended, access to mWellMD Advanced is restricted to subscribers. Note that teleconsultation processes via mWellMD Basic will still be made available even after the 60-day free trial period.

To continue using your mWellMD Advanced, you may subscribe using the following rates:

-Php1,900 per month

-Php 22,800 per year with free 1 month.

What are the subscription packages you offer?

Here’s the mWellMD Advanced Electronic Medical Records (EMR) and clinic management system subscription offerings:

-Php1,900 per month

-Php 22,800 per year with free 1 month.

Is there a promo in mWellMD Advanced?

Yes, we offer a 60-day free trial for first sign-up. To avail the 60-day free trial register in mWellMD Advanced click this link: https://platform.mwell.com.ph/ and the documents needed are the following:

1. Image of PRC ID (jpeg)  

2. Professional Profile Photo (Close up photo wearing your coat and without distracting background)  

3. Signature (image of signature: black ink on white background)   

4. Identity Document (Any of the following: PRC, Hospital ID, Passport, Driver's License)  

5. Medical Practicing Certificate (PRC license certification/Hospital Practice Certification/School Diploma) Optional.

Once logged in, there should be a button called "EMR". From there, an option to start the 60-day free trial should be made available.

How to register in mWellMD Advanced?

To register in mWellMD Advanced, click this link: https://platform.mwell.com.ph/ . The documents needed are the following:

1. Image of PRC ID (jpeg)  

2. Professional Profile Photo (Close up photo wearing your coat and without distracting background)  

3. Signature (image of signature: black ink on white background)   

4. Identity Document (Any...PRC, Hospital ID, Passport, Driver's License)  

5. Medical Practicing Certificate (PRC license certification/Hospital Practice Certification/School Diploma) Optional.

What are the features of mWellMD Advanced?

mWellMD Advanced is the cutting-edge Electronic Medical Records (EMR) and clinic management system exclusive features:

-Unlimited number of patients

-Unlimited storage

-5 Clinics, 5 Staff accounts.

-Digitalized patient records, history, and monitoring

-Daily schedule management

-Appointment booking for office clinics

-Important images and documents management

-Bills Monitoring

-Staff accounts management

-Patient referrals

-Inpatient tracking

-Basic analytics and dashboards

What is mWellMD Advanced?

mWellMD Advanced is the cutting-edge Electronic Medical Records (EMR) and clinic management system designed by doctors for doctors. It is available through the web and through our mobile app.

mWell Advanced Mobile

How to add a Patient?

  1. Click "Add" tab in the navigation bar at the bottom of the screen
  2. Select "Patient"
  3. Fill in the Patient details.
  4. Click "Add Patient"
  5. The patient should reflect under the "My Patients" tab.

How to view a Patient’s profile?

  1. Navigate to the “My Patients” section.
  2. Locate the Patient whose profile you want to view. You can search for a patient’s name on the search bar or scroll through the list of patients.
  3. Click on the Patient’s tab
  4. The Patient’s Profile containing the patient’s information should be displayed.

How to view a Patient’s Medical History?

  1. Navigate to the “My Patients” section.
  2. Locate the Patient whose medical history you want to view. You can search for a patient’s name on the search bar or scroll through the list of patients.
  3. Click on the Patient and click on the “Medical History” tab
  4. View the patient’s medical history such as allergies, surgical history, medication history, immunization history, family medical history, and personal and social history.

How to view a Patient’s Clinical Documentation?

  1. Navigate to the “My Patients” section.
  2. Locate the Patient whose medical history you want to view. You can search for a patient’s name on the search bar or scroll through the list of patients.
  3. Click on the Patient and click on the “Clinical Documentation” tab
  4. Scroll through the list of documents or search for a certain document in the search bar.
  5. Select a document to view more information about it.

How to edit a Patient’s details?

  1. Navigate to the “My Patients” section.
  2. Locate the Patient whose details you want to edit. You can search for a patient’s name on the search bar or scroll through the list of patients.
  3. Click on the Patient
  4. Select the “Edit Profile” button.
  5. Update the Patient details.
  6. Click “Update Patient”
  7. The new details should be saved on the system and reflected on the Patient’s Profile.

How to delete a Patient’s profile?

  1. Navigate to the “My Patients” section.
  2. Locate the Patient whose profile you want to view. You can search for a patient’s name on the search bar or scroll through the list of patients.
  3. Click on the Patient’s tab
  4. Select “Delete”
  5. In the Confirmation pop-up, select “Yes” to delete the patient from the system.
  6. The patient should now be removed from the list of patients.

How to View Inpatient Profile?

  1. On the home tab, click the Inpatient Button on the upper right corner.
  2. Click the name of the patient you want to view.
  3. You may now view the profile of your patient.

How to View and Filter Inpatient Profile?

  1. On the home tab, click the Inpatient Button on the upper right corner.
  2. Click on the filter logo beside the search bar.
  3. Set filters. You may now view the inpatient profile based on the filter.

How to Add a Patient to Inpatient?

  1. On the home tab, click the Outpatient Button on the upper left below your name.
  2. Click the name of the patient you want to add as inpatient.
  3. Click the Manage Patient Button.
  4. A pop up message will appear, click the "Add to Inpatient" Button
  5. Fill out all required fields and Click Submit.

How to Edit Inpatient Details?

  1. Click the “Inpatients” tab on the Home page
  2. Locate the Patient whose details you want to edit. You can search for a patient’s name on the search bar or scroll through the list of patients.
  3. Click on the Patient
  4. Click on the “Manage Patient” button
  5. Update inpatient details
  6. Click “Submit”
  7. The new details should be saved on the system and reflected on the Inpatient’s Profile.

How to View Outpatient Profile?

  1. On the home tab, click the Outpatient Button on the upper left below your name.
  2. Click the name of the patient you want to view.
  3. You may now view the profile of your patient.

How to View and Filter Outpatient Profile?

  1. On the home tab, click the Outpatient Button on the upper right corner.
  2. Click on the filter logo beside the search bar.
  3. Set filters. You may now view the outpatient profile based on the filter.

How to Add an Appointment?

  1. Navigate to the “My Patients” section.
  2. Locate the Patient whose details you want to edit. You can search for a patient’s name on the search bar or scroll through the list of patients.
  3. Click on the Patient and select the “Add Appointment” button.
  4. Fill in the Appointment details.
  5. Click “Add Appointment”
  6. Review the details and click “Confirm”
  7. The appointment should be saved on the system.

How to Cancel an Appointment?

  1. Locate the Patient that you wish to cancel an appointment for. You can search for a patient’s name on the search bar or scroll through the list of patients.
  2. Click on the Patient and click “Cancel”
  3. Type in reason for cancellation
  4. Click “Confirm”
  5. The appointment for the patient should now be removed.

How to Switch to the Advanced Plan?

Click the “Switch to Advanced” Button in the Upper right corner

How to View Subscription?

  1. Click the Settings Button on the lower right of the navigation bar.
  2. Click the MwellMD Advanced Button below your name.
  3. You can now view your current plan for your application.

How to Cancel my Subscription?

In Android,

  1. On the settings tab, click the mWellMD Advanced subscription details
  2. Scroll down your current subscription
  3. Click cancel subscription
  4. Your subscription is now canceled, you’ll be able to use mWellMD Advanced up until your subscription expiry

Note: The cancellation of subscription is only available when you have existing paid subscriptions.

In IOS,

  1. Go to emr.mwellmd.com.ph and login your account
  2. In the My Profile section, select account management to view your subscription
  3. <add the instructions for advanced web>

How to Subscribe to a Paid Subscription?

In Android,

  1. On the settings tab, click the mWellMD Advanced subscription details
  2. Scroll down your current subscription
  3. Click continue subscription
  4. Click subscribe to mWellMD Advanced
  5. Select your subscription plan of either monthly or annual subscription
  6. Click subscribe to mWellMD Advanced on your selected subscription plan
  7. A pop up will appear, to confirm your the amount and subscription plan
  8. Click continue subscription
  9. Input your card details and tick the terms and conditions
  10. You are now subscribed to mWellMD Advanced

In IOS,

  1. Go to emr.mwellmd.com.ph and login your account
  2. In the My Profile section, select account management to view your subscription
  3. <add the instructions for advanced web>

How to switch to MD Teleconsultation?

  1. Navigate to the “Settings” tab
  2. Click the “Switch to mWell MD” Button

mWellness Score

My sleep data in the mWell PH app is not accurate. What does that mean?

There may be issues related to sleep zones that we will need to review. Remember to enter your usual wake-up time and bedtime on the mWell PH app so we can show more accurate daily sleep data.

For more questions related to data inaccuracies in the app, write to us at support@mwell.com.ph with your account information and supporting screenshots so we can investigate further.

Who can see my mWellness Score and other data?

Only you can view your mWellness Score and other data like steps and exercise times. If you’re enrolled in any of the Challenges, all participants within the same period can view the average of your data – e.g. average step count for Steps - as shown in the leaderboard.

You can write to us at support@mwell.com.ph if you wish to withdraw from any of the challenges.

I don’t have any smart watch or fitness tracker, how can I generate an mWellness score?

The mWell app will rely on your phone data, your Google Fit and Apple Health data, to produce your daily mWellness Score. If you need further assistance, please feel free to contact support@mwell.com.ph

Why is my mWell PH app reflecting different data from my fitness tracker/ Google Fit/ Apple Health?

Your fitness tracker needs to be updated to make sure that mWell receives your latest activity data. Depending on the fitness tracker and app used, it may take up to 24 hours for activity data to be sent by your connected fitness tracker app to mWell app. The mWell app also considers the information you entered in your Profile for sleep along with data generated by your phone.

What fitness trackers can I connect to the mWell PH app?

Other than mWellness Wearables, Fitbit or Garmin, you may connect the other fitness tracker app to Google Fit for Android phones, or to Apple Health for iPhones. If you have no fitness tracker, your mWellness Score will be calculated from the activity data collected by your phone. Yesterday’s activity data makes up today’s mWellness Score.

What apps am I required to connect to the mWell PH app to generate my mWellness Score?

The mWell PH app needs your permission to connect to Google Fit or Apple Health before generating your mWellness Score. After connecting either of the app, you can choose to connect your mWellness Wearables, Fitbit, Garmin fitness tracker, if it's available.

How do I improve my mWellness Score?

Getting a good mWellness Score is as simple as improving your steps count, doing at least 30 minutes exercise, staying active throughout day (sit for less than 8 hours), getting 7 to 9 hours of sleep daily, and doing light activity for the rest of the day.

