eConsult Terms and Conditions
Partner Provider Terms and Conditions
Date Modified: 02 December 2020
This Terms and Conditions (“Agreement”) contains legally binding agreement made between you, whether personally or on behalf of an entity, concerning your access to and use of the application, the privacy policies, and terms and conditions in using the eConsult platform (“Platform”) of Ananta Solution Corp. You must read, agree with, and accept ALL of the terms set in this agreement.
Parties to the Agreement:
The term “eConsult”, “us”, “we” or “our” refers to the owner of the platform (website and app), Ananta Solution Corp. The terms “Partner Provider” or “PP” refer to the person, user, professional, Partner Provider or any of the Partner Provider’s authorized representative who avail of or use eConsult. “Service” refers to the use of solution provided by the eConsult platform (website and app).
Welcome to eConsult!
1. About Us
eConsult is Ananta Solution Corp.’s digital-based consultation platform aimed at providing Filipinos medical, legal, financial, business development, artistic, and other professional assistance in the most efficient, effective and practical way possible. We are committed into providing some of our services worldwide like Arts, Divination and Feng Shui, Health and Fitness and Music.
As for our other services like Business, Finance, Legal and Medical, these are being performed for and are available only within the Philippines for Filipinos and residents of the Philippines.
eConsult is a product of Ananta Solutions Corporation, a Philippine corporation duly registered with the SEC.
2. General Provisions
By browsing and using the platform (website and app), you consent to and signify your agreement to comply with and be bound by the following terms and conditions, which together with our other policy documents, as may be published, govern eConsult and Ananta Solution Corp.’s relationship with you in relation to the platform.
Should you disagree with any part of these terms and conditions, kindly refrain from using the platform (website and app).
We reserve the right to review, revise and amend our terms and conditions from time to time without giving you prior notice. An advisory will be shown in the platform (website and app) for each revision and update. By using the platform (website and app) after any revision or update of our terms and conditions, you agree to be bound by the changes we've made. You agree that we or the platform (website and app) shall not be liable to you or any third party for any modifications made to this Agreement.
If you do not conform to any of the terms set forth, or to any of its subsequent modifications, you may not access of use any of the services of the platform (website and app).
Acceptable Use
A. The Partner Provider shall comply with all terms, conditions and regulations applicable to the use of the platform (website and app).
B. The Partner Provider shall not use the platform (website and app) for any illegal purpose or activities, whether for personal benefit or otherwise or for the purpose of causing damage to eConsult, Ananta Solution Corp. or third persons, including but not limited to money laundering, fraud, abuse, dissemination of virus, theft of data, identity fraud, or inciting or abetting others to commit these or similar crimes.
— eConsult shall not be liable for any and all damages resulting from such illegal purpose or activities.
C. The Partner Provider shall not use eConsult in a manner that may disrupt, delay, deny, impair or damage, in any way, the Service or the availability or accessibility thereof to or by Ananta Solution Corp., the Client, third persons or the general public.
D. The Partner Provider shall not use this platform (website and app) in any way that causes, or may cause, damage to the platform (website and app) or impairment of the availability or accessibility of the platform (website and app) or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
— eConsult shall not be liable for any and all damages resulting from such illegal purpose or activities.
E. The Partner Provider shall not use the platform (website and app) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software , through or by the use of eConsult platform (website and app).
F. The Partner Provider shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this platform (website and app).
G. The Partner Provider shall not copy, reproduce, duplicate or otherwise exploit any information or material from the eConsult platform (website and app) for any commercial or personal purpose, including but not limited to, the conduct of any systematic or automated data collection activities such scraping, data mining, data extraction and data harvesting, etc.
3. The Platform
A. eConsult connects a client to a professional who signed up to be a Partner Provider of eConsult for consultation through the use of in-app chat and messaging as well as video and audio technology.
B. Partner Provider’s Portal
The professional or the Partner Provider may sign up and register in the platform (website and app).
• Specific details will be collected from the Partner Provider including information from the updated Curriculum Vitae, PRC, Roll of Attorneys, IBP and other government/ regulatory commission ID number, among others.
- This is subject to further verification by the eConsult team.
• After verification, the professional or Partner Provider’s profile will be published and may be viewable to the prospective clients.
The professional or Partner Provider may edit his/ her corresponding profile, further stating the details of his/ her profession and preferred schedule for consultation.
The schedule of the professional or Partner Provider will be published in the platform (website and app).
C. Client’s Portal
The client may sign up and register as a client in the platform (website and app).
• Details will be required from the client.
- An email and/or SMS verification will also be sent before the client may be allowed to browse through the platform (website and app).
• The client will then be able to choose the specific service he/she wishes to avail of.
- Apart from the specific service, he/she may also choose the specific professional or Partner Provider, depending on the professional’s profile and credentials published in the same.
• After choosing the service and the Partner Provider, he/she will then choose the preferred schedule.
- The schedule will also be based on the posted schedule of the Partner Provider.
• After the appointment has been set, the Client will then be redirected to the payment platform (website and app) where he/she will be required to pay for the professional fee of the chosen Partner Provider.
D. Once the consultation schedule has been set and the fee has been paid and verified, the professional and the client may be able to privately communicate with each other through the in-app messaging or chat box and the corresponding video and audio technology
E. Information provided by the client and the Partner Provider during the consultation will be kept private and confidential private between the parties.
4. The Services
eConsult offers different professional services that the client can choose from depending on their request, this includes:
• Medical
• Legal
• Taxation
• Finance
• Business Development
• Feng Shui
• Fitness
• Arts
• Others
eConsult merely provides the platform where the professional or Partner Provider and client will communicate with each other. All information disclosed will be kept private and confidential between the parties.
A. The Process of Availment of Services
In order to avail of the services of the platform (website and app), the Partner Provider will be asked to complete the account by providing his/her personal as well as professional information.
• The following may be collected from the Partner Provider, as applicable to his/her practice of profession:
- Updated Curriculum Vitae;
- PRC ID;
- Roll of Attorneys Number, IBP Number;
- Other government/ regulatory commission ID number;
- Scanned copy of diploma;
- Proof of Certifications and Training;
- BIR TIN ID Number;
- Bank Account details, for payment purposes;
- Signature
- Profile picture
- ID images
- Others, as needed.
- All or part of the information provided may be displayed in his/her profile.
- The information provided by the Partner Provider will be subject to further verification by the eConsult Team
• After verification, the Partner Provider’s profile will be published and may be viewable to the prospective clients.
• The professional or Partner Provider may edit his/ her corresponding profile, further stating the details of his/ her profession and preferred schedule for consultation.
• The Partner Provider’s professional fee will also be posted in their respective profiles.
- The specified amount shall be the amount to be paid by the client, subject to the fees chargeable by eConsult.
• The schedule of the Partner Provider will be published in the platform (website and app).
- From the posted schedule, the prospective client or user may choose his/ her preferred consultation schedule.
• After the client has set an appointment with the Partner Provider, he/ she will be redirected to the payment platform (website and app).
• After payment and verification, the schedule will be set, and the appointment time will be blocked off the profile of the Partner Provider.
• During the whole duration of the consultation, the Partner Provider may be able to:
- Collect history;
- Render professional advice;
- Recommend the conduct of additional services (diagnostic and laboratory tests for medical and fitness, other legitimate services of the Partner Provider, etc.)
- Prescribe medication or any type of prescription depending on the service availed of;
- Provide follow-up care or follow-up service, as may be necessary;
- Refer the Client or Customer for additional service, as may be necessary.
• During the date and time of the appointment, whatever will be disclosed to the professional and the Client will be kept private and confidential.
- Authorized Staff and employees of eConsult will be able to access such information.
- If the Client and Partner Provider availed of the video technology, the video will not be recorded and no other person besides the parties are able to access the same.
- Chat messages and image sent via eConsult Platform is saved in the services that will form part of HISTORY of both the Partner Provider and the Client.
B. Role of eConsult and its registered Professionals or Partner Providers
eConsult only provides the technology platform (website and app) that allows the connection and communication of clients to Partner Providers with the use of in-app messaging and video and audio technology.
All types of service provided, including the giving of professional advice, are rendered by the registered professionals themselves.
eConsult, together with Ananta Solution Corp., is in charge of vetting the qualifications and credentials of the professionals. Interested professionals (medical doctors, lawyers, accountants, feng shui experts, artists, etc.) are asked to fill in an application form and submit relevant documents and certificates, including:
• Updated curriculum vitae;
• PRC, Roll of Attorneys/ IBP number and other relevant government/ regulatory commission ID;
• Certificate of Graduation from the professional school;
• Diploma or other subspecialty certification, as applicable;
• BIR TIN ID Number;
• Other relevant information, as deemed necessary.
The application and documents will be reviewed by the appropriate team; the same team will be in charge of verifying all relevant and necessary information. A positive review will then result to the publication of the profile of the professional in the eConsult platform (website and app); only then will their profile be visible to prospective user or client.
eConsult is not engaged in the respective professional’s businesses and eConsult shall NOT be construed as a medical, legal, art business. Accordingly, the advice given and rendered by the registered professional on eConsult shall not be deemed as that of eConsult or Ananta Solution Corp.
Lastly, eConsult shall not be construed as an employer, partner, or superior of the registered professional or Partner Provider. Nothing in this Agreement shall be interpreted as creating an employer-employee, partnership, or principal-agent relationship between the registered professional or Partner Provider and eConsult.
C. Disclaimer on Professional Advice rendered through eConsult
All professional advice, including the giving of medical, legal, artistic advice, are rendered by the registered professionals or Partner Providers.
The registered professionals or Partner Providers are SOLELY responsible for the professional advice given to the Client, in compliance with all the requirements applicable to his/her practice of profession.
The Partner Provider acknowledges that the use of the platform (website and app) is at their sole risk, and the Partner Provider assumes full responsibility for all risks associated therewith.
eConsult provides information to its registered professionals in an “as is” and “as available” basis, without any warranty whatsoever, whether express or implied. eConsult makes no express warranties or guarantees about its registered professionals.
To the extent permitted by law, eConsult disclaims implied warranties – including any warranty that the service is or will be merchantable, or of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
eConsult does not guarantee that its Partner Providers or their recommendations and professional advice will meet ALL the client’s requirements, is error-free, reliable, accurate, timely, useful, adequate, complete or suitable, or that defects (if any), will be corrected.
In line with this, the Client and the Partner Provider should understand and agree to assume potential risks associated with the use of eConsult, such as, but not limited to the following:
• In some instances, the information that Client has provided may not be sufficient for the registered professional to provide the appropriate professional recommendation and advice;
• Delays in assessment and advice could occur due to failure of the electronic systems;
• In some instances, Client’s failure to provide accurate and/or complete professional records to the registered professionals may result in adverse reactions or other judgment errors;
• Client may expect the anticipated benefits from the use of the professional advice or recommendation provided by the registered professionals, but that no results can be guaranteed or assured;
• The registered professional, in his or her sole discretion and professional judgment may determine that his/her professional information or professional services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her professional information or professional services to you through eConsult.
• Temporary interruptions in service may occur in connection with the use of eConsult.
5. The Partner Provider
A. Compensation, Professional Fees and eConsult Fees
• The Partner Provider confirms and acknowledges that:
- he or she will be compensated by the client for rendering the online consultation services in eConsult based on the professional fee indicated in their profile;
• The Partner Provider hereby authorizes eConsult to collect payments for him/her from the client on behalf of the Partner Provider.
- In the event the client requests for an official receipt for the online consultation services availed of, the Partner Provider shall issue the same in accordance with this Agreement;
• eConsult shall deduct, from the Professional Fees, the Service Fees for Partner Provider’s use of the eConsult platform (website and app) agreed and consented to by the Partner Provider.
• eConsult shall withhold the necessary withholding taxes from the Professional Fees in accordance with the prevailing laws and regulations, as may be required and as necessary.
- eConsult reserves the right to make any adjustments on the amount/s withheld or discounts provided should prevailing laws so require; provided that, prior notice shall be given to the Partner Provider.
B. Payment and Refund Policy for the Services
In essence, the Partner Provider agrees to pay 20% of the Professional Fees collected from the client or user to eConsult.
20% of the fees paid for by the Client to the professional or Partner Provider shall be allotted and given to eConsult.
No refunds will be given after a requested service has been performed. Charges for services will be reversed in the event that a cancellation was made 48 hours before the set appointment. When Partner Provider initiated the cancellation, the Partner Provider will shoulder all fees pertaining to refund including payment gateway fees and processing fees of eConsult. When a Client initiates the cancellation, the client will shoulder the cancellation fees. When the Client cancels less than 48 hours before the appointment of the Client did not show up in during the set appointment, no refund will be given. When the Partner Provider cancels less than 48 hours before the set time or did not show up during the scheduled appointment, the Client will be refunded with the Partner Provider shouldering the cancellation fees and service fee of eConsult. When Applicable refunds may be made to correct any mistake in charging a client or user or professional or Partner Provider’s account. Should this occur, users and professionals may email [email protected] for any refund concerns.
C. Representation and Warranties
The Partner Provider represents and warrants to eConsult that:
• He or she is duly licensed or certified, or professionally trained to practice his/her profession in the Philippines, is in good standing with the respective regulatory commission or association, and has a valid diploma and/or subspecialty certification;
• He or she shall, at all times, comply with the rules and regulations applicable to the practice of his/her profession (i.e. Republic Act No. 2382, or the “Medical Act of 1959,” the DOH Rules, and the e-Prescription Rules);
• He or she shall be directly and completely responsible to use any means and methods in the reasonable exercise of his or her discretion, which are not contrary to this Agreement, the laws, and the implementing rules and regulations of the practice of his/her profession (including but not limited to, the policies of the Professional Regulation Commission, Supreme Court of the Philippines, Philippine Medical Association, DOH, Philippine Health Insurance, etc.) and which, in good faith, he or she believes is best to enable him or her to perform his or her practice of profession; and
• He or she shall comply with the Agreement as provided.
