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Informed Consent of Services Performed
Telemedicine involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following:
Electronic systems used will incorporate network and software security protocols to protect the
confidentiality of patient identification and imaging data and will include measures to safeguard the data
and to ensure its integrity against intentional or unintentional corruption.
Responsibility for the patient care should remain with the patient's local clinician, if you have one, as does the patient's medical record.
By checking the box associated with "Informed Consent", You acknowledge that you understand and agree with the following:
Patient Consent To The Use of Telemedicine
I have read and understand the information provided above regarding telemedicine, have discussed it
with my physician or such assistants as may be designated, and all of my questions have been answered to my satisfaction.
I understand that iKonsulta audio-video-chat transaction is for health education-advisory only and not intended to replace a personal/face-to-face full medical consultation, examination and treatment of an illness or health condition", and as such the medical and health professional is not giving definitive diagnosis and treatment.
I have read this document carefully, and understand the risks and benefits of the teleconferencing consultation and have had my questions regarding the procedure explained and I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.
By checking the Box containing "INFORMED CONSENT FOR TELEMEDICINE SERVICES" I hereby state that I have read, understood, and agree to the terms of this document.
NOTICE OF PRIVACY PRACTICES FOR iKonsulta.
PLEASE REVIEW CAREFULLY. If you have questions, you may emal us at email@example.com.
iKonsulta is engaged in the business of providing internet healthcare resources to connect individuals with physicians, licensed therapists and other licensed healthcare practitioners in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services (the “Services”).
II. INFORMATION THAT MAY BE COLLECTED
In order to use the Services, you are asked to enter an e-mail address and password, which we refer to
as your iKonsulta ID or credentials. After you create your ID, you can use the same credentials to log in to
iKonsulta 's website and utilize the Services. This log in process will allow you to manage your account, it
will allow you to search physicians, make appointments, attend appointments, etc.
The first time you log in to iKonsulta 's website to utilize the Services, you will be asked to create an account also known as your profile. To create an account, you must provide personal information such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that will be available for you to share with your Provider.
iKonsulta creates a record of the care and services you receive. Some examples of the information collected or created through this process are video and/or audio files associated with all consultations, electronic medical records that may be uploaded or created as a result of treatment, and medical test results.
For certain services, such as for subscription, health sessions and monitoring services, we will collect credit card or billing/payment account information which we maintain in encrypted form on secure servers. In order to participate in the Services, you will need to provide Personal Health Information about yourself to either iKonsulta or the Providers. Here are examples of the types of Personal Health Information we gather:
III. HOW INFORMATION ABOUT YOU MAY BE USED BY IKONSULTA
iKonsulta may gather Protected Health Information primarily to share with Providers for the purposes of diagnosis, treatment, and health care operations. However, in limited circumstances iKonsulta may use de-identified, non-personal information for statistical analysis, improvement of the Services, and customization of web design and content layout.
Uses and Disclosures of Protected Health Information
iKonsulta is permitted to use and disclose your Protected Health Information for purposes of (i) Treatment, (ii) Payment, and (iii) Health Care Operations as follows:
For Treatment. iKonsulta may use or disclose your Protected Health Information to facilitate treatment the provision of health care services to a Provider for purposes of a consultation or in connection with the provision of follow-up treatment. iKonsulta may share your Protected Health Information with doctors, nurses, technicians, students or other iKonsulta workers. For example, departments may share your Protected Health Information to plan your care. This may include prescriptions, lab work, and x-rays. iKonsulta may share your Protected Health Information with people not at iKonsulta including, but not limited to, referring physicians and home health care nurses who are treating you or providing follow-up care.
For Payment. iKonsulta may use and disclose your Protected Health Information with others who pay for your care such as health insurers or health plans in connection with the processing and payments of claims and other charges.
For Health Care Operations. iKonsulta may use and disclose your Protected Health Information for health care operations. These uses and disclosures help us run our programs and make sure iKonsulta 's patients receive quality care. For example, IKONSULTA may use Protected Health Information to review the treatment and provision services. iKonsulta may use PHI to measure the performance of its staff and how they care for you. iKonsulta may share Protected Health Information with third parties who iKonsulta engages to provide various services for iKonsulta and you such as doctors, nurses, technicians, students, and other health care workers for educational purposes. If any such third party requires access to your Protected Health Information in order to perform the agreed upon services, iKonsulta will require that third party be bound to the terms outlined in this Privacy Notice.
