By using CaseNote MD, you, the customer, unconditionally agree to these Terms and Conditions (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use CaseNote MD. This Agreement is between you and LegionTech Inc. (“LTI”). 

 

LTI operates an Information and Communication Technology (“ICT”) facility that will enable you to connect to licensed physicians (“Licensed Physicians”) by using your mobile and landline phones (the “CaseNote MD”). 

 

LTI is not engaged in the practice of medicine, whether by and through CaseNote MD and does not provide health care or medical services. No information provided by LTI constitutes the practice of medicine or any other medical profession. LTI does not recommend or endorse any specific tests, products, procedures, or opinions of the Licensed Physicians. ALL HEALTH CARE AND MEDICAL SERVICES ARE PERFORMED ONLY BY LICENSED PHYSICIANS. THE LICENSED PHYSICIANS ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES PRESCRIBED TO YOU AND IN COMPLIANCE WITH ANY AND ALL REQUIREMENTS APPLICABLE TO HIS OR HER EXERCISE OF PROFESSION. 

 

CaseNote MD is not for medical emergencies or urgent situations. If you have an emergency, please go to your nearest hospital and seek immediate assistance from medical emergency personnel. The services provided by Licensed Physicians are not intended to be a substitute or replacement for professional medical advice, diagnosis, or treatment. 

 

This Agreement applies to your use of LTI’s website (“Site”) at https://casenote-md.com/ and your registration for, subscription to, and use of CaseNote MD. You acknowledge that you understand, have read and accepted all terms and conditions in this Agreement and those that are contained in the LTI Data Privacy Policy, which shall form an integral part of this Agreement.

 

1. Age and Capacity.

You represent and warrant that you are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use CaseNote MD. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register or use CaseNote MD. If you are acting on behalf of your nominated member/s, you represent and warrant that you are authorized to act for and on behalf of and to bind such nominated member/s. You also warrant that you have fully informed each of the nominated members of these Terms and Conditions and that they have fully understood, consented, and accepted the same. Upon LTI’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your nominated member/s and (b) the consent and acceptance of this Agreement by the nominated member/s.

 

2. Registration, Personal Information, and Medical History.

You must register to use CaseNote MD. During registration and use of CaseNote MD, you will be required to provide certain personally identifiable information (collectively, “Personal Data”), including your name, address, phone number (“Personal Information”), and sensitive personal information such as but not limited to, personal, medical or health information (“Medical History”). It is your sole responsibility to update LTI of changes to your Personal Data so that all your records are current, complete, and accurate and such changes shall form part of your Personal Data. By using CaseNote MD, you agree to disclose the contents of your Personal Data to the Licensed Physicians, as well as to LTI, its subsidiaries, affiliates, partners, and third-party service providers as part of its business operations and provision of services.   LTI’s retention and use of all Personal Data shall be subject to LTI’s Data Privacy Policy posted on its Site. You warrant that you have read and understood LTI’s Data Privacy Policy, and consent to the collection and processing of your Personal Data by LTI and its subsidiaries, affiliates, partners, and third-party service providers, as detailed therein and for access and use by the Licensed Physicians. If you are acting on behalf of your nominated members, you warrant that you are authorized to act for and have obtained the consent of your nominated member/s to the collection and/or processing of their personal information under the LTI Data Privacy Policy posted on the Site before sharing any of their personal information with us. You also warrant that you have fully informed each nominated member and that they have fully understood, consented to, and accepted the LTI Data Privacy Policy. Upon LTI’s request, you will provide us with written proof of (a) your authorization to act on behalf of your nominated member/s, and (b) the consent and acceptance of the LTI Data Privacy Policy by your nominated member/s. By registering to use CaseNote MD, you agree to receive information regarding common medical and health-related topics or preventive care messages containing medical and health-related information, or marketing promotions and notifications related to the service. This information is for general educational and informational purposes only. In no case should such information be considered or relied upon as a substitute or replacement for medical advice, diagnosis, and treatment. Neither should it be construed, directly or indirectly, as constituting the practice of medicine or any other profession or dispensing of health care or medical service by LTI. LTI makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with CaseNote MD at its Site or otherwise, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction that you may take in connection with such information. If you do not wish to receive such communications, you may opt-out at any time by contacting the CaseNote MD hotline (+63 (2) 8631 4648  for mobile;  (2) 8631 4648 for landline). Access to and use of CaseNote MD is limited to customers with a registered address in the Philippines.

 

3. Price and Payment. 

You agree to timely pay all amounts due and owing under the plan for CaseNote MD that you subscribe to upon registration and for all other fees that may be charged in connection with your use of CaseNote MD. For Subscription Plans paid through Globe Telecom Inc. (“Globe”), you hereby authorize Globe to collect any and all amounts payable by you under your CaseNote MD subscription plan, for and on behalf of LTI. If your CaseNote MD subscription plan is prepaid, the amounts that you must pay will be deducted against your load. If your CaseNote MD subscription plan is postpaid, the amount payable will be reflected in Globe’s monthly billing statement and paid by the due date indicated therein. For Subscription Plans paid using your credit card or any electronic payment facility, you hereby authorize your credit card company or the electronic payment facility provider to collect any amount payable by you under your CaseNote MD subscription plan.

 

4. Non-Commercial and Proper Use of KonsultaMD. 

CaseNote MD is for your own personal and non-commercial use only. You may use CaseNote MD for lawful purposes only and only in ways consistent with applicable national or local laws, rules, and regulations (collectively “Law”). LTI reserves the right to deny or suspend your access to CaseNote MD in the event of actual or potential misuse of CaseNote MD. You agree that you will not use CaseNote MD as a substitute or replacement for professional medical advice, diagnosis, or treatment. You will not post or transmit a message under a false name, or use the network resources of CaseNote MD to impersonate another person or misrepresent an authorization to act on behalf of others or LTI. All messages transmitted via CaseNote MD should correctly identify the sender. You will not allow another person or entity to use your account, username, or password to access or use CaseNote MD or post or view comments. You shall not undermine the security or integrity of computing systems or networks of CaseNote MD, or those accessed through or with the product of LTI, and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses CaseNote MD. You may not post or transmit any data, materials, content, or information which is threatening, false, misleading, abusive, libelous, pornographic, or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Site or CaseNote MD. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of CaseNote MD. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting. You further agree that any information you provide or use on the Site, and your use of CaseNote MD will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or another proprietary, publicity, or privacy rights of any party, including such rights of said parties. LTI maintains the right to delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of Law, copyright, trademark, or other intellectual property or ownership right of any other person.

 

5. Third-Party Advertisers.

LTI may allow third-party advertisers to advertise on the CaseNote MD Site. LTI does not endorse or guarantee the accuracy or reliability of any of the advertisements, products, or services of third parties. LTI does not warrant or validate the promotions, communications, or other materials of third-party advertisers. You agree that LTI is not responsible or liable for any content or other materials or claims supplied by third-party advertisers. LTI is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that LTI is not liable or responsible for any claim or loss due to or attributable to third-party advertisers.

 

6. Limitations on Use and Disclaimer of Warranties. 

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. LTI PROVIDES CASENOTE MD ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. LTI MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT CASENOTE MD. TO THE EXTENT PERMITTED BY LAW, LTI DISCLAIMS IMPLIED WARRANTIES, INCLUDING ANY WARRANTY THAT THE SERVICE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. LTI DOES NOT GUARANTEE THAT KONSULTAMD OR ITS INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, ACCURATE, TIMELY, USEFUL, ADEQUATE, COMPLETE, OR SUITABLE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, AND ANY SERVICE INTERRUPTION CAUSED BY LTI. LTI IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF DATA CARRIED OVER LOCAL OR INTERCHANGE TELECOMMUNICATION CARRIERS. 

 

You understand and agree to assume the potential risks associated with the use of CaseNote MD, such as but not limited to the following:

(a) In some instances, the information you have provided may not be sufficient for the Licensed Physician to provide the appropriate medical information;

(b) Delays in assessment and advice could occur due to failure of the electronic systems;

(c) In some instances, your failure to provide accurate and/or complete medical records to the Licensed Physician may result in adverse drug reactions or allergic reactions, or other judgment errors;

(d) You may expect the anticipated benefits from the use of the medical information or healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.

(e) Your Licensed Physician, in his or her sole discretion and professional judgment may determine that his/her medical information or healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her medical information or healthcare services to you through CaseNote MD.

(f) Temporary interruptions in service may occur in connection with the use of CaseNote MD.

 

You acknowledge and agree that LTI is not responsible for any printing, typographical or technological errors regardless of the matter, media, material, or form thereof. Neither shall LTI be responsible for electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur (regardless of the matter, media, material or form thereof), incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information (regardless of the matter, media, information or form thereof), technical failures of any kind, inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise. Nothing in CaseNote MD is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by LTI. Licensed Physicians are not employees of LTI and are directly responsible for the quality and appropriateness of the medical information and healthcare services they render directly to you. LTI disclaims all liabilities for the acts or omissions of any provider providing medical information or health care to customers of CaseNote MD. LTI makes no representation or warranty as to the content of any medical information or healthcare response from any Licensed Physician. You and the Licensed Physician are solely responsible for all information or communication exchanged during a medical consultation. LTI does not guarantee that a medical consultation through an ICT facility is the appropriate course of treatment for your particular health care problem or concern. LTI will take commercially reasonable precautions to protect against the failure of our equipment and software. You acknowledge and agree that, while LTI may perform regular back-ups of all data stored, LTI shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of the restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of CaseNote MD.

 

7. Limitation of Liability.

If you choose to use CaseNote MD, you must do so at your own risk. Under no circumstance will LTI be liable to you for, and you hereby knowingly and voluntarily release LTI from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of CaseNote MD, your inability to use CaseNote MD irrespective of the cause of that inability, any delay in or interruption of your use of CaseNote MD regardless of the cause of the delay or interruption, any corruption of any data that is transmitted by you to LTI via CaseNote MD, or transmitted by LTI to you by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to LTI in connection with CaseNote MD, or any other act, omission, matter or thing whatsoever having to do with CaseNote MD. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that LTI’s aggregate liability to you for any damages, losses, fees, charges, expenses, or liabilities shall not exceed the amount of the last subscription price paid by you for one (1) month.

 

8. Indemnification. 

You agree to defend, indemnify, and hold harmless LTI from and against any rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys’ fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of CaseNote MD, your subscription, your breach of this Agreement, the relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to LTI, any License Physician, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

 

9. Force Majeure.

LTI shall not be liable for any damage, claims, liabilities, losses, costs, and expenses arising out of the delay or interruption of its performance of any obligations due to any act of God, the act of governmental authority, the act of a public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond LTI’s reasonable control.

 

10. Term and Termination.

You are allowed to use CaseNote MD for the term of this Agreement as indicated in your CaseNote MD subscription plan. Notwithstanding such term, your breach of this Agreement, including non-payment for CaseNote MD, will result automatically in the immediate termination of this Agreement by LTI, without prejudice to LTI’s available remedies under the Law. LTI reserves the right to terminate your use of KonsultaMD if you breach this Agreement or for any other reason at LTI’s discretion. It is agreed and understood that prior resort to arbitration is not required for the above automatic and immediate termination of this Agreement. You waive any right to insist on a prior resort to arbitration to the fullest extent allowed under applicable law. If you dispute or question such termination, you agree that pending determination of the validity or effectivity of the termination, LTI’s obligations under the Agreement, except those which are intended to survive the termination or expiration of the Agreement, shall be deemed suspended. You further understand that you will shoulder all costs of the proceedings, including attorney’s fees, should the termination be found to be proper. The provisions on Indemnification, Limitation of Liability, and the Data Privacy Policy stated herein shall survive the termination of this Agreement.

 

11. Notices. 

Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to CaseNote MD. Any written notices or other communications to LTI will be addressed and sent to LegionTech Inc., Unit 907-A West Tower, PSE Ctr., Exchange Rd., Ortigas Center, Pasig City.

 

12. Relationship and No Thirty Party Rights.

This Agreement does not, in any case, create a doctor-patient relationship between you and LTI. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement on any person other than you and LTI.

 

13. Assignment and No Waiver. 

You may not assign or transfer this Agreement. LTI may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder. Failure of any of the parties to insist in one or more instances on the strict performance of any of the covenants of this Agreement or to exercise any portion hereof contained, shall thereafter not be construed as abandonment or cancellation or waiver of such covenant or option by the party who failed to enforce the strict performance of the provisions of this Agreement. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives its rights under this Agreement.

 

14. Entire Agreement. 

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.

 

15. Changes to the Terms of Use. 

LTI may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on CaseNote MD’s “Terms and Conditions” link on the Site (https://casenote-md.com/terms-and-condition). If you continue to use CaseNote MD after LTI makes changes to the provisions of this Agreement, you are signifying your acceptance of the revised Agreement. You are responsible for checking these terms and conditions periodically for any changes.

 

16. Separability. 

If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any law, such provision to the extent possible shall be interpreted in such a manner to comply with such law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.

 

17. Governing Law and Dispute Resolution.

This Agreement shall be governed by and construed under the laws of the Philippines. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof shall be settled by arbitration in the Philippines by a panel of three (3) arbitrators under the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary for connection with this Agreement, the parties may seek appropriate relief before the courts of Pasig City to the exclusion of other venues