These General Terms and Conditions apply to every mWell service made available to you, whether through the Application, a Partner Web-View, or an arrangement with a Corporate Partner (each as described in Section 7), including each service set out in the Service-Specific Terms below and any service we add or update from time to time, collectively, the “Services.” Each Service also has its own section further below that sets out what is different about it. Where a Service's own section says something more specific than these General Terms and Conditions, that Service's own section governs; everything not addressed in a Service's own section is governed by these General Terms and Conditions.
1. Introduction and Definitions
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, web platforms, and products (collectively, the “Application”, “mWell PH”), the products available to you through the Application, and any services we provide through the Application and the telehealth and digital health platform provided by us and by our third-party business partners (collectively, the “Service”).
Capitalized terms not otherwise defined in a specific Service's own section have the meaning given to them in these General Terms and Conditions, or in the Service-specific section in which they first appear.
2. Acceptance of Terms of Use
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. 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, including the specific terms applicable to the Service you are using.
3. Eligibility and Accounts
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. Certain Services allow a parent or legal guardian to register and manage access on behalf of a minor, or to add a minor as a dependent profile, as further described in that Service's own terms.
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 Privacy Policy referenced in Section 4. 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, and will not contain any malicious data or software, including, but not limited to, viruses, malware, adware, spyware, ransomware, or worms.
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.
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. We cannot control the transmission of data online, particularly from your network and other parts of the internet, as such transmission depends on your network or the availability of third-party websites. While the Company will exert commercially reasonable efforts to remedy and avoid such events, we cannot guarantee that they will not occur, and we disclaim any liability resulting from or relating to such events.
The Company reserves the right to deny or revoke access to the Service, or any part of it, 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.
4. Privacy Policy and Marketing Communications
4.1 Privacy Policy
The Company's Privacy Policy (the “Privacy Policy”) is hereby incorporated by reference into these Terms of Use. It is accessible within the Application under Settings > Privacy Policy, and online at Privacy Policy, and may be amended from time to time. 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.
4.2 Marketing Communications
By registering an account or using a Service, you consent to receive marketing and promotional communications from the Company, for example, information about new features, offers, promotions, and events, through channels such as SMS, e-mail, push notification, or phone call.
You may opt out of marketing communications at any time by messaging our support team at support@mwell.com.ph, or by following the opt-out or “STOP” instructions included in the relevant message. Opting out of marketing communications does not affect your receipt of transactional or service-related messages, such as booking confirmations, appointment reminders, or account and security notices, which remain necessary to the operation of the Service and cannot be turned off while you have an active account or booking.
5. Fees, Payment, Subscriptions, Promotions, and Refunds
You acknowledge and agree to pay all fees and charges, including applicable taxes, in accordance with the payment terms effective at the time the fee or charge is due and payable. The Company reserves the right to change payment terms and prices from time to time, as it may deem necessary. Purchase orders and subscriptions already accepted before the change takes effect will be honored at the price in effect when accepted. All fees published on the Application are VAT inclusive unless stated otherwise.
You undertake that: (a) you shall provide true, correct, and complete credit or debit card, e-wallet, or bank account information; (b) the fees and charges due and payable shall be honored by your card issuer, e-wallet provider, or bank; and (c) you are authorized to use the payment method you provide.
Paid Services and Fees. “Paid Services” are the mWell Services, features, and products that are available only upon payment, whether as a one-time purchase or as a Subscription (Section 5.3). “Fees” means all fees, charges, and costs you agree to pay for Paid Services at checkout or under a Service’s own terms, including subscription fees, consultation and booking fees, and processing fees. We decide which Services, or which parts of a Service, require payment, and we may change, suspend, or discontinue any Paid Service. You agree to pay all Fees and applicable taxes incurred before your account or Subscription is cancelled or terminated.
Authorization to charge. You authorize the Company and our third-party payment processors to charge your chosen payment method for the total amount of your purchase, including applicable taxes and other charges. By providing a payment method, you represent that you are authorized to use it. If the payment method cannot be verified, is invalid, or is not accepted, your Paid Service may be suspended or cancelled, and you must resolve the problem to keep using it. If you accept a Promotional Offer or change your Paid Services, the Fees, taxes, and amounts billed may vary, and amounts may also vary because of changes in applicable taxes. You authorize us to charge the corresponding amount. This payment obligation continues after cancellation or termination.
5.1 Payment Methods and Auto-Charging
Where a Service is offered on a recurring or subscription basis, the way your subscription renews depends on how you pay:
(a) Credit or debit card. If you pay by credit or debit card, you authorize the Company to automatically charge your card for each renewal period unless you cancel beforehand. Your subscription will be cancelled if your card is deemed inactive or a charge otherwise fails.
(b) GCash and Maya. If you pay using GCash or Maya, your subscription will not be automatically renewed or charged, as these payment methods do not currently support recurring, automatic billing on the Application. You must manually complete payment for each renewal period on or before the expiration of your current term, or the applicable consequence described in that Service's own terms (for example, suspension of your access) will apply.
5.2 Refunds
Unless a specific Service's own terms expressly state a refund policy, all fees paid to the Company are non-refundable and not transferable, including for any unused portion of a period, partial months or years, or in the event of voluntary or involuntary termination of your account, except where a refund is required under applicable Philippine law. Where a Service does provide for refunds, refunds will be paid through bank transfer, and we will not issue a refund by bank transfer unless you provide your bank account details; refunds will be credited to your account within forty-five (45) business days, depending on your bank's processing time, and will not include transaction fees charged by our payment channels.
5.3 Subscriptions
This Section 5.3 applies to every mWell Service that you pay for on a subscription basis (a “Subscription”), including the Subscriptions described in the Service-specific sections below. Where a Service’s own section sets different Subscription terms, that section governs for that Service.
Subscription Terms and automatic renewal. Your Subscription runs for the term you choose or are offered at checkout, for example monthly, quarterly, semi-annual, or annual, and may begin with a free trial or a promotional, prepaid, or sponsored period (each period you are billed for, a “Subscription Term”). Unless the Service’s own terms say otherwise, your Subscription renews automatically for a further Subscription Term of the same length until you cancel it, or until we suspend or terminate it. The fee for each Subscription Term, plus any applicable taxes, is charged to your chosen payment method on the first day of that term, at the price then in effect. Automatic charging applies only to payment methods that support it, as explained in Section 5.1.
Reminders. Where the law requires, and within the time it requires, we will remind you before a Subscription Term renews. The reminder will state the amount, the billing frequency, the renewal date where applicable, and how to cancel, in a form you can keep.
Cancelling. You may cancel your Subscription at any time using the cancellation option in the mWell app where one is offered, through the channel where you purchased it, or by e-mailing support@mwell.com.ph. To avoid being charged for the next Subscription Term, cancel before your renewal date. Cancelling stops future charges only and takes effect at the end of the current Subscription Term, and you keep your access until then. Where a Service has a minimum or lock-in period, you may cancel only as that Service’s own terms allow.
No refunds for cancellation. Consistent with Section 5.2, cancelling does not entitle you to a refund, whether full or pro-rated, of any amount you have already paid, including any unused part of the current Subscription Term. From time to time we may, at our sole discretion, give a refund, discount, or credit to some or all users. Doing so in one case does not entitle you or anyone else to the same in the future.
