“ELENA, Your Clinic Assistant” (“ELENA”) is owned and operated by NEITIVITI STUDIOS INC. (“NEITIVITI”), to provide services and products to NEITIVITI’s partner doctors and the latter’s prospective and current patients. By using the whole digital platform or parts of it, the user of ELENA hereby agrees to accept the following terms and conditions contained in this Terms of Use.

  1. Definition of Terms
  1. ELENAServices are online facilities and medical services that assist Partner Doctors in managing their patients. These services include, among others, but shall not be limited to Patient Registration and Clinic Operations Assistance which allow the doctors and patients to register, maintain and generate patient records, automate their clinic’s day-to-day operations, manage medical appointments, and prepare and share prescriptions to patients online.
    1. “User” means any entity that uses or accesses, by any means or for any purpose, ELENA
    1.  “Registered User” is a user who is either a doctor, patient or prospective patient and creates an account for the purpose of availing ELENA Services.
    1. “Partner Doctor” means a health professional with whom NEITIVITI entered into a contract with for the provision of ELENAServices to prospective patients. The Partner Doctor shall provide the necessary health services to the registered patients.
    1. “Patient” means Registered Users who are looking for medical appointment services.
    1. “Account” means the ELENAaccount which a User registers for on ELENA in order to avail of ELENA Services.
  1. Scope and General Limitation

ELENA provides assistance to 1) patients in facilitating their medical appointment schedules and increasing their access to available medical practitioners, and 2) doctors in reaching their patients and automating management of their clinics and appointment schedules with their patients.

In view of the above objectives, ELENA may be used for the following:

  1. Manage medical appointments and schedules;
  2. Manage clinic’s day-to-day operations;
  3. Manage and Access patients’ medical and treatment records;
  4. Prepare and provide E-prescription for patients; and
  5. Generate patients’ records and reports.

  1. Terms of Use
  1. Registration
  1. To avail of ELENA Services, a User must register by creating an Account on the ELENA digital platform. The User must only submit to ELENA information which is accurate, true, and up-to-update. Any changes or updates to the information submitted shall be reported or submitted to ELENA.
  • The Services
  1. The information in this TOU and details contained in ELENA do not constitute an offer for sale of service. Unless otherwise agreed by NEITIVITI in a separate written agreement with you, the ELENA Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT NEITHER NEITIVITI NOR ELENA DOES NOT PROVIDE MEDICAL SERVICES OR FUNCTION AS A MEDICAL SERVICES PROVIDER AND THAT ALL SUCH SERVICES ARE PROVIDED BY THE PARTNER DOCTORS WHO ARE NOT EMPLOYED BY NEITIVITI OR ANY OF ITS AFFILIATES.
    1. To avail of any medical services of the Partner Doctor, the Patient will be required to follow the online process found on ELENA. Thereafter, the Patient and the Partner Doctor will receive a Confirmation containing the details of the medical services requested by the Patient. 
  1. Disclaimer of Liability

NEITIVITI shall not be responsible for any damages, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, or other intangibles, regardless of whether such damages were foreseeable or arise by law, contract, by equity, arising out of or related to the following:

  1. Use, inability to use, performance or failures of ELENA and any materials posted thereon;
  2. Any information or content provided by the Partner Doctors in their institutional/official profiles in the ELENAdigital platform;
  3. Performance, quality, and outcome of services provided by the Partner Doctors to the Patients;
  4. Legitimacy, accuracy, or validity of the documents submitted by the User through ELENA; and
  5. Any delay or failure of performance resulting from acts beyond the reasonable control of NEITIVITI, including without limitation:
    1. Strikes, walkouts, lockouts, riots, civil disturbances,
    1. Acts/threats/preparation of war, invasion, terrorist attack, threat of terrorist attack;
    1. Acts of God, epidemics, fire, explosion, storm, flood, or other natural disasters;
    1. Acts, decrees, legislation, regulations or restrictions of the government;

Performance of the obligations under this TOU shall be considered to be reasonably extended for a period of time equivalent to the time lost because of such delay.

The User shall indemnify, defend, and hold harmless NEITIVITI, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising out of or related to the above enumeration and/or the User’s breach of this TOU.

As a condition of the use of ELENA, the User agrees to indemnify NEITIVITI against any and all liability, expenses (including attorney’s fees and court costs) and damages arising out of claims, including, without limitation, any claims alleging facts that if true would constitute a breach of the terms and conditions stated in this TOU.

  • Intellectual Property Policy

All content contained in ELENA, including, but not limited to, the site design, text, graphics, directories, audio clips, digital downloads, campaign titles, data compilations, images, and the logos of NEITIVITI and ELENA, are property of NEITIVITI or the Partner Doctors, and are protected by laws on intellectual property. All the rights therein are reserved by NEITIVITI or the Partner Doctors.

The User may store, print, and display the content supplied for personal use only. However, the User is prohibited from publishing, manipulating, distributing or reproducing, in any format or medium, any of the content or copies of the content supplied to the User or appearing on ELENA. The User is prohibited from using any such content in connection with any business or commercial enterprise.

“ELENA, Your Clinic Assistant” is a trademark of NEITIVITI. This trademark may not be used in connection with any product or service that is not provided by NEITIVITI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NEITIVITI. All other trademarks not owned by NEITIVITI that appear on ELENA are the property of their respective owners.

The status of NEITIVITI, and/or any contributors identified, as the authors of content found in ELENA, must always be acknowledged.

Should a User be found in breach of NEITIVITI’s intellectual property rights, the User’s right to use ELENA will cease immediately. The User, at the sole option of NEITIVITI, must return or destroy any copies of materials made by the User.

  • Intrusion Detection and Security

Should ELENA be used, the User understands that all activities may be monitored and recorded. Anyone using ELENA expressly consents to such monitoring. This serves as a warning that if such monitoring reveals possible evidence or information of criminal or suspicious activity, monitoring records may be provided to law enforcement officials without any prior oral or written notice to the suspected user.

NEITIVITI uses software programs to monitor network traffic and identify unauthorized attempts to upload or change information, or to cause damage to ELENA and the User. These programs do not collect information that would directly identify individuals, disclose their entity, or in any way, access such individuals. However, such programs may collect information that could help identify someone tampering, attempting to tamper with ELENA.

  • Prohibitions

In visiting, using, or accessing ELENA, the User agrees not to use it and/or any of its contents for any unlawful activity, or use it in any way that would violate any of the terms and conditions stated in this TOU.

Without prejudice to prohibitions found elsewhere in this TOU, any User is likewise prohibited from:

  1. Creating multiple user accounts;
  2. Corrupting data, or transmitting or distributing viruses or any other material that is malicious, technologically harmful, in breach of confidence, or in any way, offensive or obscene;
  3. Hacking into any aspect of ELENA, or attempting to affect the performance or functionality of any computer facilities accessing ELENA; 
  4. Causing annoyance to other users and/or infringing upon the rights of others;
  5. Sending any unsolicited advertising or promotional materials; or
  6. Committing or encouraging the commission of a criminal offense.
  • Notices and Amendments

NEITIVITI reserves the sole right to amend this TOU at any time. All amendments to this TOU will be posted on ELENA and will be sent to or posted on the dashboard in the User’s Accounts. However, the continued use of ELENA will be deemed to constitute acceptance of the new/amended terms of use.

Any notice under a Contract arising from any transaction through ELENA shall be given in writing either through mail or e-mail to the relevant party at the address or e-mail address last known to the other.

(a) Notices given by mail shall be deemed to have been served within two (2) Business Days from mailing to the recipient’s address within the Philippines.

(b) Any notice given by e-mail shall be deemed to have been served within two (2) Business Days from sending of said e-mail.

In proving such service, it shall be sufficient to prove that the mail or e-mail was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter, or dispatched as evidenced by a received delivery report.

All notices, demands or other communications under this agreement must be given or made in writing, and must be delivered personally, or sent by e-mail, as follows:

NEITIVITI STUDIOS INC.

Blk 3 Lot 5 Makahiya St. MambogVille

Mambog I, Bacoor City, Cavite 1402

hello@elena.com.ph

  1. Liability

Violation of any of the terms and conditions stated in this TOU, misuse and/or abuse of ELENA or any of its contents, and/or misrepresentation in any form, may subject the User to the corresponding administrative, civil and/or criminal liability under applicable laws.

  • No Waiver

The failure to enforce or to require the performance at any time of any one of the provisions of this TOU, or any Contract arising from the use of ELENA, shall not be construed to be a waiver of such provision, and will not affect either the validity of this TOU, or any Contract arising from the use of ELENA, or the right of any party thereafter to enforce each and every provision in accordance with the terms of this TOU, or any Contract arising from the use of ELENA.

  • Third Party Rights

No person who is not a party to this TOU or a Contract arising from the use of ELENA shall acquire any rights under them or be entitled to benefit from any of their terms even if that person has relied on any such term or has indicated to any party to this TOU or a Contract arising from the use of ELENA its assent to any such term.

  • Governing law

This TOU or a Contract arising from the use of ELENA (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of the Republic of the Philippines.

  • Venue

NEITIVITI, the User, and/or anyone linking to ELENA submit to the exclusive jurisdiction of the courts of Bacoor City, Cavite, Philippines in relation to any legal actions or proceedings arising out of or in connection with this TOU, or any Contract arising from the use of ELENA, save that this submission will not preclude any party from applying to any other court having jurisdiction for urgent or interim relief in aid of proposed or pending proceedings in the Philippines.