Term of Use

Last revision: 19 January 2019

 

Chiiwii and all associated websites and Apps (the “Apps”) are owned and operated by Chiwiborirak Co., Ltd. (hereinafter “the Company” or occasionally referred to as “we”), a private limited company duly registered and existing under the laws of Thailand having its registration no. 0105559074747

 

  1. Introduction

This Terms of Use (or “TOU”) is an agreement between you and the Company prescribing rules you agree to follow when using our Apps and any services or information made available on the Apps (the “Services”).

 

By accessing and using the Apps, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Apps and the Services.

 

Subject to Clause 23, violations of or failure to comply with any term or condition in the Terms of Use may result in immediate termination of your account without notice refund, and compensation.

 

  1. Content

No medical diagnosis, medical profession, or treatment as defined by the Medical Profession Act, B.E. 2525 (1982), the Practice of the Art of Healing Act, B.E. 2542 (1999) and other applicable rules and regulations promulgated by the Medical Council of Thailand are allowed on the Apps or the Services.

 

All information appearing on the App or provided on the Apps or through the Services, or in connection with any communications supported by the Company, including but not limited to communications with registered medical practitioners, nurses, nutritionists, and healthcare consultants providing private online consultations on the Apps (hereinafter the “Providers”), is intended to be for general information purposes only, and is in no way intended to create a doctor-patient relationship under laws of Thailand.

 

Apps and the Services are not a substitute for professional medical diagnosis or treatment done or provided by medical practitioners, nurses, nutritionists, and healthcare consultants. You are fully aware that reliance on any information provided on the Apps or through the Services, including the credentials of the Providers, is solely at your own risk. You are solely responsible for satisfying yourself that the Provider is suitably qualified and/or licensed in accordance with professional standards as well as applicable laws to practice. In the event of any doubt, you should contact your own doctor with whom you have a doctor-patient relationship.

 

If you become aware of any Provider that is not suitably qualified, please let us know by emailing us at contact@chiiwii.com. We reserve the right and have the sole discretion to (but will not be obliged to) remove any Provider’s profile from the Apps and Services at any time.

 

  1. Procedures/Products/Services

The Apps is only a device providing online healthcare advising (Telehealth) and information services.

 

You are fully aware that the procedures, products, services and devices discussed and/or advertised on the Apps and the Services are not applicable to all individuals, patients, clients or all clinical situations. Some medical conditions are not suitable for remote consultations, and you should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our services, or if you have any concerns about the advice you receive from us or if it is different from other advice you have received.

 

We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Apps by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

 

You should not use our services in an emergency, or if you have a condition that you know will require a physical examination.

 

  1. No doctor-patient relationship

In line with Clause 2 of this TOU, the use of the Apps or the Services does not create a doctor-patient relationship.

 

In line with Clause 2 of this Agreement, it means that medical diagnosis, medical profession, or treatment as defined by the Medical Profession Act, B.E. 2525 (1982), the Practice of the Art of Healing Act, B.E. 2542 (1999), and other applicable rules and regulations promulgated by the Medical Council of Thailand are strictly prohibited from the Apps.

 

Everything on the Apps or the use of the Services is for your information, and should be used for informational purposes only. The Apps and the Services are not a substitute for medical advice, diagnosis, treatment or care from your provider.

 

  1. Medical advice

On the Apps, you can ask questions and find advices on medical treatment, nutrition, and related educational answers. You can also speak directly to a Provider through a private Consultation. A limited amount of medical advice (but not medical diagnosis, medical profession, or treatment as defined by the Medical Profession Act, B.E. 2525 (1982) and other applicable rules and regulations promulgated by the Medical Council of Thailand) may be provided by a Registered Practitioner during a private Consultation (but such advice is solely the responsibility of such Registered Practitioner).

 

You are fully aware that the Apps and the Company do not provide medical advice. The Apps is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive through a formal physician-patient relationship.

 

The Apps, the Provider, and the Company are not your doctor. When you participate in online Consultations, you understand that Providers are not your primary care doctor and you agree not to use the Apps or Services as a substitute for interactions with your personal doctor. We strongly encourage you to discuss any advice you receive using the Apps with your GP or usual medical practitioner, or healthcare provider.

 

The Provider shall be solely responsible for determining the need for a face-to-face consultation with the client and the Company will not be held liable for any misdiagnoses, acts or omissions of the Provider.

 

You are fully aware that interactions on the Apps do not constitute the practice of medicine and Consultations cannot be used for providing formal medical diagnosis, for a physical examination, or for treatment.

 

Do not use the Apps or Services to diagnose or treat a medical condition.

 

Never use the Apps or Services in a potential or actual medical emergency.

 

  1. Informed Consent

(1) Subject to Clause 2, Clause 3, and Clause 4,telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination through these technologies

 

(2) You agree not to use this service to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through the Apps or other healthcare providers. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, there are potential risks associated with the use of the Services. These risks include, but may not be limited to:

 

 

(b) Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.

(c) A lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;

 

(d) Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, security protocols could fail, causing a breach of privacy of personal health information

 

(2) By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

 

(a) You understand that you may expect the anticipated benefits from the use of the Services in your care, but that no results can be guaranteed or assured.