Start of service. When you subscribe or convert to a paid Subscription, you ask us to start providing the Service right away, and we do so once your payment is received and verified.
Free trials and promotional periods. From time to time we may offer a free trial or promotional period for certain Subscriptions. Before you enroll, we will show you how long it lasts, the fee that will be charged when it ends, the billing frequency, and how to cancel. Unless the offer says otherwise, when the trial or promotional period ends your Subscription becomes a paid Subscription and your payment method is charged automatically, so you must cancel before it ends to avoid being charged. Unless a Service’s own terms say otherwise, a free trial may be used only once per user for that Service.
Prepaid, bundled, and sponsored periods. If your Subscription is prepaid for a fixed period, included with a product or bundle, offered under a promotion, or paid for by your employer, insurer, or another Corporate Partner (Section 7.2), we will tell you when you enroll or activate it when that period ends and which Subscription Term and fee apply afterward. Your Subscription continues as a paid Subscription after that period only if you have a valid payment method on file and have agreed to those terms; otherwise it ends when the period ends.
Payment method and payment processor. Your payment details are processed and stored by a third-party payment processor, not by us. You must keep at least one valid, funded, and authorized payment method on file for as long as you have a paid Subscription, and you are responsible for all recurring charges until you cancel. If a payment fails or is not made on time, your Subscription may be suspended or lapse, as set out in Section 5.1 and the Service’s own terms, and we are not liable for the suspension or any other consequence of a late, failed, or missing payment.
Purchases through an app store. If you subscribe through an app store, that store handles the billing, renewal, cancellation, and any refund under its own terms, and you must manage or cancel the Subscription there. We are not a party to that transaction.
Changes to fees. We may change Subscription fees, or the features included in a Subscription, from time to time. We will tell you about a fee change before it takes effect, in the way described in Section 6. The new fee applies to Subscription Terms that start on or after its effective date, and a Subscription Term you have already paid for is not affected. You may cancel before the effective date to avoid the new fee.
Taxes. Fees shown in the mWell app are VAT inclusive unless stated otherwise, as provided in this Section 5. You are responsible for any other applicable taxes.
5.4 Promotional Offers
From time to time we may offer promotional credits, vouchers, promo codes, discounts, waived or reduced fees, bundled benefits, or other promotional benefits (“Promotional Offers”). Promotional Offers are made at our sole discretion, may be available to some users and not others, and may be limited in time, quantity, or eligibility. A Promotional Offer does not change the standard price of any Paid Service, and the availability of a Promotional Offer to another user does not entitle you to that or any other Promotional Offer.
Unless we say otherwise when the offer is presented, a Promotional Offer has no cash value, is non-transferable, cannot be exchanged for cash, and cannot be applied to an order that is already complete. The specific terms of each Promotional Offer are shown to you when it is presented, and those terms prevail over these Terms of Use to the extent they conflict. Unless an offer expressly says it can be combined, discounts and Promotional Offers cannot be combined or stacked. When a Promotional Offer ends, your Subscription continues or ends as described in Section 5.3.
If an order or Subscription bought with a Promotional Offer is cancelled or refunded, any refund is limited to the amount you actually paid, consistent with Section 5.2. We may withhold, revoke, or reverse a Promotional Offer, and cancel any related order or Subscription, if we reasonably believe it was obtained or used through fraud or abuse, or in violation of these Terms of Use.
5.5 Special Pricing and Eligibility Verification
We may offer special pricing or discounts to certain groups, for example students, educators, healthcare workers, or employees and members of partner organizations. Eligibility is determined solely by the Company and its partners. We may change, suspend, or end these programs, or change who is eligible, at any time, and verification does not guarantee a discount if the program has been changed or discontinued.
To qualify, you must verify your eligibility by submitting a valid ID or other proof that we ask for, or through a third-party verification. By choosing to verify, you consent to the Company collecting your verification information and sharing it with the partner or the partner organization only as far as needed to confirm your eligibility, apply the discount, and process your order, in line with the Privacy Policy and Section 14. We may ask you to verify again, including before a renewal. If you no longer qualify, the standard price applies from your next Subscription Term.
A special price is for the personal use of the verified person only. It is non-transferable and may not be used to buy for others, including as a gift, or for resale. Special pricing cannot be combined with other promo codes, sales, or discount programs unless we expressly say so; where a sale and a special price both apply, the greater discount applies and they are not added together. Suspected fraud or misuse may result in immediate withdrawal of the discount and cancellation of your order or Subscription. Nothing in this Section limits any discount that Philippine law requires us to give to qualified persons, such as senior citizens and persons with disabilities, which will be given in accordance with the law and the documents it requires.
6. Changes to These Terms
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 on our Application. Changes take effect seven (7) days after the date of our e-mail or the date we posted the modified terms, 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.
7. Third-Party Content, Sites, and Partner Platforms
The Service 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 and merchants. By accessing 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.
7.1 Telemedicine Web-View Partnerships
Some of our institutional partners, for example, insurers, government partnerships or other consumer applications, offer their own users access to mWell's telemedicine service through an embedded web-view or similar integration within the partner's own application, rather than through the mWell app directly (each, a “Partner Web-View”).
A Partner Web-View is not a separate product with its own terms and conditions. Unless the partnering institution has expressly agreed otherwise with the Company in writing (for example, to sponsor free or discounted consultations for its own users), these Terms of Use, including the fees, payment, cancellation, and refund terms in Section 5 above and in the Telemedicine Consultations section, apply in full to your use of the Service through a Partner Web-View, and consultations booked through a Partner Web-View are paid for in the same way as consultations booked directly through the mWell app. The partnering institution is not the provider of the telemedicine service; the Company is.
7.2 Corporate and Institutional Partners
Some Services are made available to you because your employer, school, insurer, or another organization (a “Corporate Partner”) has its own arrangement with the Company, for example, sponsoring your access to the Corporate Scoreboard (Section F.1), or arranging access to mWellMD, HealthPal™, or telemedicine for its members or employees. That arrangement is separate from, and does not replace, these Terms of Use, which continue to apply in full to your own use of the Service.
Your Corporate Partner is responsible for its own decisions about your eligibility, enrollment, and cost, consistent with Section F.1 for the Corporate Scoreboard, and any dispute you have about those matters is between you and your Corporate Partner, not the Company. Where the Company and a Corporate Partner have a separate written agreement covering the Service, Section 19 (conflicts with a separate agreement) applies.
8. Intellectual Property
The Service, the Application, and all proprietary and intellectual property rights in them 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 Service, the Application, or any part or element of them, or attempt to extract the source code of any of them.
9. 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 the Application will be uninterrupted or error-free, reliable, accurate, timely, useful, adequate, complete, or suitable; that defects will be corrected; or that the Application is free of viruses or other harmful components.
10. Limitation of 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 Service, 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 to you 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 or your subscription for the one year preceding the date of the claim, whichever is higher, unless a specific Service's own terms state a different cap for that Service. In the event of any problem with the Service and/or the Application, your sole remedy is to cease availing the Service and/or using the Application.
11. 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; (e) your violation of any applicable laws, rules, or regulations; and, where you are a healthcare practitioner using the Service to provide care, (f) any wrong medication, treatment, or medical negligence, any misrepresentation, misconduct, or inappropriate behavior, and any direct or indirect medical eventuality that might occur subsequent to the provision of your services 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. This section survives the termination of your account, the Terms of Use, or your access to the Service or Application.
