Last revised 15 July 2021
2. Availment of Service / Use of the Application
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.
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
7. Telemedicine Processing Fee
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.
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.
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.
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.
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
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.
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.
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
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.
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
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