TERMS OF USE – DIMA HEALTH WEBSITE

Introduction

These terms of use (“Terms”) describe your rights and responsibilities with regard to the Dima Health website (“Site”) and mobile application (“App”) (Site and App collectively, the “Platform”), as well as those products and services provided on, through or in relation to the Platform (“Offerings”) owned and operated by Dima Health Technology, Incorporated.

The Terms are made and entered into by and between you and any person helping you visit, access, register, and/or use the Platform (collectively, “you” or “your”), and Dima Health Technology, Incorporated (“Dima” or “we” or “our”). You and Dima are sometimes referred to herein each as a “Party” and together as the “Parties.”

Please read the following Terms carefully before accessing or using the Platform because by accessing and/or using the Platform, you hereby agree to be bound by these Terms, which establish a contractual relationship between you and Dima.

If you do not accept and agree to the Terms in its entirety, then you are strictly prohibited from visiting, accessing, registering with, and/or using the Platform.

Modification of the Terms

Dima reserves the right to supplement, amend or otherwise modify the Terms, in whole or in part, at any time. It is your responsibility to carefully review the Terms each time you visit, access, register with or use the Platform.

You may be required to express their acceptance to the changes in the Terms. Your continued use after a change has been posted shall also constitute as your acceptance of the changes.

Eligibility

The Platform is offered only to users who have accepted the Terms. This platform also cannot provide prescriptions to minors or those under the age of 18.

By visiting, accessing, registering with or using the Platform, or by purchasing or using any Offerings through the Platform, you represent and warrant to Dima that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Platform and for purchasing any Offerings through the Platform, and you may only use them for lawful purposes.

Privacy

Dima respects your privacy and the use and protection of your personal information. Dima’s policies concerning the collection and use of your personal information in connection with the Platform are set forth in the Privacy Policy, which you should carefully review each time you visit, access or use the Platform.

Registration, User Accounts, and User Data

Although certain parts of the Platform are accessible by any individual, you are obligated to register with Dima in order to access our Offerings.  The Offerings are available only to users who have registered with Dima and to other persons affiliated with Dima who has been granted accounts with usernames and passwords (“Secure Users”).

If you are a Secure User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to Dima. If you do not maintain such information, or Dima has reasonable grounds to suspect as much, Dima has the right to suspend or terminate your account and your use of the Platform.

You also agree to immediately notify Dima of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Offerings, by emailing Dima at support@dima.ph. Dima may take any and all actions it deems necessary or reasonable to maintain the security of the Platform, Offerings, and your Secure User account.

You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised.  You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time.

Dima explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

You acknowledge and agree that: (1) all or any part of the Platform may not be accessible at any time, for any period, or for any reason; and (2) Dima will not be liable if for any reason all or any part of the Platform are unavailable at any time or for any period.

Access Rights and Prohibited Use

Subject to your compliance with the Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Platform and to use the Offerings solely for your personal and non-commercial use and only as permitted under the Terms, and the Privacy Policy.

No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by Dima.

We reserve the right, in our sole discretion, to deny or suspend the use of the Platform or Offerings to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform or Offerings to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Platform; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property; (e) access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform, Offerings or related materials in any way; (g) use or access the Platform to create or develop competing products or services or for any other purpose that is to Dima’s detriment or commercial disadvantage; (h) take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Platform or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Dima or any of our service providers to protect the Platform; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform or any content made available to you on or through the Terms; (l) use any manual process or automated device to monitor or copy any content made available on or through the Platform for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Dima or third-party content from the Platform; (n) otherwise use the Platform in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

Disclaimer; Limited Health Care Services

The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis, or treatment.

Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.

Special Consent to Telehealth Services

Telehealth or telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a medical provider and a patient who is not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up, and/or patient education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and a medical provider;
  • Interactions between a patient and medical provider via audio, video, and/or asynchronous data communications; and
  • Use of output data from medical devices, sound, and video files.

By registering as a Secure User and accessing the Health Care Services, you acknowledge and agree to this Telehealth Services and a record of such acknowledgment will be retained in the medical record of the medical provider and professional entity providing such Health Care Services.

Health Care Services shall be understood as the Doctor’s act, in his or her independent professional judgment, of determining whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources.

Payment

You agree to pay all fees due for Offerings requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have.  By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You may also pay through cash-on-delivery and bills payment (online banking or over-the-counter).

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Dima may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Dima collects on their behalf. Any health care services or pharmacy services not made available through the Platform are not included in the payments collected by Dima and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Dima, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Dima and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

Intellectual Property

As between Dima and you, Dima is the sole and exclusive owner of all right, title. and interest in and to the Platform and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by Dima, including all intellectual property rights therein.

Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, services marks, or logos (“Trademarks”) of Dima or our affiliates. You are not authorized to use any such Trademarks without the express written permission of Dima or our affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with Dimas or our affiliates.

Links to Third-Party Hyperlinks and Website

The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under Dima’s control; therefore, Dima is not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Dima is providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and Dima is not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with the use of or reliance on information contained in or provided to Linked Sites.

You may have arrived at the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary, or affiliate of Dima. You understand and agree that Dima is not responsible for the information, products, or services described on those Linked Sites and only these Terms will apply to your use of or access to the Platform.

Disclaimer of Warranties

You expressly agree that use of the Platform is at your sole risk. You acknowledge and agree that the sites and any Offerings are provided through the Platform on an “as is” and “as available” basis. Dima and our affiliates, including without limitation all affiliated professional entities, and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the Platform and Offerings including, but not limited to, any representations or warranties with respect to merchantability, fitness for a particular use or purpose, non-infringement, title, availability, security, operability, condition, quiet enjoyment, value, the accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. Dima makes no warranties or representations that your use of the Platform or Offerings will not infringe the rights of third parties.

To the fullest extent of applicable law, neither Dima nor its related persons will be liable for any loss or damage caused by your reliance on information obtained through the Platform.  It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability, or usefulness of the sites. Furthermore, Dima does not guarantee that the sites will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber-attack, viruses, interference, hacking, malware, or other security intrusions, and Dima disclaims any liability relating thereto.

You understand and agree that any content, material, and/or information obtained through the use of the Platform is used at your sole risk and that you will be solely responsible for any damage to your computer or mobile phone or loss of data that results from the download of such content, material and/or information.

Neither will Dima be liable for the use of the Platform for availment of Offerings that violate these Terms. It is your duty to ensure that your availment of the Offerings via the Platform is within the parameters set by these Terms.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law and except as set forth in this section, neither Dima nor its related persons will be liable to you or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence), contract, strict liability or otherwise, including, but not limited to, any indirect, punitive, special, incidental, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer or mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access, use of (or inability to use) the Platform or any Offerings provided through the Platform. This is true even if Dima or related persons have been advised of the possibility of such damages or losses.

To the extent permitted by law and subject to this section, the total liability of Dima and our related persons for any claims under these terms shall not exceed Php 5,000.00 or the amount of damages suffered by you, whichever is lower.

Indemnification

You agree to indemnify, defend, and hold Dima and any of our related persons, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of the Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

Suspension and Termination Rights

The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.

We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law and Venue.

Subject to applicable law, Dima reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, Dima will have no further obligation to provide its services, except to the extent Dima is obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.

Non-Waiver of Rights

Failure, omission, or delay on the part of Dima to exercise its rights or remedies under these Terms shall not operate as a waiver of rights.

Separability

If any clause or part of a clause of these Terms shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other clauses or parts of such clauses of these Terms, all of which shall remain in full force and effect.

Governing Law and Venue

These Terms shall be governed by the laws of the Republic of the Philippines and in the event of any suit arising from or in connection with these Terms, the appropriate court in Makati City shall have exclusive jurisdiction over the case to the exclusion of all other courts.