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Doctor's Terms And Conditions
TERMS OF USE
By using this website or application (as defined below), you agree to be bound by the Terms of Use set out below. Should you not agree to the terms of use set out below, please do not use this website or application (as defined below). Your compliance with the terms of use set out below is a condition to your use of this website or application (as defined below).
The Terms of Use stated herein (collectively referred to as the “Terms of Use” or “Agreement”) constitute a legally binding agreement between all persons who access and/or register on this Website or Application (“you”, “your” or “Healthcare Providers”) and Dr Howcare Sdn. Bhd., its subsidiaries, branches and controlled entities (collectively referred to as the “Company”).
The Company operates the website www.drhow.com.my (“Website”) and mobile application DrHow (“Application”) whereby this Agreement is referenced. We ask that you review the Agreement as your use of this Website or Application in any form whatsoever shall constitute your agreement and consent to these Terms of Use.
The use of this Website or Application does not create a Doctor – Patient relationship and this Company does not practice medicine or any other licensed profession at any time whatsoever. The Company also does not intervene with the practice of medicine or any other licensed profession.
The Company as an operator of the Website and Application only provides a platform to enable patients to communicate, schedule appointments with participating third party medical practitioners and healthcare professionals (collectively referred to as the “Healthcare Providers”) or facilitates the purchase or delivery of medicines or pharmaceutical products (collectively referred to as the “Services”).
The Company hereby reserves the right to vary and/or amend the Agreement at any time as it deems fit. Such variation and/or amendment shall be effective upon the posting of the updated Terms of Use on this Website or Application. Your continued access to the Website or Application shall constitute your agreement and consent to the updated Terms of Use and you agree that it is your responsibility to review the updated Terms of Use. Should you not agree to the updated Terms of Use, you shall stop using this Website and Application.
In this Agreement, save and except where the context otherwise requires, words denoting the singular include the plural and vice versa, words denoting any gender include all genders.
1. REGISTRATION
1.1. In order to access to the Services in this Website or Application, you shall register an account by providing accurate and complete information and all information provided, including but not limited to evidence of renewal of your Annual Practising Certificate, medical indemnity insurance, changes of your contact details, place of practice or qualification shall be kept updated and accurate at all time. You hereby acknowledge and agree that your registration is subject to fulfillment of conditions required by the Company and approval by the Company.
1.2. As part of the registration process, you shall provide a login identification (Login ID) and create a password and you shall be responsible to keep the said user name and password confidential and not to be disclosed to any unauthorized person(s) in order to prevent unauthorized access to your account.
1.3. Your hereby undertake to never share your username and/or password to whosoever other than person(s) authorized by you and such authorized person(s) shall be a registered Healthcare Providers with this Company on this Website and/or Application. You acknowledge that your account shall not be transferable. You shall be responsible for all activities of your account including but not limited to the usage of your account by person(s) authorized by you and the Company shall not be liable for any loss or damages as a result of a breach of this Terms of Use. In the event you reasonably believe that your account has been hacked, you shall immediately notify us by sending an email to support.infini@kbb.net.my.
1.4. You shall not use a login identification (Login ID) and/or user name with the intent to impersonate that person when registering an account. You shall also not utilize another person’s account or details to access this Website or Application.
1.5. In order to use the Services provided in this Website or Application, you must reside in Malaysia, obtained the required qualifications and holds a valid Annual Practising Certificate. It is strongly recommended for all Healthcare Providers to hold a valid medical indemnity insurance and the evidence of each renewal shall be provided to the Company timely. In the event of the absence of a valid medical indemnity insurance, the Healthcare Providers shall be solely and fully liable for any consequences thereto.
1.6. The Company reserves the right to suspend and/or terminate your account and deny your use of this Website or Application at any time at the Company’s sole discretion.
2. SERVICES
2.1. Telemedicine
2.1.1. Telemedicine is a platform, which enables the provision of healthcare services using interactive communication and/or video technology, where the patients and the Healthcare Providers are at different physical locations. As part of this, patients may discuss their health history and personal health information through the use of interactive video, audio or other communications technology with the Healthcare Providers. The forms of interactive communication provided by the Company for Telemedicine shall be strictly limited to text message and interactive video communication. Healthcare Providers are not allowed to use any other form of communication with the patients for Telemedicine provided by this Company other than text message and interactive video communication.
2.1.2. You shall at your best endeavours exercise reasonable standard of care towards the patients and ensure that all necessary interactions are conducted with the patient at all times in connection with the provision of your services and conform to all laws, traditions, customs and etiquette of the medical profession. You shall be solely responsible to determine if a physical consultation is required.