12. 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 such government or legal body; or labor unrest, including strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. The operation of the Internet is beyond the Company's reasonable control, and we will not be liable for 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.
13. 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.
14. Data Privacy and Data Sharing
14.1 General Commitments
Your personal data, including any health information, is processed in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173) and its implementing rules and regulations (“DPA”), our Privacy Policy, and the standards for personal data protection set by the National Privacy Commission (“NPC”). The Company will not disclose, trade, sell, or transfer your data without your authorization, and will not use or process your data except in connection with the purposes disclosed to you.
14.2 Who We Share Your Data With
Depending on which Service you use, your data may be shared with the following categories of recipients, and only to the extent needed for that purpose:
(a) Doctors and healthcare practitioners. Where you use a Service that connects you with a doctor, psychologist, Mental Health Coach, or other healthcare practitioner, for example, the Doctors, Psychologists, and Mental Health Coaches section, Telemedicine Consultations, or mWellMD, your health information is shared with that practitioner so they can provide care to you. This sharing is governed by the more detailed Data Sharing Agreement in Section 14.3 below.
(b) Merchants. Where you purchase a product through the mWell Shop, apply for an insurance or health plan product (including personal accident coverage under the mWell HealthSavers Plan, underwritten by MPioneer), or use the Weight Management Program through GoRocky Medical Inc., we share the details needed to fulfill that purchase, application, or order, such as your name, contact details, delivery address, completed assessment, or prescription, with the Merchant, insurer, or GoRocky concerned, consistent with Section D.1 (Health Plans and Insurance Products), Section D.2 (Merchants), Section D.3 (mWell HealthSavers Plan), and Section D.4 (GoRocky Weight Management Program).
(c) mWell HealthHub™ Partners. Where you book an appointment through mWell HealthHub™, we share your booking details with the Provider you are booking with, so they can identify you and deliver the service you requested, consistent with Section J.3.
(d) Third parties for marketing purposes. We only share your data with a third party for that third party's own marketing or promotional purposes if you have separately and affirmatively consented to that specific sharing. You can withdraw this consent, and opt out of related communications, at any time by messaging support@mwell.com.ph, consistent with Section 4.2 (Marketing Communications).
14.3 Data Sharing Agreement, Healthcare Practitioners and Enterprise Partners
This Section 14.3 applies where you are a healthcare practitioner, clinic, or enterprise partner who collects, processes, or manages patients' or Users' data through the Service (for example, under the Doctors, Psychologists, and Mental Health Coaches section or the mWellMD section). Patients' or Users' (“Data Subjects”) data that you obtain from us, or upload, store, or manage on the Service, may include Personal Information and/or Sensitive Personal Information as defined under the DPA, including name, age, gender, medical information and history, health complaints, vital signs, laboratory results, and other information necessary for diagnosis, consultation, or treatment (“Data”). Data collected, processed, and shared under this Section shall be processed and shared exclusively for the purpose of your performance of services through the Service, or your management of your patients' records, as applicable, unless otherwise expressly allowed under the DPA.
You acknowledge that Data will be shared between you and us through the Service, which is encrypted and has security features intended to prevent unauthorized access. You will not transmit Data through facsimile or other unencrypted means.
You agree that you will: (a) not disclose, trade, sell, or transfer Data to any person without our prior written instruction; (b) not use or process Data except in connection with the purposes provided herein; (c) as applicable, allow Data Subjects to access and correct Data in your custody and to exercise their rights under the DPA; (d) notify us if you receive Data from us 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 these Terms of Use and the DPA; (c) these Terms of Use shall be made available for review by the NPC in cases required under the DPA; and (d) the rights of the Data Subjects shall be upheld without compromising data integrity. Where you are a practitioner or clinic processing patient records (for example, on mWellMD), you are deemed the personal information controller, and the Company is the personal information processor, and each of you and us will implement reasonable and appropriate physical, technical, and organizational measures for the protection of Data accordingly.
In the event of a Personal Data Breach involving Data, the party who discovers or reasonably believes a breach has occurred shall notify the other party in writing without undue delay, in no case later than twenty-four (24) hours from a Company-side breach, or six (6) hours from a practitioner-side breach, upon knowledge of the same. The notifying party's notification shall describe the nature of the breach, the type of Data possibly involved, the Data Subjects involved, the possible risks or harm, and the measures taken to address the breach, together with an assessment of whether notification to the NPC and the affected Data Subjects is warranted.
This Section 14.3 is co-terminus with these Terms of Use, provided that it and any extension of it shall in no case exceed five (5) years. Within six (6) months from the termination of your availment of the applicable Service, or upon request, the party holding the Data shall promptly destroy, dispose of, or surrender the Data and related information and documents in its possession, and, if requested, certify that this has been done.
As applicable, each of you and us shall ensure that the following rights of 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 e-mail upon written request, provided that the parties have a right to prevent disclosure of any detail that could endanger the security measures set out herein or expose Data to harm.
(b) Access to Information
Upon request, the concerned party may release to a Data Subject the contents of their Data that were processed; the sources from which their Data were obtained; the names and addresses of recipients of their Data; the manner by which their Data was processed; the reasons for any disclosure to recipients; the date their 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 the Data Subject the means to dispute the inaccuracy or error in the Data and to have it corrected promptly, unless the request is vexatious or otherwise unreasonable, and shall inform the other party of any correction made.
(d) Deletion of Data
The concerned party may provide the Data Subject the means to order the blocking, removal, or destruction of their Data.
(e) Remedies
The concerned party may provide the Data Subject the means to report any security breach or violation of their rights, and the procedures by which such reports are timely and adequately addressed.
15. 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 specific prior written authorization. Where healthcare providers use the Service to perform their professional duties, it is mutually understood and agreed that the healthcare provider and the Company are, at all times, acting as independent entities with respect to each other, and nothing in these Terms of Use creates an employer-employee relationship, a joint venture, or any right of the Company to control or direct the manner or method by which the healthcare provider performs their professional services.
16. Term and Termination
These Terms of Use take full force and effect on the date you commence availing of the Service or using the Application, whichever is earlier, and continue unless your availment or use is terminated in accordance with these Terms of Use, including any additional termination provisions in that Service's own terms. We reserve the right to terminate or suspend your account or access to the Service and Application at any time and for any reason, including where we have reasonable grounds to believe your continued use violates any law or regulation or may harm a third person, and we reserve the right to take adequate measures to protect that third person.
You may delete any account you have registered in the Application at any time. Your account will be deleted in real time and you will no longer be able to log in with it. Deletion of your personal data is subject to the retention provisions of our Privacy Policy.
17. Geographical Restrictions
The Company is organized under the laws of the Republic of the Philippines. We offer the Services solely and exclusively to (1) persons residing and/or located in the Philippines, or (2) Filipino citizens permanently residing in the Philippines, including Filipino transients abroad and Overseas Filipino Workers.
While the Application may be accessible in your location, certain aspects of the Services may not be allowed or recognized due to regulatory restrictions. For example, a physician during a telemedicine consultation may only give you preliminary advice, 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 recognized in that place.
