Important – please read these terms carefully. The Terms of Use of this Website stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and LIFETRACK MEDICAL SYSTEMS INC. (hereinafter “LMS” or “Company”). By using this website or availing of LMS services (hereinafter “Service”), you agree to the Terms of Use that are set out below and any future amendments and additions to the Terms of Use as published from time to time at http://lifetrackmed.com/

TERMS OF USE and PRIVACY POLICY

1. General Services 

a. Lifetrack Medical Systems Inc. is duly registered and existing under the laws of the Republic of the Philippines.

b. The company primarily engages in the business process outsourcing in the field of medicine, including but not limited to, providing the platform for the remote medical diagnostics and interpretation of radiology images.

c. The company provides access to radiologists and quality interpretation of radiology diagnostic images for hospitals and clinics.

d. LMS also addresses the shortage of radiology experts through a unique radiology software platform with a two-fold value proposition: increased efficiency in radiology reporting and more radiology knowledge workers trained. This browser-based radiology software comes with an onsite and cloud-based servers.

e. The services of the Company may be availed of through the following platform: website (http://lifetrackmed.com/), and e-mail (sales@lifetrackmedicalsystems.com) 

2. Amendments to Terms of Use 

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to it at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies shall be effective upon the posting of an updated version at http://lifetrackmed.com/  

3. Use, Representations, and Warranties.  

a. You expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

b. By using the service through any of the means (website or email) available to you, you agree that:

  (i) You will only use the Service for lawful purposes and for the purpose for which it is intended to be used;

  (ii) You will not use the website for illegal purposes or for purposes other than obtaining the Service;

  (iii) You shall not intentionally or unintentionally cause or attempt to cause damage to any third party;

  (iv) You will not disrupt access to the Company’s website, modify the website, use it to transmit computer viruses, hacking attacks, computer worms, etc. or commit activities that may be found to be a crime;

  (v) You will not copy, or distribute this site’s content without written permission from the Company, not impersonate Company or any person or entity or falsely misrepresent your affiliation with Company, or with third parties;

  (vi) You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

  (vii) You agree that the Service is provided on a reasonable effort basis;

  (viii) You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time; and

  (ix) You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use. 

4. Privacy Policy, Data Collection, Storage, Personal Data Protection 

a. LMS reserves the right to collect anonymized information about your usage of our services. This includes but is not limited to location data, usage patterns, cookies, and information typed into fields. You consent that data gathered from or submitted by you can be used by LMS for improving its services and commercial purposes. Any information that we collect is anonymized and does not include personally identifying information.

b. You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

c. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, gender, and email address.

d. The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for or inquiry on the Service may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

5. Intellectual Property and Ownership.  

All information, content, designs, branding, methods, and features displayed in this website or services are the copyright and intellectual properties of LMS unless otherwise noted. 

6. Disclaimer of Warranties, Limitation of Liabilities, Force Majeure.  

a. THE USE OF LMS SERVICES IS AT YOUR OWN RISK. LMS SERVICES ARE PROVIDED "AS IS". YOU UNDERSTAND AND AGREE THAT LMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE LMS SERVICES, RELIANCE ON LMS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF LMS SERVICES.   

b. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE COMPANY’S WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (E) THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT. 

c. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY. 

d. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH INTERNET DELAYS, AND/OR CONNECTIVITY PROBLEMS. 

e. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY DUE TO USE OF THE SERVICE FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.  

7. Advertisements.  

LMS reserves the right to display advertisements on its website and related services. There may be links to third party websites that may be found all throughout Company’s website. You are recommended to examine the privacy statements and/or terms of use of these websites. 

8. Notice. 

The Company may give notice by means of a general notice on the website or electronic mail to your email address in the records of the Company. Such notice shall be deemed to have been given 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the website. 

9. Assignment. 

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void. 

10. Severability.  

In the event that any provision hereof is found invalid or unenforceable, the remainder of the Terms of Use shall remain valid and enforceable. 

11. Waiver.  

Failure of Company to exercise or enforce any of the provisions herein shall not constitute a waiver of such right.

12. Governing law.  

This Terms of Use shall be construed in accordance with, and governed in all respects by, the laws of Republic of the Philippines without regard to conflicts of law principles.

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