2.1.3. You understand and acknowledge that the Company shall not be liable in any way for any acts, omissions and/or misdiagnosis provided by you who are independent providers who are not in any way employed by or affiliated with the Company.
2.1.4. You hereby acknowledge that there are potential risks associated with the use of Telemedicine services provided by this Website or Application. These risks include, but may not be limited to:
(a) Information transmitted may not be sufficient (e.g. incomplete medical history, symptoms poorly described, low quality of images) to allow for appropriate decision to be made by the Healthcare Providers;
(b) Delays in evaluation or treatment could occur due to failures of the electronic equipment or communication networks. You shall attempt to reach the patient by the selected mode of Telemedicine by ringing at least thirty (30) seconds before hanging up. If the attempt fails, it shall be construed as a no-show by the patient. You further agree that you may be contacted by phone or other means of communication; and
(c) Although the Company uses network and security protocols to protect the privacy of health information, in rare instance, security protocols could fail, causing a breach of privacy of personal health information.
2.2. Booking Appointments
2.2.1. The Services provided by this Website or Application enable patients to make virtual and physical medical appointments with you.
2.2.2. Upon the submission of a booking for medical appointment by the patients through this Website or Application, the booking for medical appointment will be reflected on the Healthcare Providers’ portal (InfiniAppts) on this Website. You understand that it is your duty to consistently check the Healthcare Providers’ portal (InfiniAppts) on this Website for bookings of medical appointment. The date and time of the medical appointment submitted by the patients shall be deemed confirmed and there shall be no cancellation by the patients thereafter unless proof of hospitalization of that particular patient can be provided by the patients to the Company.
2.2.3. The Company does not encourage any cancellation by the Healthcare Providers unless there is an unavoidable emergency. In such event, you shall inform the Company by sending an email to support.infini@kbb.net.my to notify the Company of such cancellation and you shall be charged a cancellation fee by the Company and such cancellation fee shall be determined by the Company. You also acknowledge and understand that it is your duty to inform and ensure the patients were informed of such cancellation immediately.
2.2.4. However, patients are entitled to reschedule the date and time of the medical appointment for a maximum number of two (2) times provided that each amendment of the date and time of the medical appointment is made at least seven (7) days prior to the scheduled time of the medical appointment.
2.2.5. On the other hand, you shall be entitled to reschedule the date and time of the medical appointment provided that each amendment of the date and time of the medical appointment is made prior to the scheduled time of the medical appointment. You shall notify the patients of any such amendments and/or postponement of the date and time of the medical appointment. You shall ensure that the patients are successfully informed of any amendment of the date and time of the medical appointment by taking necessary measures including but not limited to making telephone calls using the patients’ contact details made available on the Healthcare Providers’ portal (InfiniAppts) on this Website.
2.2.6. After the submission of a booking for medical appointment by the patients through this Website or Application, patients will subsequently be allowed to submit registration of their medical appointment through this Website or Application. By the default settings, the “Registration Window” shall be made available to the patients seven (7) day prior to their scheduled medical appointment (hereinafter referred to as “the said default settings”) or immediately after the submission of their booking for medical appointment, whichever is later. In the event of no submission of registration two (2) days before the medical appointment by the patients, the system shall auto-register their scheduled medical appointment.
2.2.7. You are advised to strictly adhere to the said default settings and any changes shall be at the absolute discretion of the Company.
2.2.8. Upon registration of medical appointment by the patients, an estimated time of consultation will be generated for the convenience of the patients and the same shall be reflected on the Healthcare Providers’ portal (InfiniAppts) on this Website. Patients shall log in to this Website and/or Application at least thirty (30) minutes before the estimated time in the event of Telemedicine or be present at the clinic of the Healthcare Provider at least thirty (30) minutes before the estimated time in the event of physical consultation. You agree that you shall adhere to the estimated time of medical appointment and you shall be solely liable to the patients in the event of any losses suffered by the patients as a result of your delay.
2.2.9. The Company shall release all health history and personal health information of that particular patient available in this Website or Application, as authorized by the patient.
2.2.10. The Company shall not be liable in any way for any cancellation or non-fulfillment of appointment or any injury resulting or arising from or related to the use of the Services of this Website or Application.
