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Keralty Corporate TeleHealth Terms and Conditions

By using Keralty Corporate TeleHealth service, the user, unconditionally agrees to the Terms and Conditions of this Service (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use Keralty Corporate TeleHealth. This Agreement is between the user and Metro Sanitas Corporation. Keralty Corporate TeleHealth is performed only by licensed physicians. The medical services provided to you are in compliance with any and all requirements applicable to the physician in the exercise of his / her profession. Keralty Corporate TeleHealth is not for medical emergencies or urgent situations. If you have an emergency, please go to the nearest hospital in your area and seek immediate assistance from medical emergency personnel. The services provided by the Licensed Physicians are not intended to substitute or replace a professional face to face medical consultation. You acknowledge that you have read, understood, and accept all terms and conditions in this Agreement and those that are contained in the METRO SANITAS CORPORATION Data Privacy Policy, which shall form an integral part of this Agreement.

1. The Customer and the User: Keralty Corporate TeleHealth is offered only to legally stablished corporations with at least five employees (the “Customer”). Keralty Corporate TeleHealth service is intended to be used by the employees, or their dependents, (the Users) of customers with an existing Keralty Corporate TeleHealth Service Agreement signed with METRO SANITAS CORPORATION. To use this service, you should be enrolled in the service agreement contract signed between your employer, or that of your dependee.

2. Keralty Corporate TeleHealth Service: The service consists in offering the user unlimited TeleHealth consultation with a Primary Care Physician during the contracted period. To avail the service, you must have an equipment and internet connection that allows you to access the internet, including the use of a video call platform. During the availment of the service, patients may be referred by the doctor to specialty consultation or other medical service, cost of which is not covered by Keralty Corporate TeleHealth Service.   

3. Service availability: Keralty Corporate TeleHealth is available during the schedule indicated on the online booking form. METRO SANITAS CORPORATION reserves the right to change the number of hours or its schedule, but will not be lower than what has already been agreed by both parties on the Service Agreement.

3. Age and Capacity. You represent and warrant that you are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use Keralty Corporate TeleHealth service. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not use Keralty Corporate TeleHealth. If you are acting on behalf of your dependent, you represent and warrant that you are authorized to act for and on behalf of, and to bind such dependent. You also warrant that you have fully informed the dependent you are representing and that he or she has fully understood, consented, and accepted these Terms and Conditions. Upon METRO SANITAS CORPORATION’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your dependent and (b) the consent and acceptance of this Agreement by him/her.

4. Booking the Service, Personal Information and Medical History. You must submit a booking appointment order through Keralty Corporate TeleHealth online form to use the service. During the ordering process and the use of Keralty Corporate TeleHealth, you will be required to provide certain personal information, including your name, address, phone number, and sensitive personal information such as, but not limited to, personal, medical or health information. It is your sole responsibility to update METRO SANITAS CORPORATION of changes to your Personal Data so that all your records are current, complete and accurate and such changes shall form part of your personal information. By using Keralty Corporate TeleHealth, you agree to disclose the contents of your personal information, including sensitive personal information, to the Licensed Physicians. METRO SANITAS CORPORATION’s retention and use of all personal information shall be subject to METRO SANITAS CORPORATION’s Data Privacy Terms posted on www.keralty.com.ph. You warrant that you have read and understood METRO SANITAS CORPORATION’s Data Privacy Terms, and consent to the collection and processing of your personal information, as detailed therein, for access and use by the Licensed Physicians. If you are acting on behalf of your dependent, you warrant that you are authorized to act for and have obtained the consent to the collection and/or processing of his/her personal information prior to sharing any of his/her personal information with us. You also warrant that you have fully informed him/her and that he/she has fully understood, consented, and accepted the METRO SANITAS CORPORATION Data Privacy Terms. Access to and use of Keralty Corporate TeleHealth is limited to users living in the Philippines.