D. Scope of Services
The Partner Provider agrees to:
• be available for online consultation matching from the time of registration with eConsult based on the consultation hours set by the Partner Provider through eConsult, and until such time that he or she notifies eConsult that he or she is opting out of eConsult via email addressed to [email protected];
• once matched with a client and after accepting the invite from eConsult, render online consultation services to the users of eConsult, including the following:
-to provide telemedicine services and related services to (a) a client or (b) an individual representing and aiding a client, who are seeking professional help or aid through eConsult, in accordance with the applicable laws, issuances, and rules and regulations relating to the practice of profession and the use of online consultation;
- to conduct the online consultation with the client through desktop or laptop or the mobile app;
- to not delete and/or alter the history of the online consultation;
- to issue documents like, but not limited to, electronic recommendation, consultation summary for (a) the client or (b) an individual representing and aiding a client;
- (For Doctors) to issue e-prescriptions consistent with the provisions of the Philippine Food and Drug Administration (“FDA”) Circular No. 2020-007 and subsequent FDA guidelines thereto (the “e-Prescription Rules”), or any rules and regulations issued by the relevant government agencies related thereto; and
- abide by the Terms and Conditions of eConsult issued by eConsult.
E. No Employee - Employer Relationship
Nothing in this Agreement shall be interpreted as creating an employer-employee or principal-agent relationship between the Partner Provider and eConsult, and that he or she shall be responsible for his or her respective obligations under this Agreement.
F. No Subcontracting
The Partner Provider shall not subcontract any of the telemedicine consultation services to be rendered.
6. eConsult’s Obligations
• eConsult shall be made available only to professionals or Partner Providers who are in full compliance with the requirements of and abide by the Terms and Conditions of this Agreement. For this purpose, eConsult reserves the right to suspend, limit, deny, or terminate the service to the Partner Provider who is unable to provide accurate and current information, and unable to settle existing and outstanding obligations.
• Recognizing that eConsult’s registered professionals will be using the information provided by the client and render professional advice based on the same, eConsult shall take all reasonable effort to make the information given by the Client available to the professional or Partner Provider in a timely manner.
• eConsult will only process requests for services after the fee has been paid and settled by the client.
eConsult does not guarantee that a professional consultation through an ICT facility is the appropriate course of treatment for your professional needs, problem or concern. eConsult will take commercially reasonable precautions to protect against the failure of our equipment and software.
7. Waiver of Liability
A. The Partner Provider confirms and acknowledges that the online consultation services to be rendered are provided and discharged by himself or herself in his or her professional and personal capacities.
a. Thus, neither eConsult, nor any of their respective subsidiaries, affiliates, directors, officers, partners and/or subcontracted parties for this endeavor, shall have any liability or responsibility (financial, contractual, operational, or otherwise) for any aspect from the online consultation services performed or rendered by the Partner Provider.
B. The Partner Provider confirms and acknowledges that eConsult only acts as a collection agent for the Professional Fees paid for the online consultation services performed or rendered in the eConsult platform (website and app).
a. Thus, neither eConsult, nor any of their respective subsidiaries, affiliates, directors, officers, partners and/or subcontracted parties for this endeavor, shall be responsible for the Partner Provider’s compliance with the relevant taxation laws and regulations, including the issuance of official receipts, and/or payment of taxes as a consequence of such services performed or rendered.
C. Further, in consideration of the foregoing, as applicable, the Partner Provider hereby expressly releases, acquits, discharges, and waives any and all claims he or she might have, as of or at any time following the acceptance of these Terms and Conditions or Agreement, against eConsult, and/or Ananta Solution Corp. with respect to the online consultation services to be performed or rendered by the Partner Provider, including, without limitation, medico-legal/negligence claims, tax assessments, or contractual claims.
a. In addition, the Partner Provider shall defend, indemnify, and hold eConsult and Ananta Solution Corp. and its employees and representatives free and harmless from and against any and all claims, liabilities, losses, costs, demands, damages, and expenses, including reasonable attorneys’ fees, arising out of, relating to, or incurred in connection with any claim.
D. The Partner Provider acknowledges and agrees that eConsult is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall eConsult 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.
E. The Partner Provider further acknowledges and agrees that, eConsult may perform regular back-ups of all data stored. eConsult shall have no liability to the Partner Provider in the event all data is lost or destroyed. The Partner Provider acknowledges and agrees that in the event of the restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of eConsult.
F. As Partner Providers are not employees of eConsult, they/ you are directly responsible for the quality and appropriateness of the professional recommendation and professional services they render directly to the client.
a. eConsult disclaims all liabilities for the acts or omissions of any professional or Partner Provider providing professional recommendation or professional service to customers of eConsult.
b. eConsult makes no representation or warranty as to the content of any professional recommendation or professional service response from any registered professional.
c. As such, the Client shall hold eConsult, its developer and operator, Ananta Solution Corp., its owners and their heirs, its officers, directors and employees, its third-party providers, and suppliers, free from any and all claims of liability, which might result from the client’s actions, inactions or negligence in the use of eConsult.
G. In no event shall Ananta or any of its officers, directors and employees, be liable to the client for anything arising out of or in any way connected with the client’s use of the platform (website and app) – whether such liability is under Contract, Tort, or otherwise.
H. The Partner Provider understands and acknowledges that eConsult is not engaged in the practice of profession of the professionals registered in the platform (website and app). eConsult is and will remain to be a platform (website and app) or digital venue for online consultation between the professional and client.
I. The service that eConsult provides is limited and such may cause damage to the Partner Provider.
a. By using the platform notwithstanding such warning, the Partner Provider agrees to assume any and all risks and waives any and all claims against eConsult, which may arise from the Partner Provider’s own assumption of risk.
b. By using eConsult, the Partner Provider understands and agrees that it is engaging in an activity that involves risk of serious and severe social and/or economic losses, including but not limited to, the payment of fines, issuance of sanctions or imprisonment, and that there may be other unknown risks not reasonably foreseeable at this time.
c. The Partner Provider assumes all the foregoing risk and accepts personal responsibility and the resulting financial obligation for the damages following such serious and severe social and/or economic losses.
J. The Partner Provider hereby waives all rights and claims against, and releases, discharges, and pledges not to sue eConsult based on the foregoing. The Partner Provider holds eConsult free from any and all liability from the service that it has provided to the client and the Partner Provider shall not institute any suit or proceeding against eConsult, Ananta Solution Corp, or any of its stockholders, directors, officers, employees or agent for any and all damage that may be caused to or by the Client or to any third persons.
K. Ananta Solution Corp., including its officers, directors and employees shall not be liable for any indirect or consequential liability arising out of or in any way related to your use of the platform (website and app).
8. Intellectual Property
Ananta Solutions Corp. is the owner of the data, materials and information presented on the eConsult platform (website and app), including but not limited to logos, graphics, documents, write-ups, trademarks and other intellectual property.
Only when expressly allowed by Ananta Solutions Corp, may the contents on eConsult be downloaded on a non-exclusive, limited, non-transferable, royalty-free basis and shall not be used to lease or sell, any or all portions of the material distributed in violation of the Ananta’s copyright.
All other rights are reserved by Ananta Solution Corp. Copyright and trademark infringement are violations of Intellectual Property Laws of the Philippines and subject to criminal and civil penalties.
9. Confidentiality and Data Handling
eConsult shall ensure the privacy and confidentiality of all Partner Provider and Client information found in its servers. The Partner Provider is bound to keep all Client records and details confidential.
Ananta Solution Corp. shall own the data on the eConsult platform (website and app). Ananta, including its parent, subsidiaries, affiliates, and their respective representatives and agents are all committed to implementing safeguards to protect the Partner Provider’s privacy and in keeping the personal data safe and secure in accordance with the provisions of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, its Implementing Rules and Regulations, and the existing Memorandum Circulars and Advisories issued by the National Privacy Commission.
In line with the Partner Provider’s right to be informed that the personal data will be, or were collected and processed, eConsult urges you to read the contents of the PRIVACY POLICY for Partner Providers.
In addition, the following is stated, posted and published in this page:
In compliance with the requirements of the Data Privacy Act, eConsult would like to obtain your consent on the processing and sharing of your personal data relevant to your professional consultation and transactions on eConsult. Collection of information shall start at the time of registration in the eConsult platform (website and app) and shall be subsequently undertaken at different points of the professional services provided to you as the Partner Provider.
Personal data may include name, birthdate, gender, address, mobile number, e-mail address, updated curriculum vitae, PRC, Roll of Attorneys/ IBP number and other relevant government/regulatory commission ID, Certificate of Graduation from the professional school, Diploma or other subspecialty certification, as applicable, BIR TIN ID Number, and other relevant information, as deemed necessary.
eConsult shall implement reasonable and appropriate security measures to maintain the availability, integrity, and confidentiality of personal data and are intended for the protection of personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing.
In case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, your personal data, eConsult or Ananta will inform you of the breach without undue delay, including a summary description of the potential impact and a recommendation on measures to mitigate the possible adverse effects of the breach.
You may, at any time, cease to use eConsult, and request for the erasure and blocking of your data by emailing our Data Protection Officer at [email protected].
Partner Provider’s Acknowledgement Clause
1. The information I provided is true, complete, and accurate.
2. I am aware of my rights in relation to my personal data, including the right to access and correction, and the right to object to the processing of my personal data. I may visit www.privacy.gov.ph to learn more about my rights.
3. I am aware that I can refer to eConsult’s PRIVACY POLICY for Partner Providers for more information. I am also aware that for questions or concerns, I can contact eConsult’s Data Protection Officer through [email protected].
4. For more information. I am also aware that for questions or concerns, I can contact eConsult’s Data Protection Officer through [email protected].
5. I understand that the data I provided, as well as data in relation to my professional online consultation will be owned and may be retained by eConsult.
a. By becoming a Partner Provider under and of eConsult and by submitting the information requested, I allow eConsult to manually and digitally process, collect, access, use, store, consolidate, and disclose my personal data for legitimate purposes, which are to: (a) provide professional services , (b) aid in historical, statistical, or scientific purposes for the quality improvement of services, (c) adhere to internal policies and procedures, and/or (d) comply with reporting obligations to governmental authorities under applicable laws and regulations.
6. I am aware that my personal data will be retained only for as long as necessary for the fulfillment of the purposes for which data was obtained, or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law. It shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure.
7. I acknowledge that my personal data will not be shared with third parties unless (a) with my consent or when expressly authorized and/or permitted by law, and (b) with the Partner Providers specified who have agreed to ensure the confidentiality and security of my personal data. Understanding the purposes for which sharing is necessary, I consent to the sharing of my personal data in accordance with the PRIVACY POLICY for Partner Providers.
8. Further, I consent to the sharing of my personal data to the marketing team of eConsult and its affiliates for the continuous enhancement of experience and delivery of quality professional services.
9. Should I wish to unsubscribe from any of the above, I understand that I may communicate the details of the said request to [email protected].
10. I consent that the conversation as well as video and audio of my consultation through eConsult with the prospective client/user may be recorded for safety and legal purposes.
11. I wish to receive a summary of the consultation that I availed of through SMS, mobile app, and email.
I have read this form, understood its contents, and consent to the processing of my personal data.
I understand that my consent does not preclude the existence of other criteria for lawful processing of personal data, and does not waive any of my rights under the Data Privacy Act, its IRR, and other applicable laws.
10. Non-Assignability Clause
The Partner Provider shall not assign or transfer any or all of its rights and obligations hereunder to any third party.
Any violation of this Agreement shall be sufficient ground for eConsult to cancel or terminate this Agreement with the Partner Provider, at its own initiative, without need of judicial action.
Nevertheless, the platform (website and app) shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required.
11. Changes to the Terms of Use
eConsult may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on eConsult’s “Terms and Conditions” link on the platform (website and app).
If you continue to use eConsult after the 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.
12. Effectivity
This Contract shall take effect upon acceptance thereof by the parties.
The continued use and availment of services of eConsult by the Partner Provider shall be construed as his/her acceptance of the Agreement.
13. Force Majeure, Government Actions and Similar Acts
eConsult shall not be liable for any and all damages arising from or as a consequence of its inability to perform its obligation to the Client in the event of:
A. Force majeure including but not limited to typhoons, earthquakes, floods and volcanic eruptions; or
B. Government actions or declarations; or
C. Health and safety reasons as may be declared by the government; and
D. Other acts of man such as invasion, rebellion, riots or strike.
If either party considers that any circumstance of Force Majeure has occurred which may affect the performance of its obligations under this Agreement, the affected party must notify the other party in writing of such event within five (5) calendar days after its occurrence.
eConsult and Ananta Solution Corp. shall not be held liable for any delay and/or failure to perform any part of this Agreement due to fortuitous events or events of Force Majeure or circumstances beyond its control which directly prevents it from performing its obligations hereunder, provided that eConsult undertakes to perform all acts as it is reasonable to do to minimize the impact of such events on the performance of this Agreement.
14. Entire Agreement
These Terms, including any legal notices and disclaimers contained on the platform (website and app), constitute the entire agreement between eConsult and the Client in relation to the use of the platform (website and app), and supersede all prior agreements and understandings with respect to the same.
15. Language
Both parties have asked and agreed that this Agreement, and all documents relating to this Agreement (including but not limited to the attachments to this Agreement) be drafted in the English language.
Both parties fully understand the English language and have a full and complete understanding of the contents, effects, and consequences of this Agreement, and the parties acknowledge they have had the opportunity to consult with a lawyer of their own choosing in deciding whether to sign this Agreement. The English language version of this Agreement and all related documents will be the official and binding versions, even if the parties also have copies translated into another language. Should only the non-English translation of this Agreement be required to be submitted to any governmental authority in the territory, the translation shall be binding upon both parties solely with respect to such governmental authority.
As between the parties, the English language version shall prevail and be binding in all circumstances.
16. Finality Clause
In case of ambiguity, the decision of Ananta Solution Corp. on the interpretation of any term contained in any document or in the evaluation of documents and other services shall be final and binding on all parties concerned.
17. Relief and Remedy Clause
Should there be any dispute or controversy in connection with this Agreement or difference between the Client and eConsult arising from the interpretation of this Agreement - the Client and the eConsult through Ananta Solution Corp. shall, as far as practicable, settle the same amicably at headquarters or main office, or in any place at the convenience of the parties.
In the event that such dispute or disagreement be not resolved to their mutual satisfaction, the matter shall be submitted to the proper court/agency for arbitration; provided, however, that the arbitration proceedings shall be without prejudice to the right of Ananta Solution Corp. to rescind or terminate this Agreement, as provided herein.
Should any of the parties be constrained to resort to court action to enforce or safeguard its rights and interests under this Agreement, the aggrieved party shall be entitled to attorney’s fees in an amount equivalent to Twenty Percent (20%) of the total sum claimed in the complaint, exclusive of other damages and the expenses of litigation.
18. Venue
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination shall be referred to and finally resolved by litigation in the proper court sitting in Quezon City, Philippines to the exclusion of all other tribunals.
By virtue of this Agreement, the parties irrevocably waive:
1. Any defense of improper venue which any party may now or hereafter have, as well as to the enforcement of the judgment of said courts;
2. Any objection to the laying of the venue in the courts of Quezon City, Philippines; and
3. Any claim that the dispute has been brought in an inconvenient forum.
Each party hereto submits itself and its property to the jurisdiction of the proper courts in any such action.
19. Contact Us
For any questions about this Terms and Conditions, you may send an email to [email protected]
20. Ananta Solution Corp.
Should the Client seek to inquire about our services, or the quality of service delivered at any time, he/she is invited to contact us through the following channels: Email: [email protected]
Client Terms and Conditions
Date Modified: 02 December 2020
This Terms and Conditions (“Agreement”) contains legally binding agreement made between you, whether personally or on behalf of an entity, concerning your access to and use of the application, the privacy policies, and terms and conditions in using the eConsult platform (“Platform”) of Ananta Solution Corp. You must read, agree with, and accept ALL of the terms set in this agreement.
Parties to the Agreement:
The term “eConsult”, “us”, “we” or “our” refers to the owner of the platform (website and app), particularly, Ananta Solution Corp. The term “Client” refers to the person, customer, user, professional, Partner Provider or any of the Client’s authorized representative who avail of or use eConsult. “Service” refers to the use of solution provided by the eConsult platform (website and app).
Welcome to eConsult!
1. About Us
eConsult is Ananta Solution Corp.’s digital-based consultation platform aimed at providing Filipinos medical, legal, financial, business development, artistic, and other professional assistance in the most efficient, effective and practical way possible. We are committed into providing some of our services worldwide like Arts, Divination and Feng Shui, Health and Fitness and Music.
As for our other services like Business, Finance, Legal and Medical, these are being performed for and are available only within the Philippines for Filipinos and residents of the Philippines.
eConsult is a product of Ananta Solutions Corporation, a Philippine corporation duly registered with the SEC.
2. General Provisions
By browsing and using the platform (website and app), you consent to and signify your agreement to comply with and be bound by the following terms and conditions, which together with our other policy documents, as may be published, govern eConsult and Ananta Solution Corp.’s relationship with you in relation to the platform (website and app).
Should you disagree with any part of these terms and conditions, kindly refrain from using the platform (website and app).
We reserve the right to review, revise and amend our terms and conditions from time to time without giving you prior notice. An advisory will be shown in the platform (website and app) for each revision and update. By using the platform (website and app) after any revision or update of our terms and conditions, you agree to be bound by the changes we've made. You agree that we or the platform (website and app) shall not be liable to you or any third party for any modifications made to this Agreement.
If you do not conform to any of the terms set forth, or to any of its subsequent modifications, you may not access of use any of the services of the platform (website and app).
Acceptable Use
A. The Client shall comply with all terms, conditions and regulations applicable to the use of the platform (website and app).
B. The Client shall not use the platform (website and app) for any illegal purpose or activities, whether for personal benefit or otherwise or for the purpose of causing damage to eConsult, Ananta Solution Corp. or third persons, including but not limited to money laundering, fraud, dissemination of virus, theft of data, identity fraud, or inciting or abetting others to commit these or similar crimes.
• eConsult shall not be liable for any and all damages resulting from such illegal purpose or activities.
C. The Client shall not use eConsult in a manner that may disrupt, delay, deny, impair or damage, in any way, the Service or the availability or accessibility thereof to or by Ananta Solution Corp., the Client, third persons or the general public.
D. The Client shall not use this platform (website and app) in any way that causes, or may cause, damage to the platform (website and app) or impairment of the availability or accessibility of the platform (website and app) or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• eConsult shall not be liable for any and all damages resulting from such illegal purpose or activities.
E. The Client shall not use the platform (website and app) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software, through or by the use of eConsult platform (website and app).
F. The Client shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this platform (website and app).
G. The Client shall not copy, reproduce, duplicate or otherwise exploit any information or material from the eConsult platform (website and app) for any commercial or personal purpose, including but not limited to, the conduct of any systematic or automated data collection activities such scraping, data mining, data extraction and data harvesting, etc.
3. The Platform
A. eConsult connects a Client to a registered professional for consultation through the use of in-app chat and messaging as well as video and audio technology.
B. Partner Provider’s Portal
• The professional or the Partner Provider may sign up and register in the platform (website and app).
- Specific details will be collected from the Partner Provider including information from the updated Curriculum Vitae, PRC, Roll of Attorneys, IBP and other government/ regulatory commission ID number, among others.
– This is subject to further verification by the eConsult team.
- After verification, the professional or Partner Provider’s profile will be published and may be viewable to the prospective clients.
• The professional or Partner Provider may edit his/ her corresponding profile, further stating the details of his/ her profession and preferred schedule for consultation.
• The schedule of the professional or Partner Provider will be published in the platform (website and app).
C. Client’s Portal
• The Client may sign up and register as a Client in the platform (website and app).
- Details will be required from the client.
- An email verification will also be sent before the client may be allowed to browse through the platform (website and app).
• The Client will then be able to choose the specific service he/she wishes to avail of.
- Apart from the specific service, he/she may also choose the specific professional or Partner Provider, depending on the professional’s profile and credentials published in the same.
• After choosing the service and the Partner Provider, he/she will then choose the preferred schedule.
- The schedule will also be based on the posted schedule of the Partner Provider.
• After the appointment has been set, the Client will then be redirected to the payment platform (website and app) where he/she will be required to pay for the professional fee of the chosen Partner Provider.
D. Once the consultation schedule has been set and the fee has been paid and verified, the professional and the Client may be able to privately communicate with each other through the in-app messaging or chat box and the corresponding video and audio technology.
E. Information provided by the Client and the Partner Provider during the consultation will be kept private and confidential between the parties.
4. The Services
eConsult offers different professional services that the Client can choose from depending on their request, this includes:
A. Medical
B. Legal
C. Taxation
D. Finance
E. Business Development
F. Divination
G. Fitness
H. Arts
I. Others
eConsult merely provides the platform (website and app) where the professional or Partner Provider and Client will communicate with each other. All information disclosed will be kept private and confidential between the parties.
A. The Process of Availment of Services
• In order to avail of the services of the platform (website and app), the Client will be asked to complete the account by providing his/ her personal information.
- All or part of the information provided may be displayed in his/her profile.
- The aforementioned user’s profile will be used to contact and connect him/her with the chosen professional or Partner Provider.
• After the creation of the Client’s account, he/she will now be able to choose the specific service he/she seeks to avail and the specific Partner Provider he/she wishes to consult with.
- Upon viewing the Partner Provider’s profile, Client will be allowed to set an appointment depending on the availability of the Partner Provider.
- The Client will be redirected to a payment platform (website and app) in order to confirm the appointment.
• After payment and verification, the schedule will be set, and the appointment time will be blocked off the profile of the Partner Provider.
• During the whole duration of the consultation, the Partner Provider, whenever necessary or required for the professional service availed of, may:
- Collect history;
- Render professional advice;
- Recommend the conduct of additional services (diagnostic and laboratory tests for medical and fitness, etc.)
- Prescribe medication or any type of prescription depending on the service availed of;
- Provide follow-up care or follow-up service, as may be necessary;
- Refer the Client for additional professional and legal services, as may be necessary.
• During the date and time of the appointment, whatever will be disclosed to the Partner Provider and the Client will be kept private and confidential.
