Terms and Conditions

Terms and Conditions

Tojino Medical Clinic offers the Video Consultation Service (the “Service”) as a convenient, timely and efficient alternative to a face-to-face consultation, consistent with its objective of providing quality and accessible healthcare services and services. However, in order for us to provide the Service, and for you to avail of the Service and/or proceed with your Video Consultation session (the “Session”), you – the patient, customer, or user – must unconditionally agree to these Terms and Conditions (the “Agreement”) and must provide your consent to the matters stated herein. If you do not agree to this Agreement or do not wish to give your consent to any matter stated herein, we regret that you cannot avail of the Service and/or proceed with your Session. By clicking the “Submit” button after reading the Agreement, you are deemed to have given your unconditional agreement and unqualified consent to the Agreement.

I. The Service

1. This Agreement is between you and Tojino Medical Clinic doing business under the name and style Tojino Medical Clinic and all other entities duly authorized to operate a multi-specialty clinic under the name and style Tojino Medical Clinic (collectively “Tojino Medical Clinic”). This Agreement also applies to your use of Tojino Medical Clinic’s website at www.tojinomedicalclinic.com (“Website”) and to your registration for, subscription to, and use of the Service or of a Session. To the extent applicable, this Agreement also applies to the physicians and other healthcare professionals who will render the Service. All Tojino Medical Clinic rules, regulations, notices, statements and policies concerning data protection, privacy and cyber security (collectively, the “Privacy Policies”), and any update, revisions, modifications or amendments thereto, are deemed incorporated to and form an integral part of this Agreement.

2. Tojino Medical Clinic is a network of multi-specialty medical clinics which offers a spectrum of medical services that patients need to take better care of their health. In providing the Service, Tojino Medical Clinic itself is also engaged in the practice of medicine and healthcare profession. The Video Consultation Service shall be rendered via an information technology platform designated by Tojino Medical Clinic.

3. The Professionals remain solely responsible for the medical/healthcare advice and services given to you and are expected to do so based on their professional/expert opinion following all standards and requirements incumbent upon the practice of their profession. Nothing herein shall be construed as promotion, endorsement or recommendation by Tojino Medical Clinic in favor of any Professional, service, treatment, procedure, test, advice or opinion.

4. The Service is not intended for medical emergencies or exigent situations nor supplants any prior, existing or future medical or healthcare advice, treatment or procedure which you have received, is receiving or should be receiving. If you have an emergency, you are herein advised to seek immediate medical attention by proceeding to the nearest hospital or healthcare institution which may provide the necessary emergency medical assistance.

II. Undertakings, Representations and Warranties

1. You represent and warrant that you have the legal capacity to avail and use the Service and the Session and are located within the Philippines at the time of availment and use. You further represent and warrant that you are of legal age (at least eighteen years old) and not otherwise incapacitated to enter into a binding agreement. Persons with no legal capacity, not of legal age or with impaired legal capacity are not authorized and allowed to avail and use of the Service and the Session without the assistance of the person described under the next paragraph.

2. If you are acting for and in behalf of another person, you represent and warrant that you are duly authorized to do so, and may legally act for and in behalf of such person and may bind such person to this Agreement and provide the consent stated in paragraphs 4 and 5 hereof. You further acknowledge that you know fully well the consequences of acting in such capacity and hereby unconditionally agree to this Agreement and give unqualified consent to the matters stated herein. At Tojino Medical Clinic’s request, you agree and warrant to provide sufficient proof of such authority and/or consent. Any reference to “you” in this Agreement shall also refer to you, as a person acting for and in behalf of another person.

3. In availing and using the Service or a Session, you agree to provide such information as may be necessary or relevant to render the Service or provide the Session. You represent and warrant that such information shall be true, correct, complete and timely updated. You agree that you are solely responsible for the accuracy, genuineness, completeness and reliability of such information. You further agree that any information you provide or use on the Website, or in availing or using the Service or Session does not, and will not, infringe, violate or facilitate infringement on or violation of any copyright, patent, trademark, trade secret, data or other proprietary, publicity, or privacy rights of any party. Tojino Medical Clinic reserves the right to remove and/or delete any information provided by you, at the request of another party or at its own instance, that it deems, at its sole discretion, to be fraudulent, abusive, defamatory, obscene, or in violation of any law, ordinance, rule or regulation (the “Laws”), copyright, trademark, or other intellectual property or ownership right belonging to any other person.

4. The information that you will provide may include Personal Information, Sensitive Personal Information or Privileged Information as those terms are defined under the Data Privacy Act of 2012 (DPA 2012) and the Privacy Policies (collectively the “Personal Data”). You hereby consent to the processing thereof (as the term “processing” is defined under the DPA 2012 and the Privacy Policies) by Tojino Medical Clinic, and all other data controllers/processors deemed necessary by Tojino Medical Clinic for the performance of the Service or Session, including the Professionals.

5. You hereby represent and warrant that you have read, understood and fully agree to the Privacy Policies as published in the Website and/or incorporated in this Agreement.

6. You acknowledge and agree that you sufficiently know the limitations and restrictions of the Service and agree to use the same taking into account such limitations and restrictions.

7. You represent and warrant that you will use the Service for personal and non-commercial use only and at all times for lawful purposes only, consistent with applicable Laws.

8. You undertake, represent and warrant to preserve the integrity of the Service. In relation thereto, you shall not use the account of another person or allow others to use your account; share the account details, username and password; gain unauthorized access to the Service or any Session, including being present in the same location without the express consent from Tojino Medical Clinic or the Professionals; record any Session or conversation; impersonate another person or use a fictitious or false name; post, show or transmit anything illicit, illegal or immoral including threatening, false, misleading, abusive, libelous, pornographic or profane materials and acts; misrepresent any authority or representation; undermine cyber security, threaten privacy or breach data protection including posting or transmitting any data, material, content, or other information which is or that contains or promotes any malware or malicious software (however named or classified) designed to attack, damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt, appropriate or expropriate the Website, the Service or the information security platform used for the Session, or to gain unauthorized access to Personal Data; or use the Service in any way which would compromise or undermine its integrity, efficiency and security.

9. You undertake, represent and warrant that you have adequate cyber security tools such as anti-virus and/or anti-spyware software and are fully knowledgeable of using the third-party information technology platform used for the Session. You acknowledge and agree that the use of such third-party platform is governed by its own set of terms and conditions and you have separately agreed to the same when you downloaded the application. In this regard, you acknowledge sole responsibility for any cyber security and attack relating to or connected with the use of your own computer and other hardware, software or use of any application.

10. You represent and warrant that you have paid for the Service and have done so using your own funds. If a card was used, you represent and warrant that you own such card, or the Service was purchased/availed using the card of another person who personally facilitated the use of his card in purchasing/availing the Service.

11. You agree that the service Video Consultation, upon date of purchase, shall have a validity of one year. Should the purchased Video Consultation be not availed upon date and time of scheduled consultation, You shall only be allowed a re-schedule only once. Non availment on the re-scheduled date and time shall forfeit the purchased Video Consultation service.

12. Video Consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS and/or email. Tojino Medical Clinic or the Professionals reserves the right to reschedule or cancel an appointment without any prior notice.

13. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting Doctor's discretion.

14. Your consulted Physician reserves the right to provide a post consultation free review.

15. The Service can be cancelled or rescheduled 5 hours before the scheduled consultation.

16. Please ensure that you are equipped with proper video conference equipment and internet connectivity as mentioned or is relevant for the Service. In case of inadequate video conference equipment, technical error or defective internet connectivity Tojino Medical Clinic reserves the right to reschedule or cancel your appointment without any notice.

17. You understand and acknowledge that there will not be any physical examination involved and the consultation services shall be provided remotely. The opinion delivered by the doctor / physician shall solely be based on the verbal communication between the concerned doctor or the physician and the patient and the test reports and other information provided/uploaded by you on the website.

18. Refunds may be processed within 15 working days from the receipt of a request from you. All communications with regards to refund should be sent to admin@tojinomedicalclinic.com.

19. We encourage you to ask all the questions you have during the consultation as we will no longer accommodate follow up questions or inquiries related to the video consultation after the call has expired.

III. Limitations, Restrictions and Disclaimers

1. The professional determination and assessment of the Professionals shall govern at all times. Should the Professional opine that your situation is not eligible for the Service or requires face-to-face consultation or immediate visit to a hospital or other healthcare institution, you agree to abide by the same and such consultation shall be considered as full utilization of the Session. Conversely, if the Professional shall proceed with the consultation, Tojino Medical Clinic does not warrant that such Session is the appropriate solution to your particular medical or healthcare concern as the same shall be the sole prerogative and responsibility of the Professional.

2. You acknowledge and agree that in availing or using the Service or any Session, the same shall be at your own risk and your sole responsibility, and in no case shall Tojino Medical Clinic be liable to you. You assume all risks related thereto and agree that the Service is being offered on an as-is basis and has certain limitations and restrictions in view of its nature. Tojino Medical Clinic makes no warranties, express or implied, and to the extent permitted by law, disclaims any and all implied warranties.

3. All medical and healthcare advice or opinions are rendered by the Professionals and not by Tojino Medical Clinic. Tojino Medical Clinic does not warrant or guarantee that the Service or any Session or the information, content, advise or opinion will meet your requirements or that it will be free from any error, adequate, complete, reliable, accurate or timely. The Professionals are not employees or agents of Tojino Medical Clinic, and they are solely and directly responsible for the quality and propriety of the medical and healthcare services that they will render to you. Tojino Medical Clinic disclaims all liabilities for the acts or omissions of any Professional arising from or related to the Service or the Session. The Session shall remain to be a private consultation between you and the Professional, to which Tojino Medical Clinic is not a party. The Professional shall be solely responsible for all information, communication, advice or opinion rendered or exchanged in the course of the Session.

4. You acknowledge and agree that Tojino Medical Clinic has no control nor liability with respect to the third-party platform and your own internet service and information technology tools that will be used in rendering the Service and performing the Session, and as such, Tojino Medical Clinic shall not be responsible for any defects, delay in the consultation, assessment or provision of advice; loss of data; or any service interruption. You understand and consent to assume the potential risks associated with the use of the Service and the Session.

5. Since you are responsible for providing information and Personal Data as referred to in Section II.3 and II.4 hereof, Tojino Medical Clinic and the Professionals shall be limited to such information and Personal Data, and hence, any inaccuracy or incompleteness therein may result to errors or inaccuracy in assessment, diagnosis, prescription of drugs and over-all patient management.

6. In view of the nature of the Service where there is no face-to-face consultation, the same is open to errors or inaccuracies despite utmost diligence and competence exhibited by the Professionals, and you agree to bear such risk in using the Service. In all cases, no particular result or benefit is being guaranteed.

7. You acknowledge and agree that Tojino Medical Clinic is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall Tojino Medical Clinic be responsible for electronic, human, equipment, programming or other error, omission, interruption, defect or delay which may occur; incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information; technical failures of any kind; inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise.

8. As may be warranted or necessary, and at its sole discretion, Tojino Medical Clinic may record any session or store any of the information, document or Personal Data that you have provided. You acknowledge and agree that, while Tojino Medical Clinic may do so based on its own assessment, Tojino Medical Clinic does not have any obligation to record or store the same, and even if recorded or stored, the information, document or Personal Data may be lost, corrupted, destroyed, or otherwise rendered inaccessible.

9. In view of the foregoing, you hereby knowingly and voluntarily release Tojino Medical Clinic from any and all claims relating to any loss or damage whether actual, special, incidental, consequential, loss of profits or of whatever nature, that you might suffer as a result of the availment or use of the Service or Session, or in relation thereto or in connection therewith, arising from any cause.

10. In the event that any such limitation, restriction or disclaimer stated herein becomes unavailable or inapplicable, you acknowledge and expressly agree that the aggregate liability of Tojino Medical Clinic to you for any and all losses, damages, fees, charges, expenses or liabilities of any kind shall not exceed the amount actually paid for the Service or relevant Session, whichever is applicable.

11. You agree to indemnify, and hold Tojino Medical Clinic, its stockholders, directors, officers, representatives, including the Professionals, free and harmless from and against any and all rights, demands, losses, liabilities, damages, claims, actions, suits, fees, costs, and attorney’s fees of any kind whatsoever arising, directly or indirectly, arising from, connected with or in relation to your use or misuse of the Service or the Session; or from breach or violation of this Agreement; abuse, misrepresentation or exploitation of the medical or healthcare advise or opinion given by the Professional; any wrong, inaccurate or misleading information, document or Personal Data provided in relation to the Service or the Session; or any negligent, fraudulent, wilful or wrongful action or omission you have committed.

IV. Miscellaneous Provisions

1. Term and Termination. This Agreement shall be effective upon your availment or use of the Service or of any Session and shall terminate upon performance of the Service or conduct of the Session availed of. Any actual or potential breach of the terms and conditions of the Agreement or actual or potential misuse of the Service shall result to the suspension or termination of the Service, regardless if there are still available unused and paid Sessions, as may be determined by Tojino Medical Clinic, without prejudice to other remedies available to Tojino Medical Clinic. Notwithstanding any termination, all provisions of the Agreement intended to survive termination shall remain effective.

2. Force Majeure. Tojino Medical Clinic 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 under this Agreement due to any Force Majeure Event; Provided, that such delay or interruption could not have been prevented by reasonable precautions and cannot be reasonably circumvented by Tojino Medical Clinic through the use of alternative sources, work-around plans, or other means. In each and every Force Majeure Event, Tojino Medical Clinic will be excused from any further performance or observance of any obligation in this Agreement so affected for as long as such circumstance prevails and provided Tojino Medical Clinic continues to use commercially reasonable efforts to recommence the performance or observance whenever and to whatever extent possible without delay. At its option, Tojino Medical Clinic will make the necessary announcement or communication to you immediately via the Website, email, phone call or SMS if it foresees or experiences delay in the performance of its obligations. Such announcement will describe in reasonable detail the circumstances causing such delay, and shall, to the extent reasonable and lawful under the circumstances, use best efforts to remove and/or remedy such cause and minimize any damage resulting thereto with reasonable dispatch. For purposes of this provision, “Force Majeure Event” means any unforeseen event or an event which though foreseen is inevitable, or not within the control of Tojino Medical Clinic, such as fire, flood, earthquake, elements of nature or acts of God, epidemic or pandemic, acts of war, terrorism, riots, civil disorder, rebellions or revolutions, strikes, lockouts, or labor difficulties, rationing or unavailability of essential equipment, labor, or supplies and disruption to or unavailability of utilities and services, including, without limitation, electric power and telecommunications services or any other similar cause.

3. Updates, Revisions, Modifications and Amendments. Tojino Medical Clinic reserves the right to update, revise, modify or amend the provisions of this Agreement, including the Privacy Policies, at any time without need of prior notice. You may review the latest version of the Agreement on the Website. Your continued use of the Service or involvement in a Session after any update, revision, modification or amendment is made by Tojino Medical Clinic to the Agreement signifies your acceptance of the same. You are responsible for checking these terms and conditions periodically for any such changes.

4. Relationship. This Agreement does not in any way create a physician-patient relationship between you and Tojino Medical Clinic or an employer-employee relationship between Tojino Medical Clinic and the Professionals. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement upon any person or entity other than you and Tojino Medical Clinic.

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

6. Severability. If any provision or other portion of this Agreement is declared invalid, unenforceable or contrary to law or public policy, such shall not affect the other remaining provisions of this Agreement (except when the validity of the latter depends on the former) and the parties shall continue to be bound by such remaining provisions, which shall remain in full force and effect. Any provision of this Agreement shall, to the extent possible, be interpreted in a manner compatible with the rest of the Agreement and with Law.

7. Assignment. You may not assign or transfer this Agreement, and all the rights and obligations stated herein without the prior written consent of Tojino Medical Clinic. Tojino Medical Clinic may assign and transfer this Agreement and any rights and obligations stated herein to any of its related entities, affiliates or assignee without need of prior notice.

8. Non-Waiver. Failure or delay of any of the parties to enforce or demand the strict performance of any of the provisions of this Agreement or any right or interest shall not be construed as waiver of such provision, right or interest. No waiver shall be deemed to have been made unless made in writing and any waiver of a particular provision, right or interest shall not be construed as to include other provisions, rights or interests, or any subsequent or future waiver of the same provision, right or interest.

9. Notices. Any notice or other communication required to be given to you or needed to be made pursuant to this Agreement shall be made thru the address or electronic mail you have given. Any such notice shall be deemed delivered (i) if sent by registered mail, on the date upon which the return receipt is signed or (ii) if sent by e-mail when sent (with confirmation of receipt). Your failure to provide a valid address or email shall be deemed a waiver of any notice required to be given or made under the Agreement. Any notice or communication required to be made to Tojino Medical Clinic under this Agreement shall be made via registered mail addressed to Tojino Medical Clinic at 2040 Donada St., 2-2 Ferosa Building, Pasay City, unless a different mode is provided in this Agreement.

10. Governing Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the Republic of the Philippines. Any dispute, controversy, or claim arising out of, relating to or connected with this Agreement shall be submitted to the proper courts of Pasay City, to the exclusion of all other courts.