TERMS OF USE

Last updated on August 9, 2018

 

Please read this Terms of Use carefully as the same contains important information that you need to consider before accessing our site.

 

I.  Declarations

            This site, www.mydoctorfinder.com (herein referred to as the “Site”) is an online search for doctors, pharmacy, clinics, and hospitals which lets you set an appointment/s with hospitals, clinics, and doctors and create your own profile where you can track your booked services. This site is owned and operated by PurpleBug. The following Terms of Use constitute an agreement between you and PurpleBug.

            The content on this Site, and the trademarks, service marks, and logos contained therein are owned by or licensed to PurpleBug and is subject to copyright and other intellectual property rights under Philippine laws.  Content on the Site is provided to you on an “as is” basis and without warranties for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

PurpleBug reserves all rights not expressly granted in and to the Site and its Content. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

You understand that when using the Site, PurpleBug is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the content of the website: hence, no representation is made nor any warranty given (either expressed or implied) as to the information it contains.

These terms of use (the “Terms of Use”, “Terms”) govern your use of the Site, both as a casual visitor and as a registered user.  Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically. Likewise, you acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions.  Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the services.  And thus, by accessing our Services, you are agreeing to these Terms and our Privacy Policy, herein stated, and that you consent to resolve “exclusively” in the proper courts of Makati City, Philippines any dispute that you may have with us, or the Site.

If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.

            Some Content may include regulatory related information pertaining to you or your business.  Such Content is provided for informational purposes only.  These Contents do not constitute legal or regulatory advice and no lawyer-client relationship is created by your use of our Services or the Content.  Accordingly, always seek the advice of your lawyers with any questions you may have regarding a law, regulation, or dispute.

 

            We are constantly innovating and looking for new ways to improve our Services.  We may therefore revise, update and amend this Terms of Use at any time, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services to reflect such improvements or any other changes to our business.  It is recommended that you review these Terms of Use on a regular basis.  We will endeavor to tell you about any significant changes to this Terms of Use which we feel may disadvantage you in any material way.  If you object to any of the changes, you should immediately stop using our Services and close any account you may have with us.  You agree that PurpleBug will not be liable to you or any third party for any suspension or discontinuation of any of the Services.  Your continued usage of the Site subsequent to the revisions, updates and amendments signify your acceptance to these changes. The most current version of the Terms shall govern and supersede all previous versions. 

 

II.  Privacy Policy

 

            The information collected by PurpleBug or www.mydoctorfinder.com is for the site to be able to allow its users to own personalized patient profiles, which facilitates website use and communication with other users within the site. No user information shall be given to outside parties without the user's consent. 

The security of your Personal Information is important to us. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. We maintain appropriate technical and physical safeguards to protect your Personal Information against accidental or unlawful destruction or loss, alteration, unauthorized disclosure or access, use and all other unlawful forms of processing of the data in our possession.  We use the same level of skill in protecting your Personal Information as other similar game developers.  However, since the Internet is not a completely secure environment we cannot guarantee that Information you transmit via our Site will not accessed, disclosed, altered or destroyed by breach of any of our safeguards.

We will retain your Personal Information for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide you with Services.  We may retain your Personal Information after you have closed any account you have with us or after we have ceased providing Services to you if retention of your Personal Information is reasonably necessary to comply with our legal obligations, meet regulatory requirement, resolve disputes between members, prevent fraud, cheating or abuse, or enforce this Privacy Policy or any other agreement we may have with a user.

You have the right to request a copy of the information that we hold about you.  If you would like a copy of some or all of your Personal Information, please contact us at inquiries@mydoctorfinder.com – we may make a small charge for this.  You have the right to ask us not to use your Personal Information for marketing purposes.  To change your marketing preferences or to unsubscribe, please contact us at inquiries@mydoctorfinder.com.  We want to make sure that your Personal Information is accurate and up to date.  You may ask us to modify, correct or remove information by contacting us at the email address above.

