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Teleme Technologies Sdn Bhd (formerly known as Tellme Sdn Bhd) (Co No. 1163799-D)
Latest Revision: 1 JANUARY 2018
- USE OF THE PLATFORM
- The Company operates the TeleMe portal at https://www.teleme.co, and other related websites and mobile applications (collectively, the “Site”) and the electronic platform (“Platform”) which enable the electronic interactions and access to various healthcare services. The Site and Platform enable users to report their health status and history and engage with third party medical practitioners and healthcare professionals (collectively, “Healthcare Professionals”) to access healthcare services, and facilitate the purchase and delivery of medication and pharmaceutical products (collectively, the “Service”).
- For the avoidance of doubt, the Company does not practise medicine or any other licensed profession, and does not intervene with the practice of medicine or any other licensed profession.
- ACKNOWLDGMENT AND CONSENT
- Teleme is a digital healthcare platform which enables the provision of healthcare services using interactive communication and video technology, where the patient and the Healthcare