JoJoCare Terms and Conditions

This Terms of Service Agreement (the “Agreement”) describes the terms and conditions on which JoJoCare (hereinafter “JoJoCare”, “we” or “our company”) offers Services (as defined below) to you (“User” or “You”). By registering for or using JoJoCare Services, or accessing or browsing this website, you agree to be bound by the following terms and conditions, whether or not you are a registered member of JoJoCare. Your use of the JoJoCare Services may also be governed by the JoJoCare Privacy Policy and other agreements as may be applicable to a particular JoJoCare Service, which are hereby incorporated by reference into this Agreement. We retain the right, at our sole discretion, to deny access to anyone to our website(s) and the services we offer, at any time and for any reason, including, but not limited to, violation of any term of this Agreement.

For the purposes of this Agreement:

(a) “User” or “you” means the individual or business entity (including its employees and agents) that is using or registering to use the Services or accessing or browsing this website;

(b) “JoJoCare Services” or “Services” means those electronic or interactive services offered by JoJoCare.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

  1. Eligibility for JoJoCare Services

    Our Services are available only to individuals of at least eighteen years old and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts and are entitled to subscribe to and access our services under applicable law. A User who is an individual hereby represents and warrants that he/she is at least eighteen years old. A User which is a business entity hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement), and that the person agreeing to this Agreement for such User is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for such User.

  2. JoJoCare Services

    JoJoCare is a holistic care app that helps people access a diverse selection of skilled and expert individuals online. JoJoCare is open to all medical, legal, teaching, and wellness experts who can provide online services.

    JoJoCare is a cloud-based platform. We utilize users’ information to enable individuals and businesses to register with JoJoCare; to avail of the services of the licensed and skilled professionals; provide users with better customer service; enhance customer experience and determine tailored content to meet users' preferences and needs; communicate relevant services and/or advisories to users; and process information for statistical, analytical, research and other related purposes.

    To facilitate the JoJoCare Services, you undertake to comply with the minimum technical requirements in order to avail of the Services. Some of these requirements include: device requirements such as computer desktops, laptops or 4G, LTE-enabled smartphones, built-in cameras or external webcams, built-in microphones with stable output and input or external headsets; system requirements such as Windows 7, 8, and 10, Mac OS 10.8 or higher, Android Lollipop or higher, IOS 10 or higher, Intel Core i3 or higher and at least 5GB RAM; internet and browser requirements such as wired DSL Internet Connection or WIFI with at least 5Mbps speed, 4G or LTE Network Google Chrome Version 51 or higher. JojoCare shall not be liable for any issue in the availability of Service if you do not comply with these minimum technical requirements. These requirements may change as our technology advances.

    JoJoCare is a technology platform. JoJoCare is not a medical service provider, health insurance company, health insurance agent, law office, or any other professional firm and it does not give professional advice. The professionals registered in JojoCare are the ones giving professional advice to the client who are also users of the JojoCare platform.

    As a JoJoCare User, you are responsible for keeping your appointments/sessions private. You control the depth of interaction on our website. No individual other than yourself should hear your communication and/or have access to your JoJoCare account.

    Clients must provide pertinent information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. We may also collect certain optional information, including: middle name or initial, home phone numbers and other contact information, other demographic information, health insurance information, as well as picture and communications preferences. In addition, the client can communicate other service-related information to the Professional Expert during a session via JoJoCare.

    Professionals must provide specific information about themselves and their practices including: name, date of birth, gender, address, email, mobile and work phone numbers, as well as a user id and password. We may also collect certain information that describes their expertise, including: license number and license ID, certifications, affiliations and specializations or skills. Moreover, professionals must also provide their professional fees, schedules and other service-related information such as prescription and medical certificates, if needed, for medical experts; and other documents to meet clients’ needs via the app.

    The professionals you find through our website are independent licensed and skilled individuals and are not employed by JoJoCare. They are free to set their own rates and professional fees. JoJoCare is not responsible for the medical, legal, and other advice they provide. We can access the messages and documents you sent through the website to ensure the quality of our platform.

    The fees for using the JoJoCare Services are set out upon booking your appointment.

    Subject to the terms and conditions of this Agreement, you may access and use the JoJoCare Services for your own personal use. JoJoCare reserves the right to change or discontinue any of the Services at any time.

    JoJoCare likewise reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the JoJoCare Services, including, but not limited to, technological barriers, IP mapping, and/or directly contacting your Internet service provider regarding such unauthorized use.

    1. Terms Specific to Patient and Health Care Provider Responsibilities

      JoJoCare facilitates various types of health-related services such as telemedicine, medicine delivery, secure health data storage, e-prescription, e-medical certificate, and pick-up of laboratory specimens and results.

      USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

      While JoJoCare Services may provide access to certain general medical information, and also allow patients to communicate with health care providers, the Services we provide cannot and are not intended to provide medical advice. We advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR ANY OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTH CARE PROVIDER’S ABILITY TO USE OUR SERVICES is not an endorsement or recommendation of that health care provider by JoJoCare.

      To the extent medical advice is provided to you by a health care provider through the Services, such medical advice is based on your personal health data as provided by you to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your healthcare provider is not under the control of JoJoCare, nor is it provided to or used by JoJoCare.

      If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the healthcare provider is solely at your own risk and you assume full responsibility for all risks associated therewith, to the extent permitted by law. By using the Service, you agree to not hold JoJoCare liable in any way for any malpractice or substandard treatment the healthcare provider may render.

      If you are a healthcare provider, you accept responsibility for your patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining the relevant professional licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.

      You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Data Privacy Act of 2012. JoJoCare has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and the confidentiality of your patients. You may be asked to enter a Data Sharing Agreement with JoJoCare if necessary to ensure the privacy and confidentiality of protected health information.

      JoJoCare can facilitate E-Certs, where doctors can issue digital medical certificates but we do not guarantee that the electronic medical certificates will be acceptable to a third party as evidence or documentation for sick leaves and other absences.

      For E-prescriptions services, the health provider must provide the following information on the prescription: 1. Doctor’s name, clinic and practice information; 2. Detailed summary of the medications prescribed; 3. License Number of the doctor; and 4. Doctor’s signature.

    2. Terms Specific to Client and Attorney Responsibilities

      JoJoCare provides a platform for legal information and does not endorse or recommend any attorney including any of the participating attorneys you find on our website. JoJoCare has no warranty or representation as to qualification and competency of the participating attorneys and as to the accuracy and completeness of their work. The information you provide our Website is yours for personal use but you cannot sell or give away the JoJoCare Professionals template they provided you unless a consent from your professional is present.

  3. Ownership

    The JoJoCare Services are owned and operated by First Shoshin Holdings, Inc. You acknowledge that all materials (except those uploaded by you and other users) provided on our websites, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively “Materials”), are provided either by JoJoCare or by their respective third party authors, developers, and vendors (collectively “Third Party Providers”) and the underlying intellectual property rights are owned by JoJoCare and/or its Third Party Providers. Elements of our websites are protected by intellectual property laws and may not be copied or imitated in whole or in part. JoJoCare, the JoJoCare logo, and other JoJoCare products referenced herein are trademarks of JoJoCare, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. All rights to the same are hereby reserved.

  4. User Information

    User represents and warrants that the information it provides in JoJoCare contact information forms is true, accurate, current, and complete. User agrees to maintain and update this information to ensure that it is true, accurate, and complete. If, at any time, any information provided by User is untrue, inaccurate, not current, or incomplete, JoJoCare will have the right to suspend, restrict, or terminate User’s account and this Agreement.

  5. User Account
    5.1 Membership Accounts

    User may become a registered member (“Member”) by entering into a membership agreement with JoJoCare or other relevant agreements of JoJoCare from time to time. Members are limited to one free account per person or business entity. Your JoJoCare account is solely for your own personal use and benefit. Notwithstanding the above, you acknowledge that JoJoCare reserves the right to charge for any portion of the JoJoCare Services and to change its fees (if any) from time to time in its sole discretion.

    You are solely responsible for your interactions with other Members. JoJoCare reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members, including, but not limited to, the suspension or termination of the account of either or both Members.

    5.2 Authorized Users

    For business accounts, You may designate persons to act as your agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for you. Furthermore, you represent and warrant that each person who registers under your account is your authorized agent (an “Authorized User”) who has such legal capacity.

    5.3 Responsibility for Access

    You are solely responsible for maintaining the confidentiality of your access information (i.e., account IDs and passwords) and for restricting access to your computer, and you agree to accept responsibility for all activities, actions, incidents, and damages that occur under your account or password.

    5.4 Notification of Unauthorized Use

    If you have any reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately notify JoJoCare.

