TERMS AND CONDITIONS FOR HEALTHCARE PROVIDERS:
The entity mercatan is a primary care aggregator platform that offers telemedicine
consultations, clinic and diagnostic testing booking, and liaison to ambulance services. By
registering to the platform, you (the “Licensed Physician”) agree to the following terms and
conditions (the “Agreement”).
- How mercatan Works.
-
The web-based application mercatan is an online platform for licensed healthcare
institutions and licensed physicians who offer telemedicine consultation services.
The platform mercatan connects a patient to a licensed physician for consultation
through the use of video conferencing technology. Once a patient requests for a
telemedicine consultation, the mercatan system will match the request with an
available licensed physician.
The licensed physician then shall:
- gather clinical history;
- generate a treatment plan;
- provide medical advice;
- request diagnostic procedures as may be necessary;
- prescribe medications as may be necessary;
- incorporate follow-up care, as may be necessary; and
- provide referral to another physician of other specialization, clinic, or hospital, as may be necessary.
- Diagnostic Testing Booking and Clinics
The platform mercatan allows users to schedule an appointment for outpatient
services through its partner clinics and mobile laboratories.
- Ambulance Services
The platform mercatan allows users to connect to member Ambulance Service
Providers of their choice. Once a user chooses to select a particular ambulance
service provider through the platform, the mercatan system transmits the selection
to the designated ambulance service provider to make the connection and enable
the user to gain access to the selected service.
Once a selection of ambulance service is placed, the platform shall:
- review the details (eg. name, age, etc.) of the person/s who will be availing the
particular ambulance service, review the condition and concern or reason for
availing the particular ambulance service, and the destination;
- connect the user to the selected ambulance service provider;
- trigger and facilitate the connection between the user and selected ambulance service provider.
- How Referral is Done.
A referral is necessary when the appropriate level of care cannot be provided via
telemedicine consultations. Depending on the care needed by the patient, referral of patients
will be categorized into three (3) groups: (1) Non-Emergent Out-patient, (2) Emergent, and (3)
any Critical Viral Infection such as COVID-19.
Non-Emergent Outpatient.
- Patients for telemedicine consultation who have non-life/limb threatening
conditions and need further care will be referred to the nearest clinic or hospital.
The patients will be given proper instructions and the contact details of the clinic or
hospital nearest to them.
- Licensed physicians will provide the proper documentation that will indicate that
they have given advice to and have properly referred the patient to the clinic or
hospital nearest to them.
Emergent.
- Patients for telemedicine consultation who have life/limb-threatening conditions
and need further care will be referred to the emergency room or hospital nearest to
them.
- Licensed Physicians will provide the proper documentation that will indicate that
they have given advice to and have properly referred the patient to the nearest
Hospital Emergency Room.
Critical Viral Infection
Patients for telemedicine consultation who are suspected to have any critical viral
infection such as any COVID-19 symptoms will be advised to self-quarantine and will
be reported by the physician to the appropriate Regional or City Epidemiological
Surveillance Units (RESU or CESU), in coordination with the relevant local
government unit. Patients suspected to have COVID-19 symptoms will be flagged in
the system, and submitted to the Department of Health (“DOH”) COVID-19
Emergency Operations Center through email at [email protected] with the
pertinent details of the report.
- Coordination of Care.
The coordination of care for mercatan covers the non-clinical functions inherent in the
referral process. Specifically, mercatan will ensure that adequate information will be provided
to referred patients in the coordination of their care. This is done by ensuring updated and
relevant information in line with DOH standards, as well as safeguarding patient data privacy.
- The Role of mercatan and its’ Partners.
The platform mercatan, along with its Partners, only provides the technology that allows
the access of patients to licensed physicians with the use of video technology, scheduling of
appointment requests with clinics and mobile laboratories, as well as work as liaison for
ambulance service providers. All healthcare and medical services, including the giving of
medical advice, are rendered by licensed physicians.
