Introduction

Welcome to ANYWHEREMD personal EMR and E-consult.

AnywhereMD E-Consult is the online consultation platform and EMR system of the CVM Clinics and Surgicenter, Inc. It functions as an online communication system to allow doctors and their patients to interact in a safe, secure and confidential virtual space. It also serves as a personal electronic medical records charting system and a repository of clinical data used during the online and face to face consultations.

As a virtual space for doctor-patient interaction, utilization of the services of Anywhere M.D. is compliant with and governed by the Data Privacy Act of the Philippines (R.A. 10173), its implementing rules and regulations, and all laws governing the course of a normal doctor-patient relationship under Philippine jurisdiction.

Please know that AnywhereMD E-Consult and the CVMC Clinics and Surgicenter is not a party to consultations and transactions between doctor and patient, and only provides the online consultation platform to allow the doctor and patient to interact in a virtual space.

AnywhereMD is not engaged in the practice of medicine, whether by and through its E-Consult platform, and does not provide health care or medical services. No information provided by AnywhereMD E-Consult constitutes the practice of medicine or any other medical profession. AnywhereMD E-Consult 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 PERSONS WHO HOLD THEMSELVES OUT AS LICENSED PHYSICIANS UNDER THE TERRITORIAL JURISDICTION OF THE PHILIPPINES. 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.

The following Terms and Conditions govern your use of our website located at https://anywheremd.ph/ operated by AnywhereMD.

These Terms and Conditions shall apply to all visitors, patient users, physician users and clinic users, and any other persons who wish to access the AnywhereMD E-Consult.

Our Data Privacy Policy also governs your use of the AnywhereMD E-Consult, hereto referred as the Service, and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your use of our platform, creation of a patient or physician user account with us means that you acknowledge that you have read, understood and agree to the Terms and Conditions, Data Privacy Policy and any other terms of service indicated within the website of AnywhereMD E-Consult.

On the other hand, if you do not agree with these terms, you may opt not to use the Service, but we would appreciate hearing from you by emailing us at [email protected] so we can further assist you.

Definition of Terms

The following words shall have the meanings ascribed to them as follows:

  1. “AnywhereMD” means (CVM Clinics and Surgicenter, Inc), a corporation duly existing under the laws of the Philippines.
  2. “AnywhereMD E-Consult” is the online consultation platform of the CVM Clinics and Surgicenter, Inc. It functions as an online communication system to allow doctors and their patients to interact in a safe, secure and confidential virtual space. It also serves as a repository of clinical data used during the online consultation.
  3. “EMR” means electronic medical records.
  4. “Service” or “Services” means AnywhereMD products, software, services, and website (including but not limited to text, graphics, images, and other material and information), as accessed from time to time by the user, regardless if the use is in connection with an account or not.
  5. “Patient User” are users of the Service who comply with the definition of a Patient User and has a Patient User Account as provided for in this Terms and Conditions.
  6. “Clinic User” is a medical facility such as a clinic, hospital, infirmary or ambulatory surgical centers that registered for the use of Anywhere MD's EMR and telemedicine platform.
  7. “Personal Information” is information that can be used to identify you, either alone or in combination with other information, as defined primarily under the Data Privacy Act of 2012 of the Philippines (R.A. 10173) and its implementing rules and regulations. AnywhereMD E-Consult collects and stores the following types of Personal Information:
    1. “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
    2. “Professional Information” is information regarding your professional capacity which proves or tends to prove you are a licensed physician in good standing.
    3. “Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your AnywhereMD E-Consult Patient User account.
    4. “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information-generated by users of AnywhereMD E-Consult Services and transmitted, whether publicly or privately, to or through AnywhereMD E-Consult.
    5. “Web Behavior Information” is information on how you use the AnywhereMD E-Consult website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
  8. “Physician User” is a Licensed Physician who is a user and owner of a Physician Account in AnywhereMD E-Consult.

Users and Accounts

Users of the Service may either be Licensed Physicians, Patients or Clinics. All Users are required to register and create an Account in order to access the Service.

Only Licensed Physicians may create a Physician User account, and AnywhereMD reserves the right to require information and credentials from the applicant to verify and ascertain the capacity of the applicant to practice medicine within the Philippines. AnywhereMD further reserves the right to accept or reject any application for whatever reasons and purposes it may see fit. By creating a Physician User Account, you represent that you have all qualifications necessary to be considered a medical physician in good standing licensed to practice medicine within the Philippines.