    5.5 Identity Authentication

    You authorize JoJoCare, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number, and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. JoJoCare reserves the right to close, suspend, or limit access to your account and/or the JoJoCare Services in the event we are unable to obtain or verify this information.

    5.6. Errors

    In the event of an error, whether computer or human error, or whether via our Services, in processing your transaction, or otherwise, we reserve the right to correct such error and revise your transaction accordingly (including charging the correct price) or to cancel the transaction and refund any amount received.

    If you think we have made an error, you may email us at support@JoJoCare.io. In your correspondence, you must give us information sufficient to identify you, your account, and the transaction on which you believe an error occurred. You must contact us within thirty (30) days after the transaction occurred. Within thirty (30) days of receiving your request, we must either correct the error or explain to you why we believe the transaction was correct.

  6. JoJoCare’s Intellectual Property Policy

    JoJoCare respects artist and content owner rights. Thus, it is JoJoCare’s policy to respond to notices of alleged infringement. JoJoCare will promptly terminate without notice any User’s access to the Services if that User is determined, in the sole discretion of JoJoCare, to be a “repeat infringer.” For purposes of this provision, a repeat infringer is a User who has been notified by JoJoCare of infringing activity violations more than twice.

    You agree not to use the JoJoCare site or the Services to transmit, route, provide connections to, or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

  7. Acceptable Use

    You agree to comply with all applicable local, national and foreign laws, treatises, and regulations in connection with your use of the Services. By using the JoJoCare Services, you further agree not to:

    • use the Services in any manner not permitted by this Agreement;

    • circumvent, disable, or interfere with security-related features of the Services or features that prevent or restrict use or copying of any content therein;

    • rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the Services granted herein;

    • delete the copyright or other proprietary rights on the JoJoCare Services;

    • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Members or Users. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

    • use the JoJoCare Services for any illegal purpose, or in violation of any local, national, or foreign law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

    • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the JoJoCare Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

    • attempt to gain access to any account or computer resource not belonging to you without authorization from the owner (e.g., hacking);

    • facilitate any viruses, trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data, or information;

    • interfere with the use or enjoyment of the JoJoCare network or Services by other Users or Authorized Users;

    • hold JoJoCare, its suppliers, officers, directors, employees, agents, affiliates, or shareholders up to public scorn, ridicule, or defamation;

    • remove, modify, disable, block or obscure, or otherwise impair any advertising in connection with the JoJoCare Services;

    • circumvent any JoJoCare policy or determination about your account such as, but not limited to, temporary or indefinite suspensions by attempting to create a new or additional JoJoCare account, creating a new or additional JoJoCare account with information belonging to others, using another person’s JoJoCare account, or any other similar acts;

    • refuse to cooperate in an investigation or provide confirmation of your identity or any information which you provided to JoJoCare;

    • use the Services in a manner that results in or may result in complaints, claims, or any other liability to JoJoCare, other Users, third parties, or you;

    • take any action that may cause JoJoCare to lose any of the services of its internet service providers, payment processors, or other suppliers;

    • control an account that is linked to another account that is committing any of the foregoing acts;

    • encourage or instruct any other individual or entity to do any of the foregoing or to violate any term of this Agreement;

    • do anything analogous or similar to the foregoing.

  8. Disclaimer

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    (a) YOUR USE OF THE JoJoCare SERVICES IS AT YOUR SOLE RISK. JoJoCare SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JoJoCare, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSOCIATES TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE JoJoCare WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. JoJoCare, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SHAREHOLDERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR SERVICES, SOFTWARE, OR CONTENT;

    (b) JoJoCare MAKES NO WARRANTY AND ASSUMES NO LIABILITY OR RESPONSIBILITY (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (VI) FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR WEBSITE, (VII) FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VIII) FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IX) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (X) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES;

    (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;

    (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND

    (e) JoJoCare SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF JoJoCare, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND SHAREHOLDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    f) YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SECURITY BREACH, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

    Some jurisdictions do not allow for the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, so the limitations or exclusions of liability in this Agreement above may not apply to you.

  9. Indemnity

    You agree to defend, indemnify, and hold harmless JoJoCare, its affiliates, and/or their respective suppliers, officers, directors, employees and agents, from and against any reversals, chargebacks, claims, fees, actions or demands, recoveries, losses, damages, fines, penalties, including without limitation reasonable legal fees, alleging or resulting from your use of the Services, or your violation of the rights of a third party or your breach of this Agreement or your warranties herein or other JoJoCare policies, terms and conditions.