The proprietor of mercatan operates the mercatan platform, and is in-charge of vetting
the qualifications of the physicians. Interested physicians are asked to fill-in an online
application form and submit relevant documents and information, including, (1) updated
Curriculum Vitae, (2) PRC License, (3) Certificate of Graduation from Medical School, and (4)
Diplomate and/or Subspecialty Certification, when applicable, and (5) Bureau of Internal
Revenue (“BIR”) Tax Identification Number, and (6) BIR value-added tax registration, when
applicable. The application and documents will be reviewed by the onboarding team, who will
then schedule an interview with the physician to verify qualifications. A positive review by the
onboarding team will grant the physician access to the mercatan platform to offer video
consultations, with the guiding principle that the consultations be done in accordance with the
laws, rules, regulations, and all issuances applicable to the practice of medicine and DOH Rules.
The entity mercatan is not engaged in healthcare business, and mercatan shall not be
construed as a medical services business. Accordingly, the medical advice rendered by the
licensed physicians on mercatan shall not be deemed as that of mercatan.
- The Licensed Physician’s Role.
The Licensed Physicians shall be solely responsible for the medical advice, diagnosis
and/or treatment plan given to the patients, in compliance with all requirements applicable to
his or her exercise of the medical profession. The Licensed Physician, in his or her sole
discretion and professional judgment, may determine that his/her medical information or
healthcare services are not appropriate for some or all of the patient’s treatment needs and,
accordingly, may elect not to provide medical information or healthcare services over
telemedicine, but refer you for in-person consultations, as may be necessary.
- Scope of Rendered Services.
The Licensed Physician agrees to:
- Be available for telemedicine consultation during the hours set by the Licensed
Physician through mercatan or anytime the Licensed Physician deems he or she is
available, and until such time that he or she notifies mercatan that he or she is
unavailable for consults via the online chatbox within the mercatan platform or via
email addressed to _________;
- Once matched with a patient and after accepting the invite from mercatan, render
telemedicine services to the users of mercatan, including the following:
- to provide telemedicine services and related services to (a) a patient or (b) an
individual representing and aiding a patient, who are seeking healthcare through
mercatan, in accordance with the applicable laws, issuances, and rules and
regulations relating to the practice of medicine and the use of telemedicine
consultation;
- to conduct the telemedicine consultation with the patient through desktop,
laptop, or mobile smart phone;
- to record video and audio telemedicine consultation with the patient;
- to not delete and/or alter the video and audio recording of the telemedicine
consultation;
- to issue documents like electronic medical certificate, consultation summary,
and/or referral form (if applicable) for (a) the patient or (b) an individual
representing and aiding a patient;
- 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
- to provide referrals through mercatan to other specialists, healthcare facilities,
laboratory services as deemed necessary for the continuous care of the patient
- To abide by the Terms and Conditions of mercatan.
- Guidelines in the Conduct of Telemedicine Consultations.
In the conduct of telemedicine consultations, the Licensed Physician shall abide by the DOH
Rules, and the following guidelines:
- He or she shall follow the standards of practice of medicine as defined under
Republic Act No. 2382, its Implementing Rules and Regulations, and other applicable
policies and guidelines, taking into account the absence of physical contact;
- In the event that the consultation involves an emergency or a serious condition
where face-to-face assessment and physical contact are most essential, the Licensed
Physician shall advise the patient that telemedicine consultation is not appropriate
under the circumstances, and shall refer the patient to their nearest hospital
emergency room;
- The Licensed Physician shall provide an electronic medical certificate, consultation
summary and/or referral form (if applicable) about each patient within twelve (12)
hours from each telemedicine consultation. Such electronic medical certificate,
consultation summary, and/or referral form shall include the following:
- Patient information (Name, Age, Birthdate, Sex, Address, Email-Address, Mobile
Number);
- Brief clinical history and physical examination from what can be observed by
inspection by video camera;
- Travel and exposure history (for COVID-19 screening);
- Diagnosis/assessment; and
- Plan of management;
- The Licensed Physician shall issue e-prescriptions when necessary, in accordance
with the e-Prescription Rules;
- The Licensed Physician shall agree to record all electronic medical certificates,
consultation summaries, e-prescription, and/or referral forms issued using
mercatan, including recording the actual telemedicine consultation;
- The Licensed Physician shall, at all times, ensure that patient confidentiality, privacy,
and data integrity are not compromised; and
- The Licensed Physician is aware that mercatan may be required by the DOH to
submit to the said government agency relevant data of patients for telemedicine
consultation who are suspected to have COVID-19, and Licensed Physician agrees to
the submission of the following personal data required by the DOH.
