Terms and Conditions

Terms and Conditions

Welcome to ANNA [https://anna.ph] (“we”, “us”, or “our”)!

Please read the following Terms and Conditions (“Terms”) carefully before using our website and/or mobile application (the “Platform”) or opening an ANNA account (“Account”) so that you are aware of your legal rights and obligations with respect to us.

If you do not agree with the Terms, we request that you do not use the Platform.

The Terms serve as a legal contract between you and Anna.ph. By accessing or using the Platform or any of our Services, you hereby fully agree to the Terms.

We may change the Terms at our discretion, and we will notify you of any material changes by posting a message on our home page or through a prompt in the mobile application. Your continued use of the Platform or Services after any such change will constitute your acceptance of any modified terms.

Definitions

Kindred Health, Inc. (“KINDRED”) is a corporation duly organized and existing under and by virtue of the laws of the Philippines, with its registered office address at Unit 208A Bonifacio Ridge Condominium 1st Ave, Bonifacio Global City, Taguig City.

Anna.ph (“ANNA”) is KINDRED’s birth control arm, through which, it offers services, products, and delivery subscriptions specifically catering to its customers’ contraceptive and reproductive needs. While ANNA offers its services through a separate platform, it is not a separate juridical entity from KINDRED.

“Client(s)” shall include: (i) the Client or owner of the Account; and (ii) the parents or legal guardians of the minor who shall avail of the Services provided.

A “Healthcare Provider” is any duly-licensed doctor, counselors, wellness professional, or such other persons in the health and wellness business or any licensed and registered laboratory or pharmacy, laboratory pharmacy, wellness professional, or such other persons in the health and wellness business.

A Healthcare Provider is someone who intends to provide on-demand or scheduled medical services, which shall include, but is not limited to, Obstetrics-Gynecology (OBGYN) consultations or such other medical or wellness services made available by ANNA through and contracted through the Platform (the “Services”) and with whom ANNA has agreed to allow the use of its Platform for this purpose in accordance with the Terms set forth hereunder.

“User(s)” shall include: (i) the Client(s); and (ii) the Healthcare Provider allowed by ANNA to provide services through the Platform.

Collection and Use of Personal Information:

Your privacy is important to us at ANNA. Your use of the Platform and Services may involve the transmission to us of certain personally-identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy, which may be found at (https://anna.ph/pages/privacy-policy).
By transacting through the ANNA Platform, users acknowledge and consent to the sharing of their personal information to our official pharmaceutical partners for the sole purpose of order fulfillment and logistics.
All personal information shared through the ANNA platform will be shared exclusively with its official pharmaceutical partner solely for the purpose of order fulfillment and logistics. This information-sharing practice is essential to ensure efficient and accurate processing of orders, timely delivery of products, and overall customer satisfaction.
ANNA is committed to maintaining the confidentiality and security of customer data. The shared information will be limited to what is necessary for the fulfillment of orders and will not be used for any other purposes without explicit consent. Our official pharmaceutical partner is bound by a strict confidentiality agreement to safeguard the privacy of our customers.
Users in possession of another User’s personal data through the use of the Services hereby agree that, they will comply with all applicable personal data protection laws including but not limited to Republic Act No. 10173 and its Implementing Rules and Regulations, with respect to any such data.

The Services

The Services we provide include (a) consultation services, (b) the services provided by the Platform and by software made available through the Platform, and (c) all information, linked pages, features, data, text, images, photographs, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms. These Terms govern your use of Services provided by ANNA.
All information availed through your use of our Platform is provided for purposes as listed in our Privacy Policy.
Availing of certain Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party providers and/or contractors. In the event of a conflict between the Terms and the terms of any such other terms, the terms of such other terms will control.
Before becoming a User of the Platform, you must read and accept all of the terms and conditions in, and linked to, these Terms and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
ANNA reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason detrimental to ANNA.

