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Terms And Conditions
TERMS OF USE
IMPORTANT: IF YOU ARE EXPERIENCING MEDICAL EMERGENCY, DO NOT USE THIS SITE OR APPLICATION. YOU SHOULD CONTACT ‘999’ OR YOUR LOCAL EMERGENCY SERVICES PROVIDER IMMEDIATELY.
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 (“user”, “you” or “your”) 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 as an operator of the Website and Application only provides a platform to enable you to communicate, schedule appointments with participating third party medical practitioners and healthcare professionals (collectively referred to as the “Healthcare Providers”).
The contents of this Website and Application (other than information you receive from the Healthcare Providers) shall not be construed as medical advice or an endorsement, representation or warranty that any particular treatment or medicine is safe, adequate, suitable, appropriate or effective for you.
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 changes of your contact details, medical condition or physical fitness shall be kept updated and accurate at all time.
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 whosoever in order to prevent unauthorized access to your account. In the event you reasonably believe that your account has been hacked, you shall immediately notify us by sending an email to support.patient@drhow.com.my.
1.3 You shall not use a 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.
1.4 In order to use the Services provided in this Website or Application, you must reside in Malaysia and be 18 years of age or older. In the event you are requesting service for a minor, you verify that you are the parent or guardian of the minor upon the usage of the Services provided in this Website or Application.
1.5 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 user and the Healthcare Providers are at different physical locations. As part of this, users 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.
2.1.2 The Company shall reasonably ensure that all participating Healthcare Providers who provide Telemedicine Services through this Website or Application are holding current practicing licenses or certificates required under the law. However, the Company shall not be liable in any way for any acts, omissions and/or misdiagnosis provided by the Healthcare Providers who are independent providers and are not in any way employed by or affiliated with the Company.
2.1.3 The Services provided by this Website or Application does not create a Doctor – Patient / Healthcare Provider – Client relationship and this Company does not practice medicine or any other licensed profession at any time whatsoever. The services, procedures, products and/or devices discussed and/or marketed in this Website or Application are not applicable to all users or clinical situations.
2.1.4 The Telemedicine services provided by the Healthcare Providers are not intended to replace your primary care physician relationship. You should seek emergency help immediately or follow-up treatment when recommended by a Healthcare Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
2.1.5 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. If this happens, you agree that you may be contacted by phone or other means of communication and you agree that you shall also take reasonable measures to contact the Healthcare Providers. The Healthcare Providers shall make attempt to reach you by ringing at least thirty (30) seconds before hanging up via your selected mode of Telemedicine. If the attempt fails, it shall be construed as a no-show and you shall not be entitled to a refund of whatsoever amount that you have paid for the medical appointment;
(c) Insufficient information provided by you or lack of full access to your health records may result in adverse drug interactions or allergic reactions or other judgment errors; and
(d) 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.
2.1.6 By registering an account and/or using the Services provided in this Website or Application, you understand and agree that:
(a) The Services provided in this Website or Application may not be able to serve all your medical needs;
(b) You understand and agree to the Company’s Privacy Policy, which can be found in this Website or Application;
(c) The Healthcare Provider may determine that Telemedicine services are not appropriate for the treatments needed by you and may elect not to provide you Telemedicine services through this Website or Application;
(d) It may be necessary for you to go in for a face to face consultation; and
(e) Electronic messages or emails sent to Customer Support or Healthcare Providers may not be returned immediately. If you are experiencing medical emergency, you should contact ‘999’ or your local emergency services provider immediately.
2.2 Booking Appointments
2.2.1 The Services provided by this Website or Application enable you to make virtual and physical medical appointments with the Healthcare Providers.
2.2.2 Upon the submission of a booking for medical appointment, your medical appointment with the Healthcare Providers shall be confirmed upon payment [Consultation Fee or Booking Fee (only for physical medical appointment)] and there shall be no cancellation by you thereafter unless proof that you have been hospitalized at the time of your scheduled medical appointment can be provided by you to the Company.