How do I generate my mWellness Score?

You can generate your daily mWellness Score by clicking on the "mWellness Score" icon on the homepage and following the onboarding process. You will be asked to provide profile information and grant permission to connect to health apps like Google Fit and Apple Health.

How to set-up my mWellness Score?

With just your smartphone, you can generate your daily mWellness Score. Just click on the "mWellness Score" icon on the homepage and follow the onboarding process. You will be asked to provide profile information and grant permissions to connect to a health app like Google Fit or Apple Health. After connecting either app, you can choose to connect your Fitbit or Garmin fitness tracker.

What is mWellness Score?

The mWellness Score is a digital biomarker for health and longevity. It is calculated by analyzing the amount of exercise, light physical activities, steps, sedentary behaviour, and sleep you take daily. Yesterday’s activity data makes up today’s mWellness Score, and so forth.

The mWellness Score ranges from 1 to 99. Maintaining a score of 80+ will lower your risk of developing chronic diseases such as diabetes and cardiovascular disease. On the other hand, scoring consistently below 60 indicates a poor physical lifestyle which may pose significant health risks and could lead to the onset of chronic diseases.

Your mWellness Score is a good indicator of how your lifestyle impacts your health. A good mWellness Score indicates a healthy lifestyle.

Fitness & Nutrition

I have questions about the fitness and nutrition programs. Who should I get in touch with?

You can contact us at support@mwell.com.ph for any inquiries.

Can I access the healthy recipes without joining a program?

Yes, you can enjoy the healthy recipes available in the app without joining a program and following a meal plan.

What's available in the Nutrition selection of the mWell PH app?

mWell offers a variety of healthy and nutritious recipes crafted by nutritionists and dietitians. The recipes include a calorie count and nutritional information. These can be filtered based on meal types (e.g. breakfast, snack), cook times, and dietary preferences (e.g. low sodium, vegetarian.)

How do I switch programs?

In “My Plan,” click the top-right icon to show the Change Your Program screen. Click on the program you want to join and click Personalize Your Program. You will see a prompt telling you that you will lose access to your current program upon switching. Accept this prompt and you can begin your new program. As a rule, every user can join only one program at a time.

How do I join a fitness and nutrition program?

To find the fitness and nutrition programs available on the mWell PH app, click on the Fitness icon in the Homepage. Click on any of the programs available and tap on Personalize Your Program to input your fitness information and get access to your very own plan.

What are the fitness and nutrition programs available in the mWell PH app?

mWell offers 3 core get-healthy programs and 6 special, milestones programs. Core get-healthy programs are transformation programs which help you start and sustain your fitness achievements, while milestones programs are time-specific programs which help you achieve a specific goal like pre-natal fitness or completing a marathon. All programs are designed and approved by Olympians, exercise physiologists, and health experts.

Joining a program gives you access to a weekly plan with a daily workout video, daily workout plan, daily meal plan, and weekly mindfulness video. Every user can join only one program at a time. This program can be accessed in “My Plan.”

eShop

  1. Locate the Patient that you wish to reschedule an appointment for. You can search for a patient’s name on the search bar or scroll through the list of patients.
  2. Click on the Patient and click “Reschedule”
  3. Pick a new date and click “Confirm”
  4. The date of the appointment should now be updated.

1. What’s the Healthsavers Plan P399?

The Healthsavers Plan 399 gives you one video consult with FREE medical certificate, e-prescription, lab referral you will receive right on your app right after the consultation. Simply choose our partner-doctors with the mWell badge.

With the Healthsavers Plan P399, you also get free personal accident coverage worth P20,000 and more insurance benefits from Generali, subject to Generali’s eligibility requirements.

The Healthsavers Plan P399 is valid for 30 days upon purchase.

2. How do I use my Healthsavers Plan P399?

After successful purchase, you may find your Healthsavers Plan P399 on the profile section. Click the “Use Now” button to use your Plan when booking a consultation.

3. I ordered a Healthsavers Plan P399. How can I activate my complimentary Generali insurance?

If you purchased a Healthsavers Plan, Generali will send you an email confirming activation of your free life and personal accident coverage within 24 hours, subject to Generali’s eligibility requirements.

If you bought multiple Healthsavers Plans, only 1 Generali insurance will be activated and registered automatically under your name. The complimentary Generali insurance is non-transferable.

4. I purchased directly from PhilCare/ Generali on the shop. How long will it take before I receive my PhilCare plan/ Generali insurance
(GenWell 195, GenWell 390, GenWell 580)?

You can expect to receive an email from PhilCare/ Generali with your health plan details or from Generali with confirmation of insurance activation within 1-2 business days.

5. How do I activate my purchase?

If you ordered a PhilCare product, please expect an email from PhilCare containing the e-voucher needed to activate your PhilCare plan. You can then head over to https://philcare.com.ph/prepaid-card/register to input the information and view your health plan benefits.

If you purchased one (1) Generali insurance product, please expect an email from Generali confirming the activation of your insurance. You should receive this email within 1-2 business days. If you bought multiple products from Generali, Generali will send you an email confirming the other policyholders' details before activation, within 24 hours.

For further inquiries, email support@mwell.com.ph.

6. Can I cancel/ refund my Healthsavers Plan?

The Healthsavers Plan and all inclusions (e.g. free Generali insurance) are non-refundable and not convertible to cash.

7. Can I cancel/ refund my PhilCare plan?

You may cancel any unused PhilCare plan within a period of 15 days from receipt of the e-voucher. The membership coverage shall be terminated thereafter. Please view the product details of your specific purchase to learn more about the corresponding cancellation/ refund guidelines.

Once cancellation has been confirmed, payment excluding transaction fees will be refunded via bank transfer within 30 calendar days from confirmed cancellation. This period may change depending on your bank’s processing time.

8. Can I cancel/ refund my Generali insurance(GenWell 195, GenWell 390, GenWell 580)?

You may cancel your Generali insurance on any 1 of the following grounds:

  1. The date this Policy terminates; or
  2. The date of expiration of the grace period for any unpaid premium due on his insurance; or
  3. The date the Insured Individual is separated from whatever cause from the Policyholder; or
  4. The policy anniversary following the Insured Individual’s sixty-sixth (66th) birthday; or
  5. The date the Insured Individual enters military, air, or naval service.
  6. Please view the product details of your specific purchase to learn more about the corresponding cancellation/ refund guidelines.
  7. Would you be adding more items on the e-shop?
  8. Definitely. Please stay tuned for more products coming your way!
  9. Are essential over-the-counter and prescription medicines available on the e-shop?
  10. Our e-pharmacy will be available on the app soon! Please continue to update your app and follow us on our social media pages for the latest features and updates.
  11. I have questions about my purchase. Who should I get in touch with?
  12. You can contact us at support@mwell.com.ph for any inquiries.

Terms & Conditions

General

These terms and conditions (“Terms of Use”) constitute a legally binding agreement made between you (“you”, “your”) and Metro Pacific Health Tech Corporation doing business under mWell PH (the “Company”, “we”, “us”, or “our”), concerning your access to and use of our mobile application (the “Application”, “mWell PH”), products available to you through the Application, as well as any services we may provide through this Application and the telehealth and digital health platform provided by, among others, ePLDT, Inc., PayMaya Philippines Inc., etc., (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.

1. Acceptance of Terms of Use

These Terms of Use set out the legally binding terms of your use of and subscription to the Service. By using the Service, you acknowledge that you have read and understood, and you accept and agree to be bound by the terms, conditions, and notices contained or referenced in these Terms of Use.

2. Availment of Service / Use of the Application

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 (as defined in Section 12), 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 employeremployee 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.

3. Fees and Purchase Terms

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.

4. 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 telemedicine including, but not limited to, inaccurate diagnosis arising from inaccurate information provided by you or the inherent limitations of telemedicine 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 internet speed of at least 5 megabytes per second (5 mbps) and the following minimum technical specifications for use of the telemedicine services:

a. iOs devices must be able torun at least iOS13 or newer.

b. iPhones must be at least iPhone 6 or newer.

c. Androd devices must be able to run at least Android 8.0 or newer.

5. 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.

6. Telemedicine Booking

You may book for another person other than yourself provided that you are duly authorized by such person, or you are such person’s parent or legal guardian. By scheduling a telemedicine consultation on behalf of another person, you hereby represent and warrant that (a) you are duly authorized to arrange for the telemedicine consultation on behalf of the patient, (b) that you are duly authorized to provide the personal data of the patient to the Company and/or the healthcare provider and (c) that the patient has accepted the Company’s Privacy Policy. Upon request of the Company or the healthcare provider, you shall provide proof of authority and/or consent of the concerned individual. If such person is of legal age and is not incapacitated to give consent, refuses with these Terms of Use and/or our Privacy Policy, you cannot proceed with the booking. You acknowledge that the Company and/or the healthcare provider has the authority to end any telemedicine consultation in case there is reasonable basis to believe that you are not authorized to book the telemedicine consultation on behalf of the concerned individual, and you are not entitled to any refund or compensation in such event.

7. Telemedicine Processing Fee/Booking Fee

You understand that the Company shall charge you fees for transaction processing of in the amount of at least One Hundred Pesos (PhP100.00) per telemedicine consultation booked through the Application. Subject to these Terms of Use, the Company reserves the right to change the transaction processing fee. By continuing to avail of the Service, you consent to the change in the transaction processing fee. To withdraw your consent, you must deactivate your account in the Application.

8. Rescheduling of Appointment, Cancellation and Refund

a. Reschedule and Cancellation

You may reschedule or cancel your appointment at least six (6) hours before the designated time and you will not incur any cancellation fee. If you reschedule and/or cancel less than six (6) hours before your scheduled appointment, you will be charged the amount equivalent to fifty percent (50%) of the consultation fee.

Failure to attend an appointment without cancelling or rescheduling the same in accordance with these Terms of Use shall make you liable to pay one hundred percent (100%) of the consultation fee.

You will not be charged in the event that the healthcare provider cancels your booking.

b. Refund

You are entitled to a refund only in the following circumstances: (a) you cancelled your booking six (6) hours before the scheduled appointment; (b) the healthcare provider cancelled the appointment; (c) the healthcare provider failed to show up for the scheduled appointment; (d) you are dissatisfied with any service-related matter; or (e) in case of emergency, where you are advised that your case warrants immediate medical attention. To complete your refund, you must contact customer support through the Application. This will be investigated thoroughly by our team and we will notify you of the results via email or through the Application.