-
The Licensed Physician who is a Partner-Doctor shall issue an official receipt for
service rendered to their patient; provided that, a written request for the issuance
of such official receipt has been made by the patient, as applicable;
- Compensation and mercatan Fees.
The Licensed Physician who is a Partner-Doctor confirms and acknowledges that:
-
He or She will be compensated by the patient for rendering the telemedicine
consultation services in mercatan based on the professional fee indicated in his or
her user profile in mercatan. The Partner-Doctor hereby authorizes mercatan to
collect payments for Professional Fees from the patient on behalf of the Licensed
Physician. In the event the patient requests for an official receipt for the
telemedicine consultation services availed of, the Partner-Doctor shall issue the
same in accordance with the Partner-Doctor Engagement;
-
The proprietor of mercatan through the platform mercatan shall deduct, from the
Professional Fees, the Service Fees for the Partner-Doctor’s use of the mercatan
platform as agreed and consented to by the Partner-Doctor in the Partner-Doctor
Engagement for the Professional Fees in mercatan. The Partner-Doctor Engagement
is deemed incorporated in the terms and conditions of this Agreement.
-
The entity mercatan shall withhold the necessary withholding taxes from the
Professional Fees in accordance with the prevailing laws and regulations. The
proprietor od mercatan 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 Licensed Physician
The Licensed Physician who is a not a Partner-Doctor and is rendering his or her telemedicine
consultation services pursuant to a contractual agreement with other healthcare institution, as
applicable, confirms and acknowledges that their compensation for teleconsultation services
rendered through mercatan shall be governed solely by their respective contractual agreement
with the relevant healthcare institution.
- Term of Agreement.
The engagement of the Licensed Physician shall commence from the time of registration
on the mercatan platform and acceptance of these Terms and Conditions or Agreement, and
shall be terminated upon notification to mercatan that he or she is opting out of the platform
via electronic mail addressed to _________(email address)_________ (the “Term”).
- Representations and Warranties.
The Licensed Physician represents and warrants to mercatan that:
-
He or she is duly licensed to practice medicine in the Philippines, is in good standing
with the Professional Regulation Commission, and has a valid diplomate and/or
subspecialty certification, when applicable;
-
He or she shall, at all times, comply with the rules and regulations applicable to the
practice of medicine, including but not limited to 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 medical
practice, including but not limited to, the policies of the Philippine Medical Association,
DOH, Philippine Health Insurance Commission, Professional Regulation Commission, and
Specialty Societies governing the Licensed Physician, and which, in good faith, he or she
believes is best to enable him or her to perform his or her medical practice; and
-
He or she shall comply with the rules, regulations, and policies issued by mercatan.
- No Employer-Employee Relationship.
Nothing in this Agreement shall be interpreted as creating an employer-employee or principal-
agent relationship between the Licensed Physician and mercatan, and that he or she shall be
responsible for his or her respective obligations under this Agreement.
- No Subcontracting.
The Licensed Physician shall not subcontract any of the telemedicine consultation services to be
rendered.
- Limitations of Liability.
The Licensed Physician confirms and acknowledges that the telemedicine consultation services
to be rendered are provided and discharged by himself or herself in his or her professional and
personal capacities. Thus, neither mercatan, nor any of their respective subsidiaries, affiliates,
directors, officers, partners and/or subcontracted parties for this endeavor (collectively, the
“Company Representatives”), shall have any liability or responsibility (financial, contractual,
operational, or otherwise) for any aspect from the telemedicine consultation services
performed or rendered by the Licensed Physician.
The Licensed Physician who is a Partner-Doctor confirms and acknowledges that mercatan only
acts as a collection agent for the Professional Fees paid for the telemedicine consultation
services performed or rendered in the mercatan platform.
Thus, neither mercatan nor the Company Representatives shall be responsible for the Licensed
Physicians 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.
The Licensed Physician who is a not a Partner-Doctor and is rendering his or her telemedicine
consultation services pursuant to a contractual agreement with other institutions and/or other
platforms and agencies, or such other healthcare institution, as applicable, confirms and
acknowledges that mercatan only acts as a collection agent for the Professional Fees paid for
the telemedicine consultation services performed or rendered in the mercatan platform. Thus,
neither mercatan nor the Company Representatives shall be responsible for the payment
and/or settlement of the Professional Fees, compensation, or other obligations between him or
her and other institutions and/or other platforms and agencies, or such other healthcare
institution, as applicable.
Further, in consideration of the foregoing, as applicable, the Licensed Physician 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 mercatan, and/or the Company Representatives with respect to the telemedicine
consultation services to be performed or rendered by the Licensed Physician, including, without
limitation, medico-legal/negligence claims, tax assessments, or contractual claims (a “Claim”).
In addition, the Licensed Physician shall defend, indemnify, and hold mercatan and the
Company 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.
This Section shall survive the expiration or earlier termination of this voluntary arrangement.
- Confidential Information.
Each Party acknowledges that any and all confidential information disclosed or submitted by
one party (the “Disclosing Party”) to the other (the “Receiving Party”) hereunder shall be
received and maintained by the Receiving Party in strict confidence, shall not be used for any
purposes other than those expressly permitted under these Terms and Conditions, or
Agreement and shall not be disclosed to any third party without the prior written consent of
the Disclosing Party. Each Party agrees to limit access to the other Party’s confidential
information to those of its affiliates, directors, officers, employees, designees, and
representatives having a need to know such confidential information. The Receiving Party shall
be fully and directly responsible and liable to the Disclosing Party for any breach of this clause
by the Receiving Party’s employees or other third parties receiving access to the Disclosing
Party’s confidential information through or on behalf of the Receiving Party.
“Confidential Information” shall mean certain information of the other Party which is
confidential and proprietary to the Disclosing Party and not generally known to the public.
Information shall be Confidential Information: (i) if disclosed in writing and conspicuously
marked “Confidential” or bears some similar marking, or by its nature is or should be
understood to be confidential or, (ii) if disclosed orally or by observation and its confidential
nature is stated in writing by the Disclosing Party at the time of disclosure or within fifteen (15)
days from disclosure.
Confidential Information does not include information that: (i) is or becomes known to the
public without fault or breach of the Receiving Party; (ii) the Disclosing Party regularly discloses
to third parties without restriction on disclosure; (iii) the Receiving Party obtains from a third
party without restriction on disclosure or use and without breach of a non-disclosure obligation
or restriction on use; or (iv) is independently developed by the Receiving Party without access
to Confidential Information.
This Section shall survive the expiration or earlier termination of this voluntary arrangement.
- Assignment.
This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their
respective legal representatives, successors, and permitted assigns. Neither the proprietor of
mercatan nor the Licensed Physician may assign this Agreement or any or all of its/his or her
rights or obligations hereunder without the prior written consent of the other Party, except
that the proprietor of mercatan may assign its rights and obligations under these Terms and
Conditions or Agreement to any of its subsidiaries or affiliates without the Licensed Physician’s
consent, provided that, the Licensed Physician is provided a notice of such assignment.
- Governing Law and Venue.
These Terms and Conditions or Agreement, and your use of mercatan, along with the
information contained therein, shall be governed by and construed in accordance with the laws
of the Republic of the Philippines. Any action arising from or brought under these Terms and
Conditions or Agreement shall be filed with the proper courts of Pasay City to the exclusion of
all other venues, which are hereby expressly and willingly waived by the Parties.