2.3. Text Message
2.3.1. Text message is one of the forms of interactive communication provided by the Company for Telemedicine in this Website or Application. Upon receipt of text message from the patients, you understand that you shall reply to that text message within twenty-four (24) hours calculated from the time of booked appointment date. You agree that you shall adhere to the time limit of twenty-four (24) hours and you shall be solely liable to the patients in the event of any losses suffered by the patients as a result of your delay.
2.3.2. The Company shall release all health history and personal health information of that particular patient available in this Website or Application, as authorized by the patient.
2.3.3. The Company shall not be liable in any way for any non-fulfillment of the text message or any injury resulting or arising from or related to the use of the Services of this Website or Application.
3. HEALTHCARE PROVIDERS COVENANTS
3.1 Upon registration and/or the use of Services provided by this Website or Application, you shall abide to the following rules of conduct failing which the Company shall suspend and/or terminate your account and deny your use of this Website or Application:
(a) You shall be a fully registered medical practitioner and possess the minimum qualification of the discipline you will be practising in accordance with Part III of the Medical Act 1971 and Medical (Amendment) Act 2012;
(b) You shall hold a valid current Annual Practising Certificate and you shall punctually furnish the Company with the evidence of renewal of the Annual Practising Certificate. In the event of any failure or omission to apply, refusal to issue, revocation, non-renewals, restrictions or conditions attached to the issuance of the Annual Practising Certificate, you shall immediately inform the Company in writing by sending an email to support.infini@kbb.net.my. In such event, the Company shall be entitled to suspend and/or terminate your account and deny your use of this Website or Application with immediate effect;
(c) You are strongly encouraged to be sufficiently covered by a professional indemnity insurance and you shall punctually furnish the Company with a copy of the valid policy and renewals thereof. In the event of the absence of a valid medical indemnity insurance, the Healthcare Providers shall be solely and fully liable for any consequences thereto;
(d) You understand and acknowledge that it is your duty to promptly furnish the Company with your Annual Practising Certificate and a copy of the valid professional indemnity insurance policy (if applicable) by uploading the same and evidence of renewal of the same to this Website and/or Application;
(e) You expressly confirm that you do not have any claims, demands, suits, actions or complaint against you at all times and you undertake to inform the Company in writing by sending an email to support.infini@kbb.net.my within seven (7) days of receipt of notice of any claims, demands, suits, actions or complaint against you (either receipt, threatened or expected) in respect of any professional misconduct against you. In such event, the Company shall be entitled to suspend and/or terminate your account and deny your use of this Website or Application with immediate effect;
(f) You shall notify the Company of any changes including but not limited to your permanent address of residence, principal and others place of practice, consultation charges and mode of communication within thirty (30) days of such change by sending an email to support.infini@kbb.net.my;
(g) You shall protect the confidentiality of your user name and password which are used to access the Services provided by this Website or Application;
(h) You shall ensure the safety and security of the electronic devices that you utilize to access the Services provided by this Website or Application;
(i) You shall not upload, post or transmit by any means or make available any information or material which is offensive, defamatory, libelous, unlawful, harmful, threatening, abusive, harassing, obscene, vulgar or racially, ethically or otherwise objectionable;
(j) You may utilize the online medical record storage system provided by the Company through the Healthcare Providers’ portal (InfiniAppts) on this Website and you are strongly encouraged to keep a physical copy of the medical record including a copy of all subsequent amendments (if any) for your convenience. In the event you fail to store medical record of patients as required by the law, the Company shall not be responsible in whatsoever manner for your failure or non-compliance;
(k) You shall not stalk or otherwise harass patients, another Healthcare Provider of this Website or Application or any of the Company’s employees;
(l) You shall not impersonate any other person;
(m) All information disclosed by you shall be accurate, complete and updated from time to time as required by this Agreement;
(n) You shall never forge documents or information of any form whatsoever;
(o) You shall not attempt to interfere or disrupt the Company’s servers or networks;
(p) You agree that unsolicited advertising or promotional materials shall not be posted or transmitted in this Website or Application by you;
(q) You hereby acknowledge that all materials uploaded, posted or transmitted by you is your original work and you shall not post or transmit any material that violates the privacy, copyright, trademark or intellectual property rights of any person or entity;
(r) You shall not upload, post or transmit any materials, which contains viruses or other computer codes, programs or files which are designed to destroy the functionality of the computer hardware and software;
(s) You shall never intentionally or unintentionally violate any law or regulation; and
(t) You shall keep all contents including but not limited to the prescriptions and conversations between you and the patients in particular during consultation confidential and you agree that you shall never upload, post or publish any of such contents to any form of social media including but not limited to Facebook, WhatsApp, WeChat, Instagram, Snapchat and others.