Business Associates. iKonsulta may contract with outside businesses to provide some services. example, iKonsulta may use the services of transcription, laboratories or collection agencies. Each contracted party must enter into a Business Associate agreement with iKonsulta, which requires said third party businesses to protect Protected Health Information that is shared with them in accordance with the restrictions outlined in this Privacy Notice. Furthermore, Protected Health Information will only be provided to third party businesses for the limited scope of performing required services to help facilitate treatment, payment, and health care operations to you.
For Appointment Reminders. iKonsulta may contact you to remind you about your appointment medical care.
Treatment Alternatives. iKonsulta may use and disclose Protected Health Information to tell you different types of treatment available to you. iKonsulta may use and share Protected Health Information to tell you about other benefits and services related to your health.
Authorization. iKonsulta is permitted to use and disclose your Protected Health Information upon your written authorization, submitted on our form which will be provided to you upon request, to the extent that such use or disclosure is consistent with your authorization. Your written authorization is required for the release of any psychotherapy notes, marketing to you of any products or services not related to you care or treatment, or the sale of any information that is not de-identified. Please note that you may revoke or limit any such authorization at any time. iKonsulta cannot take back any disclosures we have already made with your permission. iKonsulta is required to keep records of the care that we provided to you. Be assured that any uses or disclosures not described in this notice will require your written authorization.
People Involved In Your Care. With your permission, iKonsulta may share your Protected Information with a family member or friend who helps with your medical care. We may share your Protected Health Information with a group helping with disaster relief efforts. We do this so your family can be told about your location and condition. If you are not present or able to say no, we may use our judgement to decide if sharing your Protected Health Information is in your best interest.
Research. In support of telemedicine and ehealth initiatives, iKonsulta may use and disclose Protected Health Information for research. iKonsulta will only use and disclose information for research if iKonsulta receives your written consent, or if a review committee that meets Federal standards says iKonsulta does not need your consent.
Genetic Information. iKonsulta does not collect or use genetic information. iKonsulta does not genetic information for underwriting and related purposes.
Fundraising Activities. iKonsulta will not disclose your individual Protected Health Information fundraising activities without your written authorization.
As Required By Law. iKonsulta may use and disclose your Protected Health Information when to do so by national, regional or local government law.
To Prevent A Serious Threat To Health Or Safety. iKonsulta may use and disclose your Protected Health Information to prevent a serious threat to your health and safety and that of others. iKonsulta will only disclose your Protected Health Information with persons who can help prevent the threat.
Testimonials. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name.
How iKonsulta May Use and Disclose Protected Health Information - Special Situations
Military. If you are in the military services, iKonsulta may share your Protected Health Information required by the proper military authorities.
Workers' Compensation. iKonsulta may share your Protected Health Information for compensation or programs like it. iKonsulta may do this to the extent required by law.
Public Health Risks. iKonsulta may share your Protected Health Information for public health as required by national, regional or local government law.
For example, we may share your Protected Health Information:
Health Oversight Activities and Registries. iKonsulta may share your Protected Health Information with government agencies that oversee health care. iKonsulta may do so for activities approved by law. These activities include, but are not limited to, audits, investigations, inspections and licensure surveys. The government uses these activities to monitor the health care system. It also monitors the outbreak of disease, government programs, compliance with civil rights laws, and patient outcomes. iKonsulta may share Protected Health Information with government registries, if required.
Lawsuits and Disputes. If you are in a lawsuit or a dispute, iKonsulta may share your Protected Information in response to a court order, legal demand or other lawful process.
Law Enforcement. iKonsulta may share Protected Health Information if asked to do so by a enforcement official under limited circumstances as follows:
Decedents. iKonsulta may, under limited circumstances, disclose your Protected Health Information to coroners, medical examiners, funeral directors for the purposes of identification, determining the cause of death and fulfilling duties relating to decedents.
National Security. iKonsulta may share, if required, your Protected Health Information with the proper government officials for national security reasons.
IV. HOW SECURITY IS HANDLED AT IKONSULTA
The importance of security for all personal information including, but not limited to, Protected Health
Information associated with you is of utmost concern to us. At iKonsulta, we exercise state of the art care
in providing secure transmission of your information from your PC or mobile device to our servers.
Protected Health Information collected by our web site is stored in secure operation environments that are
not available or accessible to the public. Only those employees who need access to your information in
order to do their jobs are allowed access, each having signed confidentiality agreements. Any employee
who violates our privacy or security policies is subject to disciplinary action, including possible termination
and civil and/or criminal prosecution.
iKonsulta utilizes the latest technologies to ensure utmost security. IKONSULTA uses several layers of firewall security and different degrees of encryption for each customer's sensitive Protected Health Information to ensure the highest level of security.
iKonsulta Medical Group is the sole owner of the information collected on its site. iKonsulta Medical Group will not sell, share or lease this information to others. iKonsulta does not sell any customer lists, e- mail addresses, cookies or other data without your written authorization.