Refunds will be paid through bank transfer. We will not issue any refunds by bank transfer unless you provide your bank account details. Refunds will be credited your account within forty-five (45) business days depending on your bank’s processing time.

Refunds shall only include the Professional Fee and the Booking Fee. Transaction Fees of our payment channels will not be included in the refund.

c. Late Telemedicine Appointment

If you connect more than ten (10) minutes late to your telemedicine appointment, your appointment will be cancelled. You may reschedule your appointment with your healthcare provider.

You understand that your healthcare provider may be attending to a prior telemedicine appointment when you connect. You expressly agree to stay on the call for a few minutes to give the healthcare provider the opportunity to attend your scheduled appointment.

d. Lost Internet Connection

If your internet connection is lost during a telemedicine appointment, you will be asked to reschedule the same. You understand that a stable and secure internet connection is required for telemedicine appointments.

9. mWell Shop

a. Health Plans and Insurance Products

Health plans and insurance products are obligations only of the insurance companies. Your application for insurance is directly with the insurance companies, and the delivery of the product is not done by us. We do not act on your behalf nor on behalf of the insurance companies, and we do not solicit applications for insurance nor engage in activities of, and is not an insurance aggregator, insurance agent, general agent or broker of the insurance companies, as defined under applicable law. We do not have any access to the insurance companies’ computer and systems.

As such, the insurance companies will directly deal and correspond with you to request for additional information or documentation if any shall be required, address any questions or concerns on the insurance product purchased, and deliver the product that you purchased

Cancellation and refund periods of insurance products and health plans, shall be those stated on each product description. You are eligible for cancellations and refunds if you make a cancellation request within the said period. Cancellation requests must be sent to support@mwell.com.ph.

Refunds will be paid through bank transfer. We will not issue any refunds by bank transfer unless you provide your bank account details. Refunds will be credited your account within forty-five (45) business days or depending on your bank’s processing time. Transaction Fees of our payment channels will not be included in the refund.

10. 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.

11. 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.

12. Intellectual Property

The Service, the Application and all proprietary and intellectual property rights therein are and shall be owned by the Company. All rights reserved.

13. 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.

14. 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.

15. Third-Party Content and Sites

The Services may include third-party content and links to other websites that are not owned by the Company, including the telehealth and digital health platform provided by our partners, including, CareSpan Asia Inc., ePLDT, Inc., PayMaya Philippines Inc., TELUS Global Solutions Ltd., (“Third-Party Content and Sites”). By accessing the ThirdParty Content and Sites, you agree to the terms and conditions of these Third-Party Content and Sites and agree to hold harmless and release the Company and CareSpan Asia Inc., its shareholders, subsidiaries, affiliates, officers, directors, employees and representatives from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of Third-Party Content and/or Sites.

16. 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.

17. General

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of each Section. Our failure to act with respect to a breach by you or other user does not waive our right to act with respect to subsequent or similar breaches. Sections 21 (Limitation of Liability) and 22 (Indemnity) shall survive any termination or expiration of these Terms of Use, and your availment of the Service or access and/or use of the Application.

18. 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.

19. 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 Fifty Thousand Pesos (PhP50,000).

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.

20. 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 (e) 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.

21. 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.

22. 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 Site or 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 telemedicine 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:

  1. You and the Beneficiary, if any, are qualified to avail of the Services as provided in this Clause;
  2. You and the Beneficiary, if any, use the Service on your own initiative;
  3. You and the Beneficiary, if any, are responsible for compliance with local laws;
  4. You and the Beneficiary, if any, understand that the Application’s telemedicine 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
  5. You and the Beneficiary, if any, indemnify the Company from any responsibility for such use by you in accordance with Section 20 of these Terms of Use.

23. 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.

24. 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.

25. Conflicts with Translation

In case of any conflicts with the Filipino translation of these Terms of Use, the English version shall prevail.

For any concern, please e-mail us at support@mwell.com.ph so we can help you accordingly.

Sa pamamagitan ng pagbili at pag-access sa mga mWell telemedicine services, sumasang-ayon kang sumailalim sa Mga Tuntunin at Kundisyon na ito, dagdag pa sa Mga Tuntunin ng Paggamit ng mWell PH:

A. Bisa

Kapag kinumpirma mo ang iyong pagbayad para sa telemedicine consultation, ikaw ay itinuturing na wastong nag-book ng telemedicine appointment sa schedule na iyong pinili.

B. Cancellation at Refund

Mga “On-call” na Telemedicine Consultations Kung kakanselahin mo ang iyong on-call consultation habang nasa waiting room, awtomatikong ire-refund ang iyong bayad sa iyong account. Kapag nagsimula na ang iyong on-call consultation, hindi na maibabalik ang iyong bayad.

Mga "Consult Later" Telemedicine Consultation

  1. Maaari mong kanselahin ang iyong appointment anim (6) na oras bago ang iyong nakatakdang konsultasyon. Awtomatikong ire-refund nang buo sa iyong account ang iyong bayad.
  2. Kung kakanselahin mo ang iyong appointment nang wala pang anim (6) na oras (less than 6 hours) bago ang iyong nakaiskedyul na konsultasyon, 50% lamang ng iyong bayad ang awtomatikong ibabalik sa iyong account.
  3. Kung pumasok ka sa konsultasyon sa loob ng unang tatlong (3) minuto ng iyong nakatakdang appointment at hindi dumating ang iyong doktor, ang iyong bayad ay buong ibabalik sa iyong account.
  4. Ikaw ay mahuli o ma-late ng hanggang 3 minuto sa iyong nakatakdang appointment. Kung hindi ka makarating sa iyong appointment sa oras na ito, hindi ka na makakapasok sa consultation at ang iyong bayad ay hindi maibabalik sa iyong account.

C. Paglipat

  1. Maaari kang mag-book ng telemedicine consultation para sa mga tao maliban sa iyong sarili, na gagamit ng iyong account para kumonsulta sa isang doktor. Pakitandaan na sa ilalim ng aming Mga Tuntunin ng Paggamit, ginagarantiyahan mo na nauunawaan at pumapayag ang naturang tao na sumunod sa Mga Tuntunin ng Paggamit at Privacy Policy ng mWell.

Para sa anumang katanungan, mangyaring mag-e-mail sa amin sa support@mwell.com.ph upang matulungan ka namin nang naaayon.

Telemedicine

By purchasing and accessing the mWell telemedicine services you agree to be bound by these Terms and Conditions, in addition to mWell PH’s Terms of Use:

A. Validity

When you confirm your payment for telemedicine consultation, you are considered to have validly booked a telemedicine appointment on the schedule you chose.

B. Cancellations and Refund

“On-call” Telemedicine Consultations If you cancel your on-call consultation while in the waiting room, your payment will be fully refunded to your account automatically. Once your on-call consultation starts, your payment will be considered as non-refundable.

“Consult Later” Telemedicine Consultations

  1. You may cancel your appointment six (6) hours before your scheduled consultation. Your payment will be fully refunded to your account automatically.
  2. If you cancel your appointment less than six (6) hours before your scheduled consultation, 50% of your payment will be refunded to your account automatically.
  3. If you enter the consultation within the first three (3) minutes of your scheduled appointment and your doctor misses the appointment, your payment will be fully refunded back to your account.
  4. You are allowed to enter their consultation up until 3 minutes after their scheduled appointment. Failure to do so will restrict access to consultation and your payment will not be refunded to your account.

C. Transfer

  1. 1. You may book a telemedicine consultation for persons other than yourself, who will be using your account to consult with a doctor. Please note that under our Terms of Use, you warrant that such person understands and consents to be bound by mWell’s Terms of Use and Privacy Policy.

For any concern, please e-mail us at support@mwell.com.ph so we can help you accordingly.

Sa pamamagitan ng pagbili at pag-access sa mga mWell telemedicine services, sumasang-ayon kang sumailalim sa Mga Tuntunin at Kundisyon na ito, dagdag pa sa Mga Tuntunin ng Paggamit ng mWell PH:

A. Bisa

Kapag kinumpirma mo ang iyong pagbayad para sa telemedicine consultation, ikaw ay itinuturing na wastong nag-book ng telemedicine appointment sa schedule na iyong pinili.

B. Cancellation at Refund

Mga “On-call” na Telemedicine Consultations Kung kakanselahin mo ang iyong on-call consultation habang nasa waiting room, awtomatikong ire-refund ang iyong bayad sa iyong account. Kapag nagsimula na ang iyong on-call consultation, hindi na maibabalik ang iyong bayad.

Mga "Consult Later" Telemedicine Consultation

  1. Maaari mong kanselahin ang iyong appointment anim (6) na oras bago ang iyong nakatakdang konsultasyon. Awtomatikong ire-refund nang buo sa iyong account ang iyong bayad.
  2. Kung kakanselahin mo ang iyong appointment nang wala pang anim (6) na oras (less than 6 hours) bago ang iyong nakaiskedyul na konsultasyon, 50% lamang ng iyong bayad ang awtomatikong ibabalik sa iyong account.
  3. Kung pumasok ka sa konsultasyon sa loob ng unang tatlong (3) minuto ng iyong nakatakdang appointment at hindi dumating ang iyong doktor, ang iyong bayad ay buong ibabalik sa iyong account.
  4. Ikaw ay mahuli o ma-late ng hanggang 3 minuto sa iyong nakatakdang appointment. Kung hindi ka makarating sa iyong appointment sa oras na ito, hindi ka na makakapasok sa consultation at ang iyong bayad ay hindi maibabalik sa iyong account.

C. Paglipat

  1. Maaari kang mag-book ng telemedicine consultation para sa mga tao maliban sa iyong sarili, na gagamit ng iyong account para kumonsulta sa isang doktor. Pakitandaan na sa ilalim ng aming Mga Tuntunin ng Paggamit, ginagarantiyahan mo na nauunawaan at pumapayag ang naturang tao na sumunod sa Mga Tuntunin ng Paggamit at Privacy Policy ng mWell.

Para sa anumang katanungan, mangyaring mag-e-mail sa amin sa support@mwell.com.ph upang matulungan ka namin nang naaayon.