If you avail of the Service, or purchase entitlement to the Service, for another person in the Philippines (“Beneficiary”), you confirm and agree that: you and the Beneficiary are qualified to avail of the Services as provided in this Clause; you and the Beneficiary use the Service on your own initiative and are responsible for compliance with local laws; you and the Beneficiary understand that the Application's telemedicine function is only for the provision of preliminary medical advice, availed of because a physical consultation is not immediately available to you; and you and the Beneficiary indemnify the Company from any responsibility for such use, in accordance with Section 11 (Indemnity).
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, to the exclusion of all other venues.
You agree that we may elect to resolve a 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, Conflicts, and Severability
These Terms of Use, together with the Privacy Policy and any Service-specific terms applicable to the Service you use, constitute the entire agreement between you and the Company concerning the Service. If there is a conflict between these Terms of Use and a separate written agreement between you and the Company, for example, a corporate, institutional, or Corporate Partner agreement covering your access to a Service, as described in Section 7.2, the separate agreement shall govern, but only to the extent of that specific conflict; these Terms of Use remain in full force and effect for everything else not in conflict. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Headings are for reference purposes only and do not define, limit, construe, or describe the scope of any Section. Our failure to act with respect to a breach by you or another user does not waive our right to act with respect to subsequent or similar breaches. Sections 10 (Limitation of Liability) and 11 (Indemnity) survive any termination or expiration of these Terms of Use and your availment of the Service or use of the Application.
20. Conflicts with Translation
In case of any conflict with a Filipino translation of these Terms of Use, the English version shall prevail.
21. Contact Us
For any concern, please e-mail us at support@mwell.com.ph so we can help you accordingly.
Ang mga tuntunin at kundisyong ito (“Mga Tuntunin ng Paggamit”) ay bumubuo ng isang legal at umiiral na kasunduan sa pagitan mo (“ikaw”, “iyong”) at ng Metro Pacific Health Tech Corporation na gumagamit din ng pangalang mWell PH (ang “Kumpanya”, “kami”, “ sa amin", o "aming"), hinggil sa iyong pag-access at paggamit ng aming mobile application (ang "Application", "mWell PH"), mga produktong magagamit mo sa pamamagitan ng Application, pati na rin ang anumang mga serbisyong maaari naming ibigay sa pamamagitan ng Application na ito at ang telehealth at digital health platform na ibinigay ng, bukod sa iba pa, ePLDT, Inc., PayMaya Philippines Inc., atbp., (ang “Serbisyo”). Sumasang-ayon ka na sa pamamagitan ng paggamit sa Serbisyo, nabasa mo, naunawaan, at sumasang-ayon ka sa Mga Tuntunin ng Paggamit na ito. Kung hindi ka sumasang-ayon sa (o hindi makasunod) sa Mga Tuntunin ng Paggamit, hindi mo maaaring i-access o gamitin ang Application.
Ginagarantiyahan mo na ikaw ay nasa legal na edad o hindi bababa sa 18 taong gulang at may legal na kapasidad at awtoridad na tanggapin ang Mga Tuntunin ng Paggamit na ito at sumasang-ayon kang susunod ka sa mga tuntunin nito.
Ang Kumpanya ay may karapatang tanggihan o bawiin ang iyongiyong pag-access sa Serbisyo o anumang bahagi nito sa Application sa sinumang tao, sa anumang oras at sa sarili nitong kapasyahan, mayroon man o walang dahilan. Maaaring iulat ng Kumpanya sa mga awtoridad na nagpapatupad ng batas ang anumang aksyon na maaaring ilegal, at anumang ulat na natatanggap nito tungkol sa naturang pag-uugali. Kapag legal na kinakailangan, ang Kumpanya ay makikipagtulungan sa mga ahensya ng gobyerano, sa mga hukuman, o sinumang nagpapatupad ng batas sa anumang pagsisiyasat ng di-umano'y ilegal na aktibidad na isinagawa o isinasagawa sa pag-avail ng Serbisyo o sa paggamit ng Application.
Ikaw ay responsable para sa lahat ng activity ng iyong account, at sumasang-ayon kang ipapaalam kaagad sa Kumpanya ang anumang hindi awtorisadong paggamit ng iyong account. Ang Kumpanya ay walang pananagutan sa anumang paraan para sa anumang pagkawala na maaari mong matamo bilang resulta ng anumang hindi awtorisadong paggamit ng iyong account at password.
Para sa anumang alalahanin, mangyaring mag-e-mail sa amin sa support@mwell.com.ph upang matulungan ka namin nang naaayon.
This Section A applies to your use of mWell's telemedicine service, whether you access it directly through the mWell app or through a Partner Web-View under the General Terms and Conditions, Section 7.1.
A.1 Nature of Telemedicine
You expressly acknowledge and agree that the Company does not provide medical services of any kind. The Company is not a hospital, clinic, pharmacy, health insurance company, or 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, using the Application, and/or disclosing your personal or medical information to us 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. The Company does not endorse or recommend any healthcare provider, and does not manage or control the medical advice provided by your healthcare provider, which is based on (a) your personal health data as disclosed by you, and (b) local standards of care for your presenting symptoms or reactions based on the information you disclosed.
You acknowledge and understand that there are potential risks in the use of telemedicine, including, but not limited to, inaccurate diagnosis arising from inaccurate information you provided or the inherent limitations of a telemedicine consultation, and slight delay or cancellation due to platform technical difficulties or service limitations. You or your healthcare provider may discontinue the teleconsultation if either of you believes videoconferencing is not adequate for your health situation.
A.2 Emergency Disclaimer
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 that allow you to avail of emergency care services offered by third parties; you may avail of these subject to the terms and conditions of those relevant services.
A.3 Video Consultations
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, and may also take photos during the teleconsultation with your prior consent.
The Company recommends an internet speed of at least 5 megabytes per second (5 Mbps) and the following minimum technical specifications:
(a) iOS devices must be able to run at least iOS 13 or newer;
(b) iPhones must be at least iPhone 6 or newer; and
(c) Android devices must be able to run at least Android 8.0 or newer.
A.4 Chat Consultations
You may also consult with a healthcare provider via instant messaging. You must respond to your chosen healthcare practitioner in a timely manner (i.e., within 10 minutes) to prevent the consultation from ending abruptly. If the healthcare practitioner opts to end the consultation due to delayed responses, you are not entitled to a refund. If, for any reason, you opt to continue through a video consultation instead of completing the consultation via chat, you will still be charged the full fee for the chat consultation, and you are not entitled to a refund in that case either.
A.5 Mind Health Consultations
Mind Health support is provided by three different kinds of professionals, each with a different scope of practice. It is important that you understand the difference, because it determines what a given consultation can and cannot end with:
(a) Mental Health Coaches provide non-clinical, non-emergency wellness support and can offer general guidance and coping strategies. Mental Health Coaches are not licensed medical or mental health practitioners; they cannot diagnose a condition, prescribe medication, or issue a medical certificate, a fit-to-work certificate, or any other clinical document, and will refer you to a psychologist or psychiatrist if your concern needs clinical care.
(b) Psychologists are licensed under the Psychology Act of 2009 and can provide counseling, psychological assessment, and therapy, and, within their scope of practice and licensure, may issue certain non-medical certifications (for example, a psychological evaluation report). Psychologists are not medical doctors and cannot prescribe medication or issue a medical prescription.
(c) Psychiatrists are licensed physicians and are the only Mind Health professionals on the Service who can issue a medical prescription; a psychiatrist may also issue a medical certificate consistent with their clinical assessment.
