Data Privacy PolicyTerms and ConditionsBooking Terms and Conditions

Booking Terms and Condition

We highly recommend you to read the Terms and Conditions stated to know the following:
  • What to expect when booking medical service/s with Kolaker;
  • How to proceed when you or the Healthcare Professional or Provider cancels the booking; and
  • How do we credit and refund your bookings. .
1. Introduction
1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Kolaker App Inc. Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Kolaker (as defined below). The Agreement applies to your use of the Service provided by Kolaker App, Inc. If you do not agree to the Terms of Service, please do not use or continue using the Platform (as defined) or the Service.
1.2. KolakerApps Inc. reserves the right to modify or replace these Terms at any time. If a revision of the material is made We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. KolakerApps Inc. is a technology that provides a platform for consumers to conveniently connect its users to the healthcare services that they need through a mobile application. Where the services are provided by healthcare professionals and providers, Kolaker’s role is merely to link the consumer with the healthcare professionals or providers. KolakerApps Inc. is not responsible for the acts, behaviors, and/or omissions of any professional or provider as they bear all liability in relation to such services. Healthcare professionals or providers are not, and shall not hold themselves to be an agent, employees, or staff of Kolaker and the services provided by them shall not be deemed to be provided by Kolaker.
2. Definitions
The following terms used referring to the following definitions:
2.1.1. “Platform” or also referred to as “We” or “KolakerApps Inc.” or “Kolaker” in general, is defined as KolakerApps Inc. as the third-party mobile application that connects both the User and Healthcare professionals or providers.
2.1.2. “Service” is defined as any medical and healthcare service, procedure, or appointment, availed via the KolakerApps Inc. mobile application form.
2.1.3. “Users” or also referred to as “You” is defined as the KolakerApps Inc. registered mobile app user.
2.1.4. “Healthcare professionals or providers” is defined as the approved healthcare professionals or providers on the platform of KolakerApps Inc.
3. Representations, Warranties, and Undertakings
3.1. By using the Service and/or Platform, you represent, warrant, and undertake that:
3.1.1. You have the legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. You will provide true, accurate, not misleading, 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 true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Kolaker may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Kolaker has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.3. You will provide us with any valid proof of identity or other documents, permits, or approvals that we may reasonably request or require;
3.1.4. You will only use an access point or account which you are authorized by Kolaker to use;
3.1.5. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Kolaker;
3.1.6. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.7. You will not 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;
3.1.8. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.9. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
3.1.10. You will only use the Platform and Service for their intended and lawful purposes;
3.1.11. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from:
  1. sending spam or otherwise duplicative or unsolicited messages;
  2. sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
  3. sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  4. interfering with or disrupt the integrity or performance of the Platform or the data contained therein;
  5. attempting to gain unauthorized access to the Platform or its related software, systems or networks;
  6. attempting to gain unauthorized access to the Platform or its related software, systems or networks;
  7. engaging in any conduct that could possibly damage our reputation or amount to being disreputable;
  8. circumventing the proper operation of the Platform and network which the Service operates on; and,
  9. using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform of its content.
3.1.12. You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, it‘s content, or any part thereof in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Kolaker. This includes without limitation, not to:
  • (a) create or compile, directly or indirectly, any collection, compilation, or other directories from any content displayed on the Platform except for your personal, non-commercial use;
  • (a) create or compile, directly or indirectly, any collection, compilation, or other directories from any content displayed on the Platform except for your personal, non-commercial use;
  • (c) conduct data mining or scraping activities; and
  • (d) disassemble, decompile, reverse engineer, decrypt or attempt to derive any code or extract the software from, the Platform or any software or services made available on or through the Platform;
3.1.13. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Kolaker App Inc. or to disrupt the natural functions of the Platform;
3.1.14. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
3.1.15. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Kolaker or any third party;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.17. You agree that your use of the Service will be subject to Kolaker’s Policies as may be amended from time to time;
3.1.18. You agree to assist Kolaker with any internal or external investigations as may be required by Kolaker in complying with any prevailing laws or regulations in place; and
3.1.19. You agree that Kolaker may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a particular period of time and if there would not be any response from our notifications about your account.
4. Compatibility
Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant the compatibility of the Platform with specific mobile devices or other hardware.
5. Payments
5.1. Consumers are required to make full payment of the Consumer Charges for all services offered in the Application by the method selected at the time of booking, which may be through one of the automated payment methods available to you through PayMongo on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
5.2 Automated payment may be made by credit card and or debit card, and alternative e-Wallets as made available in the Application.
5.3 The rates provided by the healthcare professionals or providers are fixed and final, thus Senior Citizen and Person-With-Disability (PWD) benefits are not applicable, nor are discounted from Health Providers, Governing Bodies, Health Maintenance Organizations (HMOs), and Insurance are not granted and exercised.
5.4 Failure to process payment for at least five (5) tries will automatically cancel your booking and will no longer be processed or deemed a successful transaction with Kolaker App, Inc.
6. Cancellation & Refund Policy By You
6.1 All requests for service cancellation must be made early or at least a minimum of 3 days prior to the booking date for it to be credited via the Kolaker wallet — which can be used to book in your next transaction.
6.1.1 Failure to provide notice of cancellation at least 3 calendar days prior to the booking date will result in 30% less credit. Booking cancellations made less than 3 days before the scheduled service will result in no monetary refund or credit either via cash or Kolaker wallet.
6.2.1 This includes, but is not limited to, booking fees, transaction fees, and professional services fees. In addition, if the company cancels your account for violation of this Agreement, all payments made to the Company become completely monetarily non-refundable.
6.2.2 Cancellation and refund will be provided in the form of Kolaker Credits amounting to the same paid transaction made.
6.2.3 Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to legal dispute by Kolaker App.
6.2.4 If you feel have any concerns, or clarifications, or need further assistance on your Booking Cancellation, you may contact Kolaker via info@kolaker.com for assistance.
7. Cancellation of Bookings By Us
7.1 Kolaker may cancel a booking under the following terms and conditions:
  • There are unprecedented technical errors on the provider’s end;
  • Sudden change in health protocol, services, and practices;
  • Sudden unauthorized issue with the professional and/or provider; and,
  • Emergency situations or Acts of God, like natural catastrophes outside human control that are unexpected like earthquakes, floods, volcanic eruptions, etc.
8. Warranties and representations
8.1 You warrant and represent to us that:
  • You are of the legal age of 18, and if not, have a parent(s) or legal guardian(s) who fully consent to your booking and transaction with Kolaker App, Inc;
  • All the information that you provide with Kolaker App, Inc. is true, accurate, complete, current, and verifiable through the appropriate authorities.
9. Entire Agreement
9.1. This Agreement comprises the entire agreement between you and Kolaker in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save were mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Kolaker which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in reference to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Kolaker in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.
10. Governing law and dispute resolution
This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof shall be settled by arbitration in the Philippines by a panel of three (3) arbitrators in accordance with the Philippine Dispute Resolution Center, Inc. (“PDRCI”) Arbitration Rules as at present in force. Should interim judicial relief be necessary for connection with this Agreement, the parties may seek appropriate relief before the courts of Pasig City to the exclusion of other venues.
11. Changes to These Terms and Conditions
KolakerApps Inc. reserves the right to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days‘ notice prior to any new terms taking effect.
Contact Us
If you have any questions about these Booking Terms and Conditions, You can contact us:

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