4. PAYMENT AND REFUNDS
4.1 For each virtual and/or physical consultation, you shall charge a fee in accordance with the specified rate set out in your Profile in this Website and/or Application (“Consultation Fee”).
4.2 The Consultation Fee for Telemedicine and physical consultation shall be calculated as follows:-
(a) Text message – Consultation Fee per text message;
(b) Interactive video communication – Consultation Fee per block and each block shall be five (5) minutes;
(c) Physical consultation – Consultation Fee per visit (Booking Fee collected from physical medical appointment shall form part of the Consultation Fee under this category).
4.3 You hereby agree that the chargeable Consultation Fee shall not exceed the amount stipulated in the Thirteenth Schedule (Regulation 433) Fee Schedule – Professional Fee of the Private Healthcare Facilities and Services Regulations 2006 and the Consultation Fee is agreed between you and the patients.
4.4 For Telemedicine by way of interactive video communication, patients shall be able to select the duration of each consultation by purchasing the number of blocks of the patients’ choice. Upon the start of each consultation by way of interactive video communication, a timer will be stipulated on the Healthcare Providers’ portal (InfiniAppts) on this Website.
4.5 You hereby acknowledge and understand that the interactive video communication between you and the patients shall be ended at your discretion upon confirmation with the patients that there is no further enquiries and all issues raised by the patients have been addressed to and it is your duty to notify and/or alert the patients of the duration of time remaining before the termination of the interactive video communication between you and the patients.
4.6 By registering an account with the Company, you authorize the Company to collect payment and/or refund of Consultation Fee or Booking Fee (only for physical medical appointment) on your behalf. You also authorize the Company to deduct any amount owed by you to the Company or its affiliates from the proceeds of the Consultation Fee or Booking Fee (only for physical medical appointment).
4.7 The Company merely provides a platform for you to perform Telemedicine and shall not be responsible in whatsoever manner in regard to the legality of the transaction. You hereby undertake that all transactions are in compliance with the law and/or regulation. The Company reserves their right to suspend or terminate any transaction if the Company reasonably believes that the transaction is in breach of these Terms of Use, applicable laws, guidelines or codes.
4.8 Pursuant to the Special Terms and Conditions executed between you and the Company, the Company shall be entitled to deduct a percentage of the Consultation Fee or Booking Fee (only for physical medical appointment) charged by you to the patient (“Facilitation Fee”) in view of your usage of this Website and/or Application. The Company hereby reserves their rights to vary the Facilitation Fee at any time upon giving seven (7) days’ notice and your continuous usage of this Website and/or Application shall be deemed that you have consented to the variance.
4.9 Within fourteen (14) working days following the month in which the Services are rendered, the Company shall remit to you the total sum after deduction of Facilitation Fee and Sales and Service Tax (SST) (if applicable) (“Remittance Sum”). The Remittance Sum shall be deposited into the specified bank account provided by you to the Company. You shall be responsible for any finance or other charges imposed for the remittance of the Remittance Sum into your bank account.
5. PRESCRIPTIONS
5.1 Upon consultation via the Telemedicine service on this Website or Application, you may prescribe certain medication or test to the patient at your discretion.
5.2 You acknowledge and agree that any prescription issued is at your sole discretion and is subject to prevailing standards, guidelines and laws. You understand that the Company is not involved in the issuance or dispensation of the prescription.
5.3 You shall be fully responsible to ensure the suitability, accuracy and completeness of the prescription issued and clear instructions are provided to the patient.
6. INTELLECTUAL PROPERTY
6.1 The Company and its licensors and providers, where applicable, shall own all intellectual property rights, in and to this Website and Application and all contents, including but not limited to the software, text, graphics, icons, logo, materials, compilation of information, images, videos, displays, audio and design and any suggestions, ideas, feedback, recommendations or other information provided by you or any other party relating to this Website, Application or Services provided by the Company.
6.2 You understand that you are given permission to use this Website, Application or Services provided by the Company solely for personal and non-commercial purposes and such permission does not convey to you any rights of ownership in or related to this Website, Application or Services provided by the Company or any intellectual property rights owned by the Company and/or its licensors.
6.3 Save and except expressly authorized by the terms contained in this Agreement or written authorization is obtained by the Company, you shall not reproduce, distribute, commercialize, modify, download or transmit any of the material on this Website or Application.
