Updated: June 6, 2022
PLEASE READ THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) CAREFULLY. YOU SHOULD NOT SUBSCRIBE TO E.V ASSISTANCE SOFTWARE SERVICES, INC. (“EVA TELECONSULT”), OR YOU SHOULD IMMEDIATELY CEASE YOUR USE OF EVA TELECONSULT IF AT ANY TIME YOU DISAGREE WITH THIS AGREEMENT. YOUR SUBSCRIPTION AND/OR CONTINUED USE OF EVA TELECONSULT SHALL MEAN THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE GOVERNED BY THIS AGREEMENT. ANY PERSON THAT YOU ALLOW TO ACCESS THE SERVICE USING YOUR ACCOUNT SHALL ALSO BE BOUND BY THESE TERMS OF SERVICE.
By registering or subscribing to Eva Teleconsult, you, the customer, unconditionally agree to this Agreement. This Agreement shall govern your access to and/or use of Eva Teleconsult’s Service, which include a 12/7 health service manned by skilled and licensed Filipino doctors who provide medical assessment and information, including basic healthcare and advice on permissible medication over an electronic gadget, referrals to partner specialist physicians, hospitals, clinics, laboratories and pharmacies, and connections to Partners (as described below) (the “Service”). If you do not agree to this Agreement, you are not authorized to use Eva Teleconsult. This Agreement is between you and E.V. Assistant Software Services, Inc. (“EVA”).1
By registering or subscribing to Eva Teleconsult, you, the customer, unconditionally agree to these this Agreement. This Agreement shall govern your access to and/or use of Eva Teleconsult’s Service, which include a 12/7 health service manned by skilled and licensed Filipino doctors who provide medical assessment and information, including basic healthcare and advice on permissible medication over an electronic gadget, referrals to partner specialist physicians, hospitals, clinics, laboratories and pharmacies, and connections to Partners (as described below) (the “Service”). If you do not agree to this Agreement, you are not authorized to use Eva Teleconsult. This Agreement is between you and E.V. Assistant Software Services, Inc. (“EVA”).
We reserve the right to amend, modify, add, or remove any provisions under this Agreement at any time as we deem necessary. Your continued use of the Service shall constitute your acceptance of the prevailing Agreement including any term which may have been amended. You are responsible to regularly check the Agreement on EVA’s website www.evadigitalclinic.com.ph.
EVA operates an Information and Communication Technology (“ICT”) facility that will enable you to connect to EVA’s partner physicians, laboratories, Electronic-Money (E-money) Issuers (including, but not limited to, PayPal and GCash), Health Maintenance Organizations (“HMO”), and insurance companies and relevant government agencies, corporations, or instrumentalities (collectively, the “Partners”) by using your mobile, telephone, computer, or any electronic gadgets.
EVA is a platform provider that facilitates telehealth. EVA is not engaged in the practice of medicine, whether by and through Eva Teleconsult and does not provide health care or medical services. No information provided by EVA constitutes the practice of medicine or any other medical profession. EVA does not recommend or endorse any specific tests, products, procedures, or opinions of the licensed physicians. All health care and medical services are performed only by licensed physicians. The licensed physicians are solely responsible for the medical services prescribed to you and in compliance with any and all requirements applicable to his or her exercise of profession.
1 EVA is an entity in the process of being organized and incorporated under the laws of the Philippines with the Securities and Exchange Commission.
Eva Teleconsult 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 adequate substitute for a regular face-to-face consultation at the out-patient clinic due to its inherent limitations, like inadequacy of physical examinations, and/or lack of access to medical tools, among others.
1. Age and Capacity.You represent and warrant that you are at least 18 years of age, and have the capacity to bind yourself contractually to this Agreement and to use Eva Teleconsult. If you are under 18 years of age, or otherwise incapacitated to enter into this Agreement, you may not register or use Eva Teleconsult. If you are acting on behalf of your nominated member/s, you represent and warrant that you are authorized to act for and on behalf of and to bind such nominated member/s. You also warrant that you have fully informed each of the nominated members of the terms and conditions of this Agreement and that they have fully understood, consented, and accepted the same. Upon EVA’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your nominated member/s and (b) the consent and acceptance of this Agreement by the nominated member/s.
