TERMS AND CONDITIONS OF USE

1. Introduction

Welcome to the NephroPlus Guest Application ("the App"), operated by NEPHROCARE HEALTH CARE SERVICES PHILIPPINES, INC., a corporation duly organized and existing under the laws of the Republic of the Philippines, with business address located at 24th Floor. Unit-M, Century Diamond Tower, Kalayaan Ave. cor. Salamanca St., Barangay. Poblacion, Makati City, 1210 ("the Company).

These Terms and Conditions ("Terms") govern your access to and use of the App and the related services, features, platforms, and functionalities (collectively, the "Services"). By downloading, installing, registering, accessing, or using the App, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the App.

Your use of the App is also subject to our Privacy Policy, which forms an integral part of these Terms and details how we collect, process, store, share, and protect your personal information in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules and Regulations.

All existing guests of the Company shall be pre-registered in the App, and their data shall be sourced from Babylon, the Company's patient information system, subject to their prior consent.

2. Eligibility and Registration

2.1 Eligibility

To use the App, you must:

1. Be at least 18 years old or have reached the age of legal capacity in your jurisdiction.
2. Have the legal authority to enter into binding agreements.
3. Use the App for lawful and legitimate purposes only.

If you are below 18 years old, you may use the App only with the consent and supervision of a parent or legal guardian. The Company reserves the right to request proof of age or consent.

2.2 Account Registration

To access certain features, you must create an account by providing accurate and complete information such as your name, mobile number, email address, and any other data required for identification or verification. You agree to maintain and promptly update this information to keep it current, accurate, and complete.

For pre-registered users, such account shall utilize data obtained from Babylon, with the user's explicit consent.

You are solely responsible for maintaining the confidentiality of your account credentials and all activities under your account. Any unauthorized access or breach must be reported to us immediately.

By utilizing the App, you expressly consent to the storage of your data for a period of three (3) years and to the use of such data for purposes including research, analysis, and treatment-related insights.

3. Description of the Rewards Program

The App allows users to earn, accumulate, redeem, and manage points, vouchers, credits, and other promotional rewards ("Rewards") through eligible transactions, activities, or engagements with participating merchants or partners.

3.1 Earning Rewards

You may earn Rewards through any of the following:

• Purchases made with participating merchants
• App activities such as surveys, referrals, daily check-ins, or promotions
• Special campaigns or partner activities
• Any other method communicated through the App

The Company reserves the right to determine the mechanism for earning Rewards, modify earning rates, or terminate earning opportunities at any time.

3.2 Redemption of Rewards

Rewards may be redeemed for goods, services, vouchers, discounts, or other benefits as made available through the App. Redemption rules, expiration dates, and required point values may vary per item or promotion and may be updated at the Company's discretion.

Rewards:

• Have no monetary value
• Are non-transferable, unless expressly allowed
• May not be exchanged for cash unless required by law

All redemptions are final and subject to availability. The Company is not responsible for merchant failure to honor redeemed rewards.

Users provide consent to receive and access Rewards packages through the App's Gifts Portal.

3.3 Expiration and Forfeiture

Rewards may expire if unused within the period indicated in the App. Additionally, Rewards may be forfeited if:

• The user account is inactive beyond the prescribed period
• Fraudulent activity is detected
• The account is terminated for violations of these Terms

4. User Responsibilities and Obligations

By using the App, you agree to:

1. Use the App only for lawful purposes.
2. Provide true, updated, and accurate information.
3. Not engage in fraudulent, abusive, or manipulative behavior, including but not limited to hacking, use of bots, identity theft, or unauthorized access.
4. Respect intellectual property and refrain from copying, modifying, or distributing App content without approval.
5. Comply with all applicable Philippine laws and regulations.

The Company reserves the right to investigate activities it deems suspicious and to suspend or terminate your account as necessary.

Users consent to the sharing of personal stories, including participation in a public comment section akin to social media, within the App.

5. Data Privacy Policy and User Consent

Your privacy is important to us. This section outlines the Company's adherence to the Data Privacy Act of 2012 (RA 10173) and serves to inform you of our data processing practices.

5.1 Personal Information We Collect

We may collect the following categories of personal information:

• Basic contact information (name, email, phone number)
• Demographic data (age, gender, address)
• Device information (IP address, device ID, operating system)
• Transaction history and activity logs
• Location information, if you enable location services
• Preferences, app behavior, and engagement analytics
• Any information you voluntarily provide through surveys or promotions

5.2 Purpose of Data Collection

We collect and process personal data for the following legitimate purposes:

1. To enable account creation, authentication, and verification
2. To operate, maintain, and improve the App
3. To issue, track, and administer Rewards
4. To provide customer service and respond to inquiries
5. To personalize content, recommendations, and offers
6. For audit, compliance, and security purposes
7. To comply with legal and regulatory obligations
8. For marketing and promotional activities, subject to your consent

5.3 Basis for Processing

Processing of your personal data is based on:

• Your consent,
• Performance of a contract,
• Compliance with legal obligations, or
• Legitimate interests of the Company (e.g., improving the App).

By accessing or using the App, users provide explicit consent to the processing of their personal data for all purposes enumerated herein, including research, analysis, and service development.

5.4 Data Sharing and Disclosure

We may share your personal information with:

• Participating merchants and partner establishments
• Service providers such as analytics, cloud hosting, and customer support vendors
• Financial institutions or payment processors
• Government agencies as required by law
• Other third parties with your prior consent

We ensure that all third parties comply with the Data Privacy Act and employ adequate security measures.

5.5 Data Protection and Security Measures

We implement organizational, physical, and technical measures to protect personal data, including:

• Encryption and secure servers
• Access controls and authentication procedures
• Regular security audits and vulnerability assessments
• Confidentiality agreements with employees and service providers

However, no method of transmission over the internet is completely secure. You acknowledge that you share information at your own risk.

5.6 Retention and Deletion

Personal data shall be retained for a period of three (3) years or as required by law. Upon account termination or written request, personal data will be deleted or anonymized, except where retention is mandated by legal or regulatory requirements.

5.7 User Rights Under the Data Privacy Act

You have the following rights:

• Right to access
• Right to rectification
• Right to object
• Right to erasure or blocking
• Right to data portability
• Right to damages
• Right to lodge a complaint with the National Privacy Commission

Requests may be submitted to our Data Protection Officer at:
[DPO Name] – [Email Address]

By utilizing the App, users consent to any future updates or developments of the App, and the Company shall provide notifications of such updates.

6. Intellectual Property Rights

All intellectual property in the App—including trademarks, logos, designs, software code, text, graphics, and other materials—is owned by the Company or licensed to it. You are granted a limited, non-exclusive, non-transferable license to use the App solely for personal use.

You may not:

• Copy, reproduce, modify, or distribute App content
• Reverse-engineer or tamper with App software
• Use the App in any manner that infringes intellectual property rights

7. Prohibited Activities

You agree not to engage in any activity that:

• Attempts to circumvent App security
• Introduces malware, viruses, or harmful code
• Disrupts App functionality or servers
• Exploits rewards systems through fraud
• Harms other users, merchants, or the public

Violations may result in suspension, termination, or legal action.

8. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for:

• Loss of data, profits, or business opportunities
• Damages caused by unauthorized access or third-party misconduct
• Merchant failure to honor rewards
• Interruptions, errors, or downtime in the App
• Losses resulting from inaccurate or outdated information

Your exclusive remedy for dissatisfaction with the App is to discontinue use.

9. Modification and Termination

We reserve the right to update, modify, or discontinue any part of the App or these Terms at any time. Changes will be communicated through the App or via email. Your continued use after notice constitutes acceptance of the updated Terms.

We may suspend or terminate accounts that violate these Terms or applicable laws.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Republic of the Philippines. In case of dispute, parties shall first attempt amicable settlement. If unresolved, disputes shall be submitted to the courts of [City], Philippines, to the exclusion of all other venues.

11. Contact Information

For questions, feedback, or rights requests, contact: