COVID19 Philippines LGU Monitoring Platform Terms and Conditions of Use

Feasibility Analysis of Syndromic Surveillance Using a Spatio-Temporal Epidemiological Modeler for Early Detection of Diseases (“FASSSTER”) Project Team is the author and publisher of the internet resource www.fassster.ehealth.ph/covid19/ (“Web Application”).

  1. NATURE AND APPLICABILITY OF TERMS


Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at
https://fassster.ehealth.ph/covid19/web/privacy (“Privacy Policy”)before you decide to access the Web Application or avail the services on the Web Application by FASSSTER. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and FASSSTER  in connection with your visit to the Web Application and your use of the Services (as defined below).

  1. The Agreement applies to you whether you are -

i.) Designated national agencies from Department of Health (DoH),

ii.) Inter Agency Task Force (IATF), and

iii.) Local Government Units (LGUs); or

iv.) Otherwise a user of the Web Application (“you” or “User”).

  1. This Agreement applies to those services made available by FASSSTER on the Web Application (“Services”), which are offered free of charge to the Users , including the following:

i.) View LGU specific dashboard which contains

  1. Frequency counts on confirmed cases distributed to mild/moderate, severe, critical, recovered and deaths; 
  2. Distribution by Age, Sex, and Age & Sex
  3. Bar and Line Graph on frequency count of confirmed cases
  4. Aggregate counts on self-screening on Covid19

ii.) Time Series visualization on projected numbers per identified scenarios on ECQ and Health Capacity

iii.) Projected numbers on Health Capacity, Safety net for Covid, and Available Funds for Covid Response

iv.) Geospatial maps on projections and aforementioned variables

The Services may change from time to time, at the sole discretion of FASSSTER, and the Agreement will apply to your visit to and your use of the Web Application to avail the Service, as well as to all information provided by you on the Web Application at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Web Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at fassster.covid@gmail.com.


By downloading or accessing the Web Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.


We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Web Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Web Application or to particular Service are also considered as part of the Agreement.


You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Web Application or avail any Services.

Your access to use of the Web Application and the Services will be solely at the discretion of FASSSTER.


The Agreement is published in compliance of, and is governed by the provisions of the Philippine law, including but not limited to the:

  1. Universal Healthcare Act,
  2. Philippine Data Privacy Act of 2012 (the “DPA”) (Republic Act No. 10173), to the extent provided under Section 6, and
  3. rules, regulations, guidelines and clarifications framed there under, including the DICT, DOH, Philhealth.

  1. CONDITIONS OF USE


By registering, visiting and using the Web Application or accepting this Agreement, you represent and warrant to FASSSTER that you are 18 years of age or older, and that you have the right, authority and capacity to use the Web Application and the Services available through the Web Application, and agree to and abide by this Agreement.

Furthermore, by registering and using the Web Application, you hereby warrant that any and all information/data/services generated or accessed through the System must be in accordance with law or authority provided by law.

  1. TERMS OF USE:
  1. REVIEWS AND FEEDBACK DISPLAY RIGHTS OF FASSSTER
  1. All Critical Content is based on data collected from various  national agencies and collaborators (Ateneo Center for Computing Competency and Research, Tugon, Philippine Institute for Development Studies, National Economic and Development Authority, University of the Philippines Manila - National Telehealth Center, Asian Institute of Management, Epimetrics) of FASSSTER. As a platform, FASSSTER does not take responsibility for Critical Content. Critical content include but is not limited to the following:
  1. Disaggregated frequency counts of confirmed cases by health status, admission status, sex, age, sex & age.
  2. Aggregated counts of self-screening reports on Covid19.
  3. Graphs of confirmed cases.
  4. Time-series visualization of projections on identified ECQ scenarios and health capacity.
  5. Geospatial maps of projections and its variables.
  1. FASSSTER reserves the right to collect feedback and Critical Content for all users of the Web Application.
  2. FASSSTER reserves the right but shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service.
  3. FASSSTER reserves the right to moderate, publish, re-publish and use all user generated contributions and comments (including but not limited to reviews) posted on the Web Application as it deems appropriate (whether in whole or in part) for its product (s), whether owned or affiliated. FASSSTER shall not be liable to pay any considerations to any User for re-publishing any content across any of its platforms.
  4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable. FASSSTER informs End-Users that they should provide feedback only in accordance with applicable law. FASSSTER shall not be liable for any effect on User’s operations/ decision due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk.
  5. FASSSTER  will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Web Application shall be applicable mutatis mutandis in relation to Critical Content posted on the Web Application.
  1. INDEPENDENT SERVICES
    Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by FASSSTER.