None of the above are allowed to issue a medical certificate, fit-to-work certificate, or e-prescription outside what is described for their specific role above. A declined request for a document outside a professional's scope of practice is not an acceptable reason for a refund of consultation fees.
To avail of on-demand Mind Health support, tap “Mind Health” on the homepage of the mWell app. You may choose between Consult Now and Consult Later, fill out the required information, agree to these Terms of Use and the Privacy Policy, and select a provider among those available. Each Mind Health professional charges a fee, which is indicated on the app.
A.6 Telemedicine Referral
You are aware that your healthcare provider may refer you to a healthcare institution or a specific specialist if: (a) your medical case requires personal examination; and/or (b) your medical case requires emergency care in a suitably resourced health facility. Where your healthcare provider refers you, the referral and the associated information necessary for that referral are shared with the receiving institution or specialist, consistent with Section 14.3. A referral is a proper outcome of a consultation. Accordingly, being referred does not by itself entitle you to a refund of the consultation fee.
A.7 Booking on Behalf of Another Person
You may book a telemedicine consultation for another person, provided you are duly authorized by that person, or you are that person's parent or legal guardian. By doing so, you represent and warrant that (a) you are duly authorized to arrange the consultation on behalf of the patient, (b) you are duly authorized to provide the patient's personal data to the Company and/or the healthcare provider, and (c) 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 that person is of legal age, is not incapacitated to give consent, and does not agree with these Terms of Use and/or the Privacy Policy, you cannot proceed with the booking. The Company and/or the healthcare provider has the authority to end any telemedicine consultation where there is reasonable basis to believe you are not authorized to book on behalf of the concerned individual, and you are not entitled to any refund or compensation in that event.
A.8 Processing / Booking Fee
The Company charges a transaction processing fee per telemedicine consultation booked through the Application, as indicated in the Application at the time of booking. The Company reserves the right to change this fee; by continuing to avail of the Service, you consent to any change. To withdraw your consent, you must deactivate your account in the Application.
A.9 Rescheduling, Cancellation, and Refunds
When you confirm your payment for a telemedicine consultation, you are considered to have validly booked a telemedicine appointment for the schedule you chose.
General rule. You may reschedule or cancel your appointment at least six (6) hours before the scheduled time without incurring a cancellation fee. Failure to attend an appointment without cancelling or rescheduling makes you liable for one hundred percent (100%) of the consultation fee. You will not be charged if the healthcare provider cancels your booking.
The waiting room. Whether you booked Consult Now or Consult Later, you enter a virtual waiting room before your consultation begins. The waiting room is open for eight (8) minutes; if your healthcare provider has not joined by the end of that window, your appointment is treated as a provider no-show and you are entitled to a full refund under “When you're entitled to a refund” below. While you are in the waiting room, you may still cancel for a full refund. Once your consultation itself has started, your payment is non-refundable, do not close or minimize the app screen once you are in a consultation, as this may automatically drop the call.
When you're entitled to a refund. You are entitled to a refund where: (a) you cancelled your booking at least six (6) hours before the scheduled appointment; (b) you cancelled while still in the waiting room, before your consultation started; (c) the healthcare provider cancelled the appointment; (d) the healthcare provider failed to join within the waiting room window described above; or (e) your case is an emergency and you are advised that it warrants immediate medical attention. Being dissatisfied with the quality, manner, or outcome of a consultation actually conducted by a physician, psychologist, psychiatrist, or Mental Health Coach is not, by itself, a ground for a refund.
How to file a refund. To process an eligible refund, you must file a refund request by e-mailing support@mwell.com.ph within five (5) days from the date of the transaction. Requests filed beyond this period will not be honored. Refunds are not processed automatically and will only be acted on upon receipt of a valid request. Refunds shall only include the Professional Fee and the Booking Fee; transaction fees charged by our payment channels are not included.
A.10 Transfer
You may book a telemedicine consultation for a person other than yourself, who will use your account to consult with a doctor. You warrant that such person understands and consents to be bound by these Terms of Use and the Privacy Policy.
A.11 Consultation Recording and Chat Transcripts
For purposes of medical documentation, continuity and quality of care, quality assurance, service improvement, compliance, security, dispute resolution, and record-keeping, teleconsultations and chat consultations may be recorded and/or transcribed.
For teleconsultations, the audio and/or video of the consultation may be recorded. For chat consultations, the messages exchanged between you and the healthcare provider may be retained as a chat transcript.
Consultation recordings and chat transcripts may form part of your consultation and medical records and may be securely stored within mWell's systems. These records may be made available through the mWellMD Admin Portal to authorized mWell personnel, healthcare providers, administrators, and other authorized persons, strictly on a need-to-know basis and subject to applicable access controls, confidentiality obligations, and data privacy requirements.
By proceeding with a consultation after being informed that the consultation may be recorded and/or transcribed, you acknowledge and consent to the collection, recording, storage, retrieval, and processing of such consultation records for the purposes stated above, subject to applicable law and the Company's Privacy Policy.
You acknowledge that consultation recordings and chat transcripts may contain personal information and sensitive personal information, including health information. Such information shall be processed in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173), its implementing rules and regulations, applicable National Privacy Commission requirements, and the Company's Privacy Policy.
Access to, use, disclosure, retention, and deletion of consultation recordings and chat transcripts shall be subject to applicable law, legitimate purposes, security safeguards, and the Company's applicable data retention policies.
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
C. Paglipat
Para sa anumang katanungan, mangyaring mag-e-mail sa amin sa support@mwell.com.ph upang matulungan ka namin nang naaayon.
This Section C applies to physicians participating in mWell's health advocacy campaigns, and incorporates Section B (Doctors, Psychologists, and Mental Health Coaches) above, except that:
(a) your participation, including your consent to the Company's processing of the information you provide, is specifically for purposes of the health advocacy campaign; and
(b) the telemedicine consultations you perform under the campaign are free of charge, neither you nor the Company collects any fee for consultations performed under mWell's health advocacy campaign.
D.1 Health Plans and Insurance Products
Health plans and insurance products offered through mWell Shop are fulfilled by the insurance companies concerned. Your application for insurance is directly with the insurance company, and delivery of the product is not done by us. We do not act on your behalf or on behalf of the insurance company, and we do not solicit applications for insurance or engage in the activities of, and are not, an insurance aggregator, insurance agent, general agent, or broker, as defined under applicable law. We do not have access to the insurance company's computer systems.
The insurance company will directly deal and correspond with you to request additional information or documentation, address questions or concerns on the product purchased, and deliver the product you purchased. Cancellation and refund periods for insurance products and health plans are those stated in each product description; you are eligible for cancellation and refund if you make the request within that period, sent to support@mwell.com.ph.
D.2 Merchants
Parties other than the Company (“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 that contract of sale or any other contract between you and the Merchant, and takes no responsibility and assumes no liability for any product sold by a Merchant.
D.3 mWell HealthSavers Plan
By purchasing and accessing an mWell HealthSavers Plan (the “Plan”), you agree to be bound by these terms, in addition to these Terms of Use. mWell offers the Plan in a number of variants (“SKUs”), each with its own price, Consult credit entitlement, and coverage. The specific Consult credit entitlement and coverage you receive are those described in the product description for the SKU you purchased at checkout, that description, not this Section, is the definitive statement of what your particular Plan includes. The rules below apply across all SKUs unless a specific SKU's product description expressly says otherwise.