Only natural persons of legal age who are Filipino citizens or are within the territory of the Philippines may create a Patient User Account. By creating a Patient User Account, you are a natural person of legal age who is a Filipino Citizen or within the territory of the Philippines either at the time of creation of the account or upon use of AnywhereMD E-Consult.

Only clinics with business permits may create a Clinic User Account.

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if AnywhereMD has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, AnywhereMD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

As part of the account creation, you will create a user name, password and account designation. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. If you are registering for a clinic, a username and password will be provided initially to the authorized representative of the clinic.

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access AnywhereMD E-Consult website through your username and password, you will defend and indemnify AnywhereMD E-Consult and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify AnywhereMD E-Consult of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AnywhereMD E-Consult cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. AnywhereMD E-Consult reserves the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Scope of Teleconsultation Services

AnywhereMD E-Consult offers teleconsultation primarily for NON-URGENT related medical cases such as but not limited to acne, allergies, constipation, cough, diarrhea, ear problems, flu, headache, insect bites, nausea, pink eye, rash, respiratory problems, sore throat, and urinary problems. It is NOT OFFERED FOR URGENT OR EMERGENCY MEDICAL CASES.

AnywhereMD E-Consult 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 because of its inherent limitations, and it may not be considered equal to actual face to face consultations. It is agreed and understood by the User of the Service that all decisions reached by any party to the Service takes into account this limitation.

AnywhereMD is not engaged in the practice of medicine, whether by and through E-Consult and does not provide health care or medical services. No information provided by AnywhereMD E-Consult constitutes the practice of medicine or any other medical profession. AnywhereMD E-Consult 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 PERSONS WHO HOLD THEMSELVES OUT AS LICENSED PHYSICIANS UNDER THE TERRITORIAL JURISDICTION OF THE PHILIPPINES. 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.

Storage and Use of Data and Data Privacy

AnywhereMD stores information provided by its Users, both Patient and Physician in its servers or any of its remote locations as it deems fit. Physician User accounts have a maximum storage capacity of 1 GB/year. Only the Physician user may delete data on his account to make space for new information or open up storage space. The Physician user may download a secure copy of his account data for personal safekeeping as prescribed by law before deleting such data from AnywhereMD server. Alternatively, the user MD may avail of additional storage space from AnywhereMD at an additional cost to the user MD. The Patient and Physician Users are not allowed to modify any information submitted or saved to AnywhereMD servers .Such information includes but is not limited to the following; chief complaint, history, signs and symptoms, physical examination findings, diagnosis, plan of action, etc. It is the responsibility of the User to ensure that this data is accurate, and that the User has access to and has backups of the Data as AnywhereMD makes no guarantee to retain the information and data except as required by Philippine Law.

In order to use the Services, you must first acknowledge and agree to AnywhereMD E-Consult Privacy Policy. You may not use the Services if you do not accept the Privacy Policy. You can acknowledge and agree to the Privacy Policy by (1) clicking to accept or agree to the Privacy Policy, where this option is made available to you by AnywhereMD E-Consult for any Service; or by (2) actually using the Services.

In order to register to use AnywhereMD E-Consult, 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 AnywhereMD E-Consult 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 AnywhereMD E-Consult, you agree to disclose the contents of your Personal Data to the other relevant Users such as Licensed Physician Users if you are a Patient, or to Patients if you are a Licensed Physician, as well as to AnywhereMD E-Consult, its subsidiaries, affiliates, partners and third-party service providers as part of its business operations and provision of services.   AnywhereMD E-Consult’s retention and use of all Personal Data shall be subject to its Data Privacy Policy posted on its Site. You warrant that you have read and understood AnywhereMD E-Consult’s Data Privacy Policy, and consent to the collection and processing of your Personal Data by AnywhereMD E-Consult and its subsidiaries, affiliates, partners and third-party service providers, as detailed therein and for access and use by its relevant Users.

You acknowledge and agree that AnywhereMD E-Consult is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that AnywhereMD E-Consult may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the AnywhereMD E-Consult Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AnywhereMD E-Consult, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, AnywhereMD E-Consult may, in its sole discretion, restrict access to the website for any reason.

Please refer to our Privacy Policy to read about data protection related to your information. See our complete Privacy Policy here.

Consent to Communication, Notification and Alerts

By using the Service, you agree to receive push updates, information or reminders, through email, SMS, calls or other communication channels, as well as to subscribe to newsletters, marketing or promotional materials and other information we may send. You further 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 AnywhereMD E-Consult.

AnywhereMD E-Consult makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with AnywhereMD E-Consult 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.

