The following words will have these meaning in these Terms and Conditions unless the context otherwise specifies.
1.1. “BluEHR” is a cloud-based application (“EMR App”) which constitutes a set of features, routines, database storage, and network protocols for accessing Patient Health Data.
1.2. “BluPHR” is a cloud-based application (“PHR App”) which is a patient-facing application where patient health records can be accessed, searched and updated by the patient.
1.3. “Features” are the set of functionalities and applicable elements of the EMR App that helps Users to perform their tasks.
1.4. “User” is a doctor, nurse or medical staffer who has access credentials that allow him/her to log in, view, add, edit and update any data being captured or collected within the EMR App and stored into a database. Additional Users can be added to a Subscription depending on the availed-of package of this Contract.
1.5. “Role” is an access right given to a User to have specific permissions to perform certain actions related to the roles permission settings within the EMR App. These are, but not limited to, editing, creating and deleting, sending and uploading.
1.6. “Patient” is the subject whose data is to be captured and collected by a User. He/she is also considered a part owner of the data together with the doctor who created the health record.
1.7. “Cloud” is the term that defines the access and location of data being used by a User within the EMR App. It also refers to the “internet” or “online” which makes accessibility broader.
1.8. “Network” refers to the health information exchange of applications and services of which BluEHR is a part, whereby various health information services and providers can provide continuity of care to Patients.
1.9. “Services” are activities involving development, application maintenance, data and network management, support and training that TQHQ will provide to Subscriber during the course of the subscription as stipulated in this Contract.
1.10. “Encounter” is the specific date and time when a Patient engages the services of a User for medical consultation, procedure or confinement, assessment and advise.
1.11. “Patient Medical Record” is the set of data recorded by a User (doctor, nurse or health worker) during a particular Encounter using the EMR App. Such Record is then stored into a Database for storage and future use.
1.12. “Patient Health Data” is the complete set of health data of a Patient comprising many Patient Medical Records which can be partially or fully accessible by a User or other third party depending on the permission and action given to him/her by the Patient or User.
1.13. “Database” is the collection of Patient Health Data stored in a database server which is physically hosted in the Cloud.
1.14. “Patient Consent” is a document signed by a Patient before the recording of his/her health data. This is a requirement by DOH and NPC to allow Subscriber and TQHQ to collect, store and manage health records.
1.15. “Shared Health Data” are specific parts of a Patient Medical Record that can be shared to other Users and health providers within the BluEHR network.
1.16. “Subscription Period” is the dates covered by this subscription contract defined by a Start Date and End Date.
1.17. “Start Date” is the date of effective commencement of the Subscription Period.
1.18. “Subscription Fee” is the published set of fees for a subscription as indicated by TQHQ and agreed to be paid by the Subscriber at the Start Date.
1.19. “App URL” shall mean http://www.bluehr.ph.
1.20. “Website” isterm shall be used herein to refer to the public BLUEHR Website located at http://www.bluehr.ph, and all associated sites linked to BLUEHR through www.tqhq.ph, including all content and functionality available.
The following Terms and Conditions shall govern the use of the Service by the Subscriber.
The Subscriber (represented by the undersigned who has been duly designated and authorized by the Subscriber) has read the Terms and Conditions of these Services (also referred to herein as “Contract”). After having read the contents hereof, the Subscriber agrees to the supply of the Services under the conditions stipulated herein.
The purpose of the EMR is to allow the Subscriber to update profile, create, update, generate and share Health Records and to facilitate the sharing of individuals' health information among users of the EMR. The Subscriber may make the Health Record accessible to other users through the EMR for these purposes.
Subject to the terms of this Agreement, TQHQ authorizes the Subscriber to access the EMR and to use the Services for recording the Subscriber’s Patients’ health information and consultations, sending of email and SMS notifications and reminders to the Subscriber’s Patients, completing and sending referral forms and case records to other users of the EMR, generating of reports, and for other purposes expressly authorized in TQHQ’s policies and procedures; provided that the Subscriber may access only information pertaining to individuals with whom the Subscriber has a treatment relationship with or for whom a provider relates to for treatment has requested a professional consultation from the Subscriber, or from whom the Subscriber has received authorization to use their health information.
The Subscriber will obtain the necessary consents, authorizations or releases from individuals required for making their health information available through the EMR. Further, the Subscriber will not place in the EMR any information that the Subscriber knows or has reason to believe is false or materially inaccurate. Under no circumstances shall TQHQ be liable for third party claims for the Subscriber’s violation of the foregoing, nor shall TQHQ be liable for any direct, incidental, special, consequential, indirect or punitive damages that results from the same.