Consultation. Any Consult credit included in your Plan is valid for the period stated in the product description for your SKU, which may range from one (1) month to one (1) year, from the date of purchase; any unused credit beyond that period is forfeited. The Plan is non-refundable and not convertible to cash. A Consult credit can be transferred to another mWell user only if it has not been used. Consult credits may only be used to consult with mWell partner-doctors, identifiable by the mWell logo on their profile pictures. You are not allowed to cancel your consultation; however, if the mWell partner-doctor misses or cancels the consultation, or if the consultation is cancelled due to a verified mWell server-related technical issue, your Consult credit will be refunded to your account. If the credit is not reflected in your account, e-mail support@mwell.com.ph.
Insurance Coverage. Where your Plan includes insurance coverage (the “Coverage”), that coverage is underwritten by MPioneer (or such other insurer named in your Plan's product description), and its activation and your eligibility for it are subject to MPioneer's own discretion, underwriting rules, and terms and conditions, which govern over any conflicting description here. Age eligibility for MPioneer coverage depends on the type of insurance included in your SKU, as stated in its product description (currently 18–65 years old for Personal Accident and 18–69 years old for Cash for Hospitalization); if you do not meet MPioneer's eligibility requirements, the Coverage is forfeited even if the rest of your Plan (such as your Consult credit) remains valid. For any Plan SKU that covers a family or a group of dependents, the Coverage applies only to the primary user who purchased the Plan, it does not extend to dependents added under that Plan. For the complete terms and conditions of the applicable insurance coverage, please refer to the insurer’s terms and conditions made available with your Plan. You are only allowed to have one active personal accident insurance policy under the Plan at a time; where you have more than one, only one is activated, subject to the insurer's terms and conditions.
Purchasing the Plan. The Plan can be purchased in two ways: (a) “Buy for Myself” or (b) “Buy as a Gift.” If you select “Buy for Myself,” your Consult credit and any personal accident insurance included in your SKU are automatically registered under your name; if you purchase multiple Plans for personal use, only one personal accident insurance policy will be activated, subject to the insurer's terms and conditions. If you select “Buy as a Gift,” you are gifting the Plan to another mWell user (“Receiver”), after payment and loading the health pass into your Profile, tap “Send as a Gift” and provide the Receiver's details in the My Health Pass > Account Details form; only the Consult credit is transferred to the Receiver, not any personal accident insurance, which (if included in your SKU) remains registered to you as the purchaser. If the Receiver is an existing mWell user, they will immediately receive the health pass in their profile; if not, they will receive it once they register using the e-mail address or mobile number you submitted.
D.4 GoRocky Weight Management Program
The Weight Management Program (the “Program”) lets you complete a health assessment, consult a licensed physician, and, if appropriate, order weight-management medication through the App. By using the Program, you agree to be bound by this Section D.4, in addition to these Terms of Use.
GoRocky Medical Inc. (“GoRocky”) is the merchant for the Program. Purchases you make through the Program are also governed by GoRocky's own Terms and Conditions, Return and Refund Policy, and Privacy Policy. GoRocky's own terms govern matters specific to your purchase from GoRocky.
Roles. mWell operates the App, through which you complete your assessment, consult a physician, and place your order. GoRocky is solely responsible for dispensing, packaging, delivery, order confirmation and delivery updates, product cancellations, returns and refunds, side-effect support and aftercare, and reporting adverse reactions to the FDA and DOH. The physician who reviews your assessment and issues any prescription is an independent, licensed physician in mWell's partner-doctor network, engaged under Section B (Doctors, Psychologists, and Mental Health Coaches); the physician exercises independent medical judgment that neither mWell nor GoRocky controls. Neither mWell nor GoRocky is a clinic, pharmacy, or healthcare provider.
mWell does not sell, own, manufacture, dispense, or deliver any medication or product under the Program, and is not a party to your contract of sale with GoRocky. mWell is not privy to, and does not review, approve, or control, the physician's prescribing decisions or the specific medicine, dose, or treatment plan recommended for you. Any concern about your medication, prescription, dosing, side effects, or delivery should be directed to GoRocky or your physician, as described under Support and adverse reactions below, not to mWell.
Eligibility. You must be at least 18 years old, located in the Philippines, and within the delivery areas shown in the App. The Program is not available to persons who are pregnant, breastfeeding, or planning pregnancy, or who have a condition identified in the assessment as a contraindication. The physician's determination of eligibility is final.
Assessment and physician review. You must answer the assessment truthfully and completely; neither mWell nor GoRocky is liable for harm arising from false or incomplete information you provided. Completing the assessment does not guarantee a prescription, the physician may approve treatment, recommend a different plan, request further information, require a video consultation, or decline. If the physician declines, your order is cancelled and any payment refunded in full. Consultation fees, where applicable, are shown before booking and are governed by the Telemedicine Consultations section.
Prescriptions. Prescriptions are issued under the physician's PRC licence in accordance with FDA Circular No. 2020-007 and stored in your HealthID™ (Section I). A prescription covers only the product, dose, and duration stated, and prescribed medication may not be transferred, shared, or resold.
Prices, payment, and delivery. Products, plans, and prices are set by GoRocky and displayed in the App in Philippine Pesos, inclusive of VAT; delivery fees are charged to you and displayed before you confirm your order. Payment is made in the App; on confirmation of payment, your order and prescription are transmitted to GoRocky, who reviews every order before dispatch and sends the order confirmation to the email address on your mWell account. GoRocky delivers in plain, unmarked packaging to the address you provide; delivery times shown in the App are estimates. Prescription medication is released only to you or your authorised representative and may require presentation of a valid ID.
Cancellations, returns, and refunds. GoRocky's own Return and Refund Policy governs cancellations, returns, and refunds of products. Once an order has been paid, it cannot be cancelled or refunded. Multi-month plans, including the 3-month plan, are fixed-term commitments under GoRocky's own Terms and Conditions and cannot be cancelled or refunded once paid. If your physician advises you to stop or change your treatment during the plan, GoRocky's care team will walk you through your options. Prescription and compounded medicines are non-returnable. Damaged, defective, or incorrect items are replaced or refunded upon verification. Requests must be sent to GoRocky at support@gorocky.ph within five (5) days of delivery and must include your name, the product, a description of the issue, and photos or video. Consultation fee refunds are governed by the Telemedicine Consultations section.
Support and adverse reactions. For orders, delivery, medication, dosing, side effects, and aftercare, contact GoRocky at support@gorocky.ph, GoRocky's Facebook or Instagram page (24/7), or Phone / Viber / WhatsApp (0960) 451 3615, Monday to Friday, 9:00 AM to 6:00 PM PHT. Messages received outside support hours are answered the next business day. Suspected adverse reactions must be reported to GoRocky promptly. GoRocky escalates reports to the dispensing pharmacy and to the FDA or DOH as required. For severe abdominal pain, signs of an allergic reaction, persistent vomiting, or any symptom you believe is serious, stop the medication and go to the nearest emergency room. mWell is not liable for the medication or its effects, including any side effects or adverse reactions and any emergency or other medical care that results. These are matters between you and GoRocky, and your physician for medical decisions, as described in this Section D.4. Dose changes are decided by your physician. For your mWell account, the App, or consultation bookings, contact support@mwell.com.ph.
THE PROGRAM IS NOT INTENDED FOR EMERGENCIES. IF YOU EXPERIENCE SEVERE ABDOMINAL PAIN, SIGNS OF AN ALLERGIC REACTION, PERSISTENT VOMITING, OR ANY SERIOUS SYMPTOM, STOP THE MEDICATION AND PROCEED TO THE NEAREST EMERGENCY ROOM OR CALL AN EMERGENCY NUMBER.
Risks. Weight management medications, including GLP-1 medications, may cause side effects and are not suitable for everyone; risk and side effect information is shown before payment and included with your order. By purchasing, you confirm that you have read this information and undertake to follow the physician's dosing instructions, report side effects and changes in your health, and complete any check-ins or re-assessments required to continue treatment. Results vary, and neither mWell nor GoRocky guarantees any outcome.
Data sharing. To fulfil your order and provide support, mWell transmits your name, contact details, delivery address, completed assessment, and prescription to GoRocky automatically through a secure system connection, after you consent in the App, consistent with Section 14.2 (Who We Share Your Data With).
Liability. mWell is not liable for products sold, dispensed, or delivered by GoRocky, or for medical advice given by the physician, consistent with Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), and Section 11 (Indemnity). Disputes between you and GoRocky concerning products purchased are subject to GoRocky's own Terms and Conditions; disputes between you and mWell are subject to Section 18 (Dispute Resolution and Governing Law).
D.5 Wearables
Products. We sell a variety of mWellness Wearable devices, with features and specifications as follows:
• mWell Prodigy Watch: Bluetooth connectivity; IPS touchscreen display; water resistant up to 1.5 meters; battery life up to 7 days; heart rate monitor; blood oxygen SpO2; over 100 sports modes.
• mWell Power Watch: Bluetooth connectivity; IPS touchscreen display; water resistant up to 1.5 meters; battery life up to 7 days; heart rate monitor; blood oxygen SpO2; blood pressure monitor.
• mWell Prestige Watch and mWell Prestige Sports Watch: Bluetooth connectivity; HD AMOLED touchscreen display; water resistant up to 1.5 meters; battery life up to 7 days; heart rate monitor; blood oxygen SpO2; over 100 sports modes; sleep tracking.
• mWell Smart Rings: Bluetooth connectivity; in-depth sleep tracking (light, deep, REM); lightweight, scratch-resistant titanium; up to 22 mAh, 7-day battery life; waterproof up to 50 meters for up to 12 hours; available in sizes 6–13.
• mWell ECG Rings: as above, plus electrocardiogram recording. The ECG Ring does not detect heart attacks, if you experience symptoms such as difficulty breathing or chest pain, seek emergency help. It is for personal screening purposes only, does not replace medical-grade ECGs performed in hospitals or clinics, and you should consult a medical professional for accurate diagnosis.
Purchase Channels and Payment. Products can be purchased through the following channels and payment methods:
(a) Online, direct-to-consumer: in the mWell app eShop via credit card; on Shopify (shop.mwell.com.ph) via credit card or e-wallet; through SMART Direct carrier-billing campaigns, by charging the purchase to your SMART mobile bill or load; on Shopee via all of Shopee's applicable payment methods; and on TikTok Shop via all of TikTok's applicable payment methods;
(b) Offline, direct-to-consumer: during mWell's pop-up events, via credit card, e-wallets, or cash; and
(c) Corporate/business-to-business: via Purchase Order or Sales Order, coordinated through mwellshop@mwell.com.ph.
Representations. By purchasing our Products, you represent that: (1) you are 18 years of age; (2) you confirm your agreement to these Terms of Use and the Privacy Policy; and (3) you acknowledge that our product specifications, prices, and applicable fees may change without prior notice. mWell does not guarantee the completeness, reliability, or accuracy of readings made by our Wearables; any action you take based on those readings, whether on the Wearable device or the app, is at your own risk. You also acknowledge the Software Support terms below.
Software Support. mWell, at its discretion, may update the mWell app and Wearable firmware. Updates may not support older Wearable generations or models, which may then stop connecting or syncing with the app ("End of Support"). End of Support may happen at any time without notice, and support at the time of purchase does not guarantee future support. A Wearable's generation may not be shown on its packaging. To check if your Wearable is supported, email its serial number to support@mwell.com.ph. End of Support is not a defect and is not covered by the warranty, unless your Wearable cannot sync with the app when you receive it.
Wearable Upgrade Program. From time to time, mWell may offer discounts or other promotions to selected owners of older or unsupported Wearables toward the purchase of a newer mWell Wearable ("Upgrade Program"). An Upgrade Program is available only to users who receive the offer directly from mWell through the mWell app, e-mail, SMS, or another official mWell channel, and only for the period and under the discount amounts, covered products, purchase channels, and redemption limits stated in that offer or its published mechanics. Offers are personal to the recipient and may not be transferred, shared, or resold. mWell decides, at its sole discretion, which users receive an offer. Subject to any applicable sales promotion permit and the law, mWell may change, suspend, or end an Upgrade Program at any time. An Upgrade Program is not a perpetual offer. Its availability at any time does not oblige mWell to extend it or offer it again, and does not entitle you to a free replacement, refund, credit, or other compensation for End of Support. Purchases made under an Upgrade Program remain subject to these Terms.
Delivery. Orders take 5–7 business days within Metro Manila, and 7–14 days outside Metro Manila, excluding weekends and holidays. Orders placed Monday to Thursday are processed the next day; orders placed Friday to Sunday are processed the following business day. mWell cannot be held liable for delays, damages, losses, liabilities, or costs arising from late deliveries.
Customers who order through our online platforms will be provided delivery links and tracking numbers. It is your responsibility to: (1) ensure your order details (Products ordered, costs, delivery address) are correct; (2) ensure you or your authorized representative can collect the Products in a timely manner once delivered; (3) coordinate directly with the third-party courier for delivery inquiries; and (4) check the Products for quality issues and raise any concerns to support@mwell.com.ph within 24 hours.
Warranty, Refunds, Replacements, and Cancellation. All Wearable devices are covered by a 7-day warranty, valid only for inherent hardware defects causing failure to charge, switch on, or synchronize with the app. Requests for replacement or refund must be made within seven (7) calendar days of receiving the device, by e-mailing support@mwell.com.ph. Approval typically takes 1–2 business days, with 2–3 business days for shipping and pickup arrangements; timing outside Manila may vary by courier.
Outside of inherent hardware defects as described above, requests for replacement or refund are not automatically granted and are assessed case-by-case. Devices that are evidently misused, tampered with, scratched, dented, or exposed to water or high temperatures do not qualify. For mWell Rings, it is your responsibility to order the correct size; mWell cannot be held liable and will not issue refunds or replacements for a Ring that does not fit, unless it is proven the size delivered did not match the size ordered.
The customized watch face on our special-edition watches can be erased on a factory reset. If this happens: (1) you contact our support team; (2) you send the watch to mWell's address below, shouldering the delivery fee; and (3) mWell receives the watch, facilitates rekitting, and shoulders the delivery fee back to you.
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Once a request for replacement or refund is approved:
(a) Replacement, device outside Metro Manila. Pack and seal the defective device, together with the official receipt/sales invoice for the courier (for reimbursement of the shipping cost), and send it to the address above. Once received, mWell inspects the product and ships a replacement, with tracking details provided by Customer Service.
(b) Replacement, device within Metro Manila. Pack and seal the defective device; mWell books a third-party courier for pick-up and delivery.
(c) Refunds. For online orders, refunds are processed through your original payment method. For Maya and credit card payments, refund processing takes 3 days; for cash, GCash, and QR PH, it takes 7 days. For on-ground orders paid in cash, the refund is issued on-site; for on-ground orders paid via Maya, GCash, or QR PH, the same lead times as online orders apply.
Orders may be cancelled as long as the item has not yet been shipped or picked up. Return to Sender is allowed, but, as with any return, the reason is subject to investigation and refunds remain subject to approval.
D.6 PLDT Home FamWell Plan
The PLDT Home FamWell Plan 399 (the “Plan”) is a health and wellness add-on service made available through the mWell App and bundled with an eligible PLDT Home subscription, offered jointly with PLDT, Inc. (“PLDT”). By activating, enrolling in, or using the Plan, you agree to be bound by this Section D.6, in addition to these Terms of Use and PLDT's own applicable terms and conditions.
Eligibility. The Plan is available only to existing PLDT Home residential and HomeBiz subscribers on voice-only, DSL, or Fiber plans, with a minimum account tenure of six (6) months at enrollment. Enrolled family members must be between 18 and 65 years old to qualify for health and wellness benefits, including medical consultations; mWell may verify a family member's age. Only one Plan may be availed per PLDT Home account, and enrollment is subject to PLDT's own account verification and eligibility processes.
Plan Inclusions. Upon activation, you gain access to an AI-powered Family Wellness Dashboard covering sleep, physical activity, sedentary behavior, and mental health indicators for up to four (4) enrolled family members, along with Family Wellness Challenges. The Plan includes: unlimited medical consultations with General Practitioners and Mental Health Counselors for up to four (4) family members, through Consult Now and Consult Later, for the first three (3) months from commercial launch, subject to re-evaluation afterward (you will be notified of any change); personal accident insurance coverage worth PhP 20,000 for the designated mWell Primary Member, underwritten by the applicable insurer, consistent with Section D.1 (Health Plans and Insurance Products); unlimited access to the Mind Health Score feature and Self-Guided Wellness Modules; and daily physical health tracking through the mWellness Score. Family members below 18 years old can only consult through an enrolled family member who is 18 or older, using the Consult Now feature.
Wearable Device. One Prestige Smart Watch is issued per enrolled Plan upon activation, covered by a seven (7)-day replacement warranty for manufacturing defects only, processed through mWell. No replacement device is issued upon renewal or continuation of the Plan after the Contract Period.
Subscription and Billing. The Plan is billed as an add-on to your PLDT Home monthly subscription at PhP 399.00 per month, automatically charged to your PLDT bill on your Billing Date. Failure to pay your PLDT bill may result in suspension of the Plan, as described below. Any mWell service or feature beyond what is expressly included in the Plan must be purchased separately through the mWell platform.
Lock-In Period and Cancellation. The Plan is subject to a twenty-four (24)-month lock-in period from the date of activation. After the lock-in period, the Plan automatically continues month-to-month unless you opt out, without a new lock-in period and without penalty; no new Wearable Device is issued on continuation. You may request cancellation through PLDT's designated channels, subject to PLDT's own terms and conditions.
Account Treatment and Suspension. If your PLDT Home account is placed under credit hold for non-payment, you and all enrolled family members lose access to the mWell Application and the Plan's inclusions effective on the Billing Date; access is automatically reinstated once your outstanding PLDT balance is fully settled.
Primary Account Holder and mWell Primary Member. The PLDT Subscriber of Record (the “Primary Account Holder”) is the sole account holder responsible for the Plan, including all enrollment decisions, payment of the monthly fee, the actions of all enrolled family members, ensuring enrolled family members are informed of and agree to these Terms and the mWell Privacy Policy, and all communications with PLDT or mWell about the Plan. The Primary Account Holder must be at least 18 years old. The Primary Account Holder may designate themselves or another individual as the mWell Primary Member, who receives the personal accident insurance benefit; this designation is permanent once enrollment is complete, and any dispute about it must be raised with mWell before enrollment is completed. Each enrolled family member must register on the mWell app using their own credentials; by enrolling a family member, the Primary Account Holder represents that the family member has consented to these Terms and the mWell Privacy Policy. The Primary Account Holder must notify PLDT or mWell immediately of any unauthorized account use or security breach.
Availment and Medical Disclaimer. The Plan may be enrolled in through the PLDT Home website, the PLDT Home app, or other channels PLDT and mWell make available. mWell is not a hospital, clinic, pharmacy, or licensed healthcare provider, and consultations under the Plan are not a substitute for in-person examination, emergency care, or diagnosis requiring physical contact. Medical advice given through the Plan is based on the information you or your family member disclose and applicable standards of care; mWell does not manage or control that advice.
THE PLAN IS NOT INTENDED FOR EMERGENCY OR SERIOUS MEDICAL CONDITIONS. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
Consultations: Scheduling, Cancellation, and Refund. Consultations may be booked on-call or by appointment through the mWell app; enrolled family members book using their own individual mWell accounts. You may cancel a scheduled Consult Later appointment at least six (6) hours before the scheduled time without penalty; cancelling less than six (6) hours before forfeits that consultation credit. An on-call consultation cancelled while still in the waiting room is credited back to your account. If a healthcare provider cancels or fails to attend within ten (10) minutes of the scheduled time, your consultation credit is reinstated. Telemedicine consultations under the Plan are to be used only where a healthcare provider is physically inaccessible, or for follow-up consultations with existing patients, and are not a substitute for emergency care.
Data Privacy. Your enrollment in the Plan is governed by the data privacy commitments in Section 14 (Data Privacy and Data Sharing) above. Health data generated through the Plan, including mWellness Scores, sleep data, and consultation records, is private to the enrolled individual except as shared within the Family Dashboard as described above. By enrolling a family member, the Primary Account Holder warrants that the family member has consented to the collection and processing of their data under the mWell Privacy Policy.
Third-Party Services. Some Plan benefits are delivered by third-party providers, including the insurer providing the personal accident insurance coverage. Your use of a third-party provider's services is subject to that provider's own terms and conditions, and mWell and PLDT are not liable for that provider's performance, availability, or conduct. In particular, the personal accident insurance coverage included in the Plan is an obligation solely of the applicable insurer, subject to that insurer's own eligibility requirements, terms, and conditions.
Liability. This Plan is also governed by Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Indemnity), Section 12 (Force Majeure), and Section 18 (Dispute Resolution and Governing Law) above, except that: (a) mWell's aggregate liability to you for claims arising from the Plan shall not exceed the total monthly Add-On Fees you actually paid in the three (3) months immediately preceding the claim, in place of the cap in Section 10; and (b) your indemnity obligations under Section 11 extend equally to PLDT and its parent, subsidiaries, affiliates, officers, directors, employees, agents, and licensors, including for the enrollment or use of the Plan by any family member enrolled through your account.
mWell PH App is available on both App Store and Google Play Store
mWellMD Doctor's App is available on App Store and Google Play Store!
mWell PH App is available on both App Store and Google Play Store
mWellMD Doctor's App is available on App Store and Google Play Store!
Available on both App Store and Google Play Store
