Terms and Conditions
PAHMOC Physician Affiliation System (“PAHMOC PAS”) is an online portal developed by Philippine
Association of Health Maintenance Organization Companies (“PAHMOC”) through its PAHMOC Secretary
and/or a Third Party Owner, wherein physicians have access to affiliation, renewal and updating services.
PAHMOC PAS may include a browser interface, data encryption, transmission, access and storage, that
allows PAHMOC and its physicians to provide and verify required personal information, and post financial
information.
These Terms and Conditions (T&Cs) are intended to govern the participation, access, and use by
physicians and their authorized Users/personnel of PAHMOC PAS. Please review these Terms and
Conditions carefully and indicate your agreement by clicking on the corresponding box towards the end of
this document. PAHMOC reserves the right to modify these Terms and Conditions from time to time
without need of prior notice or approval. Physicians and their authorized Users/personnel may access the
latest version at ____________________________________________, and any queries related thereto
may be addressed to __________________________.
By participating in, accessing, and/or using PAHMOC PAS, you as the User/Physician acknowledge and agree to abide by all the terms and conditions contained herein, and in any other relevant agreement (the
“Agreements”) executed between you and PAHMOC, including but not limited to, the privacy and security
policies, including any materials available in PAHMOC PAS, medical and handling protocols, and reporting
rules, which are hereby incorporated by reference, subject to changes and notices by PAHMOC. Your
signature may no longer be required to manifest your consent herein. All other provisions of the
Agreements which are not inconsistent to these Terms and Conditions are deemed applicable and
incorporated. In case any conflict arises between the provisions of the Agreements and these Terms and
Conditions, the Terms and Conditions shall govern in so far as the conflict involves PAHMOC PAS.
Authorized Personnel
a) The Physician and his/her duly authorized User shall have access to the PAHMOC PAS and shall
regularly update the same in accordance with these T&Cs and the Agreements. The Physician shall
warrant and guarantee that no other person shall have access to the Service apart from himself/herself
and his/her duly authorized User.
b) The Physician warrants that the User of the PAHMOC PAS is duly authorized to represent and act on
behalf of the Physician and the latter shall hold PAHMOC, and its Representatives (as defined below) free
and harmless from any claim, cost, or damage that may arise as a result of any unauthorized use and
access of the PAHMOC PAS. Any and all acts, submissions and/or entries of the authorized User in
PAHMOC PAS shall be deemed to be the acts, submissions and/or entries of the Physician.
c) Physician agrees to assume full responsibility for all transactions and data entry made in the PAHMOC
PAS. Any transactions and/or data entry shall be conclusively presumed to be done by the Physician or
his/her duly authorized User.
d) It is the Physician’s responsibility to protect against unauthorized access to the PAHMOC PAS through
the use of physical security, passwords and other information security procedures which are industry
standards for this type of system.
Warranties and Representations
The Physician warrants that all information provided to PAHMOC are updated, true and correct. The
Physician shall ensure that the medical and/or personal information submitted to PAHMOC PAS are
accurate and kept up to date via periodic updates of the tabulated results. Non-disclosure or falsification
of information shall be a ground for termination of the Agreement/s without prejudice to any other legal
remedies that may be available to PAHMOC.
b) The representations, warranties and undertakings of the Physician shall be deemed to be material and
have been relied upon by PAHMOC. Consequently, the Physician shall be directly and solely responsible
for the accuracy of any and all information that the Physician and his/her duly authorized User submits in
PAHMOC PAS. They shall survive the execution and delivery of this T & Cs, notwithstanding the
consummation of the transaction contemplated herein.
c) The Physician and his/her duly authorized User hereby freely, knowingly and voluntarily give the
required consents pursuant to the Republic Act No. 1017 including its Implementing Rules and
Regulations (“Data Privacy Laws”) authorizing PAHMOC and its Member Health Maintenance
Organizations (“HMO”) (collectively referred as “Representatives”) to:
i. Obtain, collect, examine, process, and store copies of Physician’s personal information, including
sensitive personal information, privileged information, or any other information that is necessary to access
the PAHMOC PAS or any other information that is required or needed by the Physician to comply with the
obligations in the Agreements. Except as otherwise stated hereon, any information obtained relative to the
authority herein given shall be strictly confidential. The extent of the collection and processing shall be
necessary and incidental to the processing of the application and for the Physician to comply with the
obligations in the Agreements.
ii. Disclose such information to its Member HMOs and their respective agents, legal counsels,
consultants, accountants, for any legitimate business purpose as PAHMOC and its Member HMOs may
deem appropriate, including but not limited to outsourced processing of PAHMOC transactions, profiling or
historical statistical analysis, to effectively manage the Physician’s account or to communicate with the
Physician for any purpose. Processing is hereby understood to include any operation or any set of operations performed upon
personal information organization, storage, updating or modification, retrieval, including, but not limited to,
the collection, recording, consultation, use, consolidation, blocking, erasure or destruction of data.
Processing would include both manual and automated handling of personal information and storage and
data transfers using various means, including but not limited to, physical methods as well as electronic via
information and communications systems employed by PAHMOC and its Representatives.
d) The Physician and his/her authorized User warrant that they understand the rights and obligations
pursuant to the Data Privacy Act and its implementing rules and regulations. The Physician and his/her
authorized User understand the right to be informed, to object, access, erase or block and rectify, to
request for filtering of certain information, and to the corresponding damages in case of violation of its
rights within the corresponding limitations as set forth in the pertinent laws.
e) The Physician and his/her authorized User hereby represent that, as part of the obligation in the
Agreements, the authorities herein provided shall be valid and existing during the term of the Agreement,
including any extensions thereof, and until necessary for the establishment, exercise or defense of any
claims arising from the Agreements.
f) The Physician and his/her authorized User hereby agree to hold PAHMOC and its Representatives free
and harmless from and against any and all suits or claims, actions, or proceedings, damages, costs and
expenses, including attorney’s fees, which may be filed, charged or adjudged against PAHMOC or any of
its directors, stockholders, officers, employees, agents, or Representatives in connection with or arising
from the use, processing and disclosure by PAHMOC or its Representatives of the aforementioned
information pursuant to PAHMOC’s reliance on the Physician’s representation and warranty that PAHMOC
and its Representatives have the authority to examine, use, process, store, share, or disclose, as the case
may be, said information for the above-mentioned purposes.
Terms of Use
Privacy & Security Policies. The use of this PAHMOC PAS shall be governed by such privacy and security
policies which are adopted by PAHMOC from time to time, whether contained in PAHMOC PAS, in their
agreements and/or respective websites. PAHMOC reserves the right to modify, alter or amend the privacy
and security policies without need of prior notice or approval.
License Grant & Restrictions. All Physicians are hereby granted a non-exclusive, non-transferable,
worldwide right to use the PAHMOC PAS and tabulated results template solely for the intended business
purposes and always subject to these T & Cs.
By availing and/or accessing the PAHMOC PAS, the Physician agrees not to:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make
available to any third party access or use of the PAHMOC PAS or any of the audio and visual information,
documents, software, products and services contained or made available to the Physician in the course of
using and/or accessing this PAHMOC PAS (collectively the "Contents") in any way;
modify or make derivative works based on this PAHMOC PAS or the contents;
create Internet "links" to the Service or "frame" or "mirror" any of the contents on any other server or
wireless or Internet-based device; or
reverse engineer or access this PAHMOC PAS in order to:
build or create a competitive product or service;
build or create a product using similar ideas, features, functions or graphics as that of this PAHMOC PAS;
or
copy any ideas, features, functions or graphics of Physician and PAHMOC PAS.
c) The Physician may use this PAHMOC PAS and tabulated results template only for the intended
business purposes and shall not:
send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material,
including material harmful to children or violative of third party privacy rights;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code,
files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of this PAHMOC PAS or the data contained therein; or
attempt to gain unauthorized access to this PAHMOC PAS or its related systems or networks.
d) The Physician shall be responsible for all activity(ies) occurring in or under their respective User
account and shall abide by all applicable laws, whether national or local, treaties and regulations in
connection with the use of this PAHMOC PAS, including those related to data privacy, international communications and the transmission of technical or personal data. The Physician shall:
immediately notify PAHMOC of any unauthorized use of any password or account or any other known or
suspected breach of security within twenty four (24) hours from occurrence thereof;
immediately report to PAHMOC and use reasonable efforts to immediately stop any copying or distribution
of the Contents that is known or suspected by the Physician; and
not impersonate another Physician and PAHMOC PAS User or provide false identity information to gain
access to or use this PAHMOC PAS.
e) Physician Information and Data. The Physician shall be directly and solely responsible for the
accuracy, quality, integrity, legality, reliability and/or appropriateness of all the data, information or material
that he/she or its authorized User will submit to this PAHMOC PAS (the "Physician Data"). In this regard, it
is understood that PAHMOC shall not be responsible or liable for the deletion, correction, destruction,
damage, loss or failure to store any of Physician Data arising from the use of this PAHMOC PAS.
PAHMOC further reserves the right to withhold, remove and/or discard Physician Data without need of
notice whatsoever in case of breach of any of the terms hereof. Upon termination for cause, the
Physician’s right to access or use Physician Data immediately ceases, and PAHMOC shall have no
obligation to maintain or forward any Physician Data.
f) Intellectual Property Ownership. PAHMOC shall own any and all rights , title and interest as well as all
Intellectual Property Rights, in and to this PAHMOC PAS and its related network, the Contents, the
Services as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other
information provided by the Physician or any other party relating to the Services and this PAHMOC PAS.
Nothing herein or in any contracts or agreements that may be entered into by PAHMOC hereinafter, shall
be construed as a sale and as such, no right/s of ownership in or to the Physician Data, the Services
and/or this PAHMOC PAS, and related Intellectual Property Rights, shall be conveyed and/or transferred
to the Physician. No right and/or license is and/or shall be granted to use the name, logo and product
names associated with the Services and/or this PAHMOC PAS of PAHMOC.
g) Free and Harmless. The Physician and his/her Authorized User shall hold PAHMOC, and its
Representatives free and harmless from and against any and all suits or claims, actions, or proceedings,
damages, costs and expenses, including attorney’s fees, which may be filed, charged or adjudged against
PAHMOC, and its Representatives or any of its directors, stockholders, officers, employees, agents, or
representatives in connection with or arising from the breach of this terms of use by the Physician or the
User of this PAHMOC PAS.
Renewal, Suspension, and Termination
a) Renewal shall be governed by the terms and conditions set forth in the Agreement.
b) Termination upon Expiration. These T&Cs shall commence once the Physician and/or its authorized
User of PAHMOC PAS clicks the "accept" button of these T&Cs. Any and all provisions contained in the
Agreement but which are not contained herein (for example, the Term, Termination and Renewal of
Agreements) shall be governed by such Agreement and/or any other relevant contracts and agreements.
The Physician agrees and acknowledges that PAHMOC has no obligation to retain the Physician Data,
and may delete such Physician Data upon termination.
Miscellaneous Provisions
a) Attorney’s Fees and Cost of Litigation. In the event of any legal action or other proceeding brought to
enforce the Agreement and these T&Cs, PAHMOC shall be entitled to reasonable attorney’s fees and
other costs incurred during that proceeding in addition to any other relief to which it is entitled. PAHMOC
shall be entitled to collect Two Hundred Thousand Pesos (P200,000.00) as minimum damages, in addition
to any other damages which it may be entitled under the Agreement and under the law, and attorney's
fees in the amount of One Hundred Thousand Pesos (P100,000.00) in the event that it shall be
constrained to engage the services of counsel to prosecute its claim.
b) Local Laws and Export Control. PAHMOC makes no representation that the PAHMOC PAS is
appropriate or available for use in other locations. If the Physician shall use PAHMOC PAS outside the Republic of the Philippines, the Physician shall be solely responsible for compliance with all applicable
laws.
c) Governing Law and Venue. These T&Cs shall be governed by the laws of the Republic of the
Philippines, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes,
actions, claims or causes of action arising out of or in connection with these T&Cs, the relevant contracts
and agreements or the Services shall be subject to the exclusive jurisdiction of the proper courts of Makati
City, to the exclusion of other courts.
d) Unenforceable Provisions. If any provision of these T&Cs is held by a court of competent jurisdiction to
be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force
and effect.
e) Failure to Enforce. The failure of PAHMOC to enforce any right or provision in these T&Cs shall not
constitute a waiver of such right or provision unless acknowledged and agreed to by PAHMOC in writing.
f) Relationship. No joint venture, partnership, employment, or agency relationship exists between the
Physician and PAHMOC as a result of these T&Cs or use of Physician and PAHMOC PAS.
g) Complete Agreement. These T&Cs and the relevant contracts and agreements comprise the entire
agreement between you and PAHMOC thru PAHMOC, and supersede all prior or contemporaneous
negotiations, discussions or agreements, whether written or oral, between the parties regarding the
subject matter contained herein.
*The Terms and Conditions are subject to change. You may address any queries related to these T&Cs to
dpo@PAHMOC.com.ph