NowServing Terms and Conditions

This is a legal agreement that governs your use of the services of NowServing ("NowServing"). By using NowServing, you, the customer, unconditionally agrees to these Terms and Conditions (this "Agreement"). If you do not agree to this Agreement, you are not authorized to use the services of NowServing and should not use any of our services.

This Agreement is between you and NowServing Healthcare Corporation ("NS"). NS operates NowServing, a platform that will enable you to connect with your healthcare professional, who will provide telemedicine services through the Internet.

During the telemedicine consultation session with your healthcare professional:

Personal details of you and/or the patient's medical history, examinations, x-rays, and tests will be collected and discussed with your healthcare professional through the use of interactive video, audio, and telecommunications technology if needed.
Physical examination of you or the patient may take place.
Non-medical technical personnel may be present in the telemedicine studio to aid in video transmission, if needed.
Video, audio, and/or digital photo may be recorded during the telemedicine consultation session.
A. NS is authorized to process such recordings for quality control, audit, defense of legal claims, and for other legal and valid purposes.

B. You are prohibited from recording the telemedicine session and processing such recordings, unless the same is for a legitimate purpose and with due regard to the privacy and security of the parties involved in the telemedicine session. Your recording and processing of the telemedicine session is at your sole risk, and you warrant that NS, its successors-in-interest, stockholders, officers, directors, agents, or employees, shall not be liable for any act committed by you and/or your representatives in the processing of such recording.

C. NS adopts reasonable and appropriate security measures in safeguarding the recordings and other data/s under its control, but NS is not an insurer or guarantor against data breaches and similar security incidents.

You understand that NS only provides and operates the platform that allows you to connect with your healthcare professional, who will conduct the telemedicine services through the Internet. NS is not engaged in the practice of medicine, whether by and through NowServing, and does not provide health care or medical services. No information provided by NS constitutes the practice of medicine or any other medical profession. NS does not recommend or endorse any specific tests, products, procedures or opinions of the healthcare professional. ALL HEALTH CARE AND MEDICAL SERVICE ARE PERFORMED ONLY BY YOUR HEALTHCARE PROFESSIONALS. THE HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR THE MEDICAL SERVICES TO YOU AND COMPLIANCE WITH ANY AND ALL REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION.

NowServing 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. You acknowledge that the services provided by the healthcare professionals through NowServing is not an adequate substitute or replacement for a "traditional in-person patient-healthcare professional" consultation, diagnosis or treatment due to its inherent limitations, like inadequacy of virtual physical examinations, and/or lack of access to medical tools for further diagnosis, among others. This Agreement applies to your use of NowServing's website ("Website") and to your registration for, and use of NowServing. You acknowledge that you have read, understand and accept all terms and conditions in this Agreement and those that are contained in the NowServing Privacy Statement, 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 NowServing. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register to use NowServing. If you are acting on behalf of member/s of your family or household, you represent and warrant that you are authorized to act for and on behalf of, and to bind such member/s of your family or household. You also warrant that you have fully informed each of the members of your family or household and that they have fully understood, consented, and accepted these Terms and Conditions. Upon NS's request, you will provide us with written proof of the consent and acceptance of this Agreement by the member/s of your family or household.

2. Location. The access to and use of NowServing is limited to natural persons located in the Philippines. For patients who will use the application outside the Philippines, you warrant that the availment of medical services from healthcare professionals in the Philippines and the use of NowServing services are in compliance with the laws of the country where you are situated. That in case of conflict, you warrant that NS, its successors-in-interest, stockholders, officers, directors, agents, or employees, shall not be made a party to such litigation and shall not be liable in any capacity.

3. Registration, Personal Information and Medical History. You must register to use NowServing. During registration and use of NowServing, you will be required to provide certain personal information, including your name, address, phone number, and other personal circumstance ("Personal Details") and personal, medical or health information ("Medical History"). It is your sole responsibility to update NowServing of changes to your Personal Details, Medical History, and your other personal information so that all your records are current, complete and accurate and such changes shall form part of your records, for access and use by your healthcare professional.

By using NowServing, you agree to disclose the contents of your Personal Details and Medical History to your healthcare professional and NS Personnel. You consent to sharing your personal information among your healthcare professional, and NS Personnel within NowServing so that your healthcare professional can better provide their own professional opinion. Further, you agree to allow NS to process and use anonymized data from your Medical History collected in the NowServing platform for medical research purposes and for dissemination to researchers and other similar entities.

NS's retention and use of all Personal Details and Medical History shall be subject to NowServing Privacy Statement posted on its Website. You warrant that you have read and understood NowServing' Privacy Statement, and consent to the collection and processing of your Personal Details and Medical History, as detailed therein, for access and use by your healthcare professional. To reiterate, the personal information that may be collected from you, and the processing of which you hereby give consent to, include, among others:

A. Details of you and/or the patient's medical history, examinations, x-rays, and tests which may be collected and discussed with your physician/s and other health professionals through the use of interactive video, audio, and telecommunications technology.