7. DISCLAIMER OF WARRANTIES
7.1 You expressly acknowledge all contents and Services provided by the Company in this Website and Application is on an “as is” and “as available” basis and you agree that the use of this Website or Application and any Services provided by or accessed through this Website or Application is at your sole risk.
7.2 You hereby further acknowledge and agree that this Website and/or Application is strictly a technology platform which connect user to the Healthcare Providers and vice versa and does not provide medical advice, diagnosis, treatment, or dispensary/pharmacy services of any kind.
7.3 You agree that you have complete authority responsibility, supervision, and control over the provision of all services, advice, instructions, prescriptions, and you shall be solely responsible for all information and communication provided to you.
7.4 The Company reserve the right to remove any Healthcare Providers at any time at the sole discretion of the Company.
7.5 The Company expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of this Website and/or Application and the Company assumes no liability or responsibility to you or any minor.
7.6 The Company make no representation that the Services in this Website and/or Application are appropriate or available for use outside of Malaysia and all users shall responsible for compliance with their local laws.
8. LIMITATION OF LIABILITY
8.1 You acknowledge and agree that the Company, this Website and/or Application or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors shall not be liable in whatsoever manner to the maximum extent permitted under the law for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of Services in this Website and/or Application, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise relating in any way to this Website and/or Application, the Services, any information or materials on or obtained through this Website and/or Application.
8.2 You understand and acknowledge that the total liability of the Company to you or any minor for whom you are responsible for any and all damages, losses, and causes of action (whether in contract, tort – including, but not limited to, negligence – or otherwise) shall in no event exceed the amount of Remittance Sum we have paid to you for that particular transaction and/or consultation. If any portion of this limitation of liability is found to be invalid, the Company’s liability shall be limited to the minimum extent permitted by applicable law.
9. INDEMNITY
9.1 You agree to indemnify and defend the Company, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, licensors, partners and suppliers against any claim, actions, demands, liabilities, costs, expenses and settlements, including but not limited to reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of the Services, the Website and/or Application or any breach of these Terms of Use.
10. TERMINATION
10.1 You are entitled to deactivate your account and terminate your registration and this Agreement at any time for any reason by giving thirty (30) days written notice to the Company. Such written notice shall be given by way of email to support.infini@kbb.net.my. The Company reserves all rights to suspend or terminate your use of this Website and/or Application, your account and/or registration at any time for whatsoever reason at the Company’s sole discretion.
10.2 Without prejudice to Clause 11.1, you hereby agree that the Company is entitled to terminate this Terms of Use immediately in the event that you are in breach of any of the terms including but not limited to the failure to promptly provide evidence of renewal of annual practising certificate and medical indemnity insurance. For the avoidance of doubt, the termination shall not require the Company to compensate, reimburse or cover any costs, fees or expenses incurred by you in connection with the use of this Website and/or Application including the Services.
10.3 In the event that your account is left dormant for a continuous period of six (6) months or more, the Company shall send an email to the email address you have provided to the Company upon registration (as updated from time to time) to notify you of such inactivation (“Reminder Email”). Your account shall be terminated by the Company in the event that it is left dormant for a subsequent period of six (6) months calculated from the date of the Reminder Email.
10.3 Upon termination or deactivation, you shall not have further access to your account or the Services. In the case of termination/deactivation by the Company, you remain liable for all amounts due up to and including the date of termination/deactivation.
10.4 Upon termination and/or deactivation, the provisions of the Terms of Use that are intended to continue to be in force after termination and/or deactivation shall remain binding on you.
11. GENERAL
11.1 This Agreement and all supplemental terms, policies, rules and guidelines including the Privacy Policy posted through the Services, this Website and/or Application comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
11.2 The provisions of this Agreement shall be severable and if any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall be enforced to the maximum extent under law.
11.3 You acknowledge and agree that in any event the Company fails to enforce any right or provision in the Agreement, it shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
11.4 You further agree that this Agreement shall be strictly governed by the law of Malaysia and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement and/or the Services shall be subject to the exclusive jurisdiction of the courts of Malaysia.
11.5 You understand and acknowledge that you shall not assign, transfer or sublicense this Agreement to whosoever and this Agreement do not form any sort of employment, partnership, agency or joint venture relationship between you and the Company or the patients.
11.6 Should there be any changes made to this Agreement, you shall be given notice of such changes in writing via email which shall be sent to the email address you have provided to the Company upon registration (as updated from time to time) as soon as practicable. Any such notice shall be deemed to have been duly served upon seven (7) days after the date the email was sent (with proof of sending).
