Paylink is a web-based application service offered by MediLink Network Inc. (MediLink) to Service Payors (such as but not limited
to health maintenance organizations and insurance companies) which enables such Service Payors to allow its use by Service
Payor providers such as hospitals, clinics and doctors (the "Provider") to establish efficient and mutually acceptable electronic
procedures and system which will provide reliable medical service to the clients of Service Payors (the "Members") and promote
the smoother flow of business transactions between Service Payor and the Provider. The service may also be directly offered by
MediLink to the Providers.
Paylink will have the following features:
1. Requests for the issuance or cancellation of the Letter of Authority (“LOA”);
2. Electronic submission of the Provider’s bills and claims for processing;
3. Online viewing of the payment details of Service Payor to the Provider; and
4. Such other functions that may be introduced by Service Payor.
The Terms and Conditions contained herein form part of the Agreements between you as a Provider and Service Payor and/or
MediLink. We therefore advise you to please review these terms and conditions carefully and indicate whether you agree or
disagree with them by clicking on the corresponding button towards the end of this document. Service Payor and/or MediLink
reserves the right to modify these Terms and Conditions from time to time.
1. By using Paylink you acknowledge and agree to abide by all the terms and conditions contained herein and in the
Hospital/Clinic Service Agreement, the Physician Affiliation Agreement and in any other relevant agreement executed
between you and Service Payor and/or MediLink (the "Agreements"), including but not limited to, the privacy and security
policies, which are hereby incorporated by reference, subject to changes and notices by Service Payor and/or MediLink.
2. All your representations, warranties and undertakings shall be deemed to be material and have been relied upon by Service
Payor and/or MediLink. Consequently, you shall be directly and solely responsible for the accuracy of any and all information
that you submit in Paylink. They shall survive the execution and delivery of these Terms and Conditions, notwithstanding
the consummation of the transaction contemplated herein.
3. Your utilization of Paylink signifies that you agree with the terms and conditions contained herein and in the Agreements and
that your signature may no longer be required to manifest your consent herein.
4. You agree and understand that in using Paylink, and as part of your obligations in the Agreements, Service Payor and/or
MediLink shall engage the services of, and/or interact with, third parties, such as, but not limited to its parent company,
affiliated companies, subsidiaries, financial advisors, affiliated third parties or independent/non-affiliated third parties and
service providers, whether local or foreign (collectively referred to as "Representatives"). In connection with the foregoing,
you hereby irrevocably authorize Service Payor and/or MediLink and their Representatives, as processor of your personal
information, to be your attorney-in-fact to:
a. Obtain, collect, examine, process, store and share your personal information, including sensitive personal information and
privileged information, or any other information that is necessary for you to comply with your obligations in the
Agreements, as may be deemed necessary by Service Payor and/or MediLink. 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 performance of your obligation under the Agreements.
b. Disclose the aforementioned information to Service Payor and/or MediLink and their Representatives, for any legitimate
business purpose as Service Payor and/or MediLink may deem appropriate and as necessary to comply with your
obligations in the Agreements.
Processing is hereby understood to include any operation or any set of operations performed upon personal information
including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, 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 Service Payor and/or MediLink and their
Representatives.
You retain the right to be informed, to object, access, complain, and rectify, to request for filtering of certain information, and to
the corresponding damages in case of violation of your rights within the corresponding limitations as set forth under the
pertinent laws.
5. You hereby represent and warrant that you have obtained from the Member the required consents pursuant to the Data Privacy
Act authorizing Service Payor and/or MediLink and any of their authorized representatives to:
a. Obtain, collect, examine, process, and store the Member’s personal information, including sensitive personal information
and privileged information, medical records, or any other information relative to the Member’s hospitalization, consultation,
and treatment or any medical advice in connection with the benefit/claim availed under the agreement between Service
Payor and the Member, as may be deemed necessary by Service Payor. 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 performance of the services contemplated in the agreement between
Service Payor and the Member.
b. Disclose the aforementioned information to Service Payor and/or MediLink and their Representatives, including the
service providers which will perform the services contemplated in the agreement, for any legitimate business purpose as
Service Payor and/or MediLink may deem appropriate, including but not limited to outsourced processing of Service Payor
transactions, profiling or historical statistical analysis, providing advice or information which Service Payor and/or
MediLink and its Representatives believe may be of interest to the Member, to effectively administer or manage their
accounts, enhance customer services, or to communicate with the Member for any purpose.
6. In accordance with your obligations in the Agreements, the authorities herein provided shall be valid and existing during
the term of such Agreements, including any extensions thereof, and until necessary for the establishment, exercise or
defense of any claims arising from the said Agreements.
7. You hereby warrant that you understand your rights and obligations pursuant to the Data Privacy Act and its implementing rules
and regulations. Consequently, you hereby agree to hold Service Payor and/or MediLink and their 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 Service Payor and/or MediLink or any of its directors,
stockholders, officers, employees, agents, or its Representatives in connection with or arising from the use, processing and
disclosure by Service Payor and/or MediLink or their Representatives of the aforementioned information pursuant to Service
Payor's and/or MediLink’s reliance on your consent that Service Payor and/or MediLink and their Representatives have the
authority to examine, use, process, store or disclose, as the case may be, said information for the purposes above-mentioned.
8. You, including your employees, agents or representatives shall not use or reproduce, directly or indirectly any Confidential
Information for the benefit of any person, or disclose to anyone such Confidential Information without the written authorization
from Service Payor's and/or MediLink’s duly authorized officer, whether during or after the term of these Terms and Conditions
and the Agreements.
“Confidential Information” means any data or information, that is proprietary to Service Payor and/or MediLink and not generally
known to the public, provided before or after, whether tangible or intangible form, whenever and however disclosed, including,
without limitation, (a) personal information about patients, treatments or operations undergone, (b) trade secrets, confidential
or secret formulae, special medical equipment and procedures, (c) medical utilization reports, directly or indirectly useful in
any aspect of the business of Service Payor and/or MediLink, (d) any vendor names, patient and supplier lists, (e) marketing
strategies, plans, financial information, or projections, operations, sales estimates, business plans and performance results
relating to the past, present or future business activities of Service Payor and/or MediLink, (f) all intellectual or other
proprietary information or material of Service Payor and/or MediLink; (g) all forms of the Confidential Information including,
but not limited to, loose notes, diaries, memoranda, drawings, photographs, electronic storage and computer print outs; (h) any
other information that should reasonably be recognized as Confidential Information of Service Payor and/or MediLink. All
information which Provider and/or its representatives acquire or become acquainted with during the period of the Agreements,
whether developed by them or by others, which Provider has a reasonable basis to believe to be Confidential Information, or
which is treated, designated and/or identified by Service Payor and/or MediLink as such, shall be deemed to be Confidential
Information. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order
to be designated as such.
Anything herein to the contrary, notwithstanding, Confidential Information shall not include information which: (a) was known by
Provider prior to receiving the Confidential Information from the disclosing party; (b) becomes rightfully known to the Provider
from a third-party source not known after diligent inquiry by the Provider to be under an obligation to the disclosing party to
maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the Provider in breach of the
Agreements; (d) is required to be disclosed by law or regulation or in any judicial or administrative proceeding provided,
however, that: (i) Provider has provided Service Payor and/or MediLink, as the case may be, with prompt written notice thereof
so that the disclosing party may seek appropriate remedy and/or injunctive relief prior to such disclosure by the Provider,
(ii) Provider has taken all reasonable actions and/or steps to resist or narrow down the information to be disclosed; (iii) should
partial disclosure be required, the Provider furnishes only that portion that is legally required to be disclosed; and (iv) Provider
shall not oppose and shallcooperate with Service Payor and/or MediLink, as the case may be, with respect to any such request
for any protective order or other relief; (e) is or has been independently developed by employees, consultants or agents of the
receiving party without violation of the terms of this agreement or reference or access to any Confidential Information; and
(f) is disclosed with Service Payor and/or MediLink’s prior written consent.
9. You agree that all Confidential Information shall remain the exclusive property of Service Payor and/or MediLink and its
successors, as may be applicable.
10. In the event that you disclose, disseminate or release any Confidential Information received from Service Payor and/or
MediLink, except as may bepermitted above, such disclosure, dissemination or release will be deemed a material breach of
these Terms and Conditions and the Agreements. These obligations imposed herein shall survive even after the termination
of these Terms and Conditions and the Agreements
11. Service Payor and/or MediLink shall not be liable for any loss or damage of whatever nature in connection with the
implementation of transactions covered by Terms and Conditions in the following instances:
a. Disruption, failure or delay which are due to circumstances beyond the control of Service Payor and/or MediLink, fortuitous
events such as but not limited to prolonged power outages, breakdown in computers and communication facilities,
typhoons, public disturbances and calamities, and other similar or related cases;
b. Loss or damage you may suffer due to theft or unauthorized use of your passwords, personal data, or violation of other
security measures with or without your participation; and
c. Inaccurate, incomplete or delayed information you received due to disruption or failure of any communication facilities.
12. In the event that the user of Paylink is not the person availing of the services, the term “you” and “your” in these Terms and
Conditions and in the Agreements shall refer to the Provider and the user hereby represents and warrants that he is duly
authorized to represent and act on behalf of the Provider and he shall hold Service Payor and/or MediLink and their
Representatives free and harmless from any claim, cost, or damage that may arise as a result thereof.
13. Service Payor and/or MediLink shall not be liable for any loss, liability, damage or expense arising out of or in connection with
the use of Paylink, unless such loss, liability, damage or expense shall be proven to result directly from the gross and willful
misconduct of Service Payor and/or MediLink or their Representatives, as the case may be. In no event will Service Payor
and/or MediLink be liable for special, indirect, punitive or consequential damages. Under no circumstances will the liability
of Service Payor and/or MediLink exceed, in the aggregate, the fees actually paid pursuant to the Agreements.
14. MediLink shall retain all rights in any software user and system documentation, master and transaction data files, ideas,
concepts, know-how, processes, development tools, techniques or any other proprietary material or information related to
Paylink
15. The Terms and Conditions contained herein are governed by the laws of the Philippines and all suits to enforce these Terms
and Conditions and the Agreements between you and Service Payor and/or MediLink or its Representatives shall be brought
exclusively in the proper courts of Makati City.
16. In case of breach of any of the provisions of these Terms and Conditions Agreements, the Agreements, as well as the
warranties and representations stated herein, Service Payor and/or MediLink shall be entitled to the amount of Two Hundred
Thousand Pesos (P200,000.00) as minimum damages, in addition to any other damages which it may be entitled 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.
17. Service Payor and/or MediLink reserves the right to amend these Terms and Conditions at any time without need of prior notice
or approval.
I have read and fully understood these Terms and Conditions and hereby agree to be governed thereby.
*The Terms and Conditions are subject to change. You may address any queries related there to test.