B. Physical examination of you or the patient, if applicable.

C. Video, audio, and/or digital photo that may be transmitted and/or recorded during the telemedicine consultation session with your physician/s.

If you are acting on behalf of the members of your family or household, you warrant that you are authorized to act for and have obtained the consent of the member/s of your family or household to the collection and/or processing of their personal information in accordance with the NowServing Privacy Statement posted on the Website prior to sharing any of their personal information with us. You also warrant that you have fully informed each member of your family or household and that they have fully understood, consented, and accepted the NowServing Privacy Statement. Upon NS's request, you will provide us with written proof of the consent and acceptance of the NowServing Privacy Statement by the member/s of your family or household.

By registering to use NowServing, you agree to receive information regarding common medical and health related topics or preventive care messages containing medical and health related information. 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 NS. NS makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with NowServing at the Website 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 NowServing via e-mail at privacy@nowserving.ph.

4. Price and Payment. Except for the payment of professional fees as may or will be billed by your healthcare professional for the professional services rendered, no separate fee shall be assessed and paid to NowServing or its affiliates in connection with your use of NowServing services. NS has no control over the amount of professional fees that are charged to you by your healthcare professional.

5. Non-Commercial and Proper Use of NowServing. NowServing is for your own personal non-commercial use only. You may use NowServing for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "Law"). NS reserves the right to deny or suspend your access to the Website in the event of actual or potential misuse of NowServing. You agree that you will not use NowServing 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 NowServing to impersonate another person or misrepresent authorization to act on behalf of others or NS. All messages transmitted via NowServing should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use NowServing, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of NowServing, or those accessed through or with the product of NS, and must not attempt to gain unauthorized access. You may not harvest or collect Personal Details or Medical History about any other individual who uses NowServing. 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 Website or NowServing. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of NowServing. You will not use robots or scripts with the Website. 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 Website. 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 Website, and your use of NowServing will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. NS 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, a copyright, trademark or other intellectual property or ownership right of any other person.

6. Undertakings, Representations, and Warranties.

a) By using the service or participating in a session, you agree to provide any information necessary or relevant for its provision. You represent and warrant that all information you provide will be accurate, truthful, complete, and kept up to date. You accept full responsibility for the accuracy, authenticity, completeness, and reliability of the information you submit. Additionally, you confirm that any information provided through the Platform, service, or session does not and will not infringe upon or violate any copyright, patent, trademark, trade secret, privacy, publicity, or other proprietary rights of any party. NS reserves the right, at its sole discretion, to remove or delete any information you provide if it is deemed fraudulent, abusive, defamatory, obscene, or in violation of any applicable law, regulation, or intellectual property rights, whether upon request by a third party or on its own initiative.

b) The information you provide may include Personal Information, Sensitive Personal Information, or Privileged Information, as defined under the Data Privacy Act of 2012 and NS's Privacy Policies. By providing such information, you consent to its processing, as defined under the Data Privacy Act of 2012 and NS's Privacy Policies, by NS and any other data controller or processors deemed necessary by NS, including professionals, for the performance of the service or session.

c) You hereby represent and warrant that you have read, understood, and fully agree to NS's Privacy Policies incorporated in this Agreement.

d) You acknowledge and agree that you sufficiently know the limitations and restrictions of the service and agree to use the same taking into account such limitations and restrictions.

e) You represent and warrant that you will use the service for personal and non-commercial use only and at all times for lawful purposes only, consistent with applicable Laws.

f) You agree, represent, and warrant to uphold the integrity of the service. Accordingly, you shall not:

i. Use another person's account or allow others to use your account, except in the limited circumstances indicated in this Agreement, e.g. Acting on behalf of a family member.

ii. Share account details, including your username and password.

iii. Gain unauthorized access to the service or any session, including being present at the same location without express consent from NS.

iv. Record any Session or conversation without the express consent from NS or any of its representatives.

v. Impersonate another person or use a fictitious or false name.

vi. Post, display, or transmit any content that is illicit, illegal, immoral, threatening, false, misleading, abusive, libelous, pornographic, or profane.

vii. Misrepresent any authority or representation.

viii. Compromise cybersecurity, threaten privacy, or breach data protection by posting or transmitting any data, material, or content containing malware or malicious software designed to attack, damage, destroy, intercept, interfere with, manipulate, or otherwise disrupt the Platform, service, or the information security platform used for the session, or to gain unauthorized access to Personal Data.

ix. Use the service in any manner that compromises or undermines its integrity, efficiency, or security.

g) You agree, represent, and warrant that you have sufficient cybersecurity tools, such as antivirus and anti-spyware software, and are fully knowledgeable about using the third-party information technology platform utilized for the Session. You acknowledge and agree that the use of this third-party platform is subject to its own terms and conditions, which you have separately accepted when downloading the application. You further acknowledge and accept sole responsibility for any cybersecurity issues or attacks related to or arising from the use of your own computer, hardware, software, or applications.

h) You represent and warrant that you have paid for the service and have done so using your or funds or are authorized to use the funds of another.

