- DESCRIPTION OF SERVICE
Service shall mean subscription to KONSULTAMD which is a 24/7 health hotline service manned by skilled and licensed Filipino doctors who provide medical assessment and information, including basic healthcare and advice on permissible medication over the phone.
2.1 KONSULTAMD and any copyrights, trademarks, patents, trade secrets, intellectual property rights and other proprietary rights in and to the Service are owned by Globe’s licensor and/or its Suppliers, and Customer obtains no right, title or interest therein. Should the Service or the operation thereof become, or in Globe’s opinion is likely to become, the subject of a claim of infringement, Globe may (i) procure for Customer the right to continue using the Service, (ii) replace or modify the same so that it becomes non-infringing; or (iii) terminate this Agreement upon written notice in which event, Customer will not be liable for pre-termination charges.
- AFTER-SALES SUPPORT
For all billing and account-related support, Customer may email [email protected] Mondays to Fridays, 8:00 a.m. to 5:00 p.m.
- BILLING AND PAYMENT
Upon activation of enrollment to the KonsultaMD Service. Globe shall notify customer that its enrolled employees may already avail of the Service. Billing shall commence upon such activation. The monthly recurring fee stated in the Statement of Account (SOA) must be paid by the customer on or before the due date stated in the SOA. Globe has the option to suspend the Service if the customer fails to pay the amount due, on or before the due date.
- FORCE MAJEURE
Globe shall not be considered to be in default if its failure to perform any obligation hereunder is caused solely by supervening conditions beyond Globe’s reasonable control, including, but not limited to, natural calamities, civil commotion, strikes, labor disputes, fires, terrorist acts, or governmental demands or requirements; provided that any such performance shall be completed as soon as commercially reasonable following the termination of any such supervening conditions.
- WARRANTY DISCLAIMER
6.1 KONSULTAMD is furnished on an "as is", as-available basis. Globe does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed.
6.2 Globe shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Service, (b) the unavailability or interruption of the Service, (c) Customer’s use of the Service (regardless of whether Customer received assistance from Globe or its licensor in using the Service, or (d) Customer’s use of any equipment in connection with the Service.
- LIMITATION OF LIABILITY
7.1 In no event shall Globe and/or its Suppliers be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including without limitation, damages for loss of profits, loss of use, business interruption, loss of data or other pecuniary loss), in connection with this agreement, whether based upon contract, tort or any other legal theory, including negligence, even if Globe has been advised of the possibility of such damages.
7.2 In no event shall Globe’s liability to Customer arising out of this Agreement exceed the total amount of fees actually paid by Customer to Globe, or an amount equivalent to one year MSF, whichever is lower.
8.1 Either party may terminate the subscription to the Service by providing written notice.
8.2 The termination shall take effect after the cutoff date of the then current billing period provided that Customer sends a written notice to GLOBE at least 10 business days prior to the cutoff date.
Customer shall not assign or transfer his/her subscription to the Service without the prior written consent of Globe.
The terms and conditions published in https://www.konsulta.md/conditions governs the use of the Service by the enrolled end-users of the Customer.