- Authorized Staff and employees of eConsult will be able to access such information. These personnel are obliged to keep the confidentiality of the consultation as stipulated in the non-disclosure agreements they sign.
- If the Client and Partner Provider availed of the video technology, the video will not be recorded and no other person besides the parties are able to access the same.
- Chat messages and image sent via eConsult platform (website and app) is saved in the servers that will form part of HISTORY of both the Partner Provider and the Client.
B. Role of eConsult and its registered Professionals or Partner Providers
Client agrees to timely pay all amounts due and owing pursuant to the services availed or to be availed of through the eConsult platform (website and app).
No refunds will be given after an online consultation has been performed or when Clients cancel at least (two) 2 days before the confirmed schedule of consultation. Charges for services will automatically be reversed in the event that a cancellation was made on time or when no confirmed consultation happened, with cancellation fees to borne by the party that initiated the cancellation. Applicable refunds may be made to correct any mistake in charging a client’s account. Should this occur, users may email [email protected] for any refund concerns.
C. Role of eConsult and its registered Professionals or Partner Providers
eConsult, along with its registered professionals and Partner Providers, only provides the technology platform (website and app) that allows the connection and communication of clients to registered professionals or Partner Providers with the use of in-app messaging and video and audio technology. In no case shall there be a professional-client relationship involving eConsult and the Client, it being completely understood that the rendition of professional service shall be the sole responsibility of the Partner Provider.
All types of service provided, including the giving of professional advice, are rendered by the registered professionals themselves.
eConsult, together with Ananta Solution Corp., is in charge of vetting the qualifications and credentials of the professionals. Interested professionals (medical doctors, lawyers, accountants, feng shui experts, artists, etc.) are asked to fill in an application form and submit relevant documents and certificates, including:
• Updated curriculum vitae;
• PRC, Roll of Attorneys/ IBP number and other relevant government/ regulatory commission ID;
• Certificate of Graduation from the professional school;
• Diploma or other subspecialty certification, as applicable;
• BIR TIN ID Number;
• Other relevant information, as deemed necessary.
The application and documents will be reviewed by the appropriate team; the same team will be in charge of verifying all relevant and necessary information. A positive review will then result to the publication of the profile of the professional; only then will their profile be visible to prospective user or client.
eConsult is not engaged in the respective professional’s businesses and eConsult shall NOT be construed as a medical, legal, art business. Accordingly, the advice given and rendered by the registered professional on eConsult shall not be deemed as that of eConsult or Ananta Solution Corp.
Lastly, eConsult shall not be construed as an employer or superior of the registered professional. Nothing in this Agreement shall be interpreted as creating an employer-employee or principal-agent relationship between the registered professional and eConsult.
D. Disclaimer on Professional Advice rendered through eConsult
All professional advice, including the giving of medical, legal, artistic advice, are rendered by the registered professionals or Partner Providers.
The registered professionals or Partner Providers are SOLELY responsible for the professional advice given to the Client, in compliance with all the requirements applicable to his/ her practice of profession.
The Client acknowledges that the use of the platform (website and app) is at their sole risk, and that Client assumes full responsibility for all risks associated therewith.
eConsult provides information to its registered professionals/Partner Providers in an “as is” and “as available” basis, without any warranty whatsoever, whether express or implied. eConsult makes no express warranties or guarantees about its registered professionals/Partner Providers.
To the extent permitted by law, eConsult disclaims implied warranties – including any warranty that the service is or will be merchantable, or of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
eConsult does not guarantee that its registered professionals, the Partner Providers, or their recommendations and professional advice will meet ALL your requirements, is error-free, reliable, accurate, timely, useful, adequate, complete or suitable, or that defects (if any), will be corrected.
In line with this, the Client further understands and agrees to assume potential risks associated with the use of eConsult, such as, but not limited to the following:
• In some instances, the information that Client has provided may not be sufficient for the registered professional to provide the appropriate professional recommendation and advice;
• Delays in assessment and advice could occur due to failure of the electronic systems;
• In some instances, Client’s failure to provide accurate and/or complete professional records to the registered professionals may result in adverse reactions or other judgment errors;
• Client may expect the anticipated benefits from the use of the professional advice or recommendation provided by the registered professionals, but that no results can be guaranteed or assured;
• The registered professional, in his or her sole discretion and professional judgment may determine that his/her professional information or professional services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide his/her professional information or professional services to the Client through eConsult.
• Temporary interruptions in service may occur in connection with the use of eConsult.
5. Client’s Eligibility Requirements and Warranties
By using eConsult, the Client is accepting the terms and conditions contained herein and warrants the following:
• The Client understands that eConsult is merely a platform (website and app) that connects registered professionals or the “Partner Providers” and persons seeking professional service and recommendation or the “Clients”; thus, the use of or availment of professional services through eConsult does not create a relationship between the Client, on one hand, and eConsult on the other.
- The Client understands that the relevant professional may charge a fee for the services they render through eConsult, which shall be paid through eConsult’s payment platform (website and app) and mechanism;
• The Client understands that the professional-client relationship lasts for the duration of the online consultation, unless follow-up consultations are done with the registered professional;
• The Client understands that the use of video and audio technology to deliver professional services is a new technology and may not be equivalent to a face-to-face consultation;
• The Client acknowledges that the information shared through the in-app messaging as well any communication are kept strictly private between client and the professional.
- Such information may, however, be recorded by the professional outside the eConsult platform (website and app).
• The Client understands the nature, purpose, and limitations of online consultation, as well as the risks involved.
- The Client acknowledges that no guarantee or assurance has been and can be made as to the results or outcome of the professional advice given to client;
- The Client acknowledges that they are aware that the eConsult platform (website and app) is not made available for use of patients with medical conditions that are emergency by nature. For medical emergencies, contact or proceed to the hospital nearest you.
• The Client will answer questions about their issues and concerns openly, accurately, and completely, knowing fully well that the failure to do so may compromise the quality of the professional assessment, advice and recommendation given to the Client.
- The Client further certifies that the information that he/she has disclosed to the registered professional on the eConsult platform (website and app) are true and accurate;
• The Client understands that a percentage of the fees paid to the Partner provider shall be used to pay the eConsult platform (website and app).
• The Client shall hold eConsult, its partners, and employees free and harmless from and against any and all losses, liabilities, claims, damages, actions, suits (whether by law or equity), fees, costs and expenses and the like arising, directly or indirectly, out of or in connection with the use of eConsult platform (website and app) or the professional advice of the registered professional on eConsult.
6. Client's Obligations
• The information the Client provides in the platform (website and app) shall be the professional or Partner Provider’s basis for the professional advice to be rendered. Any information provided are presumed to have been entered, provided or authorized by the client. Therefore, the client is responsible in providing accurate information in creating its eConsult account and the entry of the information required by the platform (website and app) as well as the professional or Partner Provider.
- Since the Client warrants that all information provided before eConsult are true, complete and accurate, once the registered professional or Partner Provider has rendered the professional advice or recommendation, the client may not be allowed to revoke whatever previous information he/she has disclosed unless the Client books another appointment for this purpose.
• The Client, or any representative it gives access to log in its credentials in eConsult, shall be solely liable for any and all incorrect or inaccurate entries in eConsult. The Client takes full responsibility for any and all actions taken by its representative. eConsult shall not incur any liability for the use of the platform (website and app) by Client or his/her representative.
• The Client ensures that the details and information it provided are accurate. eConsult will not be held liable for incorrect information provided by the Client nor will it be liable for incorrect or inaccurate professional recommendation brought about by incorrect or erroneous details and information provided.
• The Client is aware and agrees that the Partner Providers’ recommendations, instructions, and or advices, among others, are not eConsult recommendations, instructions, or advices, nor shall eConsult and its Company, Ananta Solution Corp. be made responsible or liable therefor. As such, the Client agrees that eConsult, Ananta Solution Corp., its stockholders, directors, officers, and employees will not be held liable for any form and type of communication, be it instructions, recommendations, prescriptions, and advices among others received by Client from the Partner Provider.
• The Client agrees to receive communications or push notifications from eConsult or Ananta Solution Corp. via e-mail, SMS, phone call, or mail in the contact details provided by the Client. Any communication sent shall be deemed to have been served and received by the Client.
- eConsult shall not be liable for any damage caused by the inability of Client to receive any communication.
- Push notifications or reminders will be sent regularly to all the Clients of eConsult, including new communications or announcements from the professionals, updates about the eConsult services, or introduction of services from partner companies that eConsults deem helpful to clients.
- Client may email eConsult at [email protected] at any time should he/she wish to be taken out from the list of push notifications.
• In availing of the service of eConsult, the Client agrees to use secure and non-public personal devices and equipment to conduct consultations and transactions or avail of the services provided; as such, the Client shall be solely responsible for procuring and/or securing the same.
- This requirement is necessary for the protection of the Client and the information provided by it and designed for the purpose of reducing the likelihood of illegal intrusion, access, modification, and damage to systems and records.
• All recommendations or prescriptions, as necessary or professional forms filed using eConsult platform (website and app) may be recorded electronically.
- The Client shall also be given an access to such via the platform (website and app) on their transaction history tab when they log in to their eConsult App account.
7. eConsult’s Obligations
• eConsult shall. Be made available only to Clients who abide by the Terms and Conditions of this Agreement, eConsult reserves the right to suspend, limit, deny, or terminate the service to the Client who is unable to provide accurate and current information, acts as a nuisance to the platform (website and app), recruits Partner Providers to other consulting or live streaming apps, and unable to settle existing and outstanding obligations.
• Recognizing that eConsult’s registered professionals or Partner Providers will be using the information provided by the Client and render professional advice based on the same, eConsult shall take all reasonable effort to make the information given by the Client available to the professional or Partner Provider in a timely manner.
• eConsult will only process requests to confirm an appointment or schedule after the fee has been paid and settled by the Client. Non- payment within 30 minutes after choosing the schedule will result to forfeiture of the said schedule.
eConsult does not guarantee that a professional consultation through an ICT facility is the appropriate course of action your professional or medical needs, problem or concern. eConsult will take commercially reasonable precautions to protect against the failure of our equipment and software.
8. Waiver of Liability
A. Client acknowledges and agrees that eConsult is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall eConsult 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.
B. The Client further acknowledges and agrees that, eConsult and its registered professionals, also known as Partner Providers, may perform regular back-ups of all data stored. eConsult shall have no liability to the Client in the event all data is lost or destroyed. The Client acknowledges and agrees that in the event of the restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of eConsult.
C. Partner Providers or registered professionals are not employees of eConsult and they are directly and solely responsible for the quality and appropriateness of the professional recommendation and professional services they render directly to the Client.
a. eConsult disclaims all liabilities for the acts or omissions of any professional or Partner Provider providing professional recommendation or professional service to customers of eConsult.
b. eConsult makes no representation or warranty as to the content of any professional recommendation or professional service response from any registered professional.
c. As such, the Client shall hold eConsult, its developer and operator, Ananta Solution Corp., its stockholders and their heirs, its officers, directors and employees, its third-party providers, and suppliers, free from any and all claims of liability, which might result from the
D. In no event shall eConsult, Ananta Solution Corp. or any of its stockholders, directors, officers and employees, be liable to the Client for any damage or loss arising out of or in any way connected with the Client’s use of the platform (website and app) – whether such liability is under Contract, Tort, or otherwise.
E. The Client understands and acknowledges that eConsult is not engaged in the practice of profession of the professionals registered in the platform (website and app). eConsult is and will remain to be a platform to be utilized for the online consultation between the Partner Provider and the Client.
F. The service that eConsult provides is limited and such may cause damage to the Client.
a. By using the platform (website and app) notwithstanding such warning, the Client agrees to assume any and all risks and waives any and all claims against eConsult, which may arise from the Client’s own assumption of risk.
b. By using eConsult, the Client understands and agrees that it is engaging in an activity that involves risk of serious and severe social and/or economic losses, including but not limited to, the payment of fines, issuance of sanctions or imprisonment, and that there may be other unknown risks not reasonably foreseeable at this time.
c. The Client assumes all the foregoing risk and accepts personal responsibility and the resulting financial obligation for the damages following such serious and severe social and/or economic losses.
G. The Client hereby waives all rights and claims against, and releases, discharges, and pledges not to sue eConsult based on the foregoing. The Client holds eConsult free from any and all liability from the service that it has provided to the Client and the Client shall not institute any suit or proceeding against eConsult, Ananta Solution Corp, or any of its stockholders, directors, officers, employees or agent for any and all damage that may be caused to or by the Client or to any third persons.
H. Ananta Solution Corp., including its stockholders, officers, directors and employees shall not be liable for any indirect or consequential liability arising out of or in any way related to your use of the platform (website and app).
9. Intellectual Property
Ananta Solutions Corp. is the owner of the data, materials and information presented on the eConsult platform (website and app), including but not limited to logos, graphics, documents, write-ups, trademarks and other intellectual property.
Only when expressly allowed by Ananta Solutions Corp, may the contents on eConsult be downloaded on a non-exclusive, limited, non-transferable, royalty-free basis and shall not be used to lease or sell, any or all portions of the material distributed in violation of the Ananta’s copyright.
All other rights are reserved by Ananta Solution Corp. Copyright and trademark infringement are violations of Intellectual Property Laws of the Philippines and subject to criminal and civil penalties.
10. Confidentiality and Data Handling
eConsult shall ensure the privacy and confidentiality of all Client information.
Ananta Solution Corp. shall own the data on the eConsult platform (website and app). Ananta, including its parent, subsidiaries, affiliates, and their respective representatives and agents and eConsult’s registered professionals and Partner Providers are all committed to implementing safeguards to protect the Client’s privacy and in keeping the personal data safe and secure in accordance with the provisions of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, its Implementing Rules and Regulations, and the existing Memorandum Circulars and Advisories issued by the National Privacy Commission.
In line with the Client’s right to be informed that the personal data will be, or were collected and processed, eConsult urges you to read the contents of the PRIVACY POLICY FOR CLIENTS.
In addition, the following is stated, posted and published in this page:
In compliance with the requirements of the Data Privacy Act, eConsult would like to obtain your consent on the processing and sharing of your personal data relevant to your professional consultation and transactions on eConsult. Collection of information shall start at the time of registration in the eConsult platform (website and app) and shall be subsequently undertaken at different points of the professional services provided to you as the Client.