2.2.3 After the submission of a booking for medical appointment by you through this Website or Application, you will subsequently be allowed to submit your registration of medical appointment through this Website or Application. The “Registration Window” shall be made available to you seven (7) days prior to your scheduled medical appointment or immediately after the submission of your booking for medical appointment, whichever is later. In the event of no submission of registration two (2) days before the medical appointment, the system shall auto-register your scheduled medical appointment and a notification will be sent to you.
2.2.4 You are allowed to make switching for medical appointments by way of interactive video communication and/or physical consultation (except text message) before registration (only switching to a higher consultation fee is allowed) and no switching shall be allowed after registration of medical appointment being made.
2.2.5 Upon registration of medical appointment by you, an estimated time of consultation will be generated for your convenience and the same shall be reflected on the Website and/or Application.
2.2.6 In regard to Telemedicine by way of interactive video communication, you agree that you shall log in to this Website and/or Application at least thirty (30) minutes before the estimated time of consultation. In the event you are not present during the estimated time of consultation, the Healthcare Providers shall make attempt to reach you by ringing at least thirty (30) seconds before hanging up via your selected mode of Telemedicine. If the attempt fails, it shall be construed as a no-show and you shall not be entitled to a refund of whatsoever amount that you have paid for the medical appointment.
2.2.7 In regard to physical consultation, you shall be present at the clinic of the Healthcare Provider at least thirty (30) minutes before the estimated time of consultation. Should you fail to be present at the clinic of the Healthcare Provider thirty (30) minutes after the estimated time of consultation, this shall be considered as a no-show and you shall not be entitled to a refund of whatsoever amount that you have paid for the medical appointment.
2.2.8 However, you shall be entitled to reschedule the date and time of the medical appointment for a maximum 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. Amendment of the date and time of the medical appointment can be made via this Website and/or Application before the registration of medical appointment. Upon registration of medical appointment, any amendment of the date and time of the medical appointment can only be made by contacting the clinic of the Healthcare Providers.
2.2.9 You authorize us to release your health history and personal health information made through this Website and/or Application to your appointed Healthcare Provider.
2.2.10 You understand that the Company has no control over and cannot guarantee the availability of any Healthcare Providers at any particular time. You shall be notified by the Healthcare Providers through this Website and/or Application of any change of time and date of the medical appointment or cancellation of the medical appointment, if any. 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. In the event you elect to use text message to communicate with the Healthcare Providers, you shall expect to receive a reply from your appointed Healthcare Provider within twenty-four (24) hours from the time of booked appointment date.
2.3.2 You authorize us to release your health history and personal health information made through this Website and/or Application to your appointed Healthcare Provider.
2.3.3 You understand that the Company has no control over and cannot guarantee the availability of any Healthcare Providers at any particular time. You further acknowledge and understand that the Company has no control over the time of reply by your appointed Healthcare Provider to your text message. 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. CONSENT
3.1 In engaging the Services provided by this Website or Application in particular Telemedicine, you hereby give consent to engage in Telemedicine with Healthcare Providers and the consent given by you shall be construed as a written consent.
3.2 You understand that Telemedicine includes the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video or data communications.
3.3 You understand and acknowledge that you have the following rights with respect to Telemedicine and the limitations of Telemedicine in accordance with the Telemedicine Laws of Malaysia as follows:
(a) You have the right to withhold or withdraw consent at any time without affecting your right to future care or treatment;
(b) You understand and acknowledge that there are risks and consequences from telemedicine, including, but not limited to, the possibility, despite reasonable efforts on the part of your Healthcare Providers, that the transmission of your medical information could be disrupted or distorted by technical failures; the transmission of your medical information could be interrupted by unauthorized persons; and/or the electronic storage of you medical information could be accessed by unauthorized persons;
(c) You understand that all existing laws that protect the confidentiality of your medical information also apply to any information about obtained or disclosed by you in the course of Telemedicine;
(d) You also understand that the dissemination of any personally identifiable images or information from the telemedicine interaction shall not occur without your written consent;
(e) You understand and acknowledge that Telemedicine services may not be as complete as face-to-face consultation; and
(f) You further understand and acknowledge that Telemedicine is not appropriate for medical emergencies and you should contact ‘999’ or your local emergency services provider immediately.
4. USER COVENANTS
4.1 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 protect the confidentiality of your user name and password which are used to access the Services provided by this Website or Application;
(b) You shall ensure the safety and security of the electronic devices that you utilize to access the Services provided by this Website or Application;
(c) 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;
(d) You shall not stalk or otherwise harass another user, the Healthcare Providers of this Website or Application or any of the Company’s employees;
(e) You shall not impersonate any other person;
(f) All information disclosed by you shall be accurate, complete and updated from time to time as required by this Agreement;
(g) You shall never forge documents or information of any form whatsoever;
(h) You shall not attempt to interfere or disrupt the Company’s servers or networks;
(i) You agree that unsolicited advertising or promotional materials shall not be posted or transmitted in this Website or Application by you;
(j) 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;
(k) 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;
(l) You shall never intentionally or unintentionally violate any law or regulation; and
(m) You shall keep all contents including but not limited to the prescriptions and conversations between you and the Healthcare Providers in particular during consultation confidential and you are strictly prohibited to record in any form including but not limited to audio recording and video recording of any conversations between you and the Healthcare Providers. You further 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.
5. PAYMENT AND REFUNDS
5.1 For each virtual and/or physical consultation, you shall be charged a fee in accordance with the specified rate set out in the Healthcare Providers’ Profile in this Website and/or Application (“Consultation Fee”).
5.2 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 which shall be charged by respective Healthcare Provider upon conclusion of physical consultation (Booking Fee collected from physical medical appointment shall form part of the Consultation Fee under this category).
5.3 For Telemedicine by way of interactive video communication, you shall be able to select the duration of each consultation by purchasing the number of blocks of your choice.
5.4 You hereby acknowledge and understand that the interactive video communication between you and the Healthcare Providers shall be ended by the Healthcare Providers upon confirmation with you that there is no further enquiries and all issues raised by you have been addressed to.
5.5 You also understand that the interactive video communication between you and the Healthcare Providers shall be terminated by this Application and/or Website at the end of the duration of each consultation / total amount of blocks purchased by you. Therefore, you agree that you shall monitor the duration of the interactive video communication between you and the Healthcare Providers. You further agree that it is your duty to select the amount of blocks required for each and every consultation you shall require and you shall be solely responsible in the event of any losses suffered by you as a result of termination of the interactive video communication.
5.6 You hereby undertake to pay all fees and charges (including all applicable SST) in accordance with the applicable fees, charges and payment terms including but not limited to consultation fees and medication or prescription charges.
5.7 You may choose to pay for the Services by any of the payment methods available at the Website or Application, including but not limited payment through the specified payment gateways. In the event that the payment status is ‘pending’ or ‘failed’, your account, debit card or credit card has not been deducted and your booking of medical appointment is unsuccessful. If your account, debit card or credit card has been deducted but the payment status stipulates ‘pending’ or ‘failed’, kindly contact your financial provider (bank, credit card or etc.) to confirm that the same has been deducted. Should the answer be in the affirmative, please contact the Company at the soonest possible.
5.8 By providing the requisite payment or payment information, you agree that we may invoice all fees and charges due and the payment will be processed automatically at the end of the session or upon the provision of the Services.
5.9 For payment made to the Company through this Website and/or Application, the name of the Company, Dr Howcare Sdn. Bhd. shall be on your financial statement.
5.10 You understand and agree that your medical appointment with the Healthcare Providers shall be confirmed upon the submission of a booking for medical appointment and payment. You further acknowledge that there shall be no cancellation by you thereafter unless proof that you have been hospitalized at the time of your scheduled medical appointment can be provided by you to the Company. Upon receipt of the said proof of hospitalization from you by the Company, the Company shall investigate and arrange for refund of the Consultation Fee, which you have paid within six (6) months from the date thereof, subject to the satisfaction of the results of investigation by the Company.