  10. Limitation of Liability

    Your use of the Services is at your own risk. If you are dissatisfied with any aspect of our Services or with these terms and conditions, or any other rules or policies, your sole remedy is to discontinue use of the Services or termination of your membership. You expressly understand and agree that JoJoCare shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the Services.

  11. Modifications to Agreements, Policies, or to our Services

    We reserve the right to change this Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Services, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. Further, you acknowledge that JoJoCare may change applicable subscription fees in Schedule “A” at any time without notice. Changes in subscription fees will take effect on expiration of any existing subscription.

  12. Termination
    12.1 Suspension or Termination by JoJoCare

    Without prejudice to other remedies which JoJoCare may have, JoJoCare may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) or restrict either temporarily or indefinitely, or terminate User’s account and refuse to provide Services to User if: (a) JoJoCare believes that User has violated or acted inconsistently with this Agreement, or any of our policies; or (b) User has failed to pay fees or other payments due to JoJoCare; or (c) JoJoCare is unable to verify or authenticate any information User provides to JoJoCare; or (d) JoJoCare believes that User’s actions may cause legal liability for User, JoJoCare’s other clients, or JoJoCare.

    JoJoCare may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that JoJoCare may immediately deactivate, archive, or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that JoJoCare shall not be liable to you or any third-party for any termination of your access to the Services.

    12.2 Termination by User

    You may terminate this Agreement by following the instructions in the JoJoCare site. Upon termination, we will cancel any pending transactions.

    12.3 Effect of Termination

    Upon termination of this Agreement by either User or JoJoCare, all of User’s rights under this Agreement, and JoJoCare’s provision of Services, shall terminate immediately.

  13. Third Party Websites and Information

    Our website(s) may provide hyperlinks to third party websites or access to third party content. JoJoCare does not control, endorse, guarantee, or assume responsibility for any content, product, or service found in such third-party websites through our websites or any hyperlinked website or featured in any banner or other advertising. You agree that JoJoCare is not responsible for any content, associated links, resources, or services associated with a third-party website and JoJoCare will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You further agree that JoJoCare shall not be liable for any loss or damage of any sort associated with your use of third-party content. Links and access to these third-party websites are provided for your convenience only.

  14. Arbitration

    YOU AND JoJoCare AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, OR UPON REQUEST BY JoJoCare FOR RESOLUTION AT ANY OTHER FORUM AT JoJoCare’S SOLE DISCRETION, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE, AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user policy or conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the Philippine Dispute Resolution Center, Inc. (PDRCI). The language of the arbitration shall be English. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law and except as otherwise approved by JoJoCare, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

  15. Miscellaneous

    These terms and conditions will be governed by and construed in accordance with the laws of the PHILIPPINES, excluding that body of law governing conflict of laws. Any legal action or proceeding not subject to arbitration, relating to or arising out of these Terms or your use of our websites will be brought in the proper courts in the PHILIPPINES, and you submit to the venue and personal jurisdiction of such court and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in PHILIPPINES. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. JoJoCare’s failure to act with respect to a breach by User or others does not waive JoJoCare’s right to act with respect to subsequent or similar breaches. No action by User arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

    15.1 Assignment

    User may not assign any of its rights, or delegate any of its duties under this Agreement, and any attempted assignment will be null and void. JoJoCare may assign any of its rights or obligations without notice and/or restriction.

    15.2 Force Majeure

    We do not represent that JoJoCare and/or the Services will be available without interruption. Although we will strive to provide you with continuous operations, we do not guarantee continuous access or that there will be no delays, failures, errors, omissions or loss of transmitted information. Operation of our Services may be interfered with by numerous external factors that we cannot control and we shall not be liable for delays, failure in performance or interruption of Service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, acts of terrorists, civil disturbance, war, epidemic, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, code error and other catastrophes or any other occurrences which are beyond our reasonable control.

    15.3 Interpretation

    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement is prepared and executed in the English language. The English language version shall govern the parties’ relationship. Any translation of this Agreement into other languages shall be for informational purposes and shall have no legal effect.

    15.4 Entire Agreement

    Except for other agreements or terms appearing on our websites, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

  16. Additional Information

    Any questions relating to our Legal Agreements and Policies may be directed to (legal@JoJoCare.io).