Information that you have shared via our Services on third party platform cannot be amended or deleted by us where it is in the control of the third party platform.  In addition, where any third party copies information which you have made available via the use of our Services, we may not be able to amend or delete it because it may not be in our control.

III. Definitions

 

ContentThis includes but not limited to the following: text, data, scripts, information, suggestions, guidance, and other material; software, graphics, photos, images, sounds, music, videos, interactive features and the like

 

General Services - Services in our site available to the general public without the need of registering or obtaining a password. 

 

Personal Account – The unique identifiers, API keys, passwords, and the like. This is required to access our Restricted Services.  This is one way of safeguarding each user to be properly authenticated by means of authorization.  In order to obtain Personal Account, you must provide certain information about yourself. 

 

Privacy Policy – This explains how we collect, process and store any personal data belonging to you, meaning information about you which is personally identifiable such as your name, address, telephone number or email address.  Such information is referred throughout this policy as “Personal Information”.

 

Professionals - Physicians, healthcare professionals, certified consultants or other professionals

 

Public Forums – This collectively refers to discussion groups, blogs, surveys, ratings, comment forms, or message boards.

 

PurpleBugPurpleBug, Inc. and our current and future subsidiaries and affiliates.  The developer and / or owner of www.mydoctorfinder.com, herein referred to as “us”, “we”, “our”.

 

Restricted Services – This refers to our Services which are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. 

 

Services - This refers to everything we offer on the Site. 

 

Site - www.mydoctorfinder.com

 

IV. Interpretation

           

For the purpose of these Terms, “you” means the individual user of our Services.  If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”), then “you” also refers to such Principal.  If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal.

 

            In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.”  The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms.  The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.  

 

            These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, constitute the entire agreement between you and us regarding any services accessed via our Services and supersede all communications, representations, or understandings, either oral or written, relating to the subject matter hereof.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

 

 

 

V. Guidelines of Site Use

 

Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

 

  You acknowledge that although some of the Content that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.

 

You acknowledge that the Site only serves as a booking facility for you and your chosen provider (hospital, clinic, doctor). The Site won’t be liable to any transaction or communication between you and the provider. Any communication or coordination must be made between you and the provider. If there is any cancellation made regarding the booked service, the Site is not liable for any conflict of schedules. Issues regarding the rebooking process must be made between you and the provider.

 

5.1 General Services

 

You may make personal, non-commercial use of the General Services as long as you comply with these Terms.  This personal use includes linking to information appearing in the General Services, provided you do not represent yourself as an employee, agent or representative of PurpleBug.  Personal use also includes temporary caching by your browser or a proxy server.  

 

In using General Services such as the blogs, message boards, user reviews, seeking advice from an MD or other communities, you are solely responsible for your actions and its consequences and your reliance on those communications found in the General Services. 

 

PurpleBug may control the contents of the General Services but it is not responsible for the consequences of any communications in the General Services.  In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.  If you are in a medical emergency, contact your doctor immediately. 

 

If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including so-called “deep links”) to the General Services only in the following instances: (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services.  We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a “Public Search Engine,” and the Public Search Engine’s combined performance of clauses (i) through (iii), collectively, “Public Search Services.”  We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions.  

 

If you wish to use the General Services in a way that is not authorized above, permission must first be secured from PurpleBug prior to such use.  

 

5.2  Private Access


            If you are registering for a Restricted Service, or accessing or using, or attempting to access or use, a Restricted Service on behalf of, or for the benefit of, someone other than yourself – such as your employer, client or customer (each, a “Principal”) – you must also identify and provide information about each Principal.

 

            Your Personal Account is unique to you.  You should immediately notify us here if your Personal Account has been stolen or compromised.  You are responsible for all activities using your Personal Account until you have properly notified us that your Personal Account has been stolen or compromised. Further, you represent, warrant and covenant that: (a) The information you submit in obtaining your Personal Account is complete and accurate and identifies you and the name of each of your Principals; (b) You will not share your Personal Account with anyone else; (c) You will not circumvent, or attempt to circumvent, any technical measures that we have put in place to safeguard the Restricted Services;  (d) You will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Restricted Services other than with (i) a commercial browser (such as Chrome, Internet Explorer or Mozilla Firefox), (ii) an application made for mobile or handheld device(s) that is developed and distributed by us, or (iii) our application programming interface (“API”) using Personal Account issued to you directly by us, and only us; and (e) You will not access or use, or attempt to access or use, a Protected Service without validly-issued active Personal Account. 