Cookies and Tracking Technologies
Security on our Website
Secure interaction. When you interact on our web site, all of your Protected Health including, but not limited to, your credit card number and delivery address, is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your entered information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. iKonsulta also takes the following measures to protect your PHI online:
Passwords. To provide you with an increased level of security, online access to your Protected Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. iKonsulta will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or E-mail messages).
Information. Since any entered information you provide to us on our website will be transmitted using secure connection, if your web browser cannot support this level of security, you will not be able to order products through our website. The most recent versions of Safari, Chrome, Microsoft Internet Explorer and Firefox can support a secure connection and can be downloaded for free from their respective websites.
No data transmission over the Internet can be guaranteed to be 100% secure. While we strive protect your Protected Health Information from unauthorized access, use or disclosure, iKonsulta cannot ensure or warrant the security of any information you transmit to us on our web site.
V. Privacy Rights
We are required by law to make sure that Protected Health Information that identifies you is kept private, give you this Notice of our legal duties and privacy practices concerning your Protected Health Information, and follow the terms of this Notice currently in effect.
Your Rights Regarding Your Protected Health Information
You have the following rights regarding Protected Health Information iKonsulta maintains about you:
Right To Inspect and To Receive Copies. You have the right to view and receive copies of Protected Health Information used to make decisions about your care, provided you submit your request in writing. Usually, this includes medical and billing records. It does not include some records such as psychotherapy notes. iKonsulta may deny your request to view and/or copy your Protected Health Information in limited circumstances. If your request is denied, iKonsulta will inform you of the reason of the denial and you have the right to request a review of the denial. iKonsulta may charge a fee for the costs of processing your request. Email us for more information at firstname.lastname@example.org
Right To Amend.
If you think that personal information iKonsulta has about you is wrong or
you have the right to ask for an amendment to your record. To request deletion of any personal
information or ask for a change to your record, you must make your request in writing and submit it to
Customer Service. If we are not able to comply with your request, we will respond with an explantation.
iKonsulta may, under the following limited circumstances:
iKonsulta may deny your request for an amendment to your record. iKonsulta may Deny your request if it is not submitted in writing or does not include a reason to support the request. iKonsulta may also deny your request if you ask iKonsulta to amend information that:
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Right To an Accounting of Disclosures. You have the right to get a list of the disclosures iKonsulta made of your Protected Health Information. This list will not include all disclosures that iKonsulta made. For example, this list will not include disclosures that iKonsulta made for treatment, payment or health care operations. It will not include disclosures you specifically approved. To ask for this list, you must submit your request in writing on the approved form. The form will be provided to you upon request.
Right To Request Restrictions. You have the right to ask for a restriction or limitation on the Health Information iKonsulta uses or discloses for treatment, payment or health care operations. You also have the right to ask for a limit on the Protected Health Information iKonsulta discloses with someone who is involved in your care or in the payment for your care. Such a person may be a family member or friend. iKonsulta is not required to comply with your request. If iKonsulta does agree, we will fulfill your request unless the information is needed to provide you with emergency treatment or if otherwise required by law. To ask for restrictions, you must make your request in writing on a form that we will give you upon request. You must tell us:
Right To Request Confidential Communications. You have the right to request communications of your Protected Health Information or medical matters. You may request that iKonsulta communicate with you through specific means or at a specific location. You must make your request in writing on a form that will be provided to you upon request iKonsulta will fulfill all reasonable requests.
Right To a Paper Copy of This Notice. You may ask iKonsulta to give you a written copy of this at any time. Even if you have agreed to get this Notice electronically, you still have a right to a paper copy of this Notice.
VI. Revisions To This Notice
iKonsulta is constantly innovating and implementing new features as part of its Services. As a result, our privacy practices may change. We may revise this Notice to reflect any changes in our privacy practices. We reserve the right to make the revised Notice effective for Protected Health Information we already have about you. It also will be effective for any information we receive in the future. We will post a current version of the Notice on this Site prior to the change becoming effective, as well as in the places where you receive the Services. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective.
VII. Social Media Widgets
If you think your privacy rights have been violated, you may file a complaint with email@example.com or in writing at the address listed below. You will not be penalized for filing a complaint.. You may also contact us for further information about your privacy rights by emailing us at firstname.lastname@example.org as well as by post mail:
If you think your privacy rights have been violated, you may file a complaint with legal@ iKonsulta E.com or in writing at the address listed below. You may also file a complaint with the Secretary of the Department of Health and Human Services. You will not be penalized for filing a complaint. If this does not satisfactorily resolve your inquiry then you may contact TRUSTe at https://www.truste.com/about- truste/contact-us/ and TRUSTe will then serve as a liaison with this website to resolve your concerns. You may also contact us for further information about your privacy rights by emailing us at email@example.com as well as by post mail:
Pacific Star Condominium
28th floor, Senator Gil Puyat and Makati Avenue
Makati City, Philippines
iKonsulta provides internet healthcare resources to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the “Providers”) in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services and information (“Services”).All of the participating Providers have independently contracted to be in the network operated by iKonsulta. iKonsulta does not provide any physicians’ or other Providers’ services itself.
Use of This Site and the Services – NOT FOR EMERGENCIES
iKonsulta 's Site and Services are NOT FOR use for medical Emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears on iKonsulta’s Site. IF YOU THINK YOU HAVE AN EMERGENCY, CALL AN EMERGENCY HOSPITAL, IMMEDIATELY!
Your interaction with the Providers through the Service is not intended to replace your relationship with
your existing primary care physician. iKonsulta is not an insurance product nor a prescription fulfillment
warehouse. iKonsulta physicians, therapists and health care practitioners reserve the right to deny care
for actual or potential misuse of these Services.The Services do not include the provision of
care by iKonsulta. Rather, the Services enable access to Providers who have agreed to provide
patient care to Customers using iKonsulta’s Services. iKonsulta arranges for the provision of
care; it does not provide medical care.
iKonsulta audio-video-chat transaction is for health education-advisory only and not intended to replace a personal/face-to-face full medical consultation, examination and treatment of an illness or health condition", and as such the medical and health professional is not giving definitive diagnosis and treatment.
iKonsulta operates subject to government regulations. iKonsulta is not a drug fulfillment warehouse. In the
event that a Provider does prescribe a medication, he/she will limit the supply based on state regulations
and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional
judgment. iKonsulta does not guarantee that a prescription will be written.
Note: iKonsulta Providers do not prescribe PDEA controlled substances or scheduled medications, non- therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.
You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Account Enrollment, Eligibility and Security
In order to access the Site and Services, you represent and warrant that you are at least eighteen years
of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a
obligations hereunder. You agree to fully, accurately and truthfully create your iKonsulta Account,
including, but not limited to, your name, mailing address, phone number, email and password, which
become your iKonsulta ID and credentials. Your iKonsulta and/or credentials are personal to you and you
are solely responsible for maintaining the confidentiality of your iKonsulta ID and credentials, and for all
activities that occur under such iKonsulta ID and credentials. You agree to prohibit anyone else from
using your iKonsulta ID and credentials and you agree to immediately notify iKonsulta of any actual or
suspected unauthorized use of your iKonsulta ID or credentials or other security concerns of which you
Fraud Prevention and Security
iKonsulta may contact you by telephone, mail or email to verify your iKonsulta Account information. iKonsulta may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, iKonsulta reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer to iKonsulta as requested
binding and effective immediately on posting of the revised Agreement or change to the service(s) on our
web site. Unless we expressly note otherwise, these terms incorporate and supersede any other terms
associated with the Services.
Information Provided by
As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update iKonsulta as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified that information may be available for your review that is considered time- sensitive, such as medical information, diagnosis, lab results, etc., to the e-mail address that you provided as a contact point. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to provide us the following information:
Electronic Medical Record
By subscribing to iKonsulta’s services you are agreeing to opt-in to the receipt of newsletters and other
information regarding common medical and health related topics or preventive care messages containing
specific medical and health related information, links to other related Web sites and specific questions
related to your iKonsulta Record. Additionally, iKonsulta makes available self-care informational services
that provide general medical and health information. These communications and resources are not
comprehensive medical text and do not include all the potential information regarding the subject matter.
These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by iKonsulta. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by iKonsulta. iKonsulta makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you.If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.
Limitations on Use
You agree that you will not use the Services for any service that must be provided to you by your regular
physician as a follow up to an in-office visit, at no additional charge to you or your health care plan, as
required by your health care plan. You will not use the Site or Services in any unlawful way and/or for any
unlawful purpose. You will not post or transmit a message under a false name, or use the network
resources of iKonsulta to impersonate another person or misrepresent authorization to act on behalf of
others or iKonsulta. All messages transmitted via iKonsulta should correctly identify the sender. You may
not alter the attribution of origin in electronic mail messages or posting. You will not allow another person
or entity to use their account, username or password to access or use the Services, or post or view
comments. You will not attempt to undermine the security or integrity of computing systems or networks
of iKonsulta its Partners, or those accessed through or with their product, and must not attempt to gain
unauthorized access. You may not harvest or collect PHI about any other individual who uses the
Service. You may not post or transmit any data, materials, content or information which is threatening,
false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus,
worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to
damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site
or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration,
security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You
will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter, defraud or create false results from any executable code, or information on or
received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to
override the Internet browser’s cookie setting.