7. Third-Party Advertisers. NS may allow third-party advertisers to advertise in the Website. NS does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. NS does not warrant or validate the promotions, communications or other materials of third-party advertisers. You agree that NS is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. NS is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that NS is not liable or responsible for any claims or losses due or attributable to third-party advertisers.

8. Limitations on Use and Disclaimer of Warranties.

THE USE OF VIDEO TECHNOLOGY TO DELIVER HEALTHCARE AND EDUCATIONAL SERVICES IS A NEW TECHNOLOGY AND MAY NOT BE EQUIVALENT TO DIRECT PATIENT TO HEALTHCARE PROFESSIONAL CONTACT. HENCE,YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. NS PROVIDES NowServing ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. NS MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT NowServing. TO THE EXTENT PERMITTED BY LAW, NS 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. NS DOES NOT GUARANTEE THAT NowServing 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 NS. NS 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 NowServing, such as but not limited to the following:

A. In some instances, the information you have provided may not be sufficient for your physician/s to provide the appropriate medical advice;

B. Delays in assessment and advice could occur due to failure of the electronic systems;

C. In some instances, a lack of access to all your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;

D. Reasonable and appropriate security measures are in place to protect the privacy and security of your Personal Information and Medical History. However, in some instances, security protocols may fail and cause a breach of privacy and/or Personal Information and Medical History.

E. You may expect the anticipated benefits from the use of healthcare services provided by your healthcare professional, but that no results can be guaranteed or assured.

F. Your healthcare professional, in his or her sole discretion and professional judgment, may determine that his/her healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her healthcare services to you through NowServing.

G. Temporary interruptions in service may occur and that data may be lost or corrupted in connection with use of NowServing.

You acknowledge and agree that NS is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof, 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 NowServing 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 NS. Your healthcare professionals are not employees of NS and are directly responsible for the quality and appropriateness of the care they render directly to you. NS disclaims all liabilities for the acts or omissions of any persons or entities providing health or medical care to customers of NowServing. NS makes no representation or warranty as to the content of any treatment response from any healthcare professional. You and your healthcare professional are solely responsible for all information or communication during a medical consultation. NS does not guarantee that a medical consultation through the platform is the appropriate course of treatment for your particular health care problem or concern. NS will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while NS may perform regular back-ups of all data stored, NS shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of NowServing.

9. Limitation of Liability. If you choose to use NowServing, you must do so at your own risk. Under no circumstance will NS be liable to you for, and you hereby knowingly and voluntarily release NS 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 NowServing, your inability to use NowServing irrespective of the cause of that inability, any delay in or interruption of your use of NowServing regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to NS via NowServing, or transmitted by NS 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 NS in connection with NowServing, or any other act, omission, matter or thing whatsoever having to do with NowServing. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that NS's aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed Five Thousand Pesos (PHP 5,000.00).

10. Indemnification. You agree to defend, indemnify and hold harmless NS from and against any and all 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 the NowServing platform and services, your breach of this Agreement, your relationship with or any advice provided by any healthcare professional, the content or subject matter of or any information you provide to NS, any healthcare professional, or NS Personnel, or any negligent or wrongful action or omission by you or any information posted on the Website, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

11. Force Majeure. NS 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, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond NS's reasonable control.

12. Term and Termination. Your access to the services of NowServing shall be terminated under the following circumstances: 1) The subscription of your healthcare professional to the Serious MD platform and any other services linked to NowServing has been terminated, and 2) Your healthcare professional deleted your account in his or her list of patients in the Serious MD platform. Notwithstanding such terms, your breach of this Agreement, will result automatically in the immediate termination of this Agreement by NS without need of a written notice, without prejudice to NS's available remedies under Law. NS reserves the right to terminate your use of NowServing if you breach this Agreement or for any other reason in NS'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 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, NS'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 Privacy Statement stated herein shall survive the termination of this Agreement.

Notwithstanding the foregoing, you may withhold or withdraw consent to the use of NowServing, its Website, and its platform, at any time without affecting your right to future care or treatment. You have the free option to consult with your healthcare professional in person.

NowServingTerms and Conditions

NowServing
Terms and Conditions