EVA makes no warranties, express or implied, as to the accuracy or applicability of the information provided in connection with Eva Teleconsult at its 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 Eva Teleconsult Chat Support (through Eva Website and Facebook Account Page). Access to and use of Eva Teleconsult is limited to customers with a registered address in the Philippines.
3. Price, Payment, and Refunds.You agree to timely pay PHP 999 or the prescribed rate (if specialist consult) for every consult through [GCash and credit/debit card/s with name of partner banks through PayPal]. You hereby authorize [GCash and credit/debit card/s with name of partner banks through PayPal] to collect any and all amounts payable by you, for and on behalf of EVA.
EVA follows a NO REFUND & CANCELLATION POLICY. Once registration for a consultation is done and payment is forwarded, the transaction is non-refundable. Should you pursue the consultation at a different time, EVA should be contacted via email or Facebook chat for rescheduling.
4. Non-Commercial and Proper Use of Eva Teleconsult.Eva Teleconsult is for your own personal and non-commercial use only. You may use Eva Teleconsult for lawful purposes only and only in ways consistent with applicable national or local laws, rules and regulations (collectively “Law”). EVA reserves the right to deny or suspend your access to Eva Teleconsult in the event of actual or potential misuse of Eva Teleconsult.
You agree that you will not use Eva Teleconsult 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 Eva Teleconsult to impersonate another person or misrepresent an authorization to act on behalf of others or EVA. All messages transmitted via Eva Teleconsult should correctly identify the sender. You will not allow another person or entity to use your account, username or password to access or use Eva Teleconsult or post or view comments. You shall not undermine the security or integrity of computing systems or networks of Eva Teleconsult, or those accessed through or with the product or services of EVA, and shall not attempt to gain unauthorized access. You shall not harvest or collect Personal Data about any other individual who uses Eva Teleconsult. 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 Eva Teleconsult. You may not tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of Eva Teleconsult. 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 antivirus 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 Eva Teleconsult will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or another proprietary, publicity, or privacy rights of any party, including such rights of said parties. EVA maintains the right to delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of Law, copyright, trademark or other intellectual property or ownership right of any other person.
5. Third-Party Advertisers. EVA may allow third-party advertisers to advertise in the Eva Teleconsult Website. EVA does not endorse or guarantee the accuracy or reliability of any of the advertisements, products or services of third parties. EVA does not warrant or validate the promotions, communications or other materials of third party advertisers. You agree that EVA is not responsible or liable for any content or other materials of or claims supplied by third-party advertisers. EVA is also not responsible for any transactions or dealings between you and any third-party advertisers. You agree that EVA is not liable or responsible for any claim or loss due to or attributable to third-party advertisers.
6. Limitations on Use and Disclaimer of Warranties. You acknowledge that your use or availment of the Service is at your sole risk, and that you assume full responsibility for all risk associated therewith. EVA provides Eva Teleconsult on an “as is” and “as available” basis, without any warranty whatsoever, whether express or implied. EVA makes no express warranties or guarantees about Eva Teleconsult. To the extent permitted by law, EVA 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 noninfringing. EVA does not guarantee that Eva Teleconsult 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 EVA. EVA 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 Eva Teleconsult, such as but not limited to the following:
(a) Information you have provided may not be sufficient for the licensed physician to provide the appropriate medical information;
(b) Delays in assessment and advice could occur due to failure of the electronic systems;
(c) Failure to provide accurate and/or complete medical records to the licensed physician may result in adverse drug reactions or allergic reactions or other judgment errors;
(d) You may expect the anticipated benefits from the use of the medical information or healthcare services provided by the licensed physicians, but that no results can be guaranteed or assured;
(e) You must immediately inform your physician if symptoms are not relieved as expected, or if deterioration occurs and you would make the necessary arrangements for yourself to be seen in a clinic and/or hospital.
(f) It is incumbent upon you to keep your follow-up appointments as may be prescribed by your physician;
(g) Your licensed physician, in his or her sole discretion and professional judgment, may determine that his or 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 or her medical information or healthcare services to you through Eva Teleconsult; and
(h) Temporary interruptions in service may occur in connection with the use of Eva Teleconsult.
You acknowledge and agree that EVA is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall EVA 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 Eva Teleconsult 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 EVA. Licensed physicians are not employees of EVA and are directly responsible for the quality and appropriateness of the medical information and healthcare services they render directly to you. EVA’s Partners are all independent contractors and are directly responsible to fulfill their obligations to you.