- Data Privacy.
By signing this Agreement, the Licensed Physician hereby gives full consent to mercatan to
collect, record, organize, store, update, use, consolidate, block, erase or otherwise process
information, whether personal, sensitive or privileged, pertaining to himself or herself and the
transaction subject hereof which will be used for the implementation of this Agreement. In this
connection, the Licensed Physician acknowledges that he or she has read, understood and/or
have been duly informed of the terms and conditions pertaining to the data privacy practices of
mercatan as reflected in the Data Privacy Policy available in the mercatan website, and he or
she hereby express his or her full conformity thereto.
- Entire Agreement.
These Terms and Conditions contains the entire agreement of the Parties hereto, and maybe
modified by mercatan by sending an electronic mail to the Licensed Physician.
-
The web-based application mercatan is an online platform for licensed healthcare
institutions and licensed physicians who offer telemedicine consultation services.
The platform mercatan connects a patient to a licensed physician for consultation
through the use of video conferencing technology. Once a patient requests for a
telemedicine consultation, the mercatan system will match the request with an
available licensed physician.
The licensed physician then shall:
- gather clinical history;
- generate a treatment plan;
- provide medical advice;
- request diagnostic procedures as may be necessary;
- prescribe medications as may be necessary;
- incorporate follow-up care, as may be necessary; and
- provide referral to another physician of other specialization, clinic, or hospital, as may be necessary.
- Diagnostic Testing Booking and Clinics
The platform mercatan allows users to schedule an appointment for outpatient services through its partner clinics and mobile laboratories. - Ambulance Services
The platform mercatan allows users to connect to member Ambulance Service Providers of their choice. Once a user chooses to select a particular ambulance service provider through the platform, the mercatan system transmits the selection to the designated ambulance service provider to make the connection and enable the user to gain access to the selected service.
Once a selection of ambulance service is placed, the platform shall:
- review the details (eg. name, age, etc.) of the person/s who will be availing the particular ambulance service, review the condition and concern or reason for availing the particular ambulance service, and the destination;
- connect the user to the selected ambulance service provider;
- trigger and facilitate the connection between the user and selected ambulance service provider.
A referral is necessary when the appropriate level of care cannot be provided via telemedicine consultations. Depending on the care needed by the patient, referral of patients will be categorized into three (3) groups: (1) Non-Emergent Out-patient, (2) Emergent, and (3) any Critical Viral Infection such as COVID-19.
Non-Emergent Outpatient.
- Patients for telemedicine consultation who have non-life/limb threatening conditions and need further care will be referred to the nearest clinic or hospital. The patients will be given proper instructions and the contact details of the clinic or hospital nearest to them.
- Licensed physicians will provide the proper documentation that will indicate that they have given advice to and have properly referred the patient to the clinic or hospital nearest to them.
Emergent.
- Patients for telemedicine consultation who have life/limb-threatening conditions and need further care will be referred to the emergency room or hospital nearest to them.
- Licensed Physicians will provide the proper documentation that will indicate that they have given advice to and have properly referred the patient to the nearest Hospital Emergency Room.
Critical Viral Infection
Patients for telemedicine consultation who are suspected to have any critical viral infection such as any COVID-19 symptoms will be advised to self-quarantine and will be reported by the physician to the appropriate Regional or City Epidemiological Surveillance Units (RESU or CESU), in coordination with the relevant local government unit. Patients suspected to have COVID-19 symptoms will be flagged in the system, and submitted to the Department of Health (“DOH”) COVID-19 Emergency Operations Center through email at [email protected] with the pertinent details of the report.
The coordination of care for mercatan covers the non-clinical functions inherent in the referral process. Specifically, mercatan will ensure that adequate information will be provided to referred patients in the coordination of their care. This is done by ensuring updated and relevant information in line with DOH standards, as well as safeguarding patient data privacy.
The platform mercatan, along with its Partners, only provides the technology that allows the access of patients to licensed physicians with the use of video technology, scheduling of appointment requests with clinics and mobile laboratories, as well as work as liaison for ambulance service providers. All healthcare and medical services, including the giving of medical advice, are rendered by licensed physicians.
The proprietor of mercatan operates the mercatan platform, and is in-charge of vetting the qualifications of the physicians. Interested physicians are asked to fill-in an online application form and submit relevant documents and information, including, (1) updated Curriculum Vitae, (2) PRC License, (3) Certificate of Graduation from Medical School, and (4) Diplomate and/or Subspecialty Certification, when applicable, and (5) Bureau of Internal Revenue (“BIR”) Tax Identification Number, and (6) BIR value-added tax registration, when applicable. The application and documents will be reviewed by the onboarding team, who will then schedule an interview with the physician to verify qualifications. A positive review by the onboarding team will grant the physician access to the mercatan platform to offer video consultations, with the guiding principle that the consultations be done in accordance with the laws, rules, regulations, and all issuances applicable to the practice of medicine and DOH Rules.
The entity mercatan is not engaged in healthcare business, and mercatan shall not be construed as a medical services business. Accordingly, the medical advice rendered by the licensed physicians on mercatan shall not be deemed as that of mercatan.
The Licensed Physicians shall be solely responsible for the medical advice, diagnosis and/or treatment plan given to the patients, in compliance with all requirements applicable to his or her exercise of the medical profession. The Licensed Physician, in his or her sole discretion and professional judgment, may determine that his/her medical information or healthcare services are not appropriate for some or all of the patient’s treatment needs and, accordingly, may elect not to provide medical information or healthcare services over telemedicine, but refer you for in-person consultations, as may be necessary.
The Licensed Physician agrees to:
- Be available for telemedicine consultation during the hours set by the Licensed Physician through mercatan or anytime the Licensed Physician deems he or she is available, and until such time that he or she notifies mercatan that he or she is unavailable for consults via the online chatbox within the mercatan platform or via email addressed to _________;
- Once matched with a patient and after accepting the invite from mercatan, render
telemedicine services to the users of mercatan, including the following:
- to provide telemedicine services and related services to (a) a patient or (b) an individual representing and aiding a patient, who are seeking healthcare through mercatan, in accordance with the applicable laws, issuances, and rules and regulations relating to the practice of medicine and the use of telemedicine consultation;
- to conduct the telemedicine consultation with the patient through desktop, laptop, or mobile smart phone;
- to record video and audio telemedicine consultation with the patient;
- to not delete and/or alter the video and audio recording of the telemedicine consultation;
- to issue documents like electronic medical certificate, consultation summary, and/or referral form (if applicable) for (a) the patient or (b) an individual representing and aiding a patient;
- 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
- to provide referrals through mercatan to other specialists, healthcare facilities, laboratory services as deemed necessary for the continuous care of the patient
- To abide by the Terms and Conditions of mercatan.
In the conduct of telemedicine consultations, the Licensed Physician shall abide by the DOH Rules, and the following guidelines:
- He or she shall follow the standards of practice of medicine as defined under Republic Act No. 2382, its Implementing Rules and Regulations, and other applicable policies and guidelines, taking into account the absence of physical contact;
- In the event that the consultation involves an emergency or a serious condition where face-to-face assessment and physical contact are most essential, the Licensed Physician shall advise the patient that telemedicine consultation is not appropriate under the circumstances, and shall refer the patient to their nearest hospital emergency room;
- The Licensed Physician shall provide an electronic medical certificate, consultation
summary and/or referral form (if applicable) about each patient within twelve (12)
hours from each telemedicine consultation. Such electronic medical certificate,
consultation summary, and/or referral form shall include the following:
- Patient information (Name, Age, Birthdate, Sex, Address, Email-Address, Mobile Number);
- Brief clinical history and physical examination from what can be observed by inspection by video camera;
- Travel and exposure history (for COVID-19 screening);
- Diagnosis/assessment; and
- Plan of management;
- The Licensed Physician shall issue e-prescriptions when necessary, in accordance with the e-Prescription Rules;
- The Licensed Physician shall agree to record all electronic medical certificates, consultation summaries, e-prescription, and/or referral forms issued using mercatan, including recording the actual telemedicine consultation;
- The Licensed Physician shall, at all times, ensure that patient confidentiality, privacy, and data integrity are not compromised; and
- The Licensed Physician is aware that mercatan may be required by the DOH to submit to the said government agency relevant data of patients for telemedicine consultation who are suspected to have COVID-19, and Licensed Physician agrees to the submission of the following personal data required by the DOH.