Consent

By using ANNA services or opening an Account, you give your irrevocable acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies referenced herein and/or linked hereto.
If you do not agree to these Terms, please do not use our Services or access the Platform. If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “Legal Age”), you must obtain express written permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to the Terms. If you do not know whether you have reached the legal age, or do not understand this section, please do not create an Account until you have asked your parent or legal guardian for assistance. If you are the parent or legal guardian of a minor who is creating an Account, you must accept the Terms on the minor's behalf and you will be responsible for all use of the Account and Platform.

Your Account

You do not need to register an Account with us to visit and view the Platform. However, to access certain password-protected areas of the Platform and to use certain Services, you must register for an Account. To register for an Account, you must provide us with your first name, last name, e-mail address, and password. In order to avail of the Services you will be required to provide certain personally identifiable information including mobile number, home address, and medical or health information prior to finalizing a purchase.
You warrant and represent that all registration information provided by you are truthful and accurate. You are required to update your registration information as necessary from time to time if there are any changes in your registration information. All registration information and any other personal information that you provide to us through your use of the Service is subject to the terms of our Privacy Policy.
You must create a password for your Account. You are solely responsible for the confidentiality and safekeeping of your password, as well as for any use of the Platform or any Services made using your password. You agree to (a) keep your password confidential and use only your email address and password when logging in, (b) immediately notify ANNA of any unauthorized use of your Account, email address and/or password, and (c) ensure that your Account information is accurate and up-to-date.
You are fully responsible for all activities that occur under your Account including activities done under your name or Account. ANNA shall not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this section.
You acknowledge, consent to and agree that ANNA may access, preserve and/or disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over ANNA or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ANNA, its Users and/or the public.

The license for use of this Platform is effective until terminated. This license will terminate as set forth under these Terms or if you fail to comply with any term or condition of these Terms. In any such event, ANNA may effect such termination with or without notice to you.
You agree not to:

violate any laws, rules and regulations, third party rights, or our Terms and Privacy Policy;
use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform or Services;
remove any proprietary notices from the Platform and Services;
cause, permit or authorize the modification, creation of derivative works, or translation of the Platform and/or Services without the express permission of ANNA;
attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by ANNA with respect to the Services and/or data transmitted, processed or stored by ANNA;
harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
infringe the rights of ANNA, including any intellectual property rights and any passing off of the same thereof;
such other similar actions.

Your Representations and Warranties

You represent and warrant that:

you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms and to comply with the same; and
you will use the Services for lawful purposes only and in accordance with these Terms and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

Violation of our Terms of Service

Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

Limits placed on Account privileges
Account suspension and/or subsequent termination
Criminal charges
Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

If you believe someone on the Platform is violating these Terms, please contact our customer service at [care@mykindred.co].

Termination or Closing of an Account

Users may terminate their Account by sending a termination request to hello@mykindred.co and providing the details of their Account. You understand and agree that your Account will, at the earliest, be terminated seventy-two (72) hours after the request for termination.
Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), payment for the Services previously acquired or rendered, or the like, and Users must contact ANNA after he/she has promptly and effectively carried out and completed all incomplete transactions according to the Terms. ANNA shall incur no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this section. Users waive any and all claims based on any such action taken by ANNA.

Linkage to Bank Cards

Linkage to bank cards refers to the linkage relationship established by the User and the bank card owned by and registered in the Account by this User, so that the User can pay directly through the Platform.
When establishing linkage to bank cards, User shall fill in his/her name as shown on the card, card number, card’s expiry date, and CVV and this information shall be validated by the issuing bank (we shall not be responsible for the authenticity and accuracy of user information) before linkage is established.
User shall ensure that he/she is the true and lawful holder of the bank card designated to establish linkage and use our Services, may lawfully and validly use this bank card and authorize us to verify the authenticity and validity of the personal information provided by the User on its own or through a third party channel.
User warrants that the linkage and usage of a bank card does not infringe upon the lawful rights and interests of any third party, otherwise the User shall bear all the responsibility to compensate any loss suffered by ANNA or the real and lawful cardholder and bear all the legal consequences as a result.
User shall keep the bank card, the card number and the verification code sent by third party payment organization and/or ANNA and all the information related to the bank card in safe custody. If the User loses or exposes the foregoing information, the User shall promptly notify the issuing bank and/or ANNA to reduce any potential loss. Whether or not the issuing bank and/or ANNA have been notified, the User is solely responsible for the improper management of his or her information or equipment.