EVA disclaims all liabilities for the acts or omissions of any of its Partners or other third-party providers providing medical information or health care and other information to customers of Eva Teleconsult in relation to the Service.
EVA makes no representation or warranty as to the content of any medical information or healthcare response from any licensed physician. You and the licensed physician are solely responsible for all information or communication exchanged during a medical consultation. EVA does not guarantee that a medical consultation through an ICT facility is the appropriate course of treatment for your particular health care problem or concern. EVA will take commercially reasonable precautions to protect against the failure of our equipment and software. You acknowledge and agree that, while EVA may perform regular backups of all data stored, EVA 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 Eva Teleconsult.
7. Limitation of Liability.If you choose to use Eva Teleconsult, you must do so at your own risk. Under no circumstance will EVA be liable to you for, and you hereby knowingly and voluntarily release EVA 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: (a) your use of Eva Teleconsult; (b) your inability to use Eva Teleconsult irrespective of the cause of that inability; (c) any delay in or interruption of your use of Eva Teleconsult regardless of the cause of the delay or interruption; (d) any corruption of any data that is transmitted by you to EVA through Eva Teleconsult, or transmitted by EVA to you by any method whatsoever; (e) your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to EVA in connection with Eva Teleconsult; (f) fault, delay or negligence on the part of EVA’s Partners, or breach of the obligations of EVA’s Partner’s to you; (g) any other act, omission, matter or thing whatsoever having to do with Eva Teleconsult.
In circumstances where the foregoing limitation is finally determined to be unavailable, you acknowledge and agree that EVA’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities shall not exceed the amount of the last subscription price paid by you for one (1) month.
8. Indemnification.You agree to defend, indemnify, and hold harmless EVA 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 Eva Teleconsult, your subscription, your breach of this Agreement, the relationship with or any advice provided by any licensed physician, the relationship with other Partners of EVA, the content or subject matter of or any information you provide to EVA, any licensed physician, Partner, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Website, including infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
9. Force Majeure.EVA 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 EVA’s reasonable control.
10. Term and Termination.You are allowed to use Eva Teleconsult for the term of this Agreement as indicated in your Eva Teleconsult subscription plan. Notwithstanding such term, you may at any time discontinue the use of Eva Teleconsult by contacting our Customer Service Support.
EVA reserves the right to terminate your use of Eva Teleconsult if you breach this Agreement or for any other reason in EVA’s discretion. Your breach of this Agreement, including non-payment for Eva Teleconsult, will result automatically in the immediate termination of this Agreement by EVA, without prejudice to EVA’s available remedies under the Law. It is agreed and understood that prior resort to arbitration is not required for the above automatic and immediate termination of this Agreement. You waive any right to insist on a prior resort to arbitration to the fullest extent allowed under applicable law. If you dispute or question such termination, you agree that pending determination of the validity or effectivity of the termination, EVA’s obligations under this Agreement, except those which are intended to survive the termination or expiration of this 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.
11. Notices.Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to Eva Teleconsult. Any written notices or other communications to EVA will be addressed and sent to 31F One World Place, 32nd Street, Bonifacio Global City, Brgy. Fort Bonifacio, Taguig City, 1630, Metro Manila.
12. Relationship and No Thirty Party Rights.This Agreement does not, in any case, create a doctor-patient relationship between you and EVA. 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 EVA.
13. Assignment.You may not assign or transfer this Agreement. EVA may freely transfer or assign any part of this Agreement, and any of its rights and duties hereunder or thereunder.
14. Waiver.Failure by either party at any time to enforce any obligation by the other party or to claim a breach of any term of this Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this Agreement and will not affect any subsequent breach and will not prejudice either party as regards any subsequent action. All rights and remedies by this Agreement reserved to EVA will be cumulative and will not be in limitation of any other right or remedy that the EVA may have at law, in equity or otherwise.
No waiver by the parties shall be deemed to have been made unless expressed in writing and signed by the party who waives its rights under this Agreement.
16. Invalidity.If any provision of this Agreement or the application thereof to any party or circumstance should be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms and provisions of this Agreement and the application of such terms and provisions to such party or circumstance will not be affected thereby and will be enforced to the greatest extent permitted by applicable law.
17. 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 Taguig City to the exclusion of other venues.