5. Price and Payment.  Payment of Keralty Corporate TeleHealth service will be done by the corporate customer under the terms agreed on the signed Keralty TeleHealth Service Agreement and will cover the usage of the service done by the employees, or dependents of those, enrolled on the program by the customer. The payment only includes the medical advice service. The telephone or internet service provider you use may charge you an additional cost for the call or the internet connection. In case, for whatever reason, a TeleHealth consultation service finally could not be delivered, the user is advised to set another booking to avail of the service. METRO SANITAS CORPORATION will do whatever it is under his control to deliver the undelivered service the soonest.

6. Limitations on Use and Disclaimer of Warranties. You acknowledge that your use of the service is at your sole risk, and that you assume full responsibility for all risks associated therewith. METRO SANITAS CORPORATION provides Keralty Corporate TeleHealth on an "as is" and “as available” basis, without any warranty whatsoever, whether express or implied. METRO SANITAS CORPORATION makes no express warranties or guarantees about Keralty Corporate TeleHealth. To the extent permitted by law, METRO SANITAS CORPORATION disclaims implied warranties, including any warranty that the service is or will be of satisfactory quality, accurate or timely. METRO SANITAS CORPORATION does not guarantee that Keralty Corporate TeleHealth or its information or content will meet your requirements, is error-free, reliable, accurate, timely, useful, adequate, complete or suitable, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by METRO SANITAS CORPORATION. METRO SANITAS CORPORATION is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. You understand and agree to assume the potential risks associated with the use of Keralty Corporate TeleHealth, such as but not limited to the following:

(a) In some instances, the information you have provided may not be sufficient for the Licensed Physician to provide the appropriate medical advice;

(b) Delays in assessment and advice could occur due to failure of the telecommunication and electronic systems;

(c) In some instances, your failure to provide accurate and/or complete medical information to the Licensed Physician may result in adverse drug reactions or allergic reactions or other judgment errors;

 (d) You may expect the anticipated benefits from the use of healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.

(e) Your Licensed Physician, in his or her sole discretion and professional judgment, may determine that his/her healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his or her healthcare services to you through Keralty Corporate TeleHealth.

(f) Temporary interruptions in service may occur in connection with use of Keralty Corporate TeleHealth.

You acknowledge and agree that METRO SANITAS CORPORATION is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall METRO SANITAS CORPORATION be responsible for electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur (regardless of the matter, media, material or form thereof), incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information (regardless of the matter, media, information or form thereof), technical failures of any kind, inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise. Nothing in Keralty Corporate TeleHealth is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by METRO SANITAS CORPORATION. The Licensed Physicians may not be employees of METRO SANITAS CORPORATION and are directly responsible for the quality and appropriateness of the care they render directly to you. METRO SANITAS CORPORATION disclaims all liabilities for the acts or omissions of any provider providing health or medical care to customers of Keralty Corporate TeleHealth. METRO SANITAS CORPORATION makes no representation or warranty as to the content of any treatment response from any Licensed Physician. You and the Licensed Physician are solely responsible for all information or communication exchanged during a Keralty Corporate TeleHealth session. METRO SANITAS CORPORATION does not guarantee that a Keralty Corporate TeleHealth session through phone call or video call is the appropriate course of treatment for your particular health care problem or concern. METRO SANITAS CORPORATION will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while METRO SANITAS CORPORATION may perform regular back-ups of all data stored, METRO SANITAS CORPORATION shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of Keralty Corporate TeleHealth.

7. Limitation of Liability. If you choose to use Keralty Corporate TeleHealth, you must do so at your own risk. Under no circumstance will METRO SANITAS CORPORATION be liable to you for, and you hereby knowingly and voluntarily release METRO SANITAS CORPORATION from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of Keralty Corporate TeleHealth , your inability to use Keralty Corporate TeleHealth irrespective of the cause of that inability, any delay in or interruption of your use of Keralty Corporate TeleHealth regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to METRO SANITAS CORPORATION via Keralty Corporate TeleHealth, or transmitted by METRO SANITAS CORPORATION to you by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to METRO SANITAS CORPORATION in connection with Keralty Corporate TeleHealth, or any other act, omission, matter or thing whatsoever having to do with Keralty Corporate TeleHealth.