With the Subscriber’s consent, TQHQ will make the Health Records for any Patients the Subscriber designates accessible to any other User of the EMR whom the Subscriber approves. The Subscriber may revoke its consent with respect to any other User at any time. While its consent is in effect, an approved User may view and edit the Health Record. If the Subscriber revokes its consent, the approved User will continue to have the ability to view the Health Record in the form in which it existed at the time the Subscriber revoked its consent, but will not be able to view changes made to the same thereafter, and will not be able to edit the same. The same rules apply to a Subscriber’s use of another User's record who approves access for that Subscriber. The Subscriber and its workforce are fully responsible for the information in any Health Record that they share. The Subscriber and/or its Workforce should not share Patient information that violates any state laws, such as a positive HIV test result. In the future, TQHQ may allow the Subscriber to share only subsections of a Health Record or may allow a referee to share the Health Record with others. In either case, TQHQ will obtain the Subscriber’s consent before allowing the use of such features. In any event, but especially in cases of potential fraud, misuse and/or abuse of the EMR, TQHQ reserves the right, in its sole judgment, to revoke, remove, cancel or deny continued access to any Health Record or any request to share such Health Record, subject to providing Subscriber requisite notice as set forth in Article 3.5 of the Contract.
The Subscriber will be solely responsible for the use of the EMR by it and its authorized representatives, and shall indemnify TQHQ and hold TQHQ harmless from any claim, cost or liability arising from such use, including reasonable attorneys' fees.
Both Parties will comply with all applicable laws, including laws relating to maintenance of privacy, security, and confidentiality of patient and other health information, that are provided in the Health Records.
The Subscriber may permit access to the Health Record by health care providers and their business associates for treatment through the Health Record Sharing and/or Referral feature of the EMR. The Subscriber’s consent will be obtained before the Health Record is made available to other providers. The Subscriber acknowledge that once it has granted access rights to another provider, TQHQ has no control over the uses and disclosures that the provider makes of the Health Record.
The Subscriber agrees not to alter or modify any part of the EMR.
The Subscriber agrees that it will not incorporate any word in its name, Message ID or custom user title that is defamatory, obscene or profane, or which violates any trademark, EMR mark, or other proprietary/intellectual property rights of any third party, including, without limitation, those of TQHQ.
The Subscriber agrees not to use the EMR for any commercial use, without the prior written authorization of TQHQ. Prohibited commercial uses include, but are not limited to, the sale of access to the Website or EMR and the use of the Website or EMR for the primary purpose of gaining advertising or subscription revenue.
The Subscriber agrees not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the EMR or in any way reproduce or circumvent the navigational structure or presentation of the Website or EMR, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. TQHQ reserves the right to bar any such activity.
The Subscriber agrees not to attempt to gain unauthorized access to any portion or feature of the EMR, or any other systems or networks connected to the EMR or to any TQHQ server by hacking, password “mining” or any other legitimate or illegitimate means.
The Subscriber agrees not to probe, scan or test the vulnerability of the Web application or any network connected to the EMR, nor breach the security or authentication measures on the Website, the EMR or any network connected to the EMR. The Subscriber may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web application to its source, or exploit the EMR or information made available or offered by or through the Web application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Web application.
The Subscriber agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web application, the EMR, or any systems or networks connected to the EMR or to TQHQ.
The Subscriber agrees not to use any device or routine to interfere or attempt to interfere with the proper working of the EMR or any transaction being conducted on the Web application, or with any other person’s use of the Web application. The Subscriber agrees that it will not engage in any activity that interferes with or disrupts the EMR (or the servers and networks which are connected to the EMR).
The Subscriber agrees not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal they send to TQHQ on or through the Web application or the EMR offered on or through the Web application. The Subscriber may not pretend that it is, or that it represents, someone else, or impersonates any other individual or entity.
The Subscriber agrees that it is solely responsible for (and that TQHQ has no responsibility to the Subscriber or to any third party for) anyina ccuracies or errors in the Health Record that the Subscriberplaces into the EMRcreates, transmits or displays while using the EMR and for the consequences of its actionsusing such inaccurate or erroneous Health Record (including any loss or damage which TQHQ may suffer) by doing so.
The Subscriber agrees not to provide any Health Record that infringes any third-party intellectual property or publicity/privacy rights; is knowingly false, and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise violative of any law or regulation.
The Subscriber agrees to ensure that the computer/s they use to access the EMR:
do not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
are regularly updated with software updates, patches, or service packs;
are installed with an antivirus software which is always active and is regularly updated with virus updates;
do not promote piracy.
