TERMS AND CONDITIONS OF USE – EASYREACH WEBSITE
These terms and conditions (“Terms”) contain your rights and obligations as regards the EasyReacH by Healthsense website (Site referred to herein as, the “Platform”), including the products and services provided (“Products”) on, through or in relation to the Platform (“Products”) owned and operated by EasyReacH by Healthsense, Inc. (“EasyReacH”).
Parties to this Agreement
These Terms are entered into by and between you and any person assisting you to visit, access, register, and/or use the Platform (collectively, “you” or “your”), and EasyReacH by HealthSense, Inc. (“EasyReacH” or “we” or “our”). You and EasyReacH are referred to herein each as a “Party” and collectively as the “Parties.”
Agreement to the Terms
By accessing and/or using the Platform, you hereby agree to be bound by these Terms in its entirety, which establishes the contractual relationship between you and EasyReacH.
If you do not accept and agree to the Terms in its entirety, do not visit, access, register with, and/or use the Platform.
Agreement to Modifications
EasyReacH reserves the right to supplement, amend or otherwise modify the Terms, in whole or in part, at any time without prior notice. It is your responsibility to carefully review the Terms each time you visit, access, register with or use the Platform.
You may be required to expressly accept the changes in the Terms and your continued use shall likewise mean that you accept the changes if any.
Who are Eligible
The Platform is offered only to users who have accepted the Terms. This platform may provide prescriptions to persons who are considered of age of majority under the Philippine laws.
By visiting, accessing, registering with or using the Platform, or by purchasing or using any Products through the Platform, you represent and warrant to EasyReacH that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Platform and for purchasing any Products through the Platform, and you may only use them for lawful purposes.
Registration, User Accounts, and User Data
Some parts of the Platform are accessible by any individual, but for you to access our Products, you will be required to register with EasyReacH’s Platform. The Products will be available only to registered users of and to other persons affiliated with EasyReacH who has have been granted accounts with usernames and passwords (“Secure Users”).
Being a Secure User, you agree to provide accurate, complete, and correct information, and to maintain and update with all honesty, any information about yourself that you have provided to EasyReacH. If you do not maintain such information, or EasyReacH has reasonable grounds to suspect as much, EasyReacH has the right to suspend or terminate your account and your use of the Platform.
You hereby agree to immediately notify EasyReacH of any suspicion of unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Products, by emailing EasyReacH at firstname.lastname@example.org. EasyReacH may take any and all actions it deems necessary or reasonable to maintain the security of the Platform, Products, and your Secure User account.
You are responsible for all activities in your account and for maintaining the confidentiality of your password. With this, you agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You are not allowed to use anyone else’s account at any time.
EasyReacH expressly disclaims any liability for any and all losses and damages arising from your failure to comply with this provision.
You acknowledge and agree that: (1) all or any part of the Platform may not be accessible at any time, for any period, or for any reason; and (2) EasyReacH will not be liable if for any reason all or any part of the Platform are unavailable at any time or for any period.
Rights and Prohibitions
No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are hereby reserved by EasyReacH.
We reserve the right, in our sole discretion, to deny or suspend the use of the Platform or Products to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) provide false or misleading information on your health or medical history; (cb) use the Platform or Products to violate any local, state, national or international law; (dc) reverse engineer, disassemble, decompile, or translate any software or other components of the Platform; (ed) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property; (fe) access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (gf) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform, Products or related materials in any way; (hg) use or access the Platform to create or develop competing products or services or for any other purpose that is to EasyReacH’s detriment or commercial disadvantage; (ih) take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part; (ji) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Platform or any computer network; (kj) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by EasyReacH or any of our service providers to protect the Platform; (lk) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform or any content made available to you on or through the Terms; (ml) use any manual process or automated device to monitor or copy any content made available on or through the Platform for any unauthorized purpose except as permitted by this section; (nm) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to EasyReacH or third-party content from the Platform; (on) otherwise use the Platform in any manner that exceeds the scope of use granted above; or (po) encourage or enable any other individual to do any of the foregoing.
Purpose: Reproductive Health Care Products and Services
The Platforms are intended for Reproductive Health products and services which should not, be considered , or used as an extensive medical advice, care, diagnosis, or treatment of illness or injuries.
For other medical related concerns such as treatment of illness or injuries, please you should seek the opinion of your physician or another qualified health care provider.