Healthsavers

mWell HealthSavers Plan 399 Terms and Conditions

By purchasing and accessing the mWell HealthSavers Plan 399 (the “Plan”), you agree to be bound by these Terms and Conditions, in addition to mWell PH’s Terms of Use:

  1. Each purchase of the Plan entitles you to one (1) Consult Now credit, valid for thirty (30) days from date of purchase. Any unused credits shall be forfeited.
  2. You are also entitled to a Generali Plan 20 coverage, valid for thirty (30) days from activation date. Activation date is within 24 hours after purchase of the Plan. If you fail to meet Generali’s eligibility requirements, the coverage is forfeited. The terms and conditions of the Generali Plan 20 may be found here.
  3. The Consult Now credits may only be used to consult with mWell Doctors, who are identifiable through the mWell logos on their profile pictures.
  4. You may not cancel your consultation. But if the mWell Doctor misses or cancels the consultation or if the consultation is cancelled due to a verified mWell server-related technical issue, your Consult Now credit will be credited back to your account.
  5. The Plan is non-refundable and not convertible to cash. The two (2) Consult Now credits can be transferred to another mWell user only if none of the credits have been used.
  6. Generali Plan 20 coverage cannot be transferred. If you purchased multiple Plans, only one Generali Plan 20 will be activated, and this will automatically be registered in your name.
  7. You are only allowed to have one active Generali Plan 20 at a time. If you purchase a new Plan while a previous Generali Plan 20 still has at least 2 days of validity left, the new Generali Plan 20 is automatically forfeited.

For any concern, please e-mail us at support@mwell.com.ph so we can help you accordingly.

Doctors and Psychologists

These terms and conditions (“Terms of Use”) constitute a legally binding agreement made between you (“you”, “your”) and Metro Pacific Health Tech Corporation Doing business under mWell PH (the “Company”, “we”, “us”, or “our”), concerning your access to and use of our mobile application (the “Application”, “mWell PH”) as well as services we may provide through this Application and the telehealth and digital health platform provided by us and by our third party business partners, among others, CareSpan Asia, Inc., ePLDT, Inc., PayMaya Philippines Inc., TELUS Global Solutions Ltd., (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.

1. Acceptance of Terms of Use

These Terms of Use set out the legally binding terms of your use of and subscription to the Service. By using the Service, you acknowledge that you have read and understood, and you accept and agree to be bound by the terms, conditions, and notices contained or referenced in these Terms of Use.

2. Availment of Service / Use of the Application

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 (as defined in Section 7), 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.

3. Guiding Principles

The following principles govern these Terms of Use for physicians:

    a. Telemedicine services shall follow the standards of practice of medicine as defined under (i) Republic Act No. 2382 (the “Medical Act”), (ii) its Implementing Rules and Regulations, (iii) the DOH-DILG-PHIC Joint Administrative Order No. 2021-0001 (the “Guidelines on the Implementation of Telemedicine in the Delivery of Individual-Based Health Services”), (iv) rules and regulations of any regulatory body, (v) rules and regulations of professional associations of practitioners, and (vi) other applicable policies and guidelines, taking into account the absence of physical contact;

   b. The patient-physician relationship shall be based on full knowledge of the patient's medical history and a physical examination given the circumstances of a lack of physical contact. Telehealth shall be employed when a licensed physician is physically inaccessible in the management of chronic health conditions, or follow-up check-ups after initial treatment;

    c. The patient-physician relationship shall be founded on mutual trust and respect in which they both identify themselves reliably during a telemedicine consultation. In case the patient is referred to a health facility, the physician who initially sees the patient shall be responsible for the coordination of care;

    d. Emergency and serious conditions, where face-to-face assessment and physical contact are most essential, should not be managed via telemedicine; and

    e. The use/implementation of telemedicine shall respect the universal principles of ethics, legal standards, and guiding principles on primacy of human rights and protection of health privacy as defined by Philippine laws, international instruments, rules, and other applicable policies.

The following principles govern these Terms of Use for psychologists:

    a. Online consultations shall follow the Code of Ethics and Professional Standards for Psychology Practitioners in the Philippines under Professional Regulatory Board of Psychology Resolution No. 11 Series of 2017, and shall comply with the requirements for the practice of psychology under Republic Act No. 10029 (the “Psychology Act of 2009”) and other applicable policies and guidelines;

    b. The client-psychologist relationship shall be founded on mutual trust and respect in which they both identify themselves reliably during an online consultation. In case the patient is referred to a physician or a health facility, the physician who initially sees the patient shall be responsible for the coordination of care;

    c. Emergency and serious conditions, where face-to-face assessment and physical contact are most essential, should not be managed via online consultation; and

    d. The use/implementation of online consultation shall respect the universal principles of ethics, legal standards, and guiding principles on primacy of human rights and protection of health privacy as defined by Philippine laws, international instruments, rules, and other applicable policies.

4. Representations and Warranties

    If you are a physician, you represent and warrant that:

       a. All the information you provided to us are true and correct in all material respects;

       b. You are duly licensed to practice medicine by the Professional Regulation Commission;

       c. You are a member in good standing of the Philippine Medical Association;

       d. You have the specialized skills, expertise and experience to provide medical advice to the users on this background;

       e. You have no pending or decided cases and/or complaint for medical negligence and/or medical offenses; and

       f.  You comply with all applicable laws and regulations while using the Application or while providing services through the Application.

    If you are a psychologist, you represent and warrant that:

       a. All the information you provided to us are true and correct in all material respects;

       b. You are duly licensed by the Professional Regulatory Board of Psychology to engage in the Practice of Psychology as defined under the Psychology Act of 2009;

       c. You have the specialized skills, expertise and experience to provide psychological advice to the users;

       d. You have no pending or decided cases with the Professional Regulatory Board of Psychology; and

       e. You comply with all applicable laws and regulations while using the Application or while providing services through the Application.

5. Obligations of Doctors and Psychologists

    If you are a physician, you undertake to:

       a. conduct yourself in a professional manner and shall observe the International Code of Medical Ethics and the Code of Ethics as approved by the Philippine Medical Association;

       b. comply with all laws and regulations relating to the practice of medicine;

       c. comply with applicable industry standards imposed by the Department of Health, including standards and regulations for Coronavirus (COVID-19);

       d. comply with other relevant laws, including, but not limited to, the Data Privacy Act of 2012 and its implementing rules and regulations (“DPA”);

       e. comply with the standards for personal data protection as set by the National Privacy Commission (“NPC”) and the Department of Information and Communications Technology in the collection and processing of health information and management of privileged communication for telemedicine services;

       f. uphold and protect at all times the data privacy rights of every patient or individual who will consult through telemedicine;

       g. comply with all guidelines that MPHTC shall prescribe in connection with the use of the Application;

       h. make yourself available at the days and times scheduled for teleconsultations;

       i. maintain skills, qualifications, eligibility and other information and requirements, including status in good standing as a licensed medical professional;

       j. provide telemedicine consultations personally, and not delegate the same to any other person;

       k. verify the identity of the patient at the start of a telemedicine consultation;

       l. protect and respect the right to privacy of the patients and Users at all times, and secure the consent of the patient before any video or audio recording of the telemedicine consultation is allowed;

      m. exercise professional judgment and discretion in gathering the type and extent of patient information required to be able to exercise proper clinical judgment, at all times in compliance with the DPA;

       n. provide the same level of care as in a face-to-face consultation to Users of the Applications, subject to the intrinsic limitations of telemedicine consultations;

       o. request the User for a face-to-face consultation if in your professional judgment the same is appropriate in a given situation and the specific conditions of the User;

       p. recognize and deem equivalent the electronic clinical abstract, consultation summary, prescription, and referral form issued by the physician for all intents and purposes;

       q. keep records of all electronic clinical abstracts/consultation summaries, prescriptions and/or referral forms issued in coordination with us;

        r. issue electronic prescriptions in accordance with FDA Circular No. 2020-007 and any subsequent FDA guidelines; and

       s. ensure, at all times, that patient confidentiality, privacy, and data integrity are not compromised.

    If you are a psychologist, you undertake to:

       a. conduct yourself in a professional manner and shall observe the Code of Ethics and Professional Standards for Psychology Practitioners in the Philippines;

       b. comply with all laws and regulations relating to the practice of medicine;

       c. comply with applicable industry standards for the provision of online psychological consultations;

       d. comply with other relevant laws, including, but not limited to, the Data Privacy Act of 2012 and its implementing rules and regulations (“DPA”);

       e. comply with the standards for personal data protection as set by the National Privacy Commission (“NPC”) and the Department of Information and Communications Technology in the collection and processing of health information and management of privileged communication for online psychological services;

       f. uphold and protect at all times the data privacy rights of every patient or individual who will consult through telemedicine;

      g. comply with all guidelines that MPHTC shall prescribe in connection with the use of the Application;

      h. make yourself available at the days and times scheduled for consultations;

       i. maintain skills, qualifications, eligibility and other information and requirements, including status in good standing as a licensed psychologist;

       j. provide consultations personally, and not delegate the same to any other person;

       k. verify the identity of the client at the start of a consultation;

       l. protect and respect the right to privacy of the patients and Users at all times, and secure the consent of the patient before any video or audio recording of the consultation is allowed;

       m. exercise professional judgment and discretion in gathering the type and extent of client information required to be able to exercise proper clinical judgment, at all times in compliance with the DPA;

       n. provide the same level of care as in a face-to-face consultation to Users of the Applications, subject to the intrinsic limitations of online consultations;

       o. request the User for a face-to-face consultation if in your professional judgment the same is appropriate in a given situation and the specific conditions of the User;

       p. keep records of all electronic clinical abstracts/consultation summaries, and/or referral forms issued;

       q. ensure, at all times, that client confidentiality, privacy, and data integrity are not compromised.

6. Professional Fee

You shall receive your professional fee from the Users net of the Company’s commission. The fees, payment options and payment schedules are set and determined exclusively by us and may be changed in our sole discretion. You are solely responsible for paying any and all applicable tax in relation to your use of the Application.

7. Privacy Policy

The Company’s Privacy Policy (the “Privacy Policy”), as may be amended from time to time and may be accessible through 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 to the extent necessary to inform the users of the identity of their telemedicine consultation provider, to render telemedicine services, upon your request, if the same is necessary to comply with legal, statutory, or investigative law enforcement requirements, or as otherwise provided in the Privacy Policy.

8. 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.

9. Intellectual Property

The Service, the Application and all proprietary and intellectual property rights therein are and shall be owned by the Company. All rights reserved.

10. 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

11. 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, internet connection problems or downtime, 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 or requirement of any 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.

12. Third-Party Content and Sites

The Services may include third-party content and links to other websites that are not owned by the Company, including the telehealth and digital health platform provided by, among others, CareSpan Asia Inc., ePLDT, Inc., PayMaya Philippines Inc., TELUS Global Solutions Ltd., (“Third-Party Content and Sites”). By accessing the Third-Party Content and Sites, you agree to the terms and conditions of these Third-Party Content and Sites and agree to hold harmless and release the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees and representatives from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of Third-Party Content and/or Sites.

13. 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.

14. 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, your acts in using the Application, including: (a) any wrong medication, treatment or medical negligence; (b) any misrepresentation, misconduct or inappropriate behavior; (c) cancellation or rescheduling of booked appointment or any variance in the fees charged; and (d) any direct or indirect medical eventualities that might occur subsequent to the provision of your service to the Users through the Application. 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 Application.

15. Limitation on Liability

Other than in case of our fraud or gross negligence, 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 we have 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 our aggregate liability for any damages, losses, fees, charges, expenses or liabilities shall not exceed Fifty Thousand Pesos (PhP 50,000.00) or the total amount of your unpaid fees in our possession, whichever is higher.

In the event of any problem with the Service and/or the Application, you agree that your sole remedy is to cease the availment of the Service and/or use of the Applications.

16. 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.

17. Data Sharing Agreement

You hereby agree that the Users’ or patients’ (“Data Subjects”) data that you will obtain from us in the course of using the Service may include Personal Information and/or Sensitive Personal Information as defined under the DPA, including their name, age, gender, medical information and medical history, health complaints, vital signs, results of laboratory examinations and other information necessary for diagnosis (“Data”). You agree that the Data collected, processed and shared pursuant hereto shall be processed and shared exclusively for the purpose of your performance of services contemplated herein, unless otherwise expressly allowed under the DPA.

You acknowledge that the Data will be shared between you and us through the Application which are encrypted and has security features that will prevent unauthorized access. You will not transmit any document containing Data through facsimile or other unencrypted means.

You agree that you will (a) not disclose, trade, sell or transfer any Data to any person without our prior written instruction; (b) not use or process the Data except in connection with the purposes provided herein; (c) as applicable, allow Data Subjects to access and correct the Data in your custody and to exercise their rights under the DPA, (d) notify us if you receive from us any Data that is not covered by this clause, and (e) comply with our Cybersecurity Policy.

Each of you and us represents and warrants that (a) the collection and processing of Data contemplated herein adheres to the principles of transparency, legitimate purpose and proportionality, (b) we will fully comply with the provisions of these Terms of Use and the DPA, (c) these Terms of Use shall be made available for review of the NPC in cases required under the DPA; and (d) the rights of the Data Subjects shall be upheld without compromising data integrity.

We represent and warrant that (a) prior to collecting the Data, or prior to the sharing of the Data, we will secure the consent of the Data Subject with respect to the collection and further processing of the Data and the sharing, storage, transfer and transmission of the same in accordance with these Terms of Use. We will secure the Data Subject’s consent through written, electronic or recorded means, and (b) we will provide the following information to the Data Subjects prior to the collection or sharing of Data, (i) identity of the third parties who will be given access to the Data, (ii) purpose of the data sharing, (iii) categories of Data concerned, (iv) intended recipients of categories of recipients of the Data, (v) existence of the rights of the Data Subjects, including the right to access and to correct the Data, and the right to object to Data sharing or further processing, (vi) if applicable, the automated processing of the Data for profiling, and (vii) other information that would sufficiently notify the Data Subject of the nature and extent of Data sharing and manner of processing.

Each of you and us will implement reasonable and appropriate physical, technical, and organizational measures for the protection of Data, with the aim to maintain the availability integrity and confidentiality of Data and protect them against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

In the event of a Personal Data Breach involving the Data while the same is being processed by you or is in your custody or control, you agree to immediately notify us in writing, and in no case later than six (6) hours upon knowledge of the same, or when you have reasonable belief that a Personal Data Breach has occurred. Your notification shall describe the nature of the breach, the type of Data possibly involved, the list of Data Subjects involved, the possible risks, harm or damage to the Data Subjects and the measures taken by you to address the breach. You agree to include as well your assessment of whether there is a need to notify the NPC and the Data Subjects of the breach for our consideration.

This specific clause shall be co-terminus with the Terms of Use which constitutes a legally binding agreement between us, provided that this Clause 17 and any extension thereof shall in no case be for more than five (5) years.

Upon the termination of your availment of the Service, or upon our request, you shall promptly destroy, dispose or surrender to us, as applicable, the Data and other information and documents containing the Data in your possession and if requested by us, you agree to certify that the Data and/or copies thereof in your possession have been destroyed, disposed of, surrendered or returned in compliance with this paragraph.

As applicable, each of you and us shall ensure that the following rights of the Data Subjects are upheld:

    a. Availability of these Terms of Use

        A copy of these Terms of Use may be accessed by a Data Subject through email upon written request, provided that the parties have a right to prevent the disclosure of any detail or information that could endanger the security measures set out herein or expose to harm the integrity, availability, or confidentiality of Data under its control or custody.

    b. Access to Information

        Upon the request of a Data Subject, the concerned party may release to the requesting Data Subject the following information with respect to his Data:

  • Contents of his/her Data that were processed;
  • Sources from which his/her Data were obtained;
  • Names and addresses of the recipients of his/her Data;
  • Manner by which his/her Data was processed;
  • Reasons for the disclosure of his/her Data to recipients, if any;
  • Date when his/her Data was last accessed or modified; and
  • The identity and address of the owner of the Data.

    c. Correction of Data

        The concerned party may provide to the Data Subject the means and methods whereby the Data Subject may dispute the inaccuracy or error in the Data and correct the Data immediately and accordingly, unless the request is vexatious or otherwise unreasonable. The concerned Party shall inform the other Party of the correction or rectification.

     d. Deletion of Data

       The concerned Party may provide to the Data Subject the means and methods whereby the Data Subject may order the blocking, removal, or destruction of his/her Data.

    e. Remedies

       The concerned party may provide to the Data Subject the means and methods whereby the Data Subject may report any security breach or violation of his rights with respect to the processing of his/her Data, as well as the procedures whereby such reports are timely and adequately addressed.

18. 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.

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.

19. 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.

For any concern, please e-mail us at support@mwell.com.ph so we can help you accordingly.

Wellness

By accessing the mWell Wellness Services (the “Services”) you agree to be bound by these Terms and Conditions, in addition to mWell PH’s Terms of Use:

  1. Personal and Other Data
  2. When you use our Services, you provide us with personal data that we use to update services and personalize the features for you. We make sure that your personal data is well protected in the mWell platform and that they are only used to the extent necessary to provide you our Services in the best possible manner.
  3. Please note that if you permit us to access and analyze your activity data (e.g. step count, sleep data) from your smartphone or other connected fitness trackers or apps, such data will continue to stay with those apps which generate them. We only analyze said data to generate your mWellness Score and grant access to other linked features. We do not generate activity data on our own.
  4. Permissions
  5. We shall request certain data and permissions from you before certain actions are taken, such as generating an mWellness Score or updating the leaderboard in a Steps challenge. These data and permissions include, but are not limited to:
  6. Your lifestyle information (e.g. activity level, dietary preferences)
  7. Connecting the mWell PH app to your Google Fit/ Apple Health account, whichever is applicable
  8. Connecting the mWell PH app to your fitness tracker (i.e.Fitbit, Garmin)
  9. By giving us permission, you can enjoy access to a daily mWellness Score, fitness challenges, and other wellness features like workout plans and healthy recipes. These permissions extend to our trusted partners who help us provide the Services.

For any concern, please e-mail us at support@mwell.com.ph so we can help you accordingly.

Advocacy

mWell Advocacy Terms and Conditions

These terms and conditions (“Terms of Use”) constitute a legally binding agreement made between you (“you”, “your”) and Metro Pacific Health Tech Corporation Doing business under mWell PH (the “Company”, “we”, “us”, or “our”), concerning your access to and use of our mobile application (the “Application”, “mWell PH”) as well as services we may provide through this Application and the telehealth and digital health platform (collectively, the “Service”) for purposes of your participation in our health advocacy efforts. You agree that by using the Application, 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.

Acceptance of Terms of Use

These Terms of Use set out the legally binding terms of your use of and subscription to the Service. By using the Service, you acknowledge that you have read and understood, and you accept and agree to be bound by the terms, conditions, and notices contained or referenced in these Terms of Use.

Availment of Service / Use of the Application

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 as defined in Section 7.

Guiding Principles

The following principles govern these Terms of Use:

Telemedicine services shall follow the standards of practice of medicine as defined under Republic Act No. 2382 (the “Medical Act”), its Implementing Rules and Regulations, and other applicable policies and guidelines, taking into account the absence of physical contact;

The patient-physician relationship shall be based on full knowledge of the patient’s medical history and a physical examination given the circumstances of a lack of physical contact. Telemedicine shall be employed when a licensed physician is physically inaccessible in the management of chronic health conditions, or follow-up check-ups after initial treatment;

The patient-physician relationship shall be founded on mutual trust and respect in which they both identify themselves reliably during a telemedicine consultation. In case the patient is referred to a health facility, the physician who initially sees the patient shall be responsible for the coordination of care;

Emergency and serious conditions, where face-to-face assessment and physical contact are most essential, should not be managed via telemedicine; and

The use/implementation of telemedicine shall respect the universal principles of ethics, legal standards, and guiding principles on primacy of human rights and protection of health privacy as defined by Philippine laws, international instruments, rules, and other applicable policies.

Representations and Warranties

You represent and warrant that:

All the information you provided to us are true and correct in all material respects, and you consent to the Company’s processing of the same for purposes of your participation in mWell’s health advocacy campaign;

You are duly licensed to practice medicine by the Professional Regulation Commission;

You are a member in good standing of the Philippine Medical Association;

You have the specialized skills, expertise and experience to provide medical advice to the users on this background;

You have no pending or decided cases and/or complaint for medical negligence and/or medical offenses; and

You comply with all applicable laws and regulations while using the Application or while providing services through the Application.

Obligations of Doctors

You undertake to:

conduct yourself in a professional manner and shall observe the International Code of Medical Ethics and the Code of Ethics as approved by the Philippine Medical Association;

comply with all laws and regulations relating to the practice of medicine;

comply with applicable industry standards imposed by the Department of Health, including standards and regulations for Coronavirus (COVID-19);

comply with other relevant laws, including, but not limited to, the Data Privacy Act of 2012 and its implementing rules and regulations (“DPA”);

comply with the standards for personal data protection as set by the National Privacy Commission (“NPC”) and the Department of Information and Communications Technology in the collection and processing of health information and management of privileged communication for telemedicine services;

comply with all guidelines that MPHTC shall prescribe in connection with the use of the Application;

make yourself available at the days and times scheduled for teleconsultations;

maintain skills, qualifications, eligibility and other information and requirements, including status in good standing as a licensed medical professional;

provide telemedicine consultations personally, and not delegate the same to any other person;

verify the identity of the patient at the start of a telemedicine consultation;

protect and respect the right to privacy of the patients and Users at all times, and secure the consent of the patient before any video or audio recording of the telemedicine consultation is allowed;

exercise professional judgment and discretion in gathering the type and extent of patient information required to be able to exercise proper clinical judgment, at all times in compliance with the DPA;

provide the same level of care as in a face-to-face consultation to Users of the Applications, subject to the intrinsic limitations of telemedicine consultations;

request the User for a face-to-face consultation if in your professional judgment the same is appropriate in a given situation and the specific conditions of the User;

recognize and deem equivalent the electronic clinical abstract, consultation summary, prescription, and referral form issued by the physician for all intents and purposes;

keep records of all electronic clinical abstracts/consultation summaries, prescriptions and/or referral forms issued in coordination with us; and

issue electronic prescriptions in accordance with FDA Circular No. 2020-007 and any subsequent FDA guidelines.

Professional Fee

By taking part in mWell’s health advocacy campaign, you acknowledge that the telemedicine consultations you perform will be free of charge. Accordingly, neither you nor mWell shall collect any fees for such telemedicine consultations performed under mWell’s health advocacy campaign.

Privacy Policy

The Company’s Privacy Policy (the “Privacy Policy”), as may be amended from time to time and may be accessible through the Application, is hereby incorporated by reference to these Terms of Use.

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.

Intellectual Property

The Service, the Application and all proprietary and intellectual property rights therein are and shall be owned by the Company. All rights reserved.

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 while you avail the Service or use the Application. 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.

Third-Party Content and Sites

The Services may include third-party content and links to other websites that are not owned by the Company, including the telehealth and digital health platform provided by, among others, CareSpan Asia Inc., ePLDT, Inc., TELUS Global Solutions Ltd., (“Third-Party Content and Sites”). By accessing the Third-Party Content and Sites, you agree to their terms and conditions and agree to hold harmless and release the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees and representatives from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of Third-Party Content and/or Sites.

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.

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, your acts in using the Application, including: (a) any wrong medication, treatment or medical negligence; (b) any misrepresentation, misconduct or inappropriate behavior; and (c) any direct or indirect medical eventualities that might occur subsequent to the provision of your service to the Users through the Application. 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 Application.

Limitation on Liability

Other than in case of our fraud or gross negligence, 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 we have 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 our aggregate liability for any damages, losses, fees, charges, expenses or liabilities shall not exceed Fifty Thousand Pesos (PhP 50,000.00) or the total amount of your unpaid fees in our possession, whichever is higher.

In the event of any problem with the Service and/or the Application, you agree that your sole remedy is to cease the availment of the Service and/or use of the Applications.

Data Sharing Agreement

You hereby agree that the Users’ or patients’ (“Data Subjects”) data that you will obtain from us in the course of using the Service may include Personal Information and/or Sensitive Personal Information as defined under the DPA, including their name, age, gender, medical information and medical history, health complaints, vital signs, results of laboratory examinations and other information necessary for diagnosis (“Data”). You agree that the Data collected, processed and shared pursuant hereto shall be processed and shared exclusively for the purpose of your performance of services contemplated herein, unless otherwise expressly allowed under the DPA.

You acknowledge that the Data will be shared between you and us through the Application which are encrypted and has security features that will prevent unauthorized access. You will not transmit any document containing Data through facsimile or other unencrypted means.

You agree that you will (a) not disclose, trade, sell or transfer any Data to any person without our prior written instruction; (b) not use or process the Data except in connection with the purposes provided herein; (c) as applicable, allow Data Subjects to access and correct the Data in your custody and to exercise their rights under the DPA, (d) notify us if you receive from us any Data that is not covered by this clause, and (e) comply with our Cybersecurity Policy.

Each of you and us represents and warrants that (a) the collection and processing of Data contemplated herein adheres to the principles of transparency, legitimate purpose and proportionality, (b) we will fully comply with the provisions of these Terms of Use and the DPA, (c) these Terms of Use shall be made available for review of the NPC in cases required under the DPA; and (d) the rights of the Data Subjects shall be upheld without compromising data integrity.

We represent and warrant that (a) prior to collecting the Data, or prior to the sharing of the Data, we will secure the consent of the Data Subject with respect to the collection and further processing of the Data and the sharing, storage, transfer and transmission of the same in accordance with these Terms of Use. We will secure the Data Subject’s consent through written, electronic or recorded means, and (b) we will provide the following information to the Data Subjects prior to the collection or sharing of Data, (i) identity of the third parties who will be given access to the Data, (ii) purpose of the data sharing, (iii) categories of Data concerned, (iv) intended recipients of categories of recipients of the Data, (v) existence of the rights of the Data Subjects, including the right to access and to correct the Data, and the right to object to Data sharing or further processing, (vi) if applicable, the automated processing of the Data for profiling, and (vii) other information that would sufficiently notify the Data Subject of the nature and extent of Data sharing and manner of processing.

Each of you and us will implement reasonable and appropriate physical, technical, and organizational measures for the protection of Data, with the aim to maintain the availability integrity and confidentiality of Data and protect them against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

In the event of a Personal Data Breach involving the Data while the same is being processed by you or is in your custody or control, you agree to immediately notify us in writing, and in no case later than six (6) hours upon knowledge of the same, or when you have reasonable belief that a Personal Data Breach has occurred. Your notification shall describe the nature of the breach, the type of Data possibly involved, the list of Data Subjects involved, the possible risks, harm or damage to the Data Subjects and the measures taken by you to address the breach. You agree to include as well your assessment of whether there is a need to notify the NPC and the Data Subjects of the breach for our consideration.

This specific clause shall be co-terminus with the Terms of Use which constitutes a legally binding agreement between us, provided that this Clause 16 and any extension thereof shall in no case be for more than five (5) years.

Upon the termination of your availment of the Service, or upon our request, you shall promptly destroy, dispose or surrender to us, as applicable, the Data and other information and documents containing the Data in your possession and if requested by us, you agree to certify that the Data and/or copies thereof in your possession have been destroyed, disposed of, surrendered or returned in compliance with this paragraph.

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.

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.

For any concern, please e-mail us at support@mwell.com.ph so we can help you accordingly.

Privacy Policy

mWellMD

 mWellMD Terms of Use

These terms and conditions (“Terms of Use”) constitute a legally binding agreement made between you (“you”, “your”) and Metro Pacific Health Tech Corporation Doing business under mWell PH (the “Company”, “we”, “us”, or “our”), concerning your access to and use of the mWellMD electronic medical record management system (the “Platform”) whether on a free-trial or paid subscription basis and through either its web-based or mobile application version. You agree that by using the Platform, 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 Platform. 

  1. Acceptance of Terms of Use

These Terms of Use set out the legally binding terms of your use of and subscription to the Platform. By using the Platform, you acknowledge that you have read and understood, and you accept and agree to be bound by the terms, conditions, and notices contained or referenced in these Terms of Use. 

  1. Availment and Use of the Platform

You will avail of the Platform and use the Application only for legitimate and lawful purposes, and in accordance with these Terms of Use as well as the general Terms of Use and Privacy Policy governing the mWell PH mobile application available through this link https://www.mwell.com.ph/support

You agree and acknowledge that any information you provide to us in availing or using the Platform is true, accurate, current, and complete and will not contain any malicious data or software, including, but not limited to viruses, malware, adware, spyware, ransomware, or worms. 

You further acknowledge that unauthorized users may attempt to obtain access to and damage your data. The Company shall not be responsible for such activities by third parties, other than to the extent that we will ensure our own compliance with Philippine law. Furthermore, we cannot control the transmission of data online, particularly from your network and other parts of the internet, as such transmission of data shall depend on your network, or the availability of third party websites. While the Company will exert commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, we cannot guarantee that such events will not occur and we disclaim any liability resulting from or relating to such events.

The Company does not have control over the performance of internet service providers or third-party content and links to other websites that are not owned by the Company, which may appear in the Platform including platforms provided by our partners and service providers, including but not limited to, ePLDT, Inc., PayMaya Philippines Inc., TELUS Global Solutions Ltd. (“Third-Party Content and Sites”). 

  1. Guiding Principles 

The following principles govern these Terms of Use:

  1. Your management of patient records shall follow the standards of practice of medicine as defined under Republic Act No. 2382 (the “Medical Act”), its Implementing Rules and Regulations, and other applicable policies and guidelines;

  1. Your management of patient records shall follow ethical standards defined under the International Code of Medical Ethics and the Code of Ethics as approved by the Philippine Medical Association; and

  1. Your use of the Platform shall respect the universal principles of ethics, legal standards, and guiding principles on primacy of human rights and protection of health privacy as defined by Philippine laws (including, but not limited to, R.A. No. 10173, otherwise known as the Data Privacy Act and its implementing rules and regulations and the relevant rules and regulations of the Department of Health), international instruments, rules, and other applicable policies.

  1. You shall comply with any and all rules and regulations that may be applicable to your retention and deletion of patient data such as, but not limited to, Department of Health Circular No. 70 series of 1996, and the Health Privacy Code Implementing Joint Administrative Order No. 2016-0002.  

  1. The Platform

Subject to these Terms of Use, the Company grants you a non-exclusive, non-transferable, non-sub-licensable right to use the mWellMD patient electronic record management platform, with the following general features that will allow you to:

  1. collect, store, modify, organize, and delete patient data;

  1. add new patients, create appointments, create health records, create doctor’s notes;

  1. receive customer support for any concerns while using the Service, through the following channels: instant messaging, in-app notifications, and e-mail support;

  1. such other features as the Company may provide from time to time. 

The Platform shall be free of charge for the first 60 days from your subscription (the “Trial Period”). After the Trial Period, the provisions in Section 8 shall apply. Each doctor shall be entitled to only one Trial Period and re-installing tor creating a new account in the Platform shall not entitle you to another Trial Period. 

  1. Representations and Warranties

You represent and warrant that:

  1. All the information you provided to us, including your patients’ data, are true and correct in all material respects;

  1. You are duly licensed to practice medicine by the Professional Regulation Commission;

  1. You are a member in good standing of the Philippine Medical Association;

  1. You have no pending or decided cases and/or complaint for medical negligence and/or medical offenses; and

  1. Your Obligations

You undertake the following:

  1. To comply with all laws and regulations relating to the practice of medicine and the use of the Platform;

  1. To comply with other relevant laws, including, but not limited to, the Data Privacy Act of 2012 and its implementing rules and regulations (“DPA”);

  1. To comply with the standards for personal data protection as set by the National Privacy Commission (“NPC”) and the Department of Information and Communications Technology in the collection and processing of health information and management of privileged communication;

  1. To use the Platform solely and exclusively for the intended purpose;

  1. To uphold and protect at all times the data privacy rights of every patient;

  1. To ensure that you have the necessary right, consent, and authority to collect, process, store, upload, and delete your patients’ data on the Platform;

  1. To update and ensure the accuracy of your patients’ data;

  1. To comply with all guidelines that MPHTC shall prescribe in connection with the use of the Platform; 

  1. Not to: (i) duplicate, modify, decompile or reverse engineer the Platform or any features or add-on thereto for whatever reason; (ii) resell or sublicense the Platform to any third party; (iii) circumvent, or allow any third party to circumvent, any security features of the Platform; (iv) permit any third party view (other than your employees, representatives or persons acting on your behalf) to view (other than your employees, representatives or persons acting on your behalf), use, access or copy the Platform; (v) disclose, publish, sell or redistribute the Platform; 

  1. To ensure the confidentiality and security of any password, account and other identification/ access information provided with respect to the Platform;

  1. To be responsible for all use of, and activities under your account; and

  1. To ensure, at all times, that patient confidentiality, privacy, and data integrity are not compromised.

  1. The Company’s Obligations

The Company shall: 

  1. provide you customer and technical support at no additional charge, for any concerns that may arise while you avail of the Platform; 

  1. use commercially reasonable efforts to make the Service available 24/7, except for: (i) planned downtime (for which we shall give you advance notice), and (ii) any unavailability caused by circumstances beyond the Company’s reasonable control; 

  1. prompt you when your mWellMD subscription is about to expire; 

  1. allow you to download your patient data within six (6) months of the expiration of your account, after which time the Company shall delete data permanently; and

  1. maintain reasonable and appropriate administrative, physical, and technical safeguards for protection of the data stored in your mWellMD account and in accordance with our Privacy Policy.

The Company is not obliged to pre-screen, monitor or filter any data you upload on the Platform or acts of any of your data processing activities. However, if such unlawful data or unlawful processing is discovered, or if there is reason to believe that the processing of certain data is unlawful, the Company has the right to (i) deny the storage of the data in the Platform; (ii) demand that you comply with these Terms of Use and applicable law with respect to the unlawful data or unlawful processing activity; (iii) suspend your account; or (iv) temporarily or permanently remove the unlawful data from the Platform.

  1. Fees and Payment

Your free access to the Platform shall end after the Trial Period, unless you subscribe to and pay for the mWellMD Advance plan (“mWellMD Advance”) on a monthly or annual payment plan (or other payment plans as the Company may adopt from time to time). 

To subscribe to either plan, you will be requested to pay using your credit card or debit card, details of which you must provide. Your subscription to mWellMD Advance will begin on the day we receive payment. If you subscribe to and pay for mWellMD Advance during the Trial Period, your subscription to mWellMD Advance will begin on the day right after the Trial Period ends. 

If you subscribe to and pay for the monthly payment plan, your subscription will end 30 days after payment. You will be automatically charged for another month’s subscription, unless you terminate your subscription. You may also opt to renew for an annual subscription instead. 

If you subscribe to and pay for the yearly payment plan, your subscription will end 365 days after payment. You will be automatically charged for another year’s subscription, unless you terminate your subscription. You may also opt to renew for a monthly subscription instead. 

Your subscription shall be cancelled if your credit card or debit card is deemed inactive. 

All fees are non-refundable. 

The Company reserves the right to change prices for the availment and use of the Platform at any time. Notwithstanding the foregoing, the Company shall notify you of any price changes at least thirty (30) days before effective date of the price change. Existing subscriptions will be honored until the expiration of the applicable subscription term. All fees published on the Platform are VAT inclusive. 

  1. 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 Platform 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 the Platform. 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 the Platform, as the case may be. If you do not agree with any aspect of the updated Terms of Use or the Platform you must immediately cease availing or using the Platform. 

  1. Intellectual Property

The Platform and all proprietary and intellectual property rights therein are and shall be owned by the Company. All rights reserved. You shall not copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Platform or any part or element thereof, or attempt to extract the source code thereof. 

  1. Term and Termination

These Terms of Use take full force and effect on the date on which you commence availing of the Platform and shall continue unless your availment or use thereof is terminated:


  1. By you, when you do not subscribe to or renew your subscription to mWellMD Advance; or


  1. By you, when you delete your mWellMD account; or


  1. By the Company, when it deems you have committed a material breach of these Terms of Use, which breach is not cured by you in 15 days; or


  1. By the Company, for any reason, effective after 30 days’ written notice to you. 


On the effective date of the termination of your availment of the Platform, the Company shall deactivate and permanently delete your mWellMD account and archive any patient data stored therein in accordance with applicable guidelines on retention of personal data, if you decide to reactivate your account within 6 months from expiration, the Company may retrieve data you have previously provided.  


All payments due to the Company under these Terms of Use shall be paid by you within 15 days from the effective date of termination of your availment of the Platform. 


We reserve the right to suspend your account or access to the Service and Application at any time if we have reasonable grounds to believe that your continued use of our Service violates any law or regulation or may harm any third person. We reserve the right to take adequate measures to protect those third person.

  1. Force Majeure

We shall not be responsible for damages, delays, or non-performance of the Platform resulting from acts or occurrences beyond our reasonable control, including, but not limited to, fire, lightning, explosion, power surge or failure, internet connection problems or downtime, 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 or requirement of any 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. Furthermore, you acknowledge that the operation of the Internet is beyond the Company’s reasonable control, and we will not be liable for any delays or failures caused by an interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or other such transmission failure.

  1. Third-Party Content and Sites

The Platform may include Third-Party Content and Sites. By accessing the Third-Party Content and Sites, you agree to the terms and conditions of these Third-Party Content and Sites and agree to hold harmless and release the Company, its shareholders, subsidiaries, affiliates, and their respective officers, directors, employees and representatives from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of Third-Party Content and/or Sites.

  1. Disclaimer of Warranties

You acknowledge and agree that you avail and use the Platform at your own risk. The Platform 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 shareholders, subsidiaries, affiliates and their respective officers, directors, employees and representatives, 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 or use the Platform at the times or locations of your choosing; that the Platform will be uninterrupted or error-free, reliable, accurate, timely, useful, adequate, complete or suitable; that defects in the performance of Platform will be corrected; or that the Platform is free of viruses or other harmful components. 

  1. Indemnity

You agree to defend, indemnify, and hold the Company, its shareholders, subsidiaries, affiliates and their respective officers, directors, 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, your acts in using the Platform, including: (a) any wrong medication, treatment or medical negligence; (b) any misrepresentation, misconduct or inappropriate behavior; (c) cancellation or rescheduling of booked appointment or any variance in the fees charged; and (d) any direct or indirect medical eventualities that might occur subsequent to the provision of your service to your patients through the Platform. 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 Platform. 

  1. Limitation on Liability

Other than in case of our fraud or gross negligence, 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 Platform or the use of the Platform, whether based on contract, tort or any other legal theory, and whether or not we have been advised of the possibility of such damages. In addition to the foregoing, you acknowledge and agree that our aggregate liability for any damages, losses, fees, charges, expenses or liabilities shall not exceed Fifty Thousand Pesos (PhP 50,000.00) or the total amount of your subscription for one year preceding the date of the claim, whichever is higher.

In the event of any problem with the Platform, you agree that your sole remedy is to cease the availment or use thereof.

  1. 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.

  1. Data Sharing Agreement

A. Sharing of Personal Data

You hereby agree that patients’ (“Data Subjects”) data that you will upload, store, manage, or otherwise process in the Platform in the course of using the same may include Personal Information and/or Sensitive Personal Information as defined under the DPA, including their name, age, gender, medical information and medical history, health complaints, vital signs, results of laboratory examinations and other information necessary for diagnosis, consultation, or treatment plans (“Data”). You agree that the Data collected, processed and shared to the Company pursuant hereto shall be processed and shared exclusively for the purpose of managing your patients’ records.

You acknowledge that the Data will be shared between you and us through the Platform. 

The Company shall not disclose, trade, sell or transfer any Data that you have provided without your authorization. The Company shall not use or process the Data except in connection with the purposes provided herein. You shall notify us if you receive from us any Data that is not covered by this clause, and you shall comply with our Cybersecurity Policy.

Each of you and us represents and warrants that (a) the collection and processing of Data contemplated herein adheres to the principles of transparency, legitimate purpose and proportionality, (b) we will fully comply with the provisions of these Terms of Use and the DPA, (c) these Terms of Use shall be made available for review of the NPC in cases required under the DPA; and (d) the rights of the Data Subjects shall be upheld without compromising data integrity.

You represent and warrant that (a) prior to collecting the Data, or prior to the sharing of the Data, you will secure the consent of the Data Subject with respect to the collection and further processing of the Data and the sharing, storage, transfer and transmission of the same in accordance with these Terms of Use. You will secure the Data Subject’s consent through written, electronic or recorded means, and (b) you will provide the following information to the Data Subjects prior to the collection or sharing of Data: (i) identity of the third parties who will be given access to the Data, (ii) purpose of the data sharing, (iii) categories of Data concerned, (iv) intended recipients of categories of recipients of the Data, (v) existence of the rights of the Data Subjects, including the right to access and to correct the Data, and the right to object to Data sharing or further processing, (vi) if applicable, the automated processing of the Data for profiling, and (vii) other information that would sufficiently notify the Data Subject of the nature and extent of Data sharing and manner of processing.

