Cookies, Privacy and Terms of Service
- Terms & Conditions
- Nature and Applicability of Terms
- Appointment Booking and Interaction with Practitioners
- No Doctor-Patient Relationship not for Emergency Use
- Content Ownership and Copyright; Conditiones of Access
- Reviews and Feedback
- Profile Ownership and Editing Rights
- Ranking Algorithm
- Contach Information Grievance Officer
- Confidential Information
- E-wallet Payment System
- Refund Policy
- Inactive or Dormant Accounts
Terms & Conditions
SeeYouDoc is the author and publisher of the internet resource www.seeyoudoc.com and the mobile application ‘SeeYouDoc’ (together, “Website”). SeeYouDoc owns and operates the services provided through the Website as well as the software and its applications.
1. NATURE AND APPLICABILITY OF TERMS
- The Agreement applies to you whether you are -
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her authorized representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
This Agreement applies to the following services made available by SeeYouDoc on the Website, which are
offered free of charge to the Users (“Services”):
- For Practitioners: Listing of Practitioners and their profiles, Organizations and their activities and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by SeeYouDoc, and (iii) to make appointments with Practitioners.
- The Services and the conditions thereof may change from time to time, at the sole discretion of SeeYouDoc, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
- This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected].
- By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.
- We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in the same way as these Terms and Conditions were made known to you. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.
- You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
- Your access to use of the Website and the Services will be solely at the discretion of SeeYouDoc.
2. APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
- 2.1 While SeeYouDoc will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, SeeYouDoc does not guarantee that a patient will get a confirmed appointment. Further, SeeYouDoc has no liability if such an appointment is confirmed but later canceled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time. SeeYouDoc does not hold itself out as an agent, partner or co-venturer of either the User or the Practitioner and this Agreement is not intended and does not create an agency, partnership, joint venture or any other type of relationship except the such relationships established hereby.
- 2.2 You understand and agree that any interactions and associated issues with other Users including but not limited to personal or sensitive information such as your health issues and your experiences, are strictly between you and the other Users. You shall not hold SeeYouDoc responsible for any such interactions and associated issues. For the avoidance of doubt, SeeYouDoc is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by SeeYouDoc of any such particular Practitioner. SeeYouDoc shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation and profiling prior to selecting a Practitioner aside from any information you may obtain from SeeYouDoc.
Without prejudice to the generality of the above, SeeYouDoc will
not be liable for:
- any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
- cancelling or rescheduling of booked appointment;
- any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
- 2.4 Further, SeeYouDoc shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at SeeYouDoc’s sole discretion and may be modified or withdrawn at its sole discretion. SeeYouDoc may moderate such feedback at any time. SeeYouDoc shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
- 2.5 You understand and agree that no Employer-Employee Relationship exists between SeeYouDoc and doctors. SeeYouDoc is merely an online intermediary providing a platform where Users could meet.
3. LIMITATIONS BETWEEN DOCTORS AND PATIENTS
- 3.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (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 licensed medical professional/patient relationship, between SeeYouDoc and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
- 3.2 It is hereby expressly clarified that, the Information that you obtain or receive from SeeYouDoc, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. 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.
- 3.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), SeeYouDoc advises you to contact an ambulance service or hospital directly or other options as may deem appropriate and necessary.
4. CONTENT OWNERSHIP AND COPYRIGHT; CONDITIONS OF ACCESS
- 4.1 The contents listed on the Website are (i) User generated content, or (ii) belong to SeeYouDoc. The information that is collected by SeeYouDoc directly or indirectly from the Users and the Practitioners shall belong to SeeYouDoc. Copying of the copyrighted content published by SeeYouDoc on the Website for any commercial purpose or for the purpose of earning a profit will be a violation of copyright and SeeYouDoc reserves its rights under applicable law accordingly.
- 4.2 SeeYouDoc authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "SeeYouDoc Content"), are the property of SeeYouDoc and are protected under copyright, trademark and other laws. Users shall not modify the SeeYouDoc Content or reproduce, display, publicly perform, distribute, or otherwise use the SeeYouDoc Content in any way for any public or commercial purpose or for personal gain.
- 4.3 Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
5. REVIEWS AND FEEDBACK
- Obtaining feedback in relation to Website or SeeYouDoc’s services; and/or
- Obtaining feedback in relation to any Practitioners listed on the Website
The terms in this Clause 6 are applicable only to Practitioners.
- 6.1 LISTING POLICY
- 6.1.1 SeeYouDoc, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. By agreeing to these Terms, the Practitioners have given their full consent for the collection of such personal information by SeeYouDoc. SeeYouDoc reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform SeeYouDoc immediately to enable SeeYouDoc to make the necessary amendments. You may also request for the disposal of any of your personal information or data unless required by law, judiciary processes and other grounds for retention pursuant to the Data Privacy Act of 2020, other applicable laws, rules and regulations.
- 6.1.2 SeeYouDoc shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
- 6.1.4 SeeYouDoc reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, SeeYouDoc shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
- 6.1.6 You as a Practitioner hereby represent and warrant that you will use the Services pursuant to laws, rules and regulations. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and SeeYouDoc accepts no liability for the same.
7. PROFILE OWNERSHIP AND EDITING RIGHTS
SeeYouDoc ensures easy access to the Practitioners by providing a tool to update your profile information. SeeYouDoc reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, SeeYouDoc takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using SeeYouDoc’s services and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, SeeYouDoc may modify or delete parts of your profile information at its sole discretion with or without notice to you.
8. RANKING ALGORITHM
SeeYouDoc has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is pure merit driven, a proprietary ranking algorithm which cannot be altered for specific Practitioners. SeeYouDoc shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the Ranking Algorithm.
SeeYouDoc reserves the right to suspend or terminate a User’s
access to the Website and the Services with or without notice and to
exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third-party reports violation of any of its right as a result of your use of the Services;
- SeeYouDoc is unable to verify or authenticate any information provided to SeeYouDoc by a User;
- SeeYouDoc has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- SeeYouDoc believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for SeeYouDoc or are contrary to the interests of the Website.
- 9.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has a continuous backup of any medical services the User has rendered in order to comply with the User’s record-keeping process and practices.
10. CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any questions concerning SeeYouDoc, the Website, this Agreement, the Services, or anything related to any of the foregoing, SeeYouDoc customer support can be reached at the following email address [email protected].
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by SeeYouDoc. Any consent by SeeYouDoc to, or a waiver by SeeYouDoc of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and SeeYouDoc; and
- shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Shopee’s prior written consent.
Users in possession of another User’s personal data through
the use of the Services (the “Receiving Party”) hereby agree that, they
will (i) comply with all applicable personal data protection laws with
respect to any such data; (ii) allow the User whose personal data the
Receiving Party has collected (the “Disclosing Party”) to remove his or
her data so collected from the Receiving Party’s database; and (iii)
allow the Disclosing Party to review what information have been
collected about them by the Receiving Party, in each case of (ii) and
(iii) above, in compliance with and where required by applicable laws.
- 13.3 "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include name, identification number and contact information.
By using the Services, registering for an account with us, visiting
our website, or accessing the Services, you acknowledge and agree
that you accept the practices, requirements, and/or policies outlined in
disclosing and/or processing your personal data as described herein.
- A. COLLECTION OF DATA
- 13.5 We will/may collect personal data about you:
(a) when you register and/or use our Services or Site, or open an account with us;
(b) when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use services;
(c) when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails;
(d) when you use our electronic services, or interact with us via our application or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;
(e) when you carry out transactions through our Services;
(f) when you provide us with feedback or complaints;
(g) when you submit your personal data to us for any reason.The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.
- 13.6 When you visit, use or interact with our mobile application or the Site, we may collect certain information by automated or passive means using a variety of technologies, which technologies may be downloaded to your device and may set or modify settings on your device. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring website (if any), and the pages you visit on our website and mobile applications and the times of visit. We may collect, use, disclose and/or process this information only for the Purposes (defined below).
- 13.7 Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc.. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device's location services, please contact your mobile device service provider or the device manufacturer.
- B. PERSONAL DATA THAT WILL BE COLLECTED
- 13.8 The personal data that Seeyoudoc may collect includes
but is not
- email address;
- date of birth;
- billing address;
- bank account and payment information;
- medical condition/s and history;
- telephone number;
- any other information about the User when the User signs up to use our Services or website, and when the User uses the Services or website, as well as information related to how the User uses our Services or website; and
- aggregate data on content the User engages with.
- 13.9 If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying our Data Protection Officer in writing about it and send it our official email address.
14. CONFIDENTIAL INFORMATION.
As used in this Agreement, Confidential Information shall refer information owned by the Disclosing Party or any of its subsidiaries and affiliates which are related to the Purpose, in whatever form provided, whether electronic, oral, or written, which are known or should be known reasonably by the Recipient to be confidential or proprietary to the Disclosing Party, and its subsidiaries and affiliates, or expressly designated as Confidential Information by the Disclosing Party, whether or not owned or developed by the Disclosing Party, which are not generally known to the Recipient, its personnel, and representatives, and of which the Recipient may obtain knowledge through, or as a result of, the Purpose. The details or existence of discussions related to the Purpose and this Agreement, and the fact that Confidential Information shall be disclosed, shall also constitute Confidential Information.
However, information shall not be considered as Confidential Information if the Recipient can prove with convincing evidence that: (a) the information was available to the public at the time of disclosure to the Recipient; (b) the information became available to the public, except as a result of unauthorized disclosure by the Recipient; (c) the information was lawfully made known to the Recipient by a third party having the full right to disclose; or (d) the information was independently developed by the Recipient or any of its employees to whom no disclosure of Confidential Information was made.
- 14.1 OBLIGATIONS OF THE RECIPIENT
The Recipient, exercising at least the same degree of care as it exercises with respect to its own Confidential Information of a similar nature and importance, shall:
- use the Confidential Information solely and exclusively for the Purpose;
- hold and treat with utmost confidence all Confidential Information received in the course of the discussions for, or carrying out, the Purpose;
- not, directly or indirectly, disclose, reproduce, make copies, distribute, or supply Confidential Information to any third party or to make any press release or dissemination of information through the media, without the prior written approval of the Disclosing Party; and
- make the Confidential Information available and known only to those employees, representatives, consultants, agents, or advisers of the Recipient, including those of the Recipient’s parent company, subsidiaries and affiliates (the “Representatives”) who have a legitimate need to review or evaluate such Confidential Information in relation to the Purpose and who have undertaken, by employment agreement or any other written undertaking, to comply and act consistent with the Recipient’s obligations under this Agreement, as if they were parties herein. The Recipient shall be responsible for the Representatives’ compliance with the obligations and responsibilities imposed under this Agreement.
In the event that the Recipient is obliged to produce Confidential Information due to an order or issuance of a court, government agency, or regulatory authority, the Recipient shall provide the Disclosing Party with a written notice thereof immediately to allow the Disclosing Party to seek the appropriate remedy, if any, or to be given the opportunity to limit the disclosure to the extent legally permissible or to ensure that the Confidential Information will be used only for such purposes stated in the law, regulation, or order requiring the disclosure.
14.2 Restrictions on Use. The Disclosing Party may grant its prior written approval for the use or disclosure of the Confidential Information, in any case other than the Purpose, in its sole discretion and on a case-to-case basis only. The Recipient expressly agrees not to use the Confidential Information to gain or attempt to gain any competitive advantage over the Disclosing Party. If requested by the Disclosing Party, the Recipient shall acknowledge receipt of any Confidential Information by signing receipts, initializing documents, or any other means that the Disclosing Party may reasonably request. All Confidential Information shall be and remain the property of the Disclosing Party, and no right or license is granted to the Recipient with respect to any Confidential Information received pursuant to this Agreement.
14.3 Representations. Each Party represents to the other Party that (a) it has the requisite power, authority, and capacity to comply with its commitments under this Agreement, and it has taken all actions necessary to authorize it to perform its undertakings hereunder; (b) the performance of its responsibilities contemplated under this Agreement does not violate any law, rule, regulation, or any judgment or decree of any court or governmental authority; (c) it is not bound by any obligation or commitment that will prevent it from complying with the terms of this Agreement; and (d) its representative executing this Agreement on its behalf is its duly appointed and acting representative and has the legal capacity required under applicable law to enter into this Agreement and bind it.
The Disclosing Party makes no representation or warranty as to the accuracy or completeness of the Confidential Information and the Recipient agrees that the Disclosing Party shall have no liability to the Recipient resulting from the use of the Confidential Information. The Recipient agrees that it will form its own conclusions as to the reliability of any Confidential Information and any conclusion drawn therefrom.
14.4 Term. The Recipient’s obligations under this Agreement shall be deemed to have commenced from the date of receipt by the Recipient of the Confidential Information and shall continue to take effect for a period of three (3) years from the accomplishment of the Purpose.
14.5 Return of Confidential Information. Upon the accomplishment of the Purpose or upon the Disclosing Party’s request at any time and for any reason, the Recipient will cease having access to, and shall promptly return to the Disclosing Party or permanently and completely dispose, delete, and destroy all copies of the Confidential Information, subject to validation by the Disclosing Party. Within twenty-four (24) hours from receipt of the request, the Recipient will further deliver to the Disclosing Party a written confirmation executed by the Recipient’s duly authorized executive officer indicating that the requirements of this paragraph have been satisfied in full. Notwithstanding the return or destruction of the Confidential Information, the Recipient and its Representatives will continue to be bound by their confidentiality obligations and other undertakings as stated in this Agreement.
15. E-Wallet Payment System.
To provide an easier payment mechanism, the Company, as an additional feature of the platform, shall provide the End-Users with an e-wallet account, which shall be under their control. The End-Users may top up a certain amount of their choice which shall be converted into credits under their respective accounts. Such credits shall be readily available if the End-Users opt to avail the Practitioners’ services.
The topped-up amount shall be paid through any payment gateway or facility engaged by the Company. Any fees to be charged by the payment gateway or facility shall be paid by the End-Users in addition to the Peso equivalent of the amount credited.
16. REFUND POLICY.
The Refund policy of this agreement aims to provide an avenue for the end-user to monetize their unutilized load credits under their respective account in the Platform. Any payments made to SeeYouDoc platform shall be converted to credits and shall always be readily available to Users for payment of Practitioners’ services.
During unutilized credit phase, the Platform may refund the same in favor of the End-user within 15 banking days processing time from receipt of notice, accompanied by receipt or proof of payment, to the Company that the end-user intends to refund the same subject to the deduction of 10% processing fee of the total amount of credit purchased in a given instance or PhP50, whichever is higher, less the applicable charges and fees credited by the payment gateway or facility, if any. However, once the credits or portion thereof are utilized as payment for services, the end-user is estopped from claiming refund directly to the Company since the credits were already debited to the respective e-wallets of the Practitioners.
17. INACTIVE OR DORMANT ACCOUNTS.
The SeeYouDoc Platform will notify End-users that they have an existing Inactive accounts or Dormant accounts. Inactive or Dormant accounts will be classified as such if the End-user did not use his/her credits or online consultation for a period of 12 months. The Company will send the Users of such Inactive or Dormant accounts an Electronic Message notifying them of their options to: (1) Refund in accordance with Section 16 of this Terms and Conditions; (2) Utilize the credits within the period of three (3) months from receipt of notice. Failure to respond within the period of ten (10) days will subject their credits to forfeiture.