8. Indemnification. You agree to defend, indemnify, and hold harmless METRO SANITAS CORPORATION from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of Keralty Corporate TeleHealth , your breach of this Agreement, the relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to METRO SANITAS CORPORATION, any License Physician, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

9. Force Majeure. METRO SANITAS CORPORATION shall not be liable for any damage, claims, liabilities, losses, costs and expenses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond METRO SANITAS CORPORATION's reasonable control.

10. Term and Termination. From the date established in the Service Agreement signed by the customer and METRO SANITAS CORPORATION and during the period also established in the same agreement, you are allowed to use Keralty Corporate TeleHealth service as indicated in this terms and conditions. The breach of this Agreement by you or the customer, including non-payment of the service, will result automatically in the immediate termination of this Agreement by METRO SANITAS CORPORATION, without prejudice to METRO SANITAS CORPORATION's available remedies under Law. METRO SANITAS CORPORATION reserves the right to terminate your use of Keralty Corporate TeleHealth if you, or the customer who enrolled you on the service, breach this Agreement or for any other reason in METRO SANITAS CORPORATION’s discretion. It is agreed and understood that prior resort to arbitration is not required for the above automatic and immediate termination of this Agreement. You waive any right to insist on prior resort to arbitration to the fullest extent allowed under applicable law. If you dispute or question such termination, you agree that pending determination of the validity or effectivity of the termination, METRO SANITAS CORPORATION’s obligations under the Agreement, except those which are intended to survive the termination or expiration of the Agreement, shall be deemed suspended. You further understand that you will shoulder all costs of the proceedings, including attorney’s fees, should the termination be found to be proper. The provisions on Indemnification, Limitation of Liability and the Data Privacy Policy stated herein shall survive the termination of this Agreement.

11. Notices. Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to Keralty Corporate TeleHealth. Any written notices or other communications to METRO SANITAS CORPORATION will be addressed and sent to Metro Sanitas Corporation, MegaClinic, 5F Building A, SM Megamall, Bank Drive corner Doña Julia Vargas, Ortigas Business Center, Mandaluyong City, Metro Manila.

12. Relationship and No Thirty Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and METRO SANITAS CORPORATION. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement on any person other than you and METRO SANITAS CORPORATION.

13. No Waiver. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives his rights under this Agreement.

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

15. Changes to the Terms of Use. METRO SANITAS CORPORATION may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on Keralty Corporate TeleHealth 's “Terms and Conditions” link on the Site (www.keralty.com.ph). If you continue to use Keralty Corporate TeleHealth after METRO SANITAS CORPORATION makes changes to the provisions of this Agreement, you are signifying your acceptance of the revised Agreement. You are responsible for checking these terms and conditions periodically for any changes.

16. Separability. If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any Law, such provision to the extent possible shall be interpreted in such a manner to comply with such Law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.

17. Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in the Philippines by a panel of three (3) arbitrators in accordance with the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary in connection with this Agreement, the parties may seek appropriate relief before the courts of Makati City to the exclusion of other venues.

 

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Keralty Corporate TeleHealth Terms and Conditions

By using Keralty Corporate TeleHealth service, the user, unconditionally agrees to the Terms and Conditions of this Service (this “Agreement”). If you do not agree to this Agreement, you are not authorized to use Keralty Corporate TeleHealth. This Agreement is between the user and Metro Sanitas Corporation. Keralty Corporate TeleHealth is performed only by licensed physicians. The medical services provided to you are in compliance with any and all requirements applicable to the physician in the exercise of his / her profession. Keralty Corporate TeleHealth is not for medical emergencies or urgent situations. If you have an emergency, please go to the nearest hospital in your area and seek immediate assistance from medical emergency personnel. The services provided by the Licensed Physicians are not intended to substitute or replace a professional face to face medical consultation. You acknowledge that you have read, understood, and accept all terms and conditions in this Agreement and those that are contained in the METRO SANITAS CORPORATION Data Privacy Policy, which shall form an integral part of this Agreement.

1. The Customer and the User: Keralty Corporate TeleHealth is offered only to legally stablished corporations with at least five employees (the “Customer”). Keralty Corporate TeleHealth service is intended to be used by the employees, or their dependents, (the Users) of customers with an existing Keralty Corporate TeleHealth Service Agreement signed with METRO SANITAS CORPORATION. To use this service, you should be enrolled in the service agreement contract signed between your employer, or that of your dependee.

2. Keralty Corporate TeleHealth Service: The service consists in offering the user unlimited TeleHealth consultation with a Primary Care Physician during the contracted period. To avail the service, you must have an equipment and internet connection that allows you to access the internet, including the use of a video call platform. During the availment of the service, patients may be referred by the doctor to specialty consultation or other medical service, cost of which is not covered by Keralty Corporate TeleHealth Service.   

3. Service availability: Keralty Corporate TeleHealth is available during the schedule indicated on the online booking form. METRO SANITAS CORPORATION reserves the right to change the number of hours or its schedule, but will not be lower than what has already been agreed by both parties on the Service Agreement.

3. Age and Capacity. You represent and warrant that you are at least eighteen (18) years of age, and have the capacity to bind yourself contractually to this Agreement and to use Keralty Corporate TeleHealth service. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not use Keralty Corporate TeleHealth. If you are acting on behalf of your dependent, you represent and warrant that you are authorized to act for and on behalf of, and to bind such dependent. You also warrant that you have fully informed the dependent you are representing and that he or she has fully understood, consented, and accepted these Terms and Conditions. Upon METRO SANITAS CORPORATION’s request, you will provide us with written proof of (a) your specific authorization to act on behalf of your dependent and (b) the consent and acceptance of this Agreement by him/her.

4. Booking the Service, Personal Information and Medical History. You must submit a booking appointment order through Keralty Corporate TeleHealth online form to use the service. During the ordering process and the use of Keralty Corporate TeleHealth, you will be required to provide certain personal information, including your name, address, phone number, and sensitive personal information such as, but not limited to, personal, medical or health information. It is your sole responsibility to update METRO SANITAS CORPORATION of changes to your Personal Data so that all your records are current, complete and accurate and such changes shall form part of your personal information. By using Keralty Corporate TeleHealth, you agree to disclose the contents of your personal information, including sensitive personal information, to the Licensed Physicians. METRO SANITAS CORPORATION’s retention and use of all personal information shall be subject to METRO SANITAS CORPORATION’s Data Privacy Terms posted on www.keralty.com.ph. You warrant that you have read and understood METRO SANITAS CORPORATION’s Data Privacy Terms, and consent to the collection and processing of your personal information, as detailed therein, for access and use by the Licensed Physicians. If you are acting on behalf of your dependent, you warrant that you are authorized to act for and have obtained the consent to the collection and/or processing of his/her personal information prior to sharing any of his/her personal information with us. You also warrant that you have fully informed him/her and that he/she has fully understood, consented, and accepted the METRO SANITAS CORPORATION Data Privacy Terms. Access to and use of Keralty Corporate TeleHealth is limited to users living in the Philippines.

5. Price and Payment.  Payment of Keralty Corporate TeleHealth service will be done by the corporate customer under the terms agreed on the signed Keralty TeleHealth Service Agreement and will cover the usage of the service done by the employees, or dependents of those, enrolled on the program by the customer. The payment only includes the medical advice service. The telephone or internet service provider you use may charge you an additional cost for the call or the internet connection. In case, for whatever reason, a TeleHealth consultation service finally could not be delivered, the user is advised to set another booking to avail of the service. METRO SANITAS CORPORATION will do whatever it is under his control to deliver the undelivered service the soonest.

