Serious MD - Now Serving

 

Terms and Conditions

 

This is a legal agreement that governs your use of the services of Serious MD - Now Serving (“SMD-NS”). By using SMD-NS, 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 SMD-NS and should not use any of our services.

 

This Agreement is between you and Leapfroggr, Inc (“LFI”). LFI operates SMD-NS, a platform that will enable you to connect with your physician/s who will provide telemedicine services through the Internet. During the telemedicine consultation session with your physician/s:

 

1)      Personal details of you and/or the patient’s medical history, examinations, x-rays, and tests will be collected and discussed with your physician/s and other health professionals through the use of interactive video, audio, and telecommunications technology if needed.

2)      Physical examination of you or the patient may take place.

3)      Non-medical technical personnel may be present in the telemedicine studio to aid in video transmission, if needed.

4)      Video, audio, and/or digital photo may be recorded during the telemedicine consultation session.

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

 

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

 

As the doctor-patient relationship is exclusively between you and your physician/s, you warrant that prior to engaging your physician’s or physicians’ professional services, you will be responsible in verifying and ensuring that they have the necessary license, eligibility, and qualification under Philippine laws and professional regulations to perform medical services. LFI does not warrant that your physician/s possess such necessary license, eligibility, and qualification. LFI, its successors-in-interest, stockholders, officers, directors, agents, or employees shall not be liable for any damages arising from the absence or defects of such necessary license, eligibility, and qualification of your physician/s.

 

SMD-NS 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 physicians through SMD-NS is not an adequate substitute or replacement for a "traditional in-person patient-physician" 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 SMD-NS's website ("Website") and to your registration for, and use of SMD-NS. You acknowledge that you have read, understand and accept all terms and conditions in this Agreement and those that are contained in the SMD-NS 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 SMD-NS. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not register to use SMD-NS. 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 LFI’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 SMD-NS 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 physicians in the Philippines and the use of SMD-NS services are in compliance with the laws of the country where you are situated. That in case of conflict, you warrant that LFI, 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 SMD-NS. During registration and use of SMD-NS, 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 SMD-NS 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 physician/s.

 

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

 

LFI’s retention and use of all Personal Details and Medical History shall be subject to SMD-NS Privacy Statement posted on its Website. You warrant that you have read and understood SMD-NS 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 physician/s. 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 SMD-NS 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 SMD-NS Privacy Statement. Upon LFI’s request, you will provide us with written proof of the consent and acceptance of the SMD-NS Privacy Statement by the member/s of your family or household.

 

By registering to use SMD-NS, 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 LFI. LFI makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with SMD-NS 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 SMD-NS via e-mail at privacy@seriousmd.com.

 

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

 

5.                  Non-Commercial and Proper Use of SMD-NS. SMD-NS is for your own personal non-commercial use only. You may use SMD-NS for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "Law"). LFI reserves the right to deny or suspend your access to the Website in the event of actual or potential misuse of SMD-NS. You agree that you will not use SMD-NS 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 SMD-NS to impersonate another person or misrepresent authorization to act on behalf of others or LFI. All messages transmitted via SMD-NS should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use SMD-NS, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of SMD-NS, or those accessed through or with the product of LFI, 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 SMD-NS. 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 SMD-NS. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of SMD-NS. 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 SMD-NS 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. LFI 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.                  Third-Party Advertisers. LFI may allow third-party advertisers to advertise in the Website. LFI does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. LFI does not warrant or validate the promotions, communications or other materials of third-party advertisers. You agree that LFI is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. LFI is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that LFI is not liable or responsible for any claims or losses due or attributable to third-party advertisers.

 

7.                  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 PHYSICIAN 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. LFI PROVIDES SMD-NS ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. LFI MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT SMD-NS. TO THE EXTENT PERMITTED BY LAW, LFI 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. LFI DOES NOT GUARANTEE THAT SMD-NS 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 LFI. LFI 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 SMD-NS, 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 physician/s, but that no results can be guaranteed or assured.

f)                   Your physician/s, 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 SMD-NS.

g)                  Temporary interruptions in service may occur and that data may be lost or corrupted in connection with use of SMD-NS.

 

You acknowledge and agree that LFI 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 SMD-NS 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 LFI. Your physician/s are not employees of LFI and are directly responsible for the quality and appropriateness of the care they render directly to you. LFI disclaims all liabilities for the acts or omissions of any persons or entities providing health or medical care to customers of SMD-NS. LFI makes no representation or warranty as to the content of any treatment response from any physicians. You and your physician/s are solely responsible for all information or communication during a medical consultation. LFI does not guarantee that a medical consultation through the platform is the appropriate course of treatment for your particular health care problem or concern. LFI will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while LFI may perform regular back-ups of all data stored, LFI 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 SMD-NS.

 

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

 

9.                  Indemnification. You agree to defend, indemnify and hold harmless LFI 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 SMD-NS platform and services, your breach of this Agreement, your relationship with or any advice provided by any physician/s, the content or subject matter of or any information you provide to LFI, any physician, or LFI 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.

 

10.              Force Majeure. LFI 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 LFI’s reasonable control.

 

11.              Term and Termination. Your access to the services of SMD-NS shall be terminated under the following circumstances: 1) The subscription of your physician/s to the Serious MD platform and any other services linked to SMD-NS has been terminated, and 2) Your physician/s 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 LFI without need of a written notice, without prejudice to LFI’s available remedies under Law. LFI reserves the right to terminate your use of SMD-NS if you breach this Agreement or for any other reason in LFI’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, LFI’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 SMD-NS, 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 physician/s in person.

 

12.              Notices. Any written notices or other communications to you will be addressed and sent to your email address you provided to LFI. Any written notices or other communications to LFI will be addressed and sent to Unit 439, Regina Building, Escolta St. corner Burke St., Binondo, Manila, 1006 Philippines.

 

13.              Relationship and No Third-Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and LFI. 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 LFI.

 

14.              Assignment and No Waiver. You may not assign or transfer this Agreement. LFI may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder.

 

15.              Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.

 

16.              Changes to the Terms of Use. LFI may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on SMD-NS's “Terms and Conditions” link on the Website. If you continue to use SMD-NS after LFI 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.

 

17.              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.

 

18.              Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with 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 in accordance with the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary in connection with this Agreement, the parties may seek appropriate relief before the courts of Manila to the exclusion of other venues.

 

 

Date: May 10, 2020