 

            We reserve the right to suspend or terminate your access to any Restricted Service at any time, with or without cause or notice.  We shall not be liable to you in any way if we suspend or terminate your access to a Restricted Service or our Services.

 

5.3 Visiting Our Websites; Signing-Up for Our Services; Emailing Us

 

When you sign-up for or log-in to one of our Restricted Services, or when you submit information on a web form or email or instant message us, you are communicating with us electronically.  When you visit our websites, we and certain third-party service providers collect information during your visit.  In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Privacy Policy. 

 

As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages.  Such communication may be by email, instant message, a posting on our Services or some other mechanism.  You consent to receive such communications from us electronically.  If you have registered for one or more of the Restricted Services, our Service announcements and administrative messages we provide, you are considered part of the Restricted Services themselves, which you may not be able to opt-out from receiving until you cease using, or deactivate your Personal Account to, such Restricted Services.

 

You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.

 

5.4 Your Participation in Our Public Forums.

 

We may offer one or more forums for the exchange of information among our users.  You acknowledge that any Content that you submit in any of our Public Forums is available to the public.  Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason.

 

            It is important that you act responsibly when submitting Content to a Public Forum.  You acknowledge that any Content that you submit in a Public Forum is available to the public and may result in your receiving communications from others outside our Services.  You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services.  Your participation in our Public Forums is subject to our Community Standards and is contingent on your acknowledgment and agreement with the following:

 

a.          You will not use the Public Forum for any purpose in violation of local, state, national or international laws;

 

b.         You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by PurpleBug in its sole discretion

 

c.          You will only disclose information about yourself on a Public Forum that you consider suitable for public disclosure.  Do not disclose information that personally identifies you unless you intend for that information to be disclosed publicly.  We strongly recommend that you refrain from disclosing any sensitive information about yourself on a Public Forum, including information about any medical condition.

  

d.         You will not violate the publicity or privacy rights of others, including disclosing information about anyone else’s medical or financial condition or any other sensitive subjects.

 

 e.        You will ensure that any Content that you submit to Public Forums is accurate.  If you are rating or reviewing a Professional, you agree to provide your honest appraisals of such Professional, without using inappropriate language or making gratuitous personal criticisms.

 

f.          You will not post any Content that you do not have the right to post.  You will not post material that infringes on the intellectual property rights of others, including copyrights, trademarks or trade secret rights.

 

g.         You will not post chain letters, pyramid schemes, advertisements or solicitations of business deemed to be spam in nature. Posting the same note more than once is also considered spamming. These are automatically removed by the site administrator.

 

h.         You will not continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free-form) after receiving a warning.

 

i.          You will not impersonate another person;

 

j.          You will not distribute viruses or other harmful computer code;

 

k.         You will not harvest or otherwise collect information about others, including email addresses, without their consent, for posting or viewing comments;

 

l.          You will not allow any other person or entity to use your identification for posting or viewing comments

 

m.        You will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Forum or the Site, or which, in the judgment of PurpleBug, exposes mydoctorfinder.com or any of its customers or suppliers to any liability or detriment of any type.

 

            We will not be liable to you for any Content you submit to any Public Forum.

 

5.5 Removal of Content

 

You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time.  We are not responsible for any delay or failure in removing any Content.  

 

5.6 Reporting Violations

 

            We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms.  Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.  

 

5.7 Copyright Policy

 

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: 

 

a. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner, if someone other than you, of an exclusive right that is allegedly infringed; 

 

 b. Identification of the copyrighted work claimed to have been infringed; 

 

 c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

 

 d. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 

 

e. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and

 

 f. Your contact information, including your address, telephone number, and email address.

 

            We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, PurpleBug will also terminate a user’s account if the user is determined to be a repeat infringer.

 

5.8  Editorial Control

 

            We make the Site available as a service to everyone for the purposes of providing an informative and educational resource. We may, but have no obligation to, have the Content posted on the Site reviewed by the Site’s editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Content is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Content herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Content.

 

            You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified physician.         To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards.  Accordingly, you agree that you will not, nor will you attempt to:

 

1.  Access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;

2.  Sell or transfer any information included in our Services or use such information to market any product or service – including by sending, or facilitating the sending of, unsolicited emails or SPAM;

3.  Probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures;

4.  Disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;

5.  Introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services; 

6.  Disassemble, decompile or reverse engineer our Services;

7.  Harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services;

8.  Disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our Services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation;

9.  Remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or

10.  Engage in any activity other than those expressly permitted in these Terms and your User Agreement(s).

 

            In any breach, www.mydoctorfinder.com reserves the right (but is Not Obligated) to do any or all of the following: (a) Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these Terms of Use; (b) Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s); (c) Monitor, edit, or disclose any communication in the Public Areas; (d) Record the dialogue in public chat rooms; (e) Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use; (f) Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.

VI.  Nature of the Content Appearing on our Services

 

6.1 General


            As mentioned above, the Site is an is an online search for doctors, pharmacy, clinics, and hospitals which lets you set an appointment/s with hospitals, clinics, and doctors and create your own profile where you can track your booked services. Our Services may include text, data, graphics, images, video or other content (collectively referred to as “Content”) created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies.  The Content is provided for general informational purposes, and should not be relied upon for personal, professional, medical or regulatory decisions.  We do not ensure the completeness, timeliness or accuracy of the Content.  

 

All physicians and other health provider information found on our Site is both self-reported, by the physician and/or physician office staff, and collected from multiple data sources that may not be confirmed by the physician. Some physicians and other provider information may be outdated or inaccurate; hence, website users are advised to verify information about a particular physician by confirming first with the doctor or the doctor's office.  We have no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities. 

6.2 Directories:  Physicians, Consultants, and Other Professionals

Our Services include listings and directories (“Directories”) to help you find Professionals.  The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who use our Services and who have chosen to participate in the Directories. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of such Professional.  Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications.  The Professionals are solely responsible for the appropriateness and quality of the services they provide.  Additionally, the Directories rely on information submitted by Professionals themselves.  Unless Professionals provide us with current information, the Directory information may not be timely or accurate.  You should confirm such information before obtaining services or treatment from a Professional.  As a convenience, the Services may permit you to request an appointment with a Professional.  However, Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment.  

 

We make no guarantees, representations or warranties, whether express or implied, with respect to professional qualifications, expertise, quality of work or other information herein.  In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.  We do not guarantee that the doctor will reply to your e-mail. That choice is exclusively reserved for the doctor. 

6.3. Practitioner Information

 

Provider and practice information found on the Site is intended for general reference purposes only. Provider information found on the Site is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate.

 

Neither the Site nor PurpleBug provides any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.

 

6.4  Authorization and Acknowledgement; Important Information About Provider Relationships and Lists

 

            In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you understand that: YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.

 

            We will provide you with lists and/or profile previews of Providers who may be suitable to deliver the health care that you are seeking based on information that you provide to us (such as medical insurance and/or health card information, proximity to your geographical location, and specialty of the Provider). In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other site users, and past experience of site users with Providers); but PurpleBug (i) does not recommend or endorse any Providers, (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide, and (iii) does not receive any additional fees from Providers for featuring them through the Services.

 

            We use reasonable efforts to ensure that Providers only participate in the Services if they hold active medical licenses and all certifications necessary to practice any specialty of the services offered by them to patients.  We may also exclude Providers who, in our discretion, have engaged in inappropriate or unprofessional conduct.

 

            If you elect to enter information into a medical history form ("Medical History Form") on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Provider, you acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that PurpleBug may use the data or information you provide on a Medical History Form in accordance with its Privacy Policy.

 

If you choose to book a service under the Site, you acknowledge and agree that the Site is only a booking facility and will not be liable to you and your provider’s communication regarding the scheduling. You also acknowledge that certain bookings may be cancelled depending on the provider’s availability or schedule conflicts.

 

6.5 Blog Posts; Ratings; Surveys; Comments; User-Submitted Content

 

Our Services allow you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content.  We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user’s opinion or Content a user finds interesting.  Our Services may also include survey results, ratings or testimonials (“Evaluations”) from patients, clients or other customers (“Patients”) of healthcare professionals (“Professionals”) that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer.  Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science.  Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Professional. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not to be presumed to be reliable or error-free.  

 

6.6 Advertising 

 

Our Services may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”).  The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.

 

6.7 Links to Other Sites

 

            The Site may include links to other websites, including links provided as automated search results or hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites. You understand that when you click on these links, any data which you provide thereafter is subject to such third party’s Privacy Policy and not to ours.  Although we will endeavor only to link to reputable websites, you acknowledge and agree that we are not responsible or liable for the content, safety, security or accuracy of these other sites.

 

VII. Warranties and Liabilities of PurpleBug. 

 

7.1 No Doctor Patient Relationship  

 

            The information that you obtain or receive from www.mydoctorfinder.com, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only.  The content in the site is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment or any services provided by a medical professional.  Always ask for the advice of your doctor before taking any over-the-counter (non-Rx; OTC; non-prescription) or prescription (Rx) medications, and before going on any treatment.

 

Although some Content may include health- or medical-related information, this site “Does Not” Provide Medical Advice. We do not recommend or endorse any specific tests, doctors, dentists, health care providers, procedures, opinions, or other information that may appear on the Site. Your use of information provided on the site is solely at your own risk.  Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of medicine whether directly or indirectly, the provision of medical care, rendering of medical advice, or dispensation of medical services, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. 

 

No doctor-patient relationship is created by your use of our Services or the Content.  Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. Do not use the site for emergency medical needs. If you think you may have a medical emergency, call your healthcare professional or your local emergency number immediately.

 

 7.2. Disclaimer of Warranties

 

            We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.

 

We provide the Site and the Services “as is”, “with all faults” and “as available”.  We make no express or implied warranties or guarantees about the Services.  To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.  We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements.  We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing.  We are not responsible for the accuracy, reliability, timeliness or completeness of Content provided by users of the Site or any other data or Content provided or received through the Site.  Except as expressly set forth herein, PurpleBug or www.mydoctorfinder.com does not warrant that the Site or the Services will operate error-free, that loss of data will not occur, or that the Services, software or Site are free of computer viruses, contaminants or other harmful items.

 

7.3 Disclaimers and Limitations on Liability

 

            We make no warranties about the Information Systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information.  We do not warrant that the services will be uninterrupted, error-free or without breaches of security and you agree that you are solely responsible for any and all acts or omissions taken or made in reliance on our services or the Content in our services including inaccurate or incomplete Content.  We expressly disclaim any liability with respect to any injury caused by any user, or any damage suffered by any user, as a result of the actions or inactions of any other user.  If you are dissatisfied with our Services or any Content thereof, your sole and exclusive remedy is to discontinue using and accessing our Services. 

 

            In no event shall we or any of our subsidiaries or affiliates, or our respective officers, directors, employees, agents, representatives, partners and licensors be liable for any special, indirect, consequential or exemplary damages, including, but not limited to, loss of profits or revenues, loss of use, loss of goodwill or loss of information, however caused and whether based on contract, warranty, negligence, strict liability or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages.  You acknowledge that you may be waiving rights with respect to claims that are unknown or unsuspected.

 

7.4 Risks You Assume

 

            Without limiting any of the other risks we have disclosed to you in these terms, you are solely responsible for your use of our Services, including any Content you submit to use and you expressly acknowledge and agree that your use and access to our Services and the Content contained therein, and any Sites linked through our Services and any data transmitted through our Services is at your sole risk.  Accordingly, we do not assume any liability to you for or relating to any of your actions, including the publication of any Content you submit or our exercise of the rights you grant to us with respect thereto.