  1. FASSSTER REACH RIGHTS
    FASSSTER reserves the rights to display sponsored listings on the Web Application. These listings would be marked as “Premier Listings”. Without prejudice to the status of other content, FASSSTER will not be liable for the accuracy of information or the claims made in the Sponsored Listings. FASSSTER does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. FASSSTER will not be liable for the services of the providers of the Sponsored Listings.


You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and FASSSTER accepts no liability for the same.

  1. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
  1. Users are only allowed to view and interact with content displayed in the Web Application. Only users from LGU Health Offices and Epidemiological Surveillance Units (ESUs) are allowed to process personal information of self-reporting mobile subscribers using the TanodCovid application.
  2. Consistent to existing laws and relevant rules and regulations, you are not permitted to host, display, upload, process, modify, publish, transmit, update or share any information that:
  1. goes beyond and/or not aligned to the purpose and objectives of the Web Application;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of Philippines, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  1. Users are also prohibited from:
  1. violating or attempting to violate the integrity or security of the Web Application or any FASSSTER Content;
  2. transmitting any information (including job posts, messages and hyperlinks) on or through the Web Application that is disruptive or competitive to the provision of Services by FASSSTER;
  3. intentionally submitting on the Web Application any incomplete, false or inaccurate information;
  4. making any unsolicited communications to other Users;
  5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Web Application;
  6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Web Application;
  7. copying or duplicating in any manner any of the FASSSTER Content or other information available from the Web Application;
  8. framing or hot linking or deep linking any FASSSTER Content.

  1. FASSSTER, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Web Application is being used by the User to commit any unlawful act and/or is being used in violation of provisions of the Philippine Law, shall be entitled to remove or disable access to the material or information. FASSSTER is entitled to act, within thirty six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law.  FASSSTER  shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  2. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, FASSSTER has the right to immediately terminate the access or usage rights of the User to the Web Application and Services and to remove non-compliant information from the Web Application.
  3. FASSSTER may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.

  1. EFFECTS OF BREACH OF THIS AGREEMENT
  1. Suspension or Termination of Account:

FASSSTER reserves the right to suspend or terminate a User’s access to the Web Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,

  1. Such User breaches any terms and conditions of the Agreement;
  2. A third party reports violation of any of its right as a result of your use of the Services;
  3. FASSSTER is unable to verify or authenticate any information provided to FASSSTER by a User;
  4. FASSSTER has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  5. FASSSTER believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for FASSSTER or are contrary to the interests of the Web Application.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Web Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Web Application by such User.

  1. Administrative, Civil and/or Criminal Liabilities:

Suspension/termination of User’s access/account shall not preclude the filing of appropriate cases against erring official, personnel, entity or user for administrative, civil, and/or criminal liabilities for any unauthorized/illegal use of the Web Application