Personal data may include name, age or birthdate, gender, address, mobile number, e-mail address of Client and the professional service the Client seeks to avail.
eConsult shall implement reasonable and appropriate security measures to maintain the availability, integrity, and confidentiality of personal data and are intended for the protection of personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing.
In case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, your personal data, eConsult or Ananta will inform you of the breach without undue delay, including a summary description of the potential impact and a recommendation on measures to mitigate the possible adverse effects of the breach.
You may, at any time, cease to use eConsult, and request for the erasure and blocking of your data by emailing our Data Protection Officer at [email protected]
Client’s Acknowledgement Clause
1. The information I provided is true, complete, and accurate.
2. I am aware of my rights in relation to my personal data, including the right to access and correction, and the right to object to the processing of my personal data. I may visit www.privacy.gov.ph to learn more about my rights.
3. I am aware that I can refer to eConsult’s PRIVACY POLICY FOR CLIENTS.
4. For more information. I am also aware that for questions or concerns, I can contact eConsult’s Data Protection Officer through [email protected].
5. I understand that the data I provided, as well as data in relation to my professional online consultation will be owned and may be retained by eConsult.
a. By becoming a user of eConsult and by submitting the information requested, I allow eConsult to manually and digitally process, collect, access, use, store, consolidate, and disclose my personal data for legitimate purposes, which are to: (a) provide professional services , (b) aid in historical, statistical, or scientific purposes for the quality improvement of services, (c) adhere to internal policies and procedures, and/or (d) comply with reporting obligations to governmental authorities under applicable laws and regulations.
6. I am aware that my personal data will be retained only for as long as necessary for the fulfillment of the purposes for which data was obtained, or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law. It shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure.
7. I acknowledge that my personal data will not be shared with third parties unless (a) with my consent or when expressly authorized and/or permitted by law, and (b) with the Partner Providers specified who have agreed to ensure the confidentiality and security of my personal data.
Understanding the purposes for which sharing is necessary, I consent to the sharing of my personal data in accordance with the PRIVACY POLICY FOR CLIENTS
8. Further, I consent to the sharing of my personal data to the marketing team of eConsult and its affiliates for the continuous enhancement of experience and delivery of quality professional services.
9. Should I wish to unsubscribe from any of the above, I understand that I may communicate the details of the said request to [email protected]
10. I consent that the conversation as well as video and audio of my consultation through eConsult with the registered professional may be recorded for safety and legal purposes.
11. I wish to receive a summary of the consultation that I availed of through SMS, mobile app, and email.
I have read this form, understood its contents, and consent to the processing of my personal data.
I understand that my consent does not preclude the existence of other criteria for lawful processing of personal data, and does not waive any of my rights under the Data Privacy Act, its IRR, and other applicable laws.
10. Non-Assignability Clause
As a General Rule, the Client’s account is non-transferable. The Client shall not assign or transfer any or all of its rights and obligations hereunder to any third party. Exception to which is if the transfer or assignment has prior written consent of eConsult.
Any violation of this Agreement shall be sufficient ground for eConsult to cancel or terminate this Agreement with the Client, at its own initiative, without need of judicial action.
Nevertheless, the platform (website and app) shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required.
11. Changes to the Terms of Use
eConsult may change the provisions of this Agreement at any time. You can review the most current version of the Agreement by clicking on eConsult’s “Terms and Conditions” link on the platform (website and app).
If you continue to use eConsult after the 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.
12. Effectivity
This Contract shall take effect upon acceptance thereof by the parties.
The continued use and availment of services of eConsult by the Client shall be construed as his/ her acceptance of the Agreement.
13. Force Majeure, Government Actions and Similar Acts
eConsult shall not be liable for any and all damages arising from or as a consequence of its inability to perform its obligation to the Client in the event of any of the following:
A. Force majeure including but not limited to typhoons, earthquakes, floods and volcanic eruptions;
B. Government actions or declarations;
C. Health and safety reasons as may be declared by the government; or
D. Other acts of man such as invasion, rebellion, riots, strike, cyber-attacks or other similar circumstances.
If either party considers that any circumstance of Force Majeure has occurred which may affect the performance of its obligations under this Agreement, the affected party must notify the other party in writing of such event within five (5) calendar days after its occurrence.
eConsult and Ananta Solution Corp. shall not be held liable for any delay and/or failure to perform any part of this Agreement due to fortuitous events or events of Force Majeure or circumstances beyond its control which directly prevents it from performing its obligations hereunder, provided that eConsult undertakes to perform all acts as it is reasonable to do to minimize the impact of such events on the performance of this Agreement.
14. Entire Agreement
These Terms, including any legal notices and disclaimers contained on the platform (website and app), constitute the entire agreement between eConsult and the Client in relation to the use of the platform (website and app), and supersede all prior agreements and understandings with respect to the same.
15. Language
Both parties have asked and agreed that this Agreement, and all documents relating to this Agreement (including but not limited to the attachments to this Agreement) be drafted in the English language.
Both parties fully understand the English language and have a full and complete understanding of the contents, effects, and consequences of this Agreement, and the parties acknowledge they have had the opportunity to consult with a lawyer of their own choosing in deciding whether to sign this Agreement. The English language version of this Agreement and all related documents will be the official and binding versions, even if the parties also have copies translated into another language. Should only the non-English translation of this Agreement be required to be submitted to any governmental authority in the territory, the translation shall be binding upon both parties solely with respect to such governmental authority.
As between the parties, the English language version shall prevail and be binding in all circumstances.
16. Finality Clause
In case of ambiguity, the decision of Ananta Solution Corp. on the interpretation of any term contained in any document or in the evaluation of documents and other services shall be final and binding on all parties concerned.
17. Relief and Remedy Clause
Should there be any dispute or controversy in connection with this Agreement or difference between the Client and eConsult arising from the interpretation of this Agreement - the Client and the eConsult through Ananta Solution Corp. shall, as far as practicable, settle the same amicably at headquarters or main office, or in any place at the convenience of the parties.
In the event that such dispute or disagreement be not resolved to their mutual satisfaction, the matter shall be submitted to the proper court/agency for arbitration; provided, however, that the arbitration proceedings shall be without prejudice to the right of Ananta Solution Corp. to rescind or terminate this Agreement, as provided herein.
Should eConsult or Ananta Solution Corp. be constrained to resort to or defend a court action to enforce, protect or safeguard its rights and interests under this Agreement, eConsult or Ananta Solution Corp. shall be entitled to attorney’s fees in an amount equivalent to Twenty Percent (20%) of the total sum claimed in the complaint, exclusive of other damages and the expenses of litigation.
18. Governing Law and Venue
This Agreement shall be governed by and interpreted under the laws of the Republic of the Philippines.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination shall be referred to and finally resolved by litigation in the proper court sitting in Quezon City, Philippines to the exclusion of all other tribunals.
By virtue of this Agreement, the parties irrevocably waive:
A. Any defense of improper venue which any party may now or hereafter have, as well as to the enforcement of the judgment of said courts;
B. Any objection to the laying of the venue in the courts of Quezon City, Philippines; and
C. Any claim that the dispute has been brought in an inconvenient forum.
Each party hereto submits itself and its property to the jurisdiction of the proper courts in any such action.
19. Contact Us
For any questions about this Terms and Conditions, you may send an email to [email protected]
20. Ananta Solution Corp.
Should the Client seek to inquire about our services, or the quality of service delivered at any time, he/she is invited to contact us at [email protected]