mWell

Terms of Use

Last revised 15 July 2021

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, CareSpan Asia Inc., LotusFlare Asia PTE LTD, ePLDT, Inc., PayMaya Philippines Inc., TELUS Global Solutions Ltd., and Ping An International Smart City (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.

It is mutually understood and agreed that the healthcare provider and the Company, in performing their respective duties and obligations under these Terms of Use, are at all times acting and performing as independent entities with respect to each other. Nothing in these Terms of Use is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship, or to allow the Company to exercise control or direction of any nature, kind or description over the manner or method by which the healthcare provider performs his/her professional services.

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.

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 you are duly authorized to: (a) arrange for the telemedicine consultation on behalf of the patient, and (b) provide the personal data of the patient to the Company and/or the healthcare provider. 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
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 e-mail or through the Application.

Refunds will be paid by mWell PH reward points which shall be credited to your account within three (3) business days. You may, however, request that your refund 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 thirty (30) business days depending on your bank’s processing time.

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.Late COVID-19 Testing Appointment

If you are more than one (1) hour late for your scheduled COVID-19 testing appointment, the same may need to be rescheduled. This is to ensure that customers who arrive on time do not wait longer than necessary. You may be given the option to reschedule your appointment time on the same day if there is an available slot.

For the avoidance of doubt, this policy applies only to COVID-19 testing appointments, and subject to modification depending on the rules of the specific healthcare institution which will provide the COVID-19 testing services.

e.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. Order Inspection, Cancellation, Return and Refund
a. Inspection

You may inspect the purchased products to check the quality and correctness of the delivered products. Consignees without accounts may only verify the details indicated on the Airway Bill/Proof of Delivery.

By signing the receiving documents, you agree and acknowledge that purchased products are in good condition and no defects in quality or quantity have been found.

b. Cancellation

You may cancel your order only before the Merchant (as defined in Section 18) confirms your order. To complete the cancellation, you must immediately contact customer support.

c. Return and Exchange

You may apply for return and/or exchange of the purchased products no later than seven (7) days after delivery only in the following circumstances: (a) the product is either expired, defective or damaged upon delivery; (b) the product delivered does not match the product description and/or specifications posted in the Application; (c) the purchased product is incomplete; or (d) the product delivered is different from what you ordered. Products that are part of a set or come in a bundle must be returned as a complete set (any and all accessories included). You must present to us the original copy of the sales invoice of the purchased products for us to facilitate the processing of your request for return.

Cosmetic products, undergarments, and similar products are not eligible for returns due to strict hygienic standards. Products on sale are non-refundable.

Returns due to change of mind will not be accepted.

d. Refund

You are entitled to refund only in the following circumstances: (a) cancellations before the Merchant confirmed your order; (b) Merchant limitations for exchange of purchase products; or (c) failed delivery attempt of paid orders. 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 e-mail or through the Application.

You will be refunded the amount paid for the products returned, excluding any delivery charges, if applicable.

Refunds will be paid by mWell PH reward points which shall be credited to your account within three (3) business days. You may, however, request that your refund be paid through bank transfer. We will not issue any refunds through bank transfer unless you provide your bank account details. Refunds will be credited your account within thirty (30) business days depending on your bank’s processing time.

10. Delivery
We will send purchased products to you by courier service. It is your responsibility to ensure that the delivery details you provide are accurate and complete.

In case you missed the delivery of your order or failed to provide an accurate and complete delivery address, we can arrange for the redelivery of your order with additional charges. Redelivery of purchased products shall be for a maximum of three (3) attempts. Should your order remain undelivered after the third attempt, your order will be cancelled. All paid orders will be refunded accordingly.

11. Disclaimer on Insurance Products
Insurance products are obligations only of the insurance companies. Your application for insurance is directly with the insurance companies, and the delivery of the policy/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 policy/product purchased, and deliver the policy/product that you purchased.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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 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.

17. 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., LotusFlare Asia PTE LTD, ePLDT, Inc., PayMaya Philippines Inc., TELUS Global Solutions Ltd., and Ping An International Smart City (“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 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. Geographical Restrictions
The Company is organized under the laws of the Republic of the Philippines. We offer the Services and use of the Application only by persons residing in the Philippines.

25. 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.

26. 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.