 

(b) Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.

 

(c) With respect to psychotherapy, you are entitled to receive information from your Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time.

 

  1. Personal Information, medical records, and other information

 

You understand and agree that if you choose to use the Apps and the Services that personally identifiable information will be visible to the Provider with whom you interact, the Company, and other person designated by the Company.

 

You agree to the entry of your medical records into the Company’s computer database and understand that all reasonable measures have been taken to safeguard your medical information, but no computer or phone system is totally secure. The Company recognizes your privacy and will not release information to anyone without your written authorization or as required by law.

 

You understand and agree our Services involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in Thailand.

 

You agree to grant the Company and other person designated by the Company the right to display the content and media you upload to us. By uploading any media, like a photo, you agree to grant us the followings rights:

(1) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media;

(2) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes the Company to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media;

(3) you agree to indemnify the Company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these terms.

 

 

  1. Transfer of information

 

Any information you provide to us or that exchanged via the Website or the Apps will be examined by and transferred to the Company or its related companies or other person designated by the Company. The Company and other person designated by the Company shall have a right to transfer the aforesaid information to other entity free of charge.

 

You are fully aware that there may be transfer of information as required by applicable law.

 

  1.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Disclaimers & Warranties

 

You expressly agree that use of the Apps or Services is at you sole risk. Both the Apps and the Services are provided on an “as is” and “as available” basis. The Apps and the Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.

 

You acknowledge and agree that the Apps and the Services does not provide medical advice, diagnosis, or treatment as defined by the Medical Profession Act, B.E. 2525 (1982), the Practice of the Art of Healing Act, B.E. 2542 (1999), and other applicable rules and regulations promulgated by the Medical Council of Thailand, and is strictly a technology platform and infrastructure for connecting patients with independent third party Providers.

 

You acknowledges and agree that the Providers using the Apps are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of the Providers, in their sole discretion, as they deem appropriate.

 

You acknowledge and agree that the Providers are fully responsible for advices, examination, and other actions that appear on or done through the Apps. All of the aforesaid activities are done at discretionary of the Providers. Therefore, the Company makes no representations about the accuracy or reliability of any opinion, statement or other information provided by the Provider.

 

  1. Limitation of liability

 

Content (including content provided in the public questions and answers section and any information provided in private Consultations) on the Apps (hereinafter the “Content”) is subject to the following Terms of Use. The authors of such Content (hereinafter the “Authors”) are solely responsible for their Content. While we hope that you will find all Content informative and educational, neither we nor the Authors make any representations or warranties with respect to any information offered or provided within or through the Content regarding treatment of medical conditions, actions, or application of medication.

 

Under no circumstances, as a result of your use of the Apps, will the Author, the Author’s employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author (and such Author’s employer and/or sponsor) shall have absolutely no liability for:

 

(1) any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Content;

(2) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or

(3) any decision made or action taken or not taken in reliance upon such information.

 

This means you should not rely on the Content or make medical or other important decisions based on it, and it also means that the Authors are not responsible for what you do or don’t do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider.

 

The Company, its licensors, its suppliers, Providers, Authors or any third parties mentioned on The Apps are not liable for any personal injury, including death, attributable to or caused by your use or misuse of the Apps or the Content, to the fullest extent permissible by law. Any claims arising in connection with your use of the Apps or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. The limitations of liability in this section do not apply to any claims for personal injury or death caused by negligence, breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

 

 

  1. Indemnification

 

You agree to indemnify and hold the Author and / or the Company (and the Company and the Author’s employer and/or sponsor) harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any Content posted or made available by you through the Apps, (2) any violation of law (including a breach of any applicable rules, regulations, and code of conduct) that occurs by you through your use of Content, the Apps or Services, and/or (3) anything you do using Content the Apps and/or the information contained therein

 

  1. Modification of terms of use

 

The Company reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time, by posting the revised Terms of Use on the Apps. You hereby waive any right you might have to receive specific notice of such changes.

 

Your continued use of the Apps and the Services will mean that you accept those changes. You are free to choose whether or not to use or continue to use the Apps and the Services. If you do not fully agree to all of terms contained in Terms of Use, please do not use or stop to use the Apps and the Services.

 

  1. Updates

 

The Company regularly updates and amends the Apps and may at any time delete or change any information or services provided. Although we will use reasonable effort to ensure all information contained on the Apps is accurate, the Company does not guarantee that all information or prices on the Apps will be complete and accurate.

 

  1. Legitimate usage

 

You may not use the Apps and the Services in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of the Company, its affiliates, or subsidiaries, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with other customers’ use and enjoyment of the Services provided by the Apps.

 

 

You agree to take no action which is intended to, or would reasonably be expected to harm the Company or the Apps or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to Company or the Apps Websites.

 

You may use the Apps only in accordance with these Terms of Use and for lawful purposes as stipulated by law. You may not abuse the Apps in any way. You may not use any automated software when accessing and using the Apps.