  1. LIMITATION OF LIABILITY
    In no event, including but not limited to negligence, shall FASSSTER, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Web Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Web Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
  1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Web Application;
  2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Web Application;
  3. any unauthorized access to or alteration of your transmissions or data; or
  4. any other matter relating to the Web Application or the Service.
  1. INDEMNITY
    User agrees to indemnify and hold harmless FASSSTER, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. FASSSTER will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  1. APPLICABLE LAW AND DISPUTE SETTLEMENT
  1. You agree that this Agreement and any contractual obligation between FASSSTER and User will be governed by the laws of the Philippines.
  2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Web Application or the Services or information to which it gives access, shall be determined by arbitration in the Philippines, before a sole arbitrator appointed by FASSSTER. Arbitration shall be conducted in accordance with the applicable laws of the Philippines. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  3. Subject to the above Clause, the courts in the Philippines shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Web Application or the Services or the information to which it gives access.
  1. CONTACT INFORMATION GRIEVANCE OFFICER
  1. If a User has any questions concerning FASSSTER, the Web Application, this Agreement, the Services, or anything related to any of the foregoing, FASSSTER customer support can be reached at the following email address fassster.covid@gmail.com or via the Tawk.To application embedded in the Web Application.
  2. In accordance with the DPA, and the rules made there under, if you have any grievance with respect to the Web Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our office at:
    Name:
    Company/Project:
    Address:
    Phone:
    Email: fassster.covid@gmail.com
    In the event you suffer as a result of access or usage of our Web Application, please address your grievance to the above person.
  3. SEVERABILITY
    If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by FASSSTER. Any consent by FASSSTER to, or a waiver by FASSSTER of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SCHEDULE

FASSSTER Feedback Collection and Fraud Detection Policy

FASSSTER Feedback Moderation and Fraud Detection Policy

  1. Scope
    This Policy document intends to explain the Feedback Moderation and Fraud Detection system deployed in FASSSTER.
  2. Feedback Moderation
  1. Feedback that is 3-worded or less – we have observed that they don’t help patients looking for insightful patient experiences
  2. Feedback that tends to have ulterior motives – advertising, spam, abuse, etc.
  1. Publish
  2. Withhold for investigation
  3. Decline to publish
  1. Moderation Rate
    The majority of Feedback is posted within 48 hours of submission. If a Feedback is flagged for a closer look by our moderators, it may take longer, especially during our busiest days. We try to base every decision we make on what our members will find helpful and relevant. At times, Feedback under investigation may take several weeks to process.
  2. Positive and negative Feedback
    As long as Feedback meets our guidelines, we’re happy to post it whether it’s positive or negative. The majority of our Feedback is indeed positive, and we do not influence or change the content.
  3. Fraud Detection
    Misusing or manipulating Feedback systems for personal benefit is the last thing FASSSTER would want to entertain on the FASSSTER Feedback System. FASSSTER has come up with its own standards and processes to detect Fraud and deal with them in the appropriate manner.
  4. Fraud as defined by FASSSTER
    The following actions may be considered fraudulent:
  1. Writing feedback for his/her own LGU
  2. Asking friends or relatives to write positive feedback
  3. Submitting feedback on behalf of a constituent
  4. Copying comment cards and submitting them as feedback
  5. Pressuring FASSSTER or a constituent to remove a negative feedback
  6. Offering incentives or any special treatment in exchange for feedback
  7. Hiring an optimization company, third party marketing organization, or anyone to submit false feedback
  8. Attempts by a LGU to damage his/her competitors by submitting negative feedback.
  1. Detecting fraud
    Unfortunately we are unable to disclose the specifics of our Fraud Detection System. But we can tell you that we dedicate significant time and resources ensuring that the content on FASSSTER reflects quality feedback by authentic Patients. We have quality assurance specialists who have brought a wide range of professional experience to enhance our prevention methods and our team spends thousands of hours every year ensuring the integrity of Feedback on FASSSTER. We also use automated tools that help flag questionable content for review, and very soon we will enable our large and passionate community of users to keep an eye out as well.
  2. Repercussions of being fraudulent
    If we determine that there is fraudulent Feedback submitted for a LGU, there could be several consequences:
  1. Legal side of fraudulent reviews
    In addition to being a violation of our terms of service and an unethical practice, this is also a violation of the law in many jurisdictions.

YOU HAVE READ THESE TERMS OF CONDITIONS AND USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.