IBERO shall assist with basic advice and provide contact details of the nearest medical professionals, health centers, diagnostic centers and ambulance providers. IBERO shall merely be a facilitator for the provision of information and contact details of referred entities and shall not be liable for quality of services of said entities referred. The services may subject to feasibility and availability in that area.

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IBERO Mediphone services are not a substitute for personal medical attention, diagnosis, or hands-on treatment by a qualified medical professional. The advice shall be interim medical advice as the medical professional cannot physically examine the customer. Any advice provided by any medical professional shall not be construed as final and shall be subject to a physical check-up by a qualified medical person.

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IBERO shall not be responsible for any claims arising out of technical failures including but not limited to failure in telephone lines, failures of servers, or failure to provide correct updates due to technical snags before, during or after the completion of the services. Further, IBERO shall not be responsible for any claims arising out of any failure(s) which are beyond the control of IBERO and any consequential damages or losses thereof.

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IBERO shall not be liable for any physical, psychological or financial damage caused to the customers due to any improper communication between the customer and doctor, wrong information by the customer to the doctor, failure to follow the instructions of the doctor, misuse of the Services, failure to provide required disclosure about medical history to the doctor or any such damage caused by any other factors arising between the customer and the doctor.

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IBERO shall:

• Maintain such organization and structure as would adequately and efficiently enable it to render the assistance services.

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• Keep the alarm telephone board set up in operation twenty-four (24) hours a day, 365 days a year. 

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• Manage each and every situation requiring assistance as provided herein until conclusion thereof.

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• Provide assistance service to any Client who requests for such service under the terms and conditions of the program

 

• Inform the Clients that calls made to the SERVICE PROVIDER for the availment of the assistance service may be recorded by the SERVICE PROVIDER for the purpose of providing better service.

 

• Empanel doctors who have a minimum qualification of Bachelor of Medical Science (BS), Bachelor of Medicine and Bachelor of Science (MBBS) (hereinafter referred as “Medical Practitioners”). Any advice given by the Medical Practitioners shall depend solely on the accuracy of the description of the symptoms provided by the customer and the discretion used by the doctors.

 

ADDITIONAL NOTES / WAIVERS:

 

• The individual member must authorize EVEREST APPLIANCES APPLIANCES thru IBERO to perform mediphone services for the evaluation and diagnosis of his /her medical condition using telecommunications programs.

 

• The individual member must understand that it is his/her responsibility to provide all necessary, complete and accurate information like signs and symptoms, medical history, current condition to the medical professional.

 

• The individual member should confirm that mediphone services require the collection of his/her personal medical data to the medical professional remotely which means they may be based on any area which may not be within the IBERO premises.

 

• The individual member must confirm that EVEREST APPLIANCES APPLIANCES thru IBERO and its medical professionals can reach him/her thru audio calls or emails as part of the mediphone sessions.

 

• The individual member must acknowledge that technical difficulties may happen which might cause a slight delay or might need rescheduling as may be expected in this mode of medical platform

 

IBERO and EVEREST APPLIANCES shall not be liable for any physical, psychological or financial damage caused to the customers due to any improper communication between the customer and doctor, wrong information by the customer to the doctor, failure to follow the instructions of the doctor, misuse of the Services, failure to provide required disclosure about medical history to the doctor or any such damage caused by any other factors arising between the customer and the doctor.

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Neither party shall be responsible for the delays or non-fulfillment of their commitments or services when the cause of the delay or non-fulfillment was due to a fortuitous event.

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The term “fortuitous event” refers to causes such as, but not limited to, natural catastrophes, war, invasions, actions performed by foreign enemies, hostilities (either with or without war declaration), civil war, rebellion, insurrection, terrorism or coup d’état, acts of public enemy, accidents, fires, explosions, failure of transportation, strikes or other work interruptions by either Party's vendors, people’s movements or demonstrations, acts of governments or states or any similar or dissimilar cause beyond the reasonable control of either Party and any unforeseen and excessively costly cause that prevents one party from fulfilling its commitments.

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Performance shall be excused during the existence of any event of Force Majeure and, if such event continues for more than forty-five (45) days, it shall give rise to cause to terminate this Agreement. The Party unable to perform because of an event of Force Majeure shall advise the other Party in writing of the existence of such event within five (5) days of the knowledge of the existence of such event. If the event of Force Majeure is of public knowledge, written notice of such is excused.