You may unsubscribe to AnywhereMD E-Consult newsletters, marketing or promotional materials and other information to be sent by sending us an email at [email protected].

You agree that it is your responsibility to be up to date and apprised of any reminder sent to you about a schedule or appointment with a physician or patient regardless of whether you have actively agreed to receive communication from AnywhereMD E-Consult or otherwise.

Technical Requirements for Use of Service

For Physician Users, Patient Users and Clinic Users, the following technical requirements are necessary to access the Service glitch-free and without any technical issues:

  • Internet/ wifi connection with a speed of at least 2 Mbps.
  • Earphone/headphone is recommended but not required.
  • Quiet space/room with adequate lighting for maximum video clarity (during consultation)
  • Appropriate attire is advised

Additional tips to Patient Users to the enhance the consultation environment

  • A list of medical concerns and questions is recommended prior to the scheduled video consultation.
  • Pictures or medical reports that you want to share with your doctor must be uploaded to your AnywhereMD Consultation Page prior to the video consultation
  • Vital signs (BP, PR, etc) if available must be recorded before the video consultation
  • Have your other medical devices available on hand during the consultation
  • Participate actively during the examination.
  • Have a trusted companion when necessary.
  • Do not be late for your appointment. You are required to be online within the first 15 minutes of the appointment hour. Beyond this time, the MD may opt to consider you a “no show”.

Please note that Patient Users who miss their teleconsultation schedule due to technical issues or internet connectivity issues are not entitled to a refund.

Scheduling E-Consults

AnywhereMD E-Consult provides a scheduling functionality within its platform to allow its users to schedule their interactions. Patient Users may exclusively schedule E-consult through this platform, and likewise Physician Users may only agree to the proposed schedule through the AnywhereMD E-Consult platform. Only users with existing accounts may use the scheduling functionality. AnywhereMD E-Consult reserves the right to withhold or extend the privilege to use the scheduling functionality as it deems necessary. AnywhereMD E-Consult further reserves the right modify, amend and augment the scheduling functionality as it deems necessary and fit at a later time.

Scheduled E-Consult may be CANCELLED at least 1 hour from the CONFIRMED APPOINTMENT time and may be RESCHEDULED at a later date and time, subject to APPROVAL/AVAILABILITY of attending physician and payment of a REBOOKING FEE.

AnywhereMD E-Consult schedules are final once booking is approved by the physician.

Schedules do not represent the allotted time for consultation as this is entirely at the discretion of the attending Physician. A selected time slot may also have more than one patient in queue. The online consultation may range from a few minutes to a full hour or more depending upon the attending Physician.

Nevertheless, AnywhereMD E-Consult makes no guarantee, express or otherwise, that the E-Consult schedule will be fulfilled and followed by either the Physician User or Patient User, and both parties agree to indemnify and hold harmless AnywhereMD E-Consult for any deviation, cancellation, rescheduling or any amendment for any purpose.

Payments by Patient Users

If you wish to avail of the Service as Patient User, you may be asked to provide certain information relevant to your payment or transfer of money including but not limited to, bank account and transfer information as well your credit or debit card number and details, the expiration date and your billing address.

You represent and warrant that: (i) you have the legal right to use the specific payment channel or method, credit card(s) or other payment method(s) in connection with the use of AnywhereMD E-Consult; and that (ii) the information you provided to us is true, correct and complete.

When booking a consult with a Physician, payment for the TRANSACTION FEE is made before a consultation schedule is forwarded to the Physician. This fee is NON-REFUNDABLE.

For the consultation fee, payment may be made before or after the E-Consult schedule, subject to the preference of the User Physician expressed during his sign up with AnywhereMD e-consult. You may be required to upload a digital copy (pdf or jpeg) of the proof of payment in the “Consultation Page” for confirmation of payment by your chosen AnywhereMD physician. The amount to be paid by a Patient User consists of a TRANSACTION FEE and a CONSULTATION FEE and is directly paid to the Anywhere MD account.

AnywhereMD E-Consult only earns revenue via the Transaction Fee and does not take a percentage or cut of the Consultation fee of the Physician User.

AnywhereMD has a NO REFUND and NON-TRANSFERABLE Policy for both the CONSULTATION FEE and the TRANSACTION FEE for CONFIRMED APPOINTMENTS, except for NO SHOW by MD.

Payment of Transaction Fees by the Clinic

The amount to be paid by the Clinic for the use of the EMR consists of a TRANSACTION FEE. This is billed directly to the Clinic.

For the use of the EMR, the clinic shall be billed the amount of PhP 50 per transaction (booking). The clinic shall settle amount due not longer than 30 days from the date of billing. Failure to settle the amount shall be cause for discontinuation of the service of Anywhere MD EMR system to the clinic and shall be considered a breach of Anywhere MD’s Terms and Conditions.

Rescheduling by Physician

A Physician User with a Confirmed E-Consult may, in case of emergency, RESCHEDULE the consultation to another date/time, at least 1 hour prior to the Confirmed E-Consult appointment. In such a case, the Physician shall inform both AnywhereMD E-Consult and the Patient about this reschedule and at least one proposed new schedule. AnywhereMD will then coordinate with the Patient User about the reschedule and proposed new schedule. If the patient is not available on the said date & time, the Patient may suggest a different schedule or schedules and the Physician may agree to the proposed schedule, however, the Patient has the right not to accept any new schedule proposed by the Physician User.

Conduct of E-Consult

Patients must enter the “Consultation Room” in order to allow for virtual interaction and video and audio communication between the Patient and the Attending Physician.

Patients must be in the Consultation Room and available for the whole duration of the E-Consult on the confirmed appointment time, unless the consultation has been concluded. Patients who do not show or cannot be contacted by video call within 15 minutes from start of appointment time will be classified as a NO SHOW. A NO SHOW cannot be rescheduled and is not subject to a refund.

In case of interruptions, drops or poor internet connectivity, the attending Physician will contact the patient via telephone and/or SMS to complete the consultation. Poor Internet connectivity, drops in connection or interruptions in the E-Consult is not valid cause for a refund.

Anywhere MD shall not provide either the Patient or the Physician the contact details of the other. It is entirely up to the parties to provide the details to one another should they need to do so.

Patients shall accord the due respect and appropriate conduct to the selected Physician becoming of his professional stature. Physicians shall in turn be polite and respectful to their Patients in accordance with their professional ethical standards. Any abusive language, behavior, discrimination or harassment shall be governed by “Prohibited Uses” under this Terms and Conditions.

Prescriptions and Medical Certificates

The Physician reserves the right to issue or not issue an E-Prescription based on the need, medical condition and assessment. The patient cannot demand to get a prescription from the Physician in any consultation. Please also note that e-prescriptions of our Philippine licensed physicians are only valid and available within the territory of the Philippines.

Patients may request your doctor for a medical certificate and such a request must as far as practicable be selected during scheduling. Please know that it is the discretion of the Physician to determine the propriety of issuing any medical certificate.

Prohibited Uses

You may use ANYWHEREMD E-Consult only for legitimate and lawful purposes and in accordance with these Terms and Conditions.

As a condition of your use of the Services, you warrant to AnywhereMD E-consult that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

AnywhereMD E-consult is for your own personal and non-commercial use only. You may use AnywhereMD E-consult for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively "Law"). You agree that you will not use AnywhereMD E-consult as a substitute or replacement for professional medical advice, diagnosis or treatment.

Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material or language that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with AnywhereMD E-consult, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other users, to contact other users or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of AnywhereMD E-consult or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by AnywhereMD E-consult; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of AnywhereMD E-consult’s website; (15) attempt to or actually override any security component of AnywhereMD E-consult web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with AnywhereMD E-consult; or (18) intentionally or unintentionally violate any applicable local, national, or international law, or any regulations having the force of law.

You acknowledge and agree that you are solely responsible for (and that AnywhereMD E-consult has no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which AnywhereMD E-consult may suffer) of any such breach. In case of breach of any one of these agreements AnywhereMD E-consult has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify AnywhereMD E-consult and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

If you violate the terms of this Section and/or AnywhereMD E-consult has a reasonable ground to suspect that you have violated the terms of this Section, AnywhereMD E-consult has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Analytics

We may use third-party Service Providers to monitor and analyze the use of ANYWHEREMD E-Consult, and by using the Service, you consent and agree to these Analytics.

Intellectual Property and Proprietary Rights

AnywhereMD E-Consult and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of AnywhereMD E-Consult. Our trademark must not be used in connection with any product or service without the prior written consent of AnywhereMD.

You acknowledge and agree that AnywhereMD E-Consult (or AnywhereMD E-Consult’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by AnywhereMD E-Consult and that you shall not disclose such information without AnywhereMD E-Consult’s prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by AnywhereMD E-Consult, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of AnywhereMD E-Consult and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

AnywhereMD E-Consult, and other AnywhereMD E-Consult logos and product and service names are trademarks of AnywhereMD E-Consult and these marks together with any other AnywhereMD E-Consult trade names, service marks, logos, domain names, and other distinctive brand features are the “AnywhereMD E-Consult Marks”. Unless you have agreed otherwise in writing with AnywhereMD E-Consult, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any AnywhereMD E-Consult Marks and you agree not to display, or use in any manner, AnywhereMD E-Consult Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by AnywhereMD E-Consult, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

For any Software not accompanied by a License Agreement, AnywhereMD E-Consult grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by AnywhereMD E-Consult, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AnywhereMD E-Consult, in the manner permitted by the TOS. Unless AnywhereMD E-Consult has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AnywhereMD E-Consult for use in accessing the Service. Any rights not expressly granted herein are reserved.

Links to Other Web Sites and Advertisers

AnywhereMD E-Consult may contain links to third party web sites or services that are not owned or controlled by AywhereMD. ANYWHEREMD E-Consult has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services.

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

Limitations on Use and Disclaimer of Warranty

ANYWHEREMD E-Consult is provided on an “as is” and “as available” basis. AnywhereMD makes no representation or warranties of any kind, express or implied, as to the operation of the Service or the information, content or material included therein. You expressly agree that your use of AnywhereEMD E-Consult is at your own risk. The user expressly agrees to use this Site at his own risk.

The Physician User understands that he or she shall be solely liable for any communication, advise, counsel, assessment, or recommendation made to Patient Users, and the Patient User understand that any communication, advise, counsel, assessment, or recommendation made by a Physician User is solely the responsibility and statement of the said Physician User.

The server that makes the Service available are made free from harmful components as far as practicable and or the service or services obtained through AnywhereMD E-Consult will as reasonable as possible otherwise meet your needs or expectations, subject to limitations indicated in these Terms and Condition.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ANYWHEREMD PROVIDES E-CONSULT ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. ANYWHEREMD E-CONSULT MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT E-CONSULT. TO THE EXTENT PERMITTED BY LAW, ANYWHEREMD E-CONSULT 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. ANYWHEREMD E-CONSULT DOES NOT GUARANTEE THAT E-CONSULT 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 ANYWHEREMD E-CONSULT. ANYWHEREMD E-CONSULT IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF DATA CARRIED OVER LOCAL OR INTERCHANGE TELECOMMUNICATION CARRIERS.

You understand, consent to and agree to assume the potential risks associated with the use of E-Consult, such as but not limited to the following:

  • The Site makes no representations or warranties with respect to any information offered or provided within or through the Site, treatment of medical conditions, actions, or application of medication.
  • Under no circumstances, as a result of the Physician’s use of E-Consult or correspondence with other Physicians Users or other Patient users though E-Consult, will the AnywhereMD be liable to any person for any damage or harm, including any direct, indirect, special, incidental, exemplary, consequential, or other damages under any legal theory, including, without limitation, tort, contract, strict liability, or otherwise, even if advised of the possibility of such damages.
  • Under no circumstances, as a result of the use of E-Consult or correspondence with its Physician, will the AnywhereMD be liable to the user or to any other person for any damages or harm, including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.
  • Users, visitors or third parties who post in AnywhereMD E-Consult are solely responsible for their statements and claims.
  • The counsel, advise, assessment, recommendation, and opinions rendered by Physicians in AnywhereMD E-Consult must be understood as for general information only. They should not be considered as replacement of actual diagnosis and physical examination by your personal physician. Any counsel, advise, or assessment made by the doctors or medical practitioners using the Site shall not be a substitute for your physician’s assessment, counsel, advise, or care. Consequently, any interaction in AnywhereMD E-Consult does not constitute the practice of medicine; and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider.
  • AnywhereMD E-Consult shall not be liable for and does not make---with respect to services, advise, counsel, opinion, answers, communication, or correspondence of any form made by the Site doctors or medical practitioners---any express or implied warranties of any kind.
  • AnywhereMD E-Consult does not make any warranty that the content or services provided satisfy government regulations, rules, and laws, except as specifically warranted and statement . The Site does not practice medicine and is not a substitute for clinics, hospitals, and other medical centers.
  • AnywhereMD E-Consult does not provide emergency services to any of its users or is meant to replace, or even supplement emergency medical services.
  • Use of E-Consult in any manner whatsoever shall not have the effect of establishing patient-doctor relationship between the user and AnywhereMD E-Consult, or between the Patient and Physician Users of AnywhereMD E-Consult.
  • In some instances, the information you have provided may not be sufficient for the Patient User to form a reasonable assessment of a Physician’s professional capacity, or for the Physician User to provide the appropriate medical information.
  • Delays in communication, assessment and advice could occur due to failure of the electronic systems.
  • In some instances, your failure to provide accurate and/or complete medical records to the Physician User may result in adverse drug reactions or allergic reactions or other judgment errors.
  • You may expect the anticipated benefits from the use of the medical information or healthcare services provided by the Physicians Users, but that no results can be guaranteed or assured.
  • A Physician User, 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 E-Consult.
  • Temporary interruptions in service may occur in connection with the use of E-Consult.