6. Limitations on Use and Disclaimer of Warranties. You acknowledge that your use of the service is at your sole risk, and that you assume full responsibility for all risks associated therewith. METRO SANITAS CORPORATION provides Keralty Corporate TeleHealth on an "as is" and “as available” basis, without any warranty whatsoever, whether express or implied. METRO SANITAS CORPORATION makes no express warranties or guarantees about Keralty Corporate TeleHealth. To the extent permitted by law, METRO SANITAS CORPORATION disclaims implied warranties, including any warranty that the service is or will be of satisfactory quality, accurate or timely. METRO SANITAS CORPORATION does not guarantee that Keralty Corporate TeleHealth or its information or content will meet your requirements, is error-free, reliable, accurate, timely, useful, adequate, complete or suitable, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by METRO SANITAS CORPORATION. METRO SANITAS CORPORATION is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. You understand and agree to assume the potential risks associated with the use of Keralty Corporate TeleHealth, such as but not limited to the following:

(a) In some instances, the information you have provided may not be sufficient for the Licensed Physician to provide the appropriate medical advice;

(b) Delays in assessment and advice could occur due to failure of the telecommunication and electronic systems;

(c) In some instances, your failure to provide accurate and/or complete medical information to the Licensed Physician may result in adverse drug reactions or allergic reactions or other judgment errors;

 (d) You may expect the anticipated benefits from the use of healthcare services provided by the Licensed Physicians, but that no results can be guaranteed or assured.

(e) Your Licensed Physician, in his or her sole discretion and professional judgment, may determine that his/her healthcare services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his or her healthcare services to you through Keralty Corporate TeleHealth.

(f) Temporary interruptions in service may occur in connection with use of Keralty Corporate TeleHealth.

You acknowledge and agree that METRO SANITAS CORPORATION is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall METRO SANITAS CORPORATION be responsible for electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur (regardless of the matter, media, material or form thereof), incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information (regardless of the matter, media, information or form thereof), technical failures of any kind, inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise. Nothing in Keralty Corporate TeleHealth is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by METRO SANITAS CORPORATION. The Licensed Physicians may not be employees of METRO SANITAS CORPORATION and are directly responsible for the quality and appropriateness of the care they render directly to you. METRO SANITAS CORPORATION disclaims all liabilities for the acts or omissions of any provider providing health or medical care to customers of Keralty Corporate TeleHealth. METRO SANITAS CORPORATION makes no representation or warranty as to the content of any treatment response from any Licensed Physician. You and the Licensed Physician are solely responsible for all information or communication exchanged during a Keralty Corporate TeleHealth session. METRO SANITAS CORPORATION does not guarantee that a Keralty Corporate TeleHealth session through phone call or video call is the appropriate course of treatment for your particular health care problem or concern. METRO SANITAS CORPORATION will take commercially reasonable precautions to protect against failure of our equipment and software. You acknowledge and agree that, while METRO SANITAS CORPORATION may perform regular back-ups of all data stored, METRO SANITAS CORPORATION shall have no liability to you in the event all data is lost or destroyed. You acknowledge and agree that in the event of restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of Keralty Corporate TeleHealth.

7. Limitation of Liability. If you choose to use Keralty Corporate TeleHealth, you must do so at your own risk. Under no circumstance will METRO SANITAS CORPORATION be liable to you for, and you hereby knowingly and voluntarily release METRO SANITAS CORPORATION from, any claim relating to any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or moral damages, loss of profits, and damages resulting from lost data or business interruption) as a result of your use of Keralty Corporate TeleHealth , your inability to use Keralty Corporate TeleHealth irrespective of the cause of that inability, any delay in or interruption of your use of Keralty Corporate TeleHealth regardless of the cause of delay or interruption, any corruption of any data that is transmitted by you to METRO SANITAS CORPORATION via Keralty Corporate TeleHealth, or transmitted by METRO SANITAS CORPORATION to you by any method whatsoever, your reliance upon any information presented in any intentional or unintentional disclosure or publication of any information transmitted by you to METRO SANITAS CORPORATION in connection with Keralty Corporate TeleHealth, or any other act, omission, matter or thing whatsoever having to do with Keralty Corporate TeleHealth.

8. Indemnification. You agree to defend, indemnify, and hold harmless METRO SANITAS CORPORATION from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with your use or misuse of Keralty Corporate TeleHealth , your breach of this Agreement, the relationship with or any advice provided by any Licensed Physician, the content or subject matter of or any information you provide to METRO SANITAS CORPORATION, any License Physician, or customer service agent, or any negligent or wrongful action or omission by you or any information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

9. Force Majeure. METRO SANITAS CORPORATION shall not be liable for any damage, claims, liabilities, losses, costs and expenses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions or any other cause beyond METRO SANITAS CORPORATION's reasonable control.

10. Term and Termination. From the date established in the Service Agreement signed by the customer and METRO SANITAS CORPORATION and during the period also established in the same agreement, you are allowed to use Keralty Corporate TeleHealth service as indicated in this terms and conditions. The breach of this Agreement by you or the customer, including non-payment of the service, will result automatically in the immediate termination of this Agreement by METRO SANITAS CORPORATION, without prejudice to METRO SANITAS CORPORATION's available remedies under Law. METRO SANITAS CORPORATION reserves the right to terminate your use of Keralty Corporate TeleHealth if you, or the customer who enrolled you on the service, breach this Agreement or for any other reason in METRO SANITAS CORPORATION’s discretion. It is agreed and understood that prior resort to arbitration is not required for the above automatic and immediate termination of this Agreement. You waive any right to insist on prior resort to arbitration to the fullest extent allowed under applicable law. If you dispute or question such termination, you agree that pending determination of the validity or effectivity of the termination, METRO SANITAS CORPORATION’s obligations under the Agreement, except those which are intended to survive the termination or expiration of the Agreement, shall be deemed suspended. You further understand that you will shoulder all costs of the proceedings, including attorney’s fees, should the termination be found to be proper. The provisions on Indemnification, Limitation of Liability and the Data Privacy Policy stated herein shall survive the termination of this Agreement.

11. Notices. Any written notices or other communications to you will be addressed and sent to your email address or to your mobile phone number which you provided when you registered to Keralty Corporate TeleHealth. Any written notices or other communications to METRO SANITAS CORPORATION will be addressed and sent to Metro Sanitas Corporation, MegaClinic, 5F Building A, SM Megamall, Bank Drive corner Doña Julia Vargas, Ortigas Business Center, Mandaluyong City, Metro Manila.

12. Relationship and No Thirty Party Rights. This Agreement does not, in any case, create a doctor-patient relationship between you and METRO SANITAS CORPORATION. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement on any person other than you and METRO SANITAS CORPORATION.

13. No Waiver. No waiver by herein parties shall be deemed to have been made unless expressed in writing and signed by the party who waives his rights under this Agreement.

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

15. Changes to the Terms of Use. METRO SANITAS CORPORATION may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on Keralty Corporate TeleHealth 's “Terms and Conditions” link on the Site (www.keralty.com.ph). If you continue to use Keralty Corporate TeleHealth after METRO SANITAS CORPORATION makes changes to the provisions of this Agreement, you are signifying your acceptance of the revised Agreement. You are responsible for checking these terms and conditions periodically for any changes.

16. Separability. If any provision of this Agreement is declared illegal or unenforceable, its invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any Law, such provision to the extent possible shall be interpreted in such a manner to comply with such Law, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.

17. Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in the Philippines by a panel of three (3) arbitrators in accordance with the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary in connection with this Agreement, the parties may seek appropriate relief before the courts of Makati City to the exclusion of other venues.