 

7.5. Applicability to Individuals, Patients or Clinical Situations.

 

            The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

 

            We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever.

 

            You are strongly advised to perform your own investigation prior to selecting a health care professional by confirming thru telephone calls or any other modes of checking to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor, dentist or other health care provider (“Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and the Professional Regulation Commission.

 

7.6  Clinical Decision Support Information


            If you are a Professional, the Content may include information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general healthcare related information and resources.  We may also provide forums for our users to exchange information. The information and materials available through our Services are for informational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment.

 

 

 

7.7. Legal Capacity

 

            The Services we offer are limited to persons who are 18 years old and above and who have the legal capacity to enter into a contract under the Philippine laws.  If you are the parent or guardian of a minor, you may use the Services and enter into a User Agreement on behalf of such minor.  By using the Site or Services on behalf of a minor child, you represent and warrant that you have the legal capacity to act on behalf of such minor and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) that applicable to you are equally applicable to such minor.  All references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is thus revoked in such jurisdictions.

 

7.8. Philippine Use

 

            By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the Terms of Use set forth herein. Access to our Services is administered in the Philippines and is intended for users in the Philippines.  Any use outside of the Philippines is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

 

7.9 Disputes; Governing Law; Jurisdiction

 

            These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with Philippine laws without regard to its conflict of laws provisions.  Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be filed in the proper courts of Makati City, Philippines to the exclusion of all other courts. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed.  We shall have the right to commence and prosecute any legal or equitable action or proceeding before any Philippine or non-Philippine court of competent jurisdiction to enforce these Terms or to protect our or any third party’s rights in our Services or any data or other Content made available via our Services.  You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law.  In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.

 

7.10. Additional Terms

 

            Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional Terms of Use at that time. By using those Services, you agree to comply with such additional guidelines and rules.

 

VIII. User Responsibilities

 

8.1  General

 

            Even though the Services are provided free of charge, the usual and customary charges for any medical services rendered by collaborating Providers profiled on the Site will apply and will be entirely your responsibility.

 

            You are responsible for all use of the Site and for all use of your Personal Account, including use by others to whom you have given your Personal Account. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.

 

            Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or Providers; reformat or frame any portion of the web pages that are part of the Site and/or the Services; fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping; create user accounts by automated means or under false or fraudulent pretenses; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.

 

            In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

 

8.2. Content You Post or Submit

 

            You will have the opportunity to submit feedback regarding your experiences with Providers who are featured on the Site, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Provider may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

           

We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

 

            You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.

 

            You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

 

            You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by PurpleBug or www.mydoctorfinder.com.

 

            You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.

 

Do not ask doctors for prescriptions online. First, doctors can provide their best judgment only after they have actually physically examined the patient. Second, you need a signed prescription from a doctor before you can buy prescription medicines.

 

No Flooding. Successive posting of the same messages is prohibited.

 

No Spamming. Posting multiple messages after each other with no purpose or meaning is not allowed.

 

No Advertisements. Reviews on products, queries, and mentioning of something on sale once in a while may be allowed but to flood is another thing. Please make contacts and do business in another venue.

 

Solicitations are not allowed.

 

If you are asking for advice on health, be truthful. Never pretend to be someone else. A piece of advice is only as sound as the information it is based on.

 

Be concise and to the point. Remember that reading on the monitor is harder than reading on paper. The chance of a reply increases if your message is to the point.

 

DO NOT USE rude or offensive language. Avoid using slang or acronyms. This is not texting.

 

Read your message before you send it. Oftentimes, people send messages that are not understandable to their recipients.

 

You understand that www.mydoctorfinder.com reserves the right not to send your message to the doctor should it contain violations of the conditions detailed above.  PurpleBug or www.mydoctorfinder.com may, (but is not obligated to) review and delete any Posted Information that in the sole judgment of PurpleBug or www.mydoctorfinder.com. violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.

 

            You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.