You acknowledge and agree that AnywhereMD E-Consult is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall AnywhereMD E-Consult 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 E-Consult 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 AnywhereMD E-Consult. Physician Users are not employees AnywhereMD E-Consult and are directly responsible for the quality and appropriateness of the medical information and healthcare services they render directly to you. AnywhereMD E-Consult disclaims all liabilities for the acts or omissions of any provider providing medical information or health care to customers of E-Consult. AnywhereMD E-Consult makes no representation or warranty as to the content of any medical information or healthcare response from any Physician User. The Patient and/or Physician User are solely responsible for all information or communication exchanged during a medical consultation. ANYWHEREMD E-CONSULT does not guarantee that a medical consultation through E-Consult is the appropriate course of treatment for your particular health care problem or concern. AnywhereMD E-Consult will take commercially reasonable precautions to protect against the failure of our equipment and software. You acknowledge and agree that, while AnywhereMD E-Consult may perform regular back-ups of all data stored, AnywhereMD E-Consult 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 E-Consult.

Limitation of Liability and Indemnification

All Users of AnywhereMD E-Consult shall indemnify the AnywhereMD for any damages it may be held liable to due to any acts of any party within the confines of the website and platform. The User, whether a Patient or Physician, agrees to indemnify, defend, and hold harmless AnywhereMD from any liability, loss, claim, and expense related to violation of the terms herein set forth or on account of any claim or demand made by any third party, other doctors using this Site, or other users as a result of any violation by the physician or patient user of relevant rules, policies, regulations, laws, privacy, and/or the terms and conditions set forth herein.

You agree to defend, indemnify, and hold harmless AnywhereMD 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 E-Consult, 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 AnywhereMD any Patient User, Physician User, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the platfirm, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

If you choose to use AnywhereMD E-Consult, you must do so at your own risk. Under no circumstance will ANYWHEREMD be liable to you for, and you hereby knowingly and voluntarily release ANYWHEREMD 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 AnywhereMD E-Consult, your inability to use AnywhereMD E-Consult irrespective of the cause of that inability, any delay in or interruption of your use of AnywhereMD E-Consult regardless of the cause of the delay or interruption, any corruption of any data that is transmitted by you to AnywhereMD via E-Consult, or transmitted by AnywhereND 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 AnywhereMD in connection with E-Consult, or any other act, omission, matter or thing whatsoever having to do with AnywhereMD E-Consult. In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that AnywhereMD’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the value of the consultation fee and transaction fee of the transaction which is the proximate cause of the purported liability.

Termination

AnywhereMD reserves the right to terminate or suspend any account and bar access to E-Consult immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Force Majeure

AnywhereMD 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 AnywhereMD’s reasonable control.

Official Notices

Any and all official 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 AnywhereMD E-Consult. Any written notices or other communications to AnywhereMD will be addressed and sent to CVM Clinics and Surgicenter, 3rd Floor 3434 Ramon Magsaysay Avenue, Sta. Mesa, Manila.

Relationship and No Third Party Rights

This Agreement does not, in any case, create a doctor-patient relationship between you and AnywhereMD. 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 AnywhereMD.

Assignment and No Waiver

You may not assign or transfer this Agreement. AnywhereMD 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.

Entire Agreement and Separability

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

Governing Law

These Terms shall be governed and construed in accordance with the laws of Philippines, which governing law applies to agreement without regard to its conflict of law provisions.

Changes to the Service

We reserve the right to withdraw or amend AnywhereMD E-Consult, and any service or material we provide in our sole discretion without prior notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Amendments to Terms

We may amend Terms and Conditions and policies at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of AnywhereMD E-Consult following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page regularly, so you are aware of any changes.

Acknowledgement

By using ANYWHEREMD E-Consult, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.

Contact Us

Please send your feedback, comments, requests for technical support by email to [email protected].