Teleconsultation or Telehealth Services
Teleconsultation or Telehealth means the provision of health care services of a health care provider and a patient who are situated in different physical locations through the use of electronic communications, information technology, or other means. Telemedicine may be used for diagnosis, treatment, follow-up, and/or patient education, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information, or other data between a patient and a medical provider;
Interactions between a patient and medical provider via audio, video, and/or asynchronous data communications; and
Use of output data from medical devices, sound, and video files.
By registering as a Secure User and accessing the Health Care Services, you acknowledge and agree to this Teleconsultation or Telehealth Services and a record of such acknowledgment will be retained in the medical record of the medical provider and professional entity providing such Health Care Services.
Health Care Services shall be understood as the Doctor’s act, in his or her independent professional judgment, of history taking, determining whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources.
You agree to pay all fees due for Products requested through cash-on-delivery or, online banking, e-wallet or digital wallet, and over the counter payments.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to EasyReacH may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which EasyReacH collects on their behalf. Any health care services or pharmacy services not made available through the Platform are not included in the payments collected by EasyReacH and you may be separately charged by the applicable health care providers for such services. EasyReacH and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
As between EasyReacH and you, EasyReacH is the sole and exclusive owner of all rights, titles, and interests in and to the Platform and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by EasyReacH, including all intellectual property rights therein.
Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, services marks, or logos (“Trademarks”) of EasyReacH or our affiliates. You are not authorized to use any such Trademarks without the express written permission of EasyReacH or our affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with EasyReacH or our affiliates.
Links to Third-Party Hyperlinks and Website
The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under EasyReacH’s control; therefore, EasyReacH is not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. EasyReacH is providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and EasyReacH is not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with the use of or reliance on information contained in or provided to Linked Sites.
You may have arrived at the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary, or affiliate of EasyReacH. You understand and agree that EasyReach EasyReacH is not responsible for the information, products, or services described on those Linked Sites and only these Terms will apply to your use of or access to the Platform.
Disclaimer of Warranties
You expressly agree that use of the Platform is at your sole risk. You acknowledge and agree that the sites and any the Products are provided through the Platform on an “as is” and “as available” basis. EasyReacH and our affiliates, including without limitation all affiliated professional entities, and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) to the fullest extent permissible by law, make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the Platform and Products including, but not limited to, any representations or warranties with respect to merchantability, fitness for a particular use or purpose, non-infringement, title, availability, security, operability, condition, quiet enjoyment, value, the accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. EasyReacH makes no warranties or representations that your use of the Platform or Products will not infringe the rights of third parties.
To the fullest extent of applicable law, neither EasyReacH nor its related persons will be liable for any loss or damage caused by your reliance on information obtained through the Platform. It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability, or usefulness of the sites. Furthermore, EasyReacH does not guarantee that the sites will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber-attack, viruses, interference, hacking, malware, or other security intrusions, and EasyReacH disclaims any liability relating thereto.
You understand and agree that any content, material, and/or information obtained through the use of the Platform is used at your sole risk and that you will be solely responsible for any damage to your computer or mobile phone or loss of data that can results from the download of such content, material and/or information.
Neither will EasyReacH be liable for the use of the Platform for avaiinglment of Products that violate these Terms. It is your duty to ensure that your availment availing of the Products via the Platform is within the parameters set by these Terms.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law and except as set forth in this section, neither EasyReacH nor its related persons will be liable to you or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence), contract, strict liability or otherwise, including, but not limited to, any indirect, punitive, special, incidental, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer or mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access, use of (or inability to use) the Platform or any Products provided through the Platform. This is true even if EasyReacH or related persons have been advised of the possibility of such damages or losses.
To the extent permitted by law and subject to this section, the total liability of EasyReacH and our related persons for any claims under these terms shall not exceed Php 4,000.00 or the amount of damages suffered by you, whichever is lower.
You agree to indemnify, defend, and hold EasyReacH and any of our related persons, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of the Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
Suspension and Termination Rights
The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law and Venue.
Subject to applicable law, EasyReacH reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, EasyReacH will have no further obligation to provide its services, except to the extent EasyReacH is obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.
Non-Waiver of Rights
Failure, omission, or delay on the part of EasyReacH to exercise its rights or remedies under these Terms shall not operate as a waiver of rights.
If any clause or part of a clause of these Terms shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other clauses or parts of such clauses of these Terms, all of which shall remain in full force and effect.