You acknowledge that with respect to the processing of Data in the Platform, you are deemed the personal information controller, while the Company is the personal information processor. Accordingly, each of you and us will implement reasonable and appropriate physical, technical, and organizational measures for the protection of Data, with the aim to maintain the availability integrity and confidentiality of Data and protect them against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

In the event of a Personal Data Breach involving the Data while the same is being processed by us, we shall immediately notify you in writing, and in no case later than twenty-four (24) hours upon knowledge of the same, or when we have reasonable belief that a Personal Data Breach has occurred. 


This specific clause shall be co-terminus with the Terms of Use which constitutes a legally binding agreement between us, provided that this Clause 17 and any extension thereof shall in no case be for more than five (5) years.

Within 6 months from the termination of your availment of the Platform, or upon your request, we shall promptly destroy, dispose or surrender to you, as applicable, the Data and other information and documents containing the Data in our possession.

As applicable, each of you and us shall ensure that the following rights of the Data Subjects are upheld: 

a. Availability of these Terms of Use

A copy of these Terms of Use may be accessed by a Data Subject through email upon written request, provided that the parties have a right to prevent the disclosure of any detail or information that could endanger the security measures set out herein or expose to harm the integrity, availability, or confidentiality of Data under its control or custody. 

b. Access to Information

Upon the request of a Data Subject, the concerned party may release to the requesting Data Subject the following information with respect to his Data:

  1. Contents of his/her Data that were processed;
  2. Sources from which his/her Data were obtained;
  3. Names and addresses of the recipients of his/her Data;
  4. Manner by which his/her Data was processed;
  5. Reasons for the disclosure of his/her Data to recipients, if any;
  6. Date when his/her Data was last accessed or modified; and
  7. The identity and address of the owner of the Data.

c. Correction of Data

The concerned party may provide to the Data Subject the means and methods whereby the Data Subject may dispute the inaccuracy or error in the Data and correct the Data immediately and accordingly, unless the request is vexatious or otherwise unreasonable. The concerned Party shall inform the other Party of the correction or rectification.

d. Deletion of Data

The concerned Party may provide to the Data Subject the means and methods whereby the Data Subject may order the blocking, removal, or destruction of his/her Data.

e. Remedies

The concerned party may provide to the Data Subject the means and methods whereby the Data Subject may report any security breach or violation of his rights with respect to the processing of his/her Data, as well as the procedures whereby such reports are timely and adequately addressed.

B. Sharing of Anonymized Data

For purposes of this Section, “Anonymized Data” refers to any data provided by the Physician, which has been edited to remove any personally identifiable information such that any entity receiving the Anonymized Data would not be able to identify the Data Subject to whom the Anonymized Data pertains.  

You expressly grant the Company the right to anonymize any information you may upload on the mWellMD platform. You likewise grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, right and license to use, publish, create derivative works from, exploit, sell, or use such Anonymized Data in any other way for commercial, research, marketing, or other lawful purposes. Accordingly, you agree to transfer to the Company all right, title and interest in and to all Anonymized Data and you acknowledge that you shall have no right to any proceeds of any sale, license, or other benefits of the Anonymized Data. 

  1. Relationship of the Parties

Neither you nor the Company shall be deemed a representative, agent or employee of the other. Unless otherwise expressly specified herein, neither you nor the Company shall have any authority or right to bind the other in any respect, without the specific prior written authorization.

  1. Assignment

You may not assign or delegate in whole or in part, without the prior written consent of the Company, your use of the Service, your access to your mWell MD account, and your obligations under these Terms of Use.

  1. 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 Pasig City, Philippines. 

  1. 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.

Privacy Policy

Metro Pacific Health Tech Corporation doing business under mWell PH (the “Company”) is committed to collecting and processing personal data in a manner that complies with the applicable laws and regulations on data privacy, including the Philippine Data Privacy Act of 2012 (“DPA”) and its implementing rules and regulations (“DPA IRR”).

By your use of our application (the “Application”) and any services provided through the Application (the “Service”), you consent to the collection, use, storage, disclosure, transfer, sharing and processing of your personal information and sensitive personal information in accordance with this Privacy Policy.

When We Collect Your Personal Data

We collect your personal data through the following:

  • When you register and create an account. When you register, you provide us your name and email address. If you are a doctor or psychologist, you may also be requested to provide us details on your employment, education and/or organization.
  • When you purchase products using our Application. You may purchase products offered on our online store and by doing so, you provide us your personal information such as residential/office address, contact number, credit/debit card information, and bank account details
  • When you use the telemedicine feature of the Application. You have the option to avail of the telemedicine feature of the Application and by doing so, you provide us and the healthcare provider your personal and health information including your name, age, gender, medical information and medical history, health complaints, vital signs, results of laboratory examinations and other information necessary for diagnosis
  • When you utilize our fitness and nutritional programs. You may utilize the fitness and nutritional programs featured on our Application and by doing so, you provide us your personal, health, and medical information
  • When you file customer complaints, inquiries, and/or concerns through the Application or other platforms. When you lodge a complaint with us or ask specific inquiries, through the Application or other platforms of the Company such as social media and email, you provide us your name, contact number, email address and your specific concern.

Why We Collect Your Personal Data

We collect and process your personal data for the following purposes:

a. To provide the Services.

      I. When you use the telemedicine feature of the Application, we and your healthcare provider collect and process personal data and health information about you to allow your healthcare provider to give an independent medical assessment and recommend a course of treatment.

      II. When you purchase products, we process your personal data to complete your purchase and deliver your order/s.

      III. When you utilize our fitness and nutritional programs, we process your personal, health, medical, and fitness tracker information to provide you with your mWellness score, or to customize your           fitness training, workouts, and meal plans.

      IV. When you file a specific concern or ask specific inquiries, we process your personal data to address your complaints and/or answer your questions.

b. For marketing, historical, statistical, and/or scientific purposes.

  1. We may use your personal data for direct marketing purposes to, among others, improve our services and products, and tailor our marketing information to include products that you may be interested in. Your healthcare provider may use your personal data and health information for marketing and scientific research purposes.

c. For health policy, planning and research purposes.

  1. We may use your personal data for submission to public authorities such as the Department of Health, Department of Interior and Local Government, and Philippine Health Insurance Corporation.

d. To comply with, and as allowed, by applicable law.

  1. We may use your personal data to comply with legal obligations imposed on us or for other purposes as may be allowed by law.

When We Disclose Your Personal Data

We may be required to disclose your personal data to our agents, subsidiaries, affiliates, business partners, and other third-party agencies and service providers as part of our regular business operations only to the extent as is necessary to provide you with the Service.

We have outsourced or may have outsourced the processing of your personal data in order to achieve the purposes stated above.In some instances, we may also be required to disclose your personal data to law enforcement and government agencies but only when required by any applicable law. We ensure that your personal data is disclosed on a confidential basis and in compliance with the DPA and its IRR.

Your Google User Data

In case registration is conducted via Google, your name and e-mail address will be your “Google User Data” saved in mWell’s database. Health tracker information that you provide will also be part of your Google User Data.

Your Google User Data will be used for the following purposes:

To complete your User Profile.

We use your Google User Data to populate your User Profile. This allows us to understand who is requesting the Services below and to whom requested or necessary information should be sent.

For necessary communications.

We also use your Google User Data, specifically your e-mail address, to provide you the following forms of communication necessary for your use of the Services:

  1. Verification codes to confirm the validity of your e-mail address;
  2. Links to reset your password in case you have forgotten your mWell account password;
  3. Notifications related to your telemedicine consultations;
  4. Breakdowns of your e-shop purchases.

Your Google User Data is shared as follows:

a. Your name and e-mail address are shared with our e-shop merchants to in order to fulfill your purchases.

b. Your fitness tracker data is shared with our partner for the generation of your mWellness score.

How We Protect Your Personal Data

We use commercially reasonable efforts to employ up-to-date administrative, physical, and technical safeguards designed to protect your personal data from unauthorized and fraudulent collection, access, disclosure, use, and other unlawful activities. We also take steps to ensure that our agents, subsidiaries, affiliates, business partners, and other third-party agencies and service providers that have access to your personal data take steps to protect the same.

We will generally retain your personal data for so long as the purposes for which we collected and processed them remain and until such purposes have been served.

Retention of Your Personal Data

We will retain your personal data for such period as may be necessary to achieve our legitimate business purposes. Unless retention for a longer period is required for reasonable cause, your personal data shall, upon the lapse of the retention period, be disposed in accordance with applicable laws and regulations.

Your Rights under the DPA

As an individual whose personal data is collected, stored, and processed, you are entitled to (subject to the exceptions set out in the DPA) the following rights:

a. Be informed whether your personal data is being collected, stored, and processed;

b. Upon written request, be given reasonable access to your personal data and/or obtain a copy of the personal data you have provided to us (in physical or electronic format);

c. Have your personal data rectified of any inaccuracy or error;

d. Suspend, withdraw, or request the blocking, removal, or destruction of your personal data; and

e. Withdraw your consent to the processing of your personal data at any time by immediately ceasing using the Service.

Your Choices and Opting-out

We will send you periodic promotional or informational emails, but only if you previously agreed to receive marketing communications. When you register with us, we will ask if you would like to receive marketing communications, and you have the right to opt-out at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing emails we send you. Please note that it may take up to fifteen (15) business days for us to process opt-out requests. If you opt out of receiving marketing and advertising emails from us, we will still send you emails about your account and any Service you have requested or received from us.

We reserve the right, in our sole discretion, to amend this Privacy Policy at any time and for any reason. You will be notified of any changes via e-mail, or via the posting of an updated version on our Application. All changes shall take effect seven (7) days after the date of our email or the date on which we posted the amended Privacy Policy on our Application, as the case may be. If you do not agree with any aspect of the updated Privacy Policy, you must immediately cease availing the Service or using our Application.

If you have any questions regarding our Privacy Policy or want to exercise any of your rights as provided in this Privacy Policy or in the applicable data privacy laws and regulations in the Philippines, you can reach us through our Data Protection Officer with the relevant contact details as follows:

Data Protection OfficerMetro Pacific Health Tech Corporation9/F Rockwell Business Center Tower 1Ortigas Ave., Pasig City8 888-0888privacy@mwell.com.ph

Contact Us

Email

support@mwell.com.ph
Help us improve our services

Send us your concerns or feedback

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download and Register Today

Available on both App Store and Google Play Store

Download and Register Today

Available on both App Store and Google Play Store