Services

ANNA is a mobile application and/or website, that provides delivery services to its customers and consultation requests for healthcare services from a Healthcare Provider, which include, among other services now or to be developed in the future, setting appointments, online and in-clinic consultations, and customer support chats (collectively, the “Services” or “Healthcare Services” and individually, the “Service”).
Accepting these Terms is a condition precedent to using the Services. You acknowledge and agree that your appointment, agreement and acceptance of services of medical professionals, and using, accessing and/or browsing the Platform, that ANNA is not a provider of medical services, and health-related services whether requiring a professional license or not.
By using the Platform, you understand that ANNA only distributes all products, items, and subscription packages available through the Platform. You understand that ANNA does not, in any way, manufacture or produce the products distributed through the Platform. ANNA shall not be held liable for any manufacturing issues or defects with regard to the products.
You acknowledge that ANNA does not provide any medical advice on the site or Platform, and the access to ANNA’s Platform and any information in the Platform should not be construed or used as medical advice. ANNA does not guarantee medical results and shall not, in any capacity whatsoever, be responsible for any complaint, claim, or liability against the medical professional or Healthcare Provider, in connection with the services, assessment, and diagnosis made by the medical professional including all other claims or complaints arising from whatever nature incidental to or in the course of providing the Services by the medical professional. Furthermore, ANNA shall be entitled to add or withdraw any Services on the Platform without prior notice and/or consent from its Users. Should these changes occur, you are solely responsible for ascertaining yourself with the added/withdrawn Services on the Platform. These additions/withdrawals may or may not be reflected in these Terms at the time of its creation/extinguishment.

Products

ANNA is a mobile application and/or website, that serves as an online platform where users can purchase reproductive health products such as but not limited to contraceptives, pregnancy tests, and ovulation tests (collectively, the “Products” and individually, the “Product”).
ANNA provides information regarding the contraceptives and reproductive health products. However, it is the responsibility of users to review the relevant product details, instructions, and any accompanying information before making a purchase.
Users are advised to consult with qualified healthcare professionals for personalized advice on contraceptive choices. Some products available on the Platform may require a prescription, and users are responsible for compliance with relative healthcare regulations. ANNA reserves the right to reject an order or purchase in the event that the prescription provided is expired or invalid. ANNA shall not be held liable for any damage or injury resulting from the incorrect use of the products available on its Platform.

Use of Promotional Codes

We may, at our sole discretion, create promotional codes that may be redeemed for credit or discounts in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per Client. Each benefit may only be redeemed once per Account. Promo Codes for duplicate benefits will be voided.
ANNA reserves the right to reject the application or acceptance of any Promo Code entered by the Client for violating the Terms and the additional terms established for the Promo Code.
By agreeing to the Terms, you hereby agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash, gift cards or cash equivalents; and (vi) may expire prior to your use.

Payment and Fees

In connection with your use of the Platform, you shall bear the following fees and charges (collectively, the “Fees”):

For Healthcare Services such as but not limited to, online and in-clinic consultations, packages or procedures, a fee for each completed Healthcare Service requested through the Platform calculated based on the rates prescribed by ANNA shall be paid.
For products or product bundles purchased through the Platform, such as but not limited to contraceptives, pregnancy tests, and ovulation tests, a fee amounting to the price of the product/s purchased as indicated on the Platform and the applicable delivery fee shall be paid.

You may pay for the Fees indicated in Section 13.a above through any of the following payment methods:

Bank cards as provided in Section 9 above;
E-Wallets such as Gcash, Maya, GrabPay, among others;
Direct debit from bank accounts, namely, UnionBank, BPI, RCBC, among others where you shall be charged for all fees due to ANNA;
Paylater companies such as BillEase and other companies which may be added in the future.

By establishing the linkage to bank cards in Section 9 above, you agree that ANNA is authorized to immediately charge such bank cards for all Fees due and payable to ANNA hereunder and that no additional notice or consent is required, except those provided in Section 9.
By selecting Paylater as a payment method, you may pay for ANNA services and settle such payment in installments according to the terms provided by Paylater companies, such as but not limited to BillEase.
You agree and understand that all fees shall be paid in advance and are non-refundable, with the exception of those instances provided under Section 14 below. Likewise, you further agree to bear all taxes and other duties payable thereon.

Cancellations, Reschedule, and Refunds

If you want to cancel or reschedule your appointment, you must submit a request no less than 24 hours before the scheduled time of your OBGYN consultation and IUD insertion procedure (the “Deadline”). You will then receive confirmation of your re-schedule or cancellation of your appointment, as the case may be.
If you plan on rescheduling your appointment, the following appointment rescheduling policy shall apply:

If you reschedule your appointment more than 6 hours before the appointment, no rescheduling fee shall be charged.
If you reschedule your appointment anytime between 2 to 6 hours from the scheduled appointment, 50% of the payment made for the appointment shall be charged as a rescheduling fee.
If you reschedule your appointment less than 2 hours before the scheduled appointment, 100% of the payment made shall be charged as a rescheduling fee and no refunds shall be made.

Approval of requests for refunds made within the timeframes indicated in Section 14.b are not guaranteed. ANNA reserves the right to deny any request for refunds should the reason for the rescheduling of the appointment be deemed unsatisfactory.
Any requests for rescheduling shall be made during ANNA Support Hours. Any requests made outside the said hours shall not be considered for purposes of complying with the timeframes indicated in Section 14.b above.
No refunds will be given for cancellations made for invalid reasons including, but not limited to the following:

Read bad reviews;
Client wants a different Healthcare Provider (Previously had an issue with Healthcare Provider decked to);
Client wants a different Healthcare Provider (Was referred to a particular Healthcare Provider);
Client wants a different Healthcare Provider (Decked to male Healthcare Provider but is more comfortable with a female Healthcare Provider, or vice-versa);
Accidentally ordered the wrong item/quantity; or
Changed their mind on their order.

ANNA reserves the right to reject claims for cancellation of appointments and/or refunds.
ANNA reserves the right to cancel orders unclaimed within the given validity periods:

Consultations have a validity period of 6 months.
Packages have a validity period of 6 months.
Procedures have a validity period of 6 months.

In the event of ANNA’s closure due to circumstances beyond its control, where Services, product or product bundle orders cannot be fulfilled, ANNA guarantees to provide you with a refund in accordance with the following terms:

For any Service/s that remain unfulfilled at the time of closure, a refund shall be issued equivalent to the actual paid and unused amount for the specific unfulfilled Service/s.
For any product or product bundle orders that remain unfulfilled or undelivered at the time of closure, a refund shall be issued equivalent to the actual paid and unused amount for the specific unfulfilled or undelivered product or product bundle order.

In the event that you are entitled to any refund for any reason outlined and as provided above, you agree that ANNA shall issue such refund to the same bank card, e-wallet, bank account, or other relevant accounts used in making the payment for the transaction. You agree that ANNA may also issue such refund through any other payment channels available to both parties, provided that it is under your name. You agree to coordinate with us should we require you to provide additional information necessary to facilitate the processing of any refund. Failure to comply and coordinate with us for the processing of any refunds shall result in the forfeiture of the same.

Force Majeure

ANNA does not assume any responsibility to the User for delay or failure to perform due to reasons beyond the reasonable control of ANNA, including, but not limited to, natural disasters (typhoons, earthquakes, tsunamis, floods), strikes or riots, demonstrations, acts of war, government acts, failure of communications or other facilities or serious casualties, etc.

Disclaimer and Limitation of Liability

You acknowledge and agree that the Platform, the Services, and all Content are provided "as is," "as available," without any warranties, express or implied, claims or representations made by ANNA of any kind either expressed, implied or statutory. ANNA shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to or use of the Platform, the Services, or any Content.
We do not warrant the completeness or accuracy of the information in the Platform; that the material therein is up to date; or that any or all Services will remain available.
We reserve the right to change, modify, suspend, discontinue or alter any or all our Services, and to stop publishing the Service, at any time at our sole discretion without notice to or explanation; and save to the extent expressly provided otherwise in the Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services.

External Sites

The Platform may contain links to third-party websites (the “External Sites”). ANNA does not endorse and is not responsible for the content of any linked External Sites. Before using any External Site, please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You shall defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns free and harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms and/or the Privacy Policy; or (ii) your access to, use, or misuse of the Platform, any Services, or any Content.

Termination

We may terminate the Terms and your access to all or any part of the Platform or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability.

Nature of the Application and Service

You are provided the ability to request or schedule the Services on the Platform. ANNA shall process each order made by you and forward the same to the Healthcare Provider. For the avoidance of doubt, each agreement entered into for the provision of the Services shall constitute a direct contractual relationship between you and the Healthcare Provider. The said contractual relationship shall begin from the point where the Healthcare Provider has accepted and confirmed the Client’s request for a Service appointment and shall conclude when the Service requested (a) has been completed or (b) when the appointment was canceled by either party before the Service was rendered.
The Healthcare Provider, in his/her sole discretion and professional judgment, and based on Client’s information and health condition, may determine that his/her Service may not be appropriate for your needs and accordingly refrain from performing the Service. The Healthcare Provider shall recommend the appropriate Service, which may include, but is not limited to, in-person consultation.
You hereby agree that ANNA shall not be responsible or liable to you in relation to any Services provided by the Healthcare Provider.

Intellectual Property

The Platform contains materials, such as text, graphics, images, and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us; all of these materials and information are collectively referred to herein as the “Content.” The Content is our property or our licensors’ and is protected under both Philippine and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Platform, which are registered and unregistered trademarks or service marks of ours or our licensors.
You shall not: (i) use our trademarks, service marks, or logos without our express written permission in each instance; (ii) copy or use the Content for any purpose other than your own personal use; (iii) remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (v) use or post the Content on any other website or in a networked computer environment.

General Provisions

ANNA reserves all rights not expressly granted herein.
ANNA may modify these Terms at any time by posting the revised Terms on its Platform. Your continued use of the Platform after such changes have been posted shall constitute your acceptance of such revised Terms.

Separability

In the event that any portion of the Terms is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms shall remain in full force and effect.
This section, the section entitled Indemnification, and the sections entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of the Terms of Use.

Assignment

You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations unless made in writing and agreed to by all parties therein concerned.

Waiver

No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Terms.

Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of the Philippines.
Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by the appropriate courts located in Taguig City, Philippines.

Entire Agreement

These Terms shall contain the entire understanding between the parties that will govern their relationship and supersedes any prior understanding and agreement between the parties. There are no representations, agreements, arrangements or understanding, verbal or written, between the parties hereto relating to the subject matter of this Terms, which are not fully expressed herein.
ANNA may change the provisions of this Terms at any time. You can review the most current version of this Terms on the Platform. If you continue to use the Platform or any Service after ANNA makes changes to the provisions of this Terms, you are deemed to have acceptance of the revised Terms. You are responsible for checking these terms and conditions periodically for any changes.

Acceptance

Acceptance and availment of a Service by a Client means acceptance of this Terms.