TQHQ is not responsible for any and all Health Records and for any inaccuracies in these Health Records unless it can be shown that it was caused by TQHQ through its own fault or n egligence. Therefore, the Subscriber bears the risk associated with, the accuracy, completeness or usefulness of the Health Records.
The Subscriber is solely responsible for the professional and technical services it provides.
TQHQ make no representations concerning the completeness, accuracy or utility of any informationprior to their entry or encodingin the EMR, or concerning the qualifications or competence of individuals who place such information there.Except where damage or injury can be attributed to TQHQ’s fault or negligence, TQHQshall ha ve s no liability for the consequences to the Subscriber and its Patients of their use of the EMR.
Whenever the Subscriber voluntarily discloses personal information on the EMR (e.g., on profile, through e-mail), such information can be collected and used by others. By posting personal information on the EMR that is publicly accessible, the Subscriber realizes that it may receive unsolicited messages from other parties in return.
In order to access the EMR, the Subscriber may be required to provide information about itself (such as identification or contact details including setting up a EMR ID and password) as part of the registration process for the EMR, or as part of the its continued use of the EMR. The Subscriber agrees that any registration information it gives to TQHQ will always be accurate, correct and up to date.
The Subscriber is entirely responsible for maintaining the confidentiality of its account information, including its password, and for any and all activity that occurs under its account. The Subscriber will maintain appropriate security with regard to all personnel, systems, and administrative processes used by it or its authorized representatives to transmit, store and process Health Records through the use of the EMR.
The Parties agree to notify each other immediately of any unauthorized use of Subscriber’s account or password, or any other breach of security. If the Subscriber becomes aware of any unauthorized use of its password or of its account, the Subscriber agrees to notify TQHQ immediately at email@example.com . If TQHQ becomes aware of any unauthorized use of Subscriber’s password or of its account, TQHQ agrees to notify Subscriber immediately.
However, the Subscriber may be held liable for losses incurred and damages suffered by TQHQ and/or any other user of or visitor to the Website and/or user of the EMR due to someone else using its EMR ID, password or account. The Subscriber may not use anyone else’s EMR ID, password or account at any time without permission. TQHQ cannot and will not be liable for any loss or damage arising from Subscriber’s failure to comply with such obligations.
Accordingly, the Subscriber agrees that it will be solely responsible to TQHQ for all activities that occur under its account unless it is shown that such activities are in fact somehow due to TQHG’s own fault or negligence.
TQHQ owns and retains all proprietary rights in the EMR (except Health Records which the Subscriber creates, updates, generates and shares in the EMR). The EMR contain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information owned, controlled or licensed to TQHQ, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Subscriber further acknowledges that the EMR may contain information which is designated confidential by TQHQ and that the Subscriber shall not disclose such information without TQHQ’s prior written consent.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between TQHQ and any Subscriber of the EMR, unless otherwise provided in a written agreement between TQHQ and such Subscriber.
The Subscriber may not (and the Subscriber may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the EMR or any part thereof, unless this is expressly permitted or required by law, or unless the Subscriber have been specifically told that they may do so by TQHQ, in writing. Unless TQHQ has given the Subscriber specific written permission to do so, the Subscriber may not assign (or grant a sub-license of) its rights to use the EMR, grant a security interest in or over its rights to use the EMR, or otherwise transfer or make available any part of its rights to use the EMR.
TQHQareis constantly innovating in order to provide the best possible experience for its users. The Subscriber acknowledges and agrees that the form and nature of the EMR which TQHQ provides may change from time to time upon prior notice to the Subscriber.
As part of this continuing innovation and subject to notice requirements as are indicated in Article 3.5 of the Contract, the Subscriber acknowledges and agrees that TQHQ may stop (permanently or temporarily) providing the EMR (or any features within the EMR) to the Subscriber or to users generally at TQHQ’s sole discretion. The Subscriber mayalso stop using the EMR at any time. The Subscriber does not need to specifically inform TQHQ whentheyit will stop using the EMR.
The Subscriber acknowledges and agrees that if TQHQ disables access to its account, it may be prevented from accessing the EMR, its account details or any files or other content which is contained in its account.
The Subscriber acknowledges and agrees that while TQHQ may not currently have set a fixed upper limit on the number of transmissions the Subscriber may send or receive through the EMR or on the amount of storage space used for the provision of any EMR, such fixed upper limits may be set by TQHQ at any time, at TQHQ’s discretion.
The EMR which the Subscriber uses may automatically download and install data and cookies from time to time to the Subscriber’s devices. These data and cookies are used by the EMR for enhanced and efficient functionality and may be required to allow the EMR to function faster and properly in the Subscriber’s device.