- The Licensed Physician who is a Partner-Doctor shall issue an official receipt for service rendered to their patient; provided that, a written request for the issuance of such official receipt has been made by the patient, as applicable;
The Licensed Physician who is a Partner-Doctor confirms and acknowledges that:
- He or She will be compensated by the patient for rendering the telemedicine consultation services in mercatan based on the professional fee indicated in his or her user profile in mercatan. The Partner-Doctor hereby authorizes mercatan to collect payments for Professional Fees from the patient on behalf of the Licensed Physician. In the event the patient requests for an official receipt for the telemedicine consultation services availed of, the Partner-Doctor shall issue the same in accordance with the Partner-Doctor Engagement;
- The proprietor of mercatan through the platform mercatan shall deduct, from the Professional Fees, the Service Fees for the Partner-Doctor’s use of the mercatan platform as agreed and consented to by the Partner-Doctor in the Partner-Doctor Engagement for the Professional Fees in mercatan. The Partner-Doctor Engagement is deemed incorporated in the terms and conditions of this Agreement.
- The entity mercatan shall withhold the necessary withholding taxes from the Professional Fees in accordance with the prevailing laws and regulations. The proprietor od mercatan 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 Licensed Physician
The Licensed Physician who is a not a Partner-Doctor and is rendering his or her telemedicine consultation services pursuant to a contractual agreement with other healthcare institution, as applicable, confirms and acknowledges that their compensation for teleconsultation services rendered through mercatan shall be governed solely by their respective contractual agreement with the relevant healthcare institution.
The engagement of the Licensed Physician shall commence from the time of registration on the mercatan platform and acceptance of these Terms and Conditions or Agreement, and shall be terminated upon notification to mercatan that he or she is opting out of the platform via electronic mail addressed to _________(email address)_________ (the “Term”).
The Licensed Physician represents and warrants to mercatan that:
- He or she is duly licensed to practice medicine in the Philippines, is in good standing with the Professional Regulation Commission, and has a valid diplomate and/or subspecialty certification, when applicable;
- He or she shall, at all times, comply with the rules and regulations applicable to the practice of medicine, including but not limited to 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 medical practice, including but not limited to, the policies of the Philippine Medical Association, DOH, Philippine Health Insurance Commission, Professional Regulation Commission, and Specialty Societies governing the Licensed Physician, and which, in good faith, he or she believes is best to enable him or her to perform his or her medical practice; and
- He or she shall comply with the rules, regulations, and policies issued by mercatan.
Nothing in this Agreement shall be interpreted as creating an employer-employee or principal- agent relationship between the Licensed Physician and mercatan, and that he or she shall be responsible for his or her respective obligations under this Agreement.
The Licensed Physician shall not subcontract any of the telemedicine consultation services to be rendered.
The Licensed Physician confirms and acknowledges that the telemedicine consultation services to be rendered are provided and discharged by himself or herself in his or her professional and personal capacities. Thus, neither mercatan, nor any of their respective subsidiaries, affiliates, directors, officers, partners and/or subcontracted parties for this endeavor (collectively, the “Company Representatives”), shall have any liability or responsibility (financial, contractual, operational, or otherwise) for any aspect from the telemedicine consultation services performed or rendered by the Licensed Physician.
The Licensed Physician who is a Partner-Doctor confirms and acknowledges that mercatan only acts as a collection agent for the Professional Fees paid for the telemedicine consultation services performed or rendered in the mercatan platform.
Thus, neither mercatan nor the Company Representatives shall be responsible for the Licensed Physicians 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.
The Licensed Physician who is a not a Partner-Doctor and is rendering his or her telemedicine consultation services pursuant to a contractual agreement with other institutions and/or other platforms and agencies, or such other healthcare institution, as applicable, confirms and acknowledges that mercatan only acts as a collection agent for the Professional Fees paid for the telemedicine consultation services performed or rendered in the mercatan platform. Thus, neither mercatan nor the Company Representatives shall be responsible for the payment and/or settlement of the Professional Fees, compensation, or other obligations between him or her and other institutions and/or other platforms and agencies, or such other healthcare institution, as applicable.
Further, in consideration of the foregoing, as applicable, the Licensed Physician 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 mercatan, and/or the Company Representatives with respect to the telemedicine consultation services to be performed or rendered by the Licensed Physician, including, without limitation, medico-legal/negligence claims, tax assessments, or contractual claims (a “Claim”). In addition, the Licensed Physician shall defend, indemnify, and hold mercatan and the Company 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.
This Section shall survive the expiration or earlier termination of this voluntary arrangement.
Each Party acknowledges that any and all confidential information disclosed or submitted by one party (the “Disclosing Party”) to the other (the “Receiving Party”) hereunder shall be received and maintained by the Receiving Party in strict confidence, shall not be used for any purposes other than those expressly permitted under these Terms and Conditions, or Agreement and shall not be disclosed to any third party without the prior written consent of the Disclosing Party. Each Party agrees to limit access to the other Party’s confidential information to those of its affiliates, directors, officers, employees, designees, and representatives having a need to know such confidential information. The Receiving Party shall be fully and directly responsible and liable to the Disclosing Party for any breach of this clause by the Receiving Party’s employees or other third parties receiving access to the Disclosing Party’s confidential information through or on behalf of the Receiving Party.
“Confidential Information” shall mean certain information of the other Party which is confidential and proprietary to the Disclosing Party and not generally known to the public. Information shall be Confidential Information: (i) if disclosed in writing and conspicuously marked “Confidential” or bears some similar marking, or by its nature is or should be understood to be confidential or, (ii) if disclosed orally or by observation and its confidential nature is stated in writing by the Disclosing Party at the time of disclosure or within fifteen (15) days from disclosure.
Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Receiving Party; (ii) the Disclosing Party regularly discloses to third parties without restriction on disclosure; (iii) the Receiving Party obtains from a third party without restriction on disclosure or use and without breach of a non-disclosure obligation or restriction on use; or (iv) is independently developed by the Receiving Party without access to Confidential Information.
This Section shall survive the expiration or earlier termination of this voluntary arrangement.
This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives, successors, and permitted assigns. Neither the proprietor of mercatan nor the Licensed Physician may assign this Agreement or any or all of its/his or her rights or obligations hereunder without the prior written consent of the other Party, except that the proprietor of mercatan may assign its rights and obligations under these Terms and Conditions or Agreement to any of its subsidiaries or affiliates without the Licensed Physician’s consent, provided that, the Licensed Physician is provided a notice of such assignment.
These Terms and Conditions or Agreement, and your use of mercatan, along with the information contained therein, shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any action arising from or brought under these Terms and Conditions or Agreement shall be filed with the proper courts of Pasay City to the exclusion of all other venues, which are hereby expressly and willingly waived by the Parties.
By signing this Agreement, the Licensed Physician hereby gives full consent to mercatan to collect, record, organize, store, update, use, consolidate, block, erase or otherwise process information, whether personal, sensitive or privileged, pertaining to himself or herself and the transaction subject hereof which will be used for the implementation of this Agreement. In this connection, the Licensed Physician acknowledges that he or she has read, understood and/or have been duly informed of the terms and conditions pertaining to the data privacy practices of mercatan as reflected in the Data Privacy Policy available in the mercatan website, and he or she hereby express his or her full conformity thereto.
These Terms and Conditions contains the entire agreement of the Parties hereto, and maybe modified by mercatan by sending an electronic mail to the Licensed Physician.