 

            By posting Posted Information on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, PurpleBug or www.mydoctorfinder.com, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.

           

            The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. PurpleBug or www.mydoctorfinder.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:

1. is false or intentionally misleading;

2. harasses or advocates harassment of another person;

3. involves the transmission of unsolicited mass mailing or "spamming";

4. violates the intellectual property or other rights of any person;

5. is threatening, obscene, defamatory or libelous; or

6. is pornographic or sexually explicit in nature.


 

8.3. Your Use of Content

 

            All of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain PurpleBug or www.mydoctorfinder.com proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, PurpleBug or www.mydoctorfinder.com, and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by PurpleBug to you are retained by PurpleBug.

 

IX.  Miscellaneous

 

9.1 Ownership

 

            You retain ownership of the intellectual property rights you hold in Content you submit on our Services.  When you submit Content on our Services, you grant us and those we work with a worldwide, royalty-free right to store, host, reproduce, create derivative works of (such as translations, adaptations, reformatted versions and aggregated, anonymized or de-identified versions), publish, publicly perform, display, use and distribute such Content as further described in our Privacy Policy and, if applicable, in your User Agreement.  For some of our Services, your User Agreement or settings may narrow the scope of our use of Content you submit.  You can find more information about how we use and store Content in our Privacy Policy or, if applicable, your User Agreement. 

 

            If you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel – such Suggestions (1) are not governed by our Privacy Policy, (2) we are under no obligation of confidentiality, express or implied, with respect to such Suggestions; (3) we are entitled to use or disclose (or choose not to use or disclose) such Suggestions in any way and for any purpose; (4) such Suggestions automatically become our property without any obligation; and (5) you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances.

 

            Except for your Content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organization and arrangement thereof, are and remain the exclusive property of us and our licensors.  Except for the limited specific rights we grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.

 

9.2. Violations

 

            We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interest, or the rights or interests of any person or entity.

  

            We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights.  If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual.  You hereby consent to our cooperation in such investigation.  

 

 9.3. Indemnification

 

            Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, representatives, agents, parent, other affiliated companies, suppliers, successors, and assigns from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Personal Account. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

 

9.4 Termination

 

            You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services and / or registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Personal Account, or for any or no reason.  We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). If you violate any of these Terms of Use, your permission to use the Content is automatically terminated and you must immediately destroy any copies you have made of any portion of the Content.

 

 

 

9.5 Severability

 

            If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.

 

9.6 No Waiver

 

            Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.

 

9.7 Assignment

 

            We may assign this Terms of Use at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

 

9.8 Abatement and Suit

 

Violation or breach of any term and provision of these Terms of Use or any of the performance standards, regulations and requirements of the Department of Health (“DOH”) and other concerned government regulatory agencies relevant to public health, safety and general welfare, shall give PurpleBug and its successors or assignee the right to pursue the following remedies:

 

a. To access the Personal Account of the violator and/or cancel its registration and/or access to the site and/or remove or cause the cessation of violative operations of, and to maintain and enforce such abatement, removal or cessation until corrective measures or safeguards have been instituted by the User and accepted as adequate and satisfactory by PurpleBug; and

 

            b. To prosecute a proceeding at law or in equity against the person/s who have violated or are attempting to violate any of the provisions of this Terms of Use or the applicable government standards, regulations or requirements, to enjoin or prevent them from doing so, and to cause said violation to be remedied, and to recover damages for said violation. In the event of the exercise of any of the remedies above, PurpleBug shall not be liable for any damages for such exercise, provided good faith basis existed for such entry, abatement, or application for injunction.

 

9.9  Remedies not Exclusive. 

 

            All remedies provided herein shall be cumulative not exclusive of any and all remedies at law or in equity. All rights not expressly granted herein are reserved to www.mydoctorfinder.com and its licensors.

9.10  Complaints

We hope that you won’t have any complaints about us or our Services.  If you are unhappy with our use of your Personal Information then please contact our customer services department by emailing inquries@mydoctorfinder.com.  You also have the right to complain to your local data protection authority if there is a problem.