On locally-installed versions of the EMR such as mobile apps and desktop apps, there may be updates that will be downloaded and installed which are designed to improve, enhance, upgrade and further develop the EMR and may take the form of bug fixes, enhanced functions, new modules, additional security features and completely new versions.
The Subscriber permits TQHQ to download, install, deliver and install these as data and/or updates as part of its use of the EMR.
TQHQ may use the Subscriber’s server information, IP address, and browser-type related information only for the general administration of the EMR.
Once obtained, the Subscriber’s information are added to a database used only by TQHQ. TQHQ may disclose the Subscriber’s information if TQHQ in good faith believes that such action is necessary to: (1) comply with the law or with legal process; (2) protect and defend its rights and property; (3) protect against misuse or unauthorized use of the EMR; or (4) protect the personal safety or property of users or the public. (Among other things, this means that if the Subscriber provides false information or attempts to pose as someone else, information about the Subscriber may be disclosed as part of any investigation into its actions.)
TQHQ collects user-submitted account information such as names, mobile phone numbers and email addresses to identify Users and send notifications related to the use of the EMR. TQHQ also collects User-submitted profile information such as gender, age, occupation, location, etc.
TQHQ may share the Subscriber’s Health Records for the proper management and administration of the EMR and TQHQ’s business, and to carry out TQHQ’s legal responsibilities, specifically to DOH and Philhealth. TQHQ may also disclose these Health Records for such purposes if the disclosure is required by law . In so doing,, or TQHQ shall obtain s reasonable assurances fromthe recipients that the data will be kept confidential and used only for purposes required or allowed by law( such as but not limited to the courtsrequiring disclosuredue to legal actions which require medical records of a patient ) . Recipients shall also notify TQHQ of any instances wherein they become aware of any breach in the confidentiality of the information. ,such as the courts due to legal actions which will require medical records of a patient , that the records will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipients and the recipients notify TQHQ of any instances of which they are aware in which the confidentiality of the information has been breached. Without limiting the foregoing, TQHQ may permit access to the EMR by TQHQ’s contracted system developers under appropriate confidentiality agreements.
TQHQ may share profile information and aggregate data concerning the Subscriber’s patients, diagnoses, procedures, orders and the like in a non-personally identifiable manner to the Department of Health, any medical group, independent practice associations of physicians, health plans or other organizations with which the Subscriber has a contract to provide medical services, or to whose members or enrollees the Subscriber provides medical services. Such aggregate data may be made available to the said parties for purposes of health oversight activities and research. In such situations TQHQ will never disclose information that will be used to personally identify the Subscriber.
TQHQ may terminate the Contract without need of notice to or approval from the Subscriber if:
• TQHQ is required to do so by law or government regulation (for example, where the provision of the EMR to the Subscriber is, or becomes, unlawful); or
• the provision of the EMR to the Subscriber by TQHQ is, in TQHQ’s opinion, no longer commercially viable or having unexpected technical issues or problems.
TQHQ may terminate this Contract anytime without cause upon thirty (30) days prior notice to the Subscriber.
Nothing in this Section shall affect TQHQ’s rights regarding provision of EMR.
At the termination of this Contract or upon the cancellation of the Subscriber’s account, TQHQwill immediately return or delete all Health Records, whichever is preferred by the Subscriber, unless a longer retention period is required or allowed by law: Provided , thatPatients’ personal and health records will be retained and kept secure until their deletion or removal is expressly requested by the concerned patientsviathrutheir BluPHR app or portal account sor by emailing us TQHQwith sucha formal request at firstname.lastname@example.org .<INSERT PROCEDURE>. ” , TQHQ will, if feasible, return, upon the Subscriber’s written request, or destroy, all the Health Records; or, if such return or destruction is not feasible, extend the protections of this Agreement to such Health Records and limit further uses and disclosures. The Subscriber acknowledges that it will likely be infeasible to segregate the Health Records for removal from the EMR, and that if the Subscriber has approved another User to have access to any of the Health Records through Health Record Sharing and Referral, TQHQ will maintain a version of those records throughout the time the Subscriber withdraws its approval, and TQHQ will continue to make those records available to the approved (or formerly approved) referee User.
In the event of termination, Subscriber’s patients can request deletion of their health data through a formal written request to TQHQ and data will be deleted with one (1) week from the system.
