MAXICARE eHealth

TERMS AND CONDITIONS FOR MEMBERS

The Maxicare Electronic Healthcare Program (eHealth) collectively refers to the technology-based, innovation-driven, and/or virtually-delivered products, services, and solutions of Maxicare Healthcare Corporation (Maxicare) such as but not limited to, telemedicine & other online/mobile platforms, electronic cards & products, and home-based virtual services & automated solutions, which is part of Maxicare’s effort to ensure care continuity and help establish value based healthcare for its members. You, the User-Member, agree to support and use eHealth in availing Services and Healthcare Solutions from Maxicare and its Healthcare Providers  (the “Services”) and agree for Maxicare to enroll you in its eHealth systems and as they come online.  

For the efficient and effective rendition of the Services, Maxicare has relevant and necessary access and authorization to use several software programs and platforms for the purpose of facilitating the fulfilment of the Services and eHealth, such as this current application (collectively, the “App”) developed by Maxicare or other third party developers (" Third-Party Owner "), Such App may include a browser interface, data encryption, transmission, access and storage, that allows Maxicare to provide and verify required personal information and the Member to request and receive authorizations, among others.

These Terms and Conditions (T&Cs) are intended to govern the participation, access, and use by Members of eHealth, the Services, and/or the App; and shall form part of the agreements with Maxicare and its Representatives, as herein defined. Please review these Terms and Conditions carefully and indicate your agreement by clicking on the corresponding box towards the end of this document. Maxicare reserves the right to modify these Terms and Conditions from time to time without need of prior notice or approval. Members may access the latest version at https://maxicare.com.ph/ehealth-members, and any queries related thereto may be addressed to dpo@maxicare.com.ph.

By participating in, accessing, and/or using eHealth, any of the Services and/or the App, you acknowledge and agree to abide by all the terms and conditions contained herein, and in any other relevant agreement (the  “Agreements” ) executed between you or your Company, and Maxicare, including but not limited to, the privacy and security policies, including any materials available in the App, medical and handling protocols, and reporting rules, which are hereby incorporated by reference, subject to changes and notices by Maxicare. Your signature may no longer be required to manifest your consent herein. All other provisions of the Agreements which are not inconsistent to these Terms and Conditions are deemed applicable and incorporated. In case any conflict arises between the provisions of the Agreements and these Terms and Conditions, the Terms and Conditions shall govern in so far as the conflict involves Maxicare eHealth.

1. Representations & Warranties

1. The User/Member guarantees that all information provided to Maxicare through theApp is true and correct  and shall ensure that the personal information 6 and contact details submitted to the App  are accurate and kept up to date. F alsification of information/Identification, as well as fraudulent or improper use of the App shall be  grounds for termination of the Agreement, without prejudice to any other legal remedies that may be available to Maxicare.

2. The User/Member  agrees and understands that in the course of providing the Services and eHealth to the Member and/or his Dependents, and in enhancing, developing and further improving or augmenting the Services and eHealth, Maxicare and/or the Company shall engage the services of, procure goods and services from, collaborate and/or interact with, other third parties, such as, but not limited to its parent company, affiliated companies, subsidiaries, financial advisors, affiliated third parties and service providers or independent/non-affiliated third parties and service providers, whether local or foreign (collectively referred to as "Representatives").

3. The User/Member agrees and understands  that, at the time of the effectivity of the Agreement and the effectivity of coverage of his membership , Maxicare has obtained from the Member and his Dependents the required consents pursuant to Republic Act No. 10173, otherwise known as  the Data Privacy Act of 2012, including its Implementing Rules and Regulations and other issuances of the National Privacy Commission (collectively, the “Data Privacy Laws”) authorizing Maxicare and its Representatives, the Company and any of their stockholders, directors, officers, employees, agents, brokers or representatives (collectively, the  “authorized representatives”) to:

1. Obtain,  examine, process, collect, record, organize, store, update or modify, retrieve, consult, use, consolidate, block, erase, destroy  or do any operation or set of operations (collectively “process” / “processing”) the Member’s and his Dependent/s’ personal information, including sensitive personal information and privileged information, medical records, or any other information or material, i.e., picture, video and voice recording, fingerprints, CCTV and etc.,  (collectively “personal data”) relative to the Member and his Dependents’ application and membership with Maxicare, availment of the Services and eHealth, hospitalization, consultation, and treatment or any medical advice in connection with the benefit/claim availed under the Agreement, as may be deemed necessary by Maxicare. Except as otherwise stated in these T&Cs, any personal data obtained relative to the authority herein given shall be kept strictly confidential. The extent of the processing of the Personal Data shall be limited to what is necessary, appropriate or incidental to the performance of the Services and eHealth contemplated in the Agreement and these T&Cs.

2. Process and disclose such Personal Data to Maxicare and its Representatives, the Company , and their authorized representatives as well as relevant government agencies in compliance with the Republic Act No. 11223 otherwise known as the “Universal Health Care Act”,  its Implementing Rules and Regulations, Republic Act No. 11332 otherwise known as the “ Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act” and other relevant issuances of the Department of Health and/or Philippine Health Insurance Corporation, and any amendments to such laws, rules, regulations and issuances for any legitimate business purpose as Maxicare may deem app ropriate, including but not limited to outsourced processing of Maxicare transactions, billing of co-pay arrangements or Administrative Services Only (ASO), lifestyle and rewards partners/providers, profiling or historical statistical analysis, providing advice or information which Maxicare,its Representatives and their authorized representatives believe may be of interest to the User/Member or the Company, to effectively administer or manage my account, enhance customer services, or to communicate with such User-Member for any marketing purposes.

. For clarity, processing would include both manual and automated handling, storage and transfer of personal data using various means and methods whether physical  or electronic (via information and communications systems employed by Maxicare and its Representatives).

4. The Processing contemplated in these T&Cs shall be without prejudice to, and shall at all times take into account and uphold the rights of User/Member as a Data Subject, as provided under the Data Privacy Laws, such as but not limited to the right to be informed, to object, access, complain, and rectify, to request for filtering of certain information, and to the corresponding damages in case of violation of your rights within the corresponding limitations as set forth in the Data Privacy Laws.

5. The User/Member  hereby provides his unconditional consent to the matters specified herein; and Maxicare shall have all the right to rely on such consent, including the representation by the User/Member that this consent shall have been duly and timely obtained prior to use of the App. 

2. Terms of Use

6. Privacy & Security Policies.  The use of this App  shall be governed by such privacy and security policies which are adopted by Maxicare and the Third-Party Owner from time to time, whether such privacy and security policies are contained in theApp , in the agreements and/or respective websites. Maxicare and the Third-Party Owner reserve the right to modify, alter or amend the privacy and security policies without need of prior notice or approval of the User/Member.

7. User/Member Information and Data.  The User/Member  shall be directly and solely responsible for the accuracy, quality, integrity, legality, reliability and/or appropriateness of all the data, information or material that it will submit to the App, including Personal Data, (the "User/Member Data "). In this regard, it is understood that Maxicare and the Third-Party Owner shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any [of] the User/Member's Data arising from the use of this App . Maxicare and the Third-Party Owner further reserve the right to withhold, remove and/or discard User/Member's  Data without need of notice whatsoever to the User/Member in case of breach of any of the terms hereof, the Agreement, including non-payment of the relevant fees/charges provided for herein. Upon termination for cause, the User/Member’s right to access or use User/Member's  Data submitted to the App immediately ceases, and Maxicare and the Third-Party Owner shall have no obligation to maintain or forward any User/Member's  Data to the User/Member.

8. Security Breach . When the User/Member knows or reasonably suspects that an Information Security Breach has affected the Personal Data or User/Member Data provided, User/Member shall promptly notify Maxicare [in any case within the later of 24 hours or one (1) calendar day following such discovery] and cooperate with Maxicare in any post-breach/incident investigation, notification requirement, or remediation efforts. The notification shall, at the minimum, describe the nature of the breach or incident, effects thereof, the Personal Data or User/Member Data possibly involved, affected or compromised; and the measures taken by the User/Members to address the incident or remediate the breach. It shall also include measures taken to reduce the harm or negative consequences of the breach or the security incident.

User/Member may contact our Data Privacy Officer thru the following contact details:

Data Protection Officer : Mr. Jose Michael Tagle, CISM, DPO[TuV]

Telephone no: (02) 8908-6989

Email address: dpo@maxicare.com.ph

9. Free and Harmless. The User/Member  shall hold Maxicare, the Third-Party Owner and their Representatives and authorized representatives, free and harmless from and against any and all suits or claims, actions, or proceedings, damages, costs and expenses, including attorney’s fees, which may be filed, charged or adjudged against said entities and persons in connection with or arising from the breach of these T&Cs by the Member/User or the Member/User Account.

10. Other Related Programs subject toOpt-Out. The consent herein granted by the User/Member upon clicking on the “I agree” button and/or use of the App, shall be understood to include the agreement of the User/Member to be  part of  or become a participant in any related health and digital programs of Maxicare, now existing or otherwise, provided such programs are related to, connected with or in support of the Services, eHealth or the App, including  agreement to receive marketing promotions thru the contact details provided herein, subject to the User/Member’s right to hereinafter opt-out from any specific related program as the User/Member may deem appropriate through the opt-out links provided in a particular email, or via the website providing such specific program, generally found in https://forms.gle/Pmz73DWFba6R1ReMA

3. Disclaimer of Warranties

1. Maxicare and the Third-Party Owner, including their licensors, if applicable, make no representation, warranty or guarantee  as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the the App, and any if its features, functionalities, interfaces, and services, or the contents thereof, and likewise make no representation or warranty on the following:

1. that the use of the App, or any of its features, functionalities, interfaces, and services will be secured, timely, uninterrupted or error-free or shall operate in combination with any other hardware, software, system or date;
2. the   App, and any of its features, functionalities, interfaces, and services will meet the User/Member ’s requirements or expectations;
3. any stored data will be accurate or reliable;
4. the quality of any products, services, information or other material purchased or obtained by the User/Member  through the App, and any of its features, functionalities, interfaces, and services will meet User/Member’s requirements or expectations;
5. errors or defects will be corrected; or
6. the App, and any of its features, functionalities, interfaces, and services, as well as the platform, systems and servers that make the App, and any of its features, functionalities, interfaces, and services available are free of viruses or other harmful components.

The App, or any of its features, functionalities, interfaces, and services, and all contents are provided to the User/Member strictly on an "as is" basis. All conditions, representations and warranties, whether express or implied (such as but not limited to any implied warranties as to fitness for any particular purpose, or non-infringement of third party rights), are hereby disclaimed by Maxicare and by the Third Party-Owner and their licensors, if applicable, to the maximum extent permitted by law. 

2. Maxicare shall not be liable for any loss or damage of whatever nature in connection with the implementation of transactions covered by these T&Cs in the following instances:

1. Disruption, failure or delay which are due to circumstances beyond the control of Maxicare, fortuitous events such as but not limited to prolonged power outages, breakdown in computers and communication facilities, typhoons, public disturbances and calamities, and other similar or related cases;
2. Loss or damage that User/Member may suffer due to theft or unauthorized use of the Member/User Account’s passwords, personal data, or violation of other security measures with or without the User/Member Account’s participation; and
3. Inaccurate, incomplete or delayed information received by the User/Member due to disruption or failure of any communication facilities.

3. Limitation of Liability.  In no event shall Maxicare and the Third-Party Owner's aggregate liability exceed the amount actually paid by and/or due from the User/Member in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall Maxicare and the Third-Party Owner and/or their licensors be liable to anyone for any indirect, punitive, special, exemplary or other damages of any type (due to loss of data) arising out of or in connection with the Services, the   App, including any of its features, functionalities, interfaces, services  and the Contents including the use or inability to use the App, or for any content obtained from or through the App, , any interruption, inaccuracy, error or omission, regardless of any cause, even if Maxicare and the Third-Party Owner or their licensors have been previously advised of the possibility of such damages.

4. Notice

Maxicare and the Third-Party Owner may give notice by any of the following means

1. general notice in the App,
2. electronic mail to User/Member’s e-mail address as recorded in Maxicare and the Third-Party Owner's account information, or
3. by written communication sent by first class mail or pre-paid post to User/Member’s address on record in Maxicare and Third-Party Owner's account information.

5. Miscellaneous Provisions

1. Amendments.   Maxicare and the Third-Party Owner reserve the right to modify these T&Cs or their policies relating to the App, the Services, eHealth, and the Content at any time, effective upon posting of an updated version of theT&Cs. The User/Member  shall be responsible for regularly reviewing the T&Cs and if its amendment or modification. Continued use of the App, participation in or availment of any of the Services or eHealth,  after any such changes shall constitute the User/Member’s and his Account’s consent to such changes.  

2. Attorney’s Fees and Cost of Litigation.  In the event of any legal action or other proceeding brought to enforce the Agreement and these T&Cs, Maxicare shall be entitled to reasonable attorney’s fees and other costs incurred during that proceeding in addition to any other relief to which it is entitled. Maxicare shall be entitled to collect Two Hundred Thousand Pesos (P200,000.00) as minimum damages, in addition to any other damages which it may be entitled under the Agreement and under the law, and attorney's fees in the minimum amount of One Hundred Thousand Pesos (P100,000.00) in the event that it shall be constrained to engage the services of counsel to prosecute its claim.

3. Governing Law and Venue.  These T&Cs shall be governed by the laws of the Republic of the Philippines, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these T&Cs, the relevant contracts and agreements or the Services shall be subject to the exclusive jurisdiction of the proper courts of Makati City, to the exclusion of other courts.

4. Unenforceable Provisions.   If any provision of these T&Cs is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

5. Failure to Enforce.   The failure of Maxicare and Third-Party Owner to enforce any right or provision in these T&Cs shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Maxicare and Third-Party Owner in writing.

6. Relationship.  No joint venture, partnership, employment, or agency relationship exists between the User/Member and Maxicare, as well as between Maxicare and the Third-Party Owner as a result of these T&Cs or use of the App.

7. Complete Agreement.  These T&Cs and the relevant contracts and agreements comprise the entire agreement between the User/Member and Maxicare, as well as between User/Member and Third-Party Owner (thru Maxicare), and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 

*The Terms and Conditions are subject to change.  User/Member may address any queries related to these T&Cs to dpo@maxicare.com.ph.