 

  1. Government compliance

 

The performance of our obligations under these Terms of Use is subject to existing laws, regulations and code of conduct especially, those governing medical practice and promulgated by the Medical Council of Thailand and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Apps and the Services or information provided to or gathered by us with respect to such use.

 

  1. Severability and enforceability

 

If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use, and the other provisions of the Terms of Use shall remain in full force and effect.

 

  1. Choice of law and venue

 

These Terms of Use shall be governed by and construed in accordance with the laws of Thailand. Any dispute arising in connection with this Terms of Use shall be adjudicated by competence courts of Thailand.

 

  1. Payment (Applicable only to Clients purchasing Consultations)

 

(1) Prices: The price of a Consultation or a group of Consultations (“Packages”) will be set out in the App or on the Website at the time of the Client purchasing from a Provider. The prices may change at any time as they are set at the discretion of the Providers, but price changes will not affect any services that you have already ordered.

 

(2) Fees: You are responsible for paying the price for the Consultation or Packages and any additional charges (“Charges”). Charges could include:

(a) any applicable service tax, as required by the jurisdiction

(b) The Company’s Service Fee

(c) reasonable credit card or other processing fees, where these are incurred.

 

(3) Payment: You can make payment using a credit card or other payment method provided by our payment gateway provider. You will be charged at the point of purchase.

 

 

  1. Payment (Applicable only to Providers providing Consultations)

 

(1) Consultation Fees. You are entitled to charge a fee for each Consultation or Packages provided to a Client that is facilitated by the Services (hereinafter “Consultation Fee“), where such Consultation Fee is calculated based upon the “Consultation Fee“/ “Packages Fee” provided by you. You:

(a) appoint the Company as your limited payment collection agent solely for the purpose of accepting the Consultation Fee on your behalf via the payment processing functionality facilitated by the Company; and

(b) agree that payment made by a Client to the Company shall be considered the same as payment made directly by a Client to you.

 

(2) Your Payment. The Company agrees to remit to you on at least a monthly basis the Consultation Fee less the applicable Chiiwii Service Fee (hereinafter the “Provider Payment“). The Provider Payment must exceed THB 500 in order for it to be remitted (hereinafter the “Minimum“). If you do not reach the Minimum in that calendar month, the Provider Payment will be held until the following month. This will continue until the Minimum is reached and the Provider Payment can be remitted to you. Each Provider Payment shall be made to the bank account specified by you.

 

(3) Changes to Consultation Fee. You may amend your Consultation Fee at any time. The Company accepts no responsibility for any delays in implementing an amended Consultation Fee to a Provider’s public profile.

 

(4) Chiiwii Service Fee. In consideration of the Company’s provision of the Services for your use and benefit hereunder, you agree to pay the Company a service fee on a per Consultation basis (the “Chiiwii Service Fee“). The Company reserves the right to change the Chiiwii Service Fee at any time at the Company’s discretion, and the Company will provide you with notice in the event of such change. Continued use of the Services after any such change in the Chiiwii Service Fee calculation shall constitute your consent to such change.

 

(5) Receipts. As part of the Services, the Company provides you a system for the delivery of receipts to Clients for a Consultation. Upon your completion of a Consultation, the Company prepares an applicable receipt and issues such receipt to the Client via email on your behalf.

 

(6) Taxes. You acknowledge and agree that you are responsible for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax on the provision of Consultations.

 

 

 

 

 

  1. Vouchers

 

The Company may issue vouchers to our Providers to provide to their Clients or directly to Clients that provide a benefit (hereinafter “Vouchers”). However, vouchers are to be used in good faith without causing any damage to the Company.

 

A Client’s redemption of a Voucher is subject to the additional terms and conditions as stipulated on the Voucher and the Provider (as the case may be) that offers the particular Voucher to a Client.

Clients must use Vouchers during their applicable validity period. There shall be no extension of time for the validity period of any Voucher redemption dates. Clients and Providers agree that you will have no claim whatsoever against the Company for any expired Vouchers.

 

Vouchers are not exchangeable for any other benefit under any circumstances.

 

If we suspect that either a Provider or a user is abusing the Vouchers, the Company will suspend the relevant account pending investigation and keep the Provider or Client informed of the outcome. The Company may at its sole and absolute discretion disable a Provider or Client account.

 

  1. Refund policy

All fees are non-refundable

 

  1. Intellectual property

The Company owns the copyright and other intellectual property rights in the Apps, our services and their content (hereinafter the “IPR”).

 

You are permitted to use the IPR in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing the IPR to your local medical practitioner or healthcare providers. You are not permitted to copy, distribute or make any business use of the IPR.

 

The Chiiwii and Chiiwii mark, logo, combined mark and logo and other marks indicated in our App are trademarks owned by the Company in Thailand and other countries.

 

  1. Termination

You are strictly required to honor all terms and conditions indicated in this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. In the case of violation or failure to comply with any term of this Agreement, we are entitled to a right to immediately terminate this Agreement.

 

In the case of termination by us, subject to our discretion, your account will be terminated. Subject to Clause 21, the paid prices and fees are not refundable.

 

  1. Miscellaneous

 

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Apps that you are agreeing to these Terms of Use and that such action constitutes a legal signature.

 

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.