TQHQ DOES NOT PROMISE THAT THE WEBSITE, THE APPLICATION OR ANY CONTENT, OR FEATURE OF THE WEBSITE AND THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SUBSCRIBER’S USE OF THE WEBSITE AND/OR APPLICATION WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, THE APPLICATION AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TQHQ CANNOT ENSURE THAT ANY FILES OR OTHER DATA FROM THE WEBSITE AND THE APPLICATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TQHQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TQHQ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE SUBSCRIBER’S USE OF THE WEBSITE AND/OR APPLICATION. THE SUBSCRIBER ASSUMES TOTALRESPONSIBILITY FOR ITS USE OF THE WEBSITE AND/OR APPLICATION. THE SUBSCRIBER’S SOLE REMEDY AGAINST TQHQ FOR DISSATISFACTION WITH THE WEBSITE AND/OR APPLICATION IS TO STOP USING THE WEBSITE AND/OR APPLICATION OR ANY HEALTH RECORDS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE SUBSCRIBER AGREES THAT ITS USE OF THE WEBSITE AND/OR APPLICATION SHALL BE AT ITS SOLE RISK.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. TQHQ’s disclaimer does not apply where the damage, liability or injury is caused directly by TQHQ’s own fault or negligence.
Subject to the provisions of Article 3.5 of the Contract, TQHQ reserves the right to do any of the following, at any time, with proper notification (1) to modify, suspend or terminate operation of or access to the EMR, or any portion of the EMR, for any reason; (2) to modify or change the EMR, or any portion of the EMR, and any applicable policies or terms; and (3) to interrupt the operation of the EMR, or any portion of the EMR, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Without prejudice to the application of the provisions on Indemnification in the Contract, Subscriber agrees to indemnify, defend, and hold harmless TQHQ and its affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) Subscriber’s use of the EMR; (b) Subscriber’s breach of any representations, warranties or agreements contained in this Agreement; (c) Subscriber’s failure to obtain the necessary consents, authorizations or releases from individuals required for making their health information available through the EMR; (d) Subscriber’s placing in the EMR any information that it knows or has reason to believe is false or materially inaccurate; (e) the actions of any person gaining access to the EMR under a User ID created by the Subscriber; (f) the actions of anyone using a User ID, password or other unique identifier created by the Subscriber that adversely affects the EMR or any information accessed through the EMR; and (g) the Subscriber’s negligent or willful misconduct, or those of its authorized representatives.
WITHOUT PREJUDICE TO THE APPLICATION OF THE PROVISIONS ON LIMITATION OF LIABILITY IN THE CONTRACT, IN NO EVENT SHALL TQHQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE SUBSCRIBER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF HEALTH RECORDS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SUBSCRIBER’S ACCESS TO AND USE OF OUR WEBSITE AND/OR APPLICATION, (III) ANY UNAUTHORIZED ACCESS OR USE OF TQHQ’s SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TQHQ’s WEBSITE AND/OR APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH TQHQ’s WEBSITE AND/OR APPLICATION BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY HEALTH RECORD OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SUBSCRIBER’S USE OF ANY HEALTH RECORD POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT TQHQ SHALL NOT BE LIABLE FOR HEALTH RECORDS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE SUBSCRIBER.
TQHQ may disclose any information it has about the Subscriber (including its identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding the Subscriber’s use of the EMR, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TQHQ’s rights or property, or the rights or property of visitors to or users of the EMR. TQHQ reserves the right at all times to disclose any information that TQHQ deems necessary to comply with any applicable law, regulation, legal process or governmental request. TQHQ also may disclose the Subscriber’s information when TQHQ determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
All matters relating to Subscriber’s access or use of the EMR, including all disputes, will be governed by the laws of the Republic of the Philippines without regard to its conflicts of laws, and provisions. The Subscriber agrees to the jurisdiction by and venue in the appropriate courts of Quezon City, Philippines, and waives any objection to such jurisdiction or venue.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees unless TQHQ is found to be at fault in such claim.
In the event of any controversy or dispute between TQHQ and the Subscriber arising out of or in connection with the Subscriber’s use of the EMR, the parties shall attempt, promptly and in good faith, to resolve any such dispute. In the event they are unable to resolve any such dispute within a reasonable time [not to exceed thirty (30) days], then either Party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
TQHQ administers and operates the https://www.bluehr.ph Website in a cloud service Amazon Web Services (AWS). Although the EMR is accessible worldwide, not all features, products or features of EMR discussed, referenced, provided or offered through or on the BluEHR Website are available to all persons or in all geographic locations, or appropriate or available for use outside the Republic of the Philippines. TQHQ reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or EMR to any person or geographic area. Any offer for any feature, product or EMR made on the EMR is void where prohibited. If the Subscriber chooses to access the EMR from outside the territory of the Republic of the Philippines, it does so on its own initiative and it is solely responsible for complying with applicable laws.
Any feedback the Subscriber provides at TQHQ’s Website shall be deemed to be non-confidential. TQHQ shall be free to use such information on an unrestricted basis.