You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
iKonsulta maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
iKonsulta reserves complete and sole discretion with respect to the operation of the iKonsulta Services. iKonsulta may, among other things withdraw, suspend or discontinue any functionality or feature of the iKonsulta Services. iKonsulta is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. iKonsulta is not responsible for maintaining information arising from use of the Site or in respect of the Services. iKonsulta reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.
Temporary Use License Granted
With the exception of your Electronic Medical Records, iKonsulta retains all right, title and interest in and
to iKonsulta, the Services and any Information, products, documentation, software or other materials on
the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or
proprietary right in any of the foregoing, except for Information on the Site licensed by iKonsulta, and in
that case, the license provider retains all right, title and interest therein. The information available through
the Site and the Services is the property of iKonsulta, or if licensed by iKonsulta, the license provider.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the municipal and/or regional trial courts located in Makati City. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of iKonsulta. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by iKonsulta or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
The Services are designed for and intended for users in the Philippines. iKonsulta makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the Philippines. Accessing the Services from territories where the content is illegal is prohibited.
Legal Notices and Disclaimers
Medical Disclaimers ‐ ‐ iKonsulta makes no representation or warranty as to the content of any response from any Provider. Providers are independent contractors and not employees of iKonsulta. You and your physician are solely responsible for all information and/or communication sent during a video/telephone/email consultation or other communication. iKonsulta does not guarantee that a video/telephone/consultation is the appropriate course of treatment for your particular health care problem. Furthermore, iKonsulta is not a substitute for you primary care. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
Content Disclaimers ‐ ‐ No information found on this Site should be relied on as professional advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by iKonsulta. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding and medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. iKonsulta makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
YOU ACKNOWLEDGE THAT YOUR USE OF THE IKONSULTA SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW IKONSULTA AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, IKONSULTA AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE IKONSULTA PRODUCTS AND SERVICES PROVIDED HEREUNDER. IKONSULTA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE IKONSULTA SERVICES.
iKonsulta does not endorse the promotions, products, or services of any third parties. iKonsulta does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. iKonsulta does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites.
Service Reliability and Warranties
iKonsulta makes no warranty that the Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes
loss of data resulting from delays, and any service interruption caused by iKonsulta employees. iKonsulta
is not responsible for transmission errors or corruption or compromise of data carried over local or
interchange telecommunication carriers.
iKonsulta will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that iKonsulta shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. iKonsulta may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
IKONSULTA SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO IKONSULTA AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD.IKONSULTA DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELIENES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL IKONSULTA NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF PHP 1000.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IKONSULTA NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRCUTION OR UNAUTHORIZED ACCESS TO IKONSULTA RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF IKONSULTA IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT IKOMSULTA’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Third Party Protection
The Indemnification and Disclaimers provisions set forth above are for the benefit of iKonsulta, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Termination and Survival
Fees and Applicable Charges
The calendar as seen on the Site is based on Philippine Standard Time. If a customer is outside of the time zone it is that Customer's responsibility, at the time of scheduling a consultation and at the time of attendance of their consultation, to accommodate for this difference. iKonsulta will not refund or reschedule appointments based on an error by Customer based on this issue.
Notwithstanding anything herein to the contrary, iKonsulta shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
No Third Party Rights
Governing Law, Jurisdiction, and Venue
Waiver of Jury Trial
Spam and Compliance with Anti-Spamming Laws
iKonsulta has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any your employees, agents or affiliates to: market, promote or solicit iKonsulta products in ways that violate any laws of the Philippines. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with PH export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agrees to indemnify and hold iKonsulta and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold iKonsulta and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against iKonsulta or any of its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.
iKonsulta may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the iKonsulta Web site, or by written communication delivered by first class PH mail or express courier to your address on record in the iKonsulta account information. You may give notice to iKonsulta at any time via electronic mail to info@ iKonsulta.com.
Comments, Suggestions and Submissions
iKonsulta welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to iKonsulta shall become the exclusive property of iKonsulta. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to iKonsulta of all rights whatsoever (copyright, patentability, and intellectual property). iKonsulta shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer.
iKonsulta Professional Ethical Principles include: