Terms and Conditions

Acceptance of Terms

By accepting PxTrack (PXTRACK) Terms and Conditions (T&C), electronically or in writing, and/or by using PXTRACK Services, including but not limited to submission of content to our design department, payment or authorization of payment or sale, you (CLIENT) agree to be bound by the following terms and conditions. You also agree that your electronic acceptance of these TOS shall have the same force and effect as if you had agreed to these TOS in writing.

AGREEMENT

Syntactics Inc., a corporation registered under the Securities and Exchange Commission of the Philippines, provides PXTRACK Electronic Medical Services “SERVICES” and “YOU” “CLIENT” accepts the terms and conditions governing the subscription and use of “SERVICES” of SYNTACTICS.

Description of Service

PXTRACK is an accessible, flexible, and secure application that helps medical doctors store and access patient records in one place. With Internet connectivity, this EMR system allows you to access your records during your rounds or when you work from clinic to clinic. PXTRACK stores sensitive and confidential patient records in a secure cloud-based electronic medical records system that is compliant with data privacy standards for encryption, data integrity, and availability. Through PXTRACK, you can access all of your patient information, appointments, and records online whenever or wherever you need them with a single electronic medical records system. You can also work flexibly with an electronic medical records system that allows you to access records conveniently while incorporating the functions you need on desktop, mobile, and tablet devices.

As Internet connectivity is required to use the service, CLIENTs are responsible for obtaining the means to access PXTRACK’s Service that may involve third-party fees, such as but not limited to Internet Service Providers (ISP) and data-enabled services. You are also responsible for all equipment and software necessary to access PXTRACK’s Service.

Electronic Delivery Policy

PXTRACK is an electronic medical records system, a product of Syntactics, Inc. – SYNTACTICS. When you accept this TOS, you consent to receive electronically from SYNTACTICS any notices, agreements, disclosures, or other communications (Notices). You agree that SYNTACTICS can send you electronic Notices in either of the following ways:

1. to the email address you provided to SYNTACTICS at the time of sale, or
2. to the new email address account you set up/purchased through SYNTACTICS.

You agree to check your designated email addresses regularly for notifications. Notifications from SYNTACTICS are effective when sent by SYNTACTICS, regardless of whether you read the Notice when you received it or whether you actually received the delivery.

Syntactics makes no warranties of any kind, express or implied, as to: 
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES; OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

Use of Services

PxTrack is protected by copyright and intellectual property laws; you are granted the right to use the services based on the package type that you subscribe to and only for the purposes of patient records management. During the effectivity of this agreement, CLIENT is granted limited, nonexclusive, nontransferable rights and license to use SERVICES. SERVICES must not be resold or otherwise transferred to third parties. CLIENT agrees that they will not:

• Provide access to or a part of SERVICES to third parties
• Reproduce, copy, modify, sell, trade, lease, sell, resell SERVICES
• Decompile, disassemble, or reverse engineer SERVICES
• Make the SERVICES available on any file-sharing or application-hosting service

PAYMENT

The Service is offered on a subscription basis; the following terms apply unless Syntactics or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

• Periodic services fee will be billed to you (plus any and all applicable taxes, including without limitation VAT), as shown in the product ordering and subscription terms, may be payable monthly or annually, and your account will be debited when you subscribe and provide your payment information unless stated otherwise in the program ordering or payment terms on the website for the Services. Payment is accepted in cash, checks, credit cards, and GCash.
• Syntactics will automatically renew your monthly, quarterly, or annual Services at the then-current rates unless the Services subscription is canceled or terminated under this Agreement.

Syntactics may change its pricing at any time, provided that existing subscribers are notified in writing or through email. Fully paid subscriptions will not incur additional fees in the event that the company changes its product pricing for its services.

Additional cancellation or renewal terms may be provided to you on the website for the Services

USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of your agreement with your mobile device and telecommunications provider.

Data Privacy

Compliance with the data privacy laws in the country of operation shall be the primary responsibility of the CLIENT. As the Personal Information Controller, CLIENT shall ensure that the processing of personal and sensitive information shall be lawful and in adherence to general data privacy principles and the implementation of organizational, physical, and technical security. Where there is a report of a breach in the processing of personal data involving the services of PXTRACK, CLIENT shall inform SYNTACTICS of the fact and shall coordinate with SYNTACTICS to resolve such breach. Where the breach is determined or reported to SYNTACTICS, SYNTACTICS shall inform the CLIENT.

1. Breach Involving PxTrack Services. Where the security breach in the processing of personal and sensitive data involves PXTRACK software, as Personal Information Processor, SYNTACTICS shall inform the CLIENT and shall provide the CLIENT with a complete report on the nature of the breach, steps conducted to resolve the breach and restore the service based on the latest data backup. The responsibility of determining the requirements of notification and the notification of the data subjects and appropriate data privacy authorities shall be the responsibility of the CLIENT. Where the breach occurs outside the services of PXTRACK, the primary responsibility for the resolution of the breach falls on the CLIENT, and CLIENT shall not hold PXTRACK and SYNTACTICS liable for such breach.
2. Cross Border Data Policy. CLIENT agrees to the hosting and storage of personal data outside of the country of their operations. In the best interest of our clients, we contract third-party cloud data centers that are innovative, reliable, and secure. CLIENT can also have the option to require SYNTACTICS to host and store their data in the country of their operations provided that the CLIENT shoulders additional costs related to the provision of such request.

CLIENT shall be responsible for informing their patients of the cross-border transfer of their personal data and shall secure their consent that the personal and sensitive information of CLIENT’s patients is stored outside of their country for security purposes.

Unacceptable Practices

As we strive to offer the best service, there are certain guidelines and policies that must govern our efforts and relationships with our clients. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of our Service. Such decisions are at the sole discretion of PXTRACK. Unacceptable practices that involve the use of our software include but are not limited to:

1. Bulk emailing tools
2. Distribution of Internet viruses or other harmful or destructive activity
3. Posting of content that is unlawful, obscene, defamatory, vulgar, harmful, threatening, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, racially, chauvinistically, ethnically, or otherwise objectionable content or language
4. Content or language that is harmful to minors in any way
5. Illegal activities, such as Ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or Content that infringes on third parties’ intellectual properties
6. Intentional or unintentional violations of any applicable local, state, national, or international law
7. Links to other sites that are in violation of PxTrack policies and guidelines
8. Other activities, whether lawful or unlawful, that PxTrack deems to be in poor taste or that reflect adversely on PxTrack or our other clients

As a SYNTACTICS CLIENT, you agree to conduct your business in a legal and professional manner. You understand that all information, data, text, software, music, sound, photographs, video, messages, and other material (Content) on your EMR system is the sole responsibility of the CLIENT. You are fully responsible for all EMR system Content and agree to hold SYNTACTICS harmless in the event of third parties’ legal issues brought against you for your business practices. SYNTACTICS retains the right to terminate any accounts that are in violation of the letter or spirit of this TOS.

You acknowledge that SYNTACTICS may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of SYNTACTICS and the public.

SYNTACTICS may collect statistical Content. Provided that CLIENT explicitly agrees (SYNTACTICS shall provide CLIENT request for statistical collection) to the collection of statistical content without disclosing the identity of data subjects or the identity of the doctors and medical institutions, SYNTACTICS may collect statistical information to be submitted to the Department of Health in response to the study of occurrence or frequency of occurrence of diseases in a geographical location in the Philippines. The content collected will only be diseases, geographical location of patients affected, dates, and number of times of occurrence.

Intellectual Property Policy

SYNTACTICS respects copyright laws and the intellectual property of others. SYNTACTICS may terminate accounts for copyright infringement. The CLIENT MUST own a copyright or have reproduction rights to all artwork, trade names, photographs, and other materials supplied to the PXTRACK application/SYNTACTICS for inclusion on the CLIENT’s EMR system. The CLIENT shall indemnify SYNTACTICS against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The CLIENT shall have full liability for the consequences of the contents of their EMR system as long as it reflects the CLIENT’S instructions to SYNTACTICS. The CLIENT’s business name, logos, graphics, and photographs remain the Copyright of the CLIENT. Design, graphics, and programming produced by SYNTACTICS remain the intellectual property of SYNTACTICS unless otherwise agreed. Copyright of any CGI or JavaScript within the EMR system will remain the property of SYNTACTICS for the duration of the EMR system’s existence and shall not be modified or reused without the express permission of SYNTACTICS. Some domain names are registered as sub-domains of PXTRACK and not that of the CLIENT, depending on subscribed plans.

Restricted Use of the Services. You shall not allow or permit any users of the Services, to engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Syntactics or could subject Syntactics to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Syntactics’s opinion, is prohibited under this Agreement; (v) any other activity that places Syntactics in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Syntactics system or network or to breach Syntactics’s security or authentication measures, whether by passive or intrusive techniques. Syntactics reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support, or engage in any of the restricted uses described above.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all laws regarding the transmission of technical data exported from the country in which you reside.

Profile Creation Procedure and Use of PxTrack

DOCTORS/USERS will need to register for a PXTRACK account to be able to use the platform. When you register for a PXTRACK account, you will have to provide personal information as listed on the Privacy Notice page, including your login username and a unique password.

Your unique password should not be shared with anyone, and you must agree to keep it confidential at all times. It is your sole responsibility to keep your password safe. You must also accept that the accuracy of your profile’s data is your sole responsibility, as well as all appointments or bookings placed under your profile.

SYNTACTICS shall not be liable for any appointments/booking concerns due to incomplete, incorrect, or missing information that you have provided. Doctors are obliged to provide information that is complete, accurate, and truthful for the proper processing of the appointments/booking.

As stipulated on the Privacy Notice page, if you wish to delete your account, you must send us an email requesting the same. PXTRACK may restrict, suspend, or terminate your account and or use of the platform if PXTRACK reasonably believes that:

1. Someone other than you is using your PXTRACK account; or
2. Your account is suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms and Conditions or involved in any activity or conduct which is deemed in our sole discretion to be an abuse of the platform.

You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and for contacting Syntactics if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services. You agree to receive these updates.

DISCLAIMER OF WARRANTIES

1. YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNTACTICS, ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. SYNTACTICS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE 100% SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION.
2. SYNTACTICS, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

LIMITATION OF LIABILITY AND INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SYNTACTICS, ITS AFFILIATES, AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, SYNTACTICS, ITS AFFILIATES, AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYNTACTICS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF SYNTACTICS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SYNTACTICS, ITS AFFILIATES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND THEIR USE.

You agree to indemnify and hold Syntactics and its Affiliates and Suppliers harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Syntactics reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Syntactics in the defense of any Claims.

CHANGES

We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

TERMINATION

Syntactics may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Syntactics policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Syntactics’s interests or those of another user of the Services. Upon Syntactics’ notice that your use of the Services has been terminated, you must immediately stop using the Services, and any outstanding payments will become due. Any termination of this Agreement shall not affect Syntactics’s rights to any payments due to it. Syntactics may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

GOVERNING LAW AND JURISDICTIONAcceptance of Terms

This Agreement will be governed by the laws of the Philippines. Notwithstanding the preceding, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Syntactics’ or its Suppliers’ intellectual property rights may cause Syntactics irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Syntactics shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Syntactics’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Cagayan de Oro City, Philippines, and you agree that you will procure that any third party making a claim against Syntactics arising out of this Agreement shall bring such claim exclusively in the Cagayan de Oro City, Philippines courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.

Syntactics does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Syntactics prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

GENERAL

This Agreement is the entire agreement between you and Syntactics regarding its subject matter and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law having the jurisdiction rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You may not assign or transfer this Agreement to anyone without written approval of Syntactics. However, Syntactics may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Syntactics, or (c) a successor by merger. Any assignment in violation of this Section shall be void.

CANCELLATION

Upon cancellation, you will be able to access the Services only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Services. Syntactics shall turn over all content contained in the Services in PDF form, contained in a USB device, and shall be mailed to you at the address you provided.