Terms & Conditions

Updated: March 25, 2021

PLEASE READ THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) CAREFULLY.
YOU SHOULD NOT SUBSCRIBE TO E.V ASSISTANCE SOFTWARE SERVICES, INC. (“EVA
DIGITAL CLINIC”), OR YOU SHOULD IMMEDIATELY CEASE YOUR USE OF EVA
DIGITAL CLINIC IF AT ANY TIME YOU DISAGREE WITH THIS AGREEMENT. YOUR
SUBSCRIPTION AND/OR CONTINUED USE OF EVA DIGITAL CLINIC 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 Digital Clinic, you, the customer, unconditionally agree to these this
Agreement. This Agreement shall govern your access to and/or use of Eva Digital Clinic’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 Digital Clinic. 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 with [21 days] notice to you before any such variation to the terms and conditions take
effect. 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
in EVA’s website.

EVA operates an Information and Communication Technology (“ICT”) facility that will enable you to
connect to EVA’s partner physicians, hospitals, clinics, laboratories, pharmacies, Transport Network
Vehicle Service (including, but not limited to, Grab, Lalamove, Mr. Speedy), Electronic-Money (E-money)
Issuers (including, but not limited to, PayMaya and GCash), banks, 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 Digital Clinic 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.

EVA is likewise not engaged in the practice of pharmacy or in the business of transportation, E-money,
banking, HMO, and insurance, and any information provided by EVA does not constitute any business
other than being a platform provider.

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 Digital Clinic 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.

 

This Agreement applies to your use of EVA’s website (“Website”) at [www.evadigitalclinic.com.ph] and
to your registration for, subscription to, and use of Eva Digital Clinic. You acknowledge that you
understand, have read and accepted all terms and conditions in this Agreement and those that are contained
in the EVA Data Privacy Policy, which shall form an integral part of this Agreement.

 

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 Digital Clinic. If you are under 18 years of
age, or otherwise incapacitated to enter into this Agreement, you may not register or use Eva Digital Clinic.
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.

2. Registration, Personal Data, and Personal Health Information. You must register to use Eva Digital
Clinic. During registration and use of Eva Digital Clinic, you will be required to provide certain personally
identifiable information (collectively, “Personal Data”), including your name, address, phone number and
sensitive personal information such as, but not limited to, personal, medical or health information
(“Personal Health Information”). It is your sole responsibility to update EVA 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 Eva Digital Clinic, you agree to disclose the contents of your Personal Data to the
licensed physicians and EVA’s Partners, as well as to EVA, its subsidiaries, affiliates, partners and thirdparty service providers as part of its business operations and provision of services. EVA’s retention and use
of all Personal Data shall be subject to EVA’s Data Privacy Policy posted on its Website. You represent
and warrant that you have read and understood EVA’s Data Privacy Policy, and consent to the accessing,
processing, collecting, profiling, organizing, storing, updating or modifying, retrieving, using,
consolidating, blocking, sharing, and eventually erasing and destroying of your Personal Data by EVA and
its affiliates, Partners, and other third-party service providers, as detailed under Section 5.

If you are acting on behalf of your nominated members, you represent and warrant that you are authorized
to act for and have obtained the consent of your nominated member/s to the accessing, processing,
collecting, profiling, organizing, storing, updating or modifying, retrieving, using, consolidating, blocking,
sharing, and eventually erasing and destroying of their personal information in accordance with the EVA
Data Privacy Policy posted on the Website prior to sharing any of their personal information with us. You
also warrant that you have fully informed each nominated member and that they have fully understood,
consented, and accepted the EVA Data Privacy Policy. Upon EVA’s request, you will provide us with
written proof of (a) your authorization to act on behalf of your nominated member/s, and (b) the consent
and acceptance of the EVA Data Privacy Policy by your nominated member/s. By registering to use Eva
Digital Clinic, you 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 EVA.


EVA makes no warranties, express or implied, as to the accuracy or applicability of the information
provided in connection with Eva Digital Clinic 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 Digital Clinic Chat Support ( through Eva Website and Facebook Account Page). Access
to and use of Eva Digital Clinic is limited to customers with a registered address in the Philippines.

3. Price and Payment. You agree to timely pay PHP 999 for every consult through [GCash, PayMaya, and
credit/debit card/s with name of partner banks]. You hereby authorize [GCash, PayMaya, and credit/debit
card/s name of partner banks] to collect any and all amounts payable by you, for and on behalf of EVA.

4. Non-Commercial and Proper Use of Eva Digital Clinic. Eva Digital Clinic is for your own personal and
non-commercial use only. You may use Eva Digital Clinic 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 Digital Clinic in the event of actual or potential misuse of
Eva Digital Clinic.

You agree that you will not use Eva Digital Clinic 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 Digital Clinic to impersonate another person or misrepresent an authorization to
act on behalf of others or EVA. All messages transmitted via Eva Digital Clinic 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 Digital Clinic or post or view comments. You shall not undermine the security or integrity of
computing systems or networks of Eva Digital Clinic, 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 Digital Clinic. 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 Digital Clinic. You may not tamper,
hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of Eva Digital
Clinic. 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 Digital Clinic
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 Digital Clinic
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 Digital Clinic 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 Digital Clinic. 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 Digital Clinic 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 Digital Clinic, 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 Digital Clinic; and

(h) Temporary interruptions in service may occur in connection with the use of Eva Digital Clinic.

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 Digital Clinic 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 Digital Clinic 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 Digital Clinic.

 

7. Limitation of Liability. If you choose to use Eva Digital Clinic, 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 Digital Clinic; (b) your inability to use
Eva Digital Clinic irrespective of the cause of that inability; (c) any delay in or interruption of your use of
Eva Digital Clinic regardless of the cause of the delay or interruption; (d) any corruption of any data that is
transmitted by you to EVA through Eva Digital Clinic, 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 Digital Clinic; (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 Digital Clinic.

 

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 Digital Clinic, 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 Digital Clinic for the term of this Agreement as
indicated in your Eva Digital Clinic subscription plan. Notwithstanding such term, you may at any time
discontinue the use of Eva Digital Clinic by contacting our Customer Service Support.

 

EVA reserves the right to terminate your use of Eva Digital Clinic if you breach this Agreement or for any
other reason in EVA’s discretion. Your breach of this Agreement, including non-payment for Eva Digital
Clinic, 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.

 

The provisions on Indemnification, Limitation of Liability and the Data Privacy Policy stated herein shall
survive the termination of this Agreement.

 

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 Digital Clinic.
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

 

15. Entire Agreement. This Agreement, Patient Consent Form, and EVA’s Data Privacy Policy constitutes
the entire agreement between the parties with respect to the subject matter hereof.

 

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.