5.11 In the event of cancellation by the Healthcare Providers, the Company shall process for refund of the Consultation Fee or Booking Fee (only for physical medical appointment), which you have paid within sixty (60) days from the date of receipt of notification of such cancellation by the Company from the Healthcare Providers.
5.12 For switching between virtual and/or physical medical appointments i.e. interactive video communication and/or physical consultation (switching of medical appointment by way of text message is not allowed), you hereby undertake to pay the difference of fees and charges (including all applicable SST) and there shall be no refund of excess fees and charges paid for early booking of medical appointments.
5.13 The Health Providers do not take payment from any third party including but not limited to insurance company.
5.14 The Company reserves the right to suspend any transaction that the Company reasonably believes that the transaction may be fraudulent, illegal or involve any criminal activity or where you are reasonably believed to have breached this Agreement.
5.15 You shall be responsible for any finance or other charges imposed by your payment provider (such as credit card provider or financial institution) and you shall resolve any disputes with your payment provider (such as your credit card company) on your own (if any).
5.16 The Company shall have the right to make changes to the fees and charges from time to time without advance notice.
5.17 No refunds are available for any Services (or part of Services) which have been rendered or when the request has been confirmed or accepted by the Healthcare Providers. Refunds are only available when you cancel the request before it is confirmed or accepted by the Healthcare Providers, or it is cancelled by the Healthcare Providers.
6. PRESCRIPTIONS
6.1 Upon consultation via the Telemedicine service on this Website or Application, the Healthcare Providers may prescribe certain medication or test based on your medical history and symptoms you have described.
6.2 Any prescription issued is solely at the discretion of the Healthcare Providers 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.
6.3 You shall be responsible to inform the Healthcare Providers of any allergies, medications (including but not limited to traditional medications) and supplements of your current and/or regular consumption. You agree that the Healthcare Providers and the Company shall not be responsible for any allergic reactions experienced by you as a result of your non-disclosure.
7. INTELLECTUAL PROPERTY
7.1 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.
7.2 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.
7.3 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.
8. DISCLAIMER OF WARRANTIES
8.1 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.
8.2 You hereby further acknowledge and agree that this Website and/or Application is strictly a technology platform which connect user to the Healthcare Provider and vice versa and does not provide medical advice, diagnosis, treatment, or dispensary/pharmacy services of any kind.
8.3 You agree that the Healthcare Providers has complete authority responsibility, supervision, and control over the provision of all services, advice, instructions, prescriptions, and the Healthcare Providers shall be solely responsible for all information and communication provided to you. You hereby undertake to exercise reasonable precautions during your interaction with the Healthcare Providers. The Company does not guarantee that the Services available in this Website and/or Application is the appropriate course of treatment for your particular health issue or illness.
8.4 The Company reserve the right to remove any Healthcare Providers at any time at the sole discretion of the Company.
8.5 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.
8.6 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.
9. LIMITATION OF LIABILITY
9.1 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.
9.2 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 paid by you to the Company for the use of the Services. If any portion of this limitation of liability is found to be invalid, the Company’s liability shall be limited to the extent permitted by applicable law.
10. INDEMNITY
10.1 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.
10.2 You further agree to indemnify and defend the Healthcare Providers from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of the Healthcare Providers, non-disclosure or any breach of these Terms of Use.
11. TERMINATION
11.1 You are entitled to deactivate your account and end your registration at any time for any reason by sending an email to support.patient@drhow.com.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.
11.2 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. 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.
11.3 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.
11.4 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.
12. GENERAL
12.1 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.
12.2 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.
12.3 You acknowledge and agree that in any event the Company fails to enforce any right or provision in the Terms of Use, it shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
12.4 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.
12.5 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 any third party providers including but not limited to the Healthcare Providers.
12.6 The Company hereby reserves the right to vary and/or amend this Terms of Use 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 and/or Application. Your continued access to the Website and/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.
12.7 This Terms of Use is issued in languages of (i) English, (ii) Bahasa Malaysia and (iii) Chinese. In the event of any inconsistencies or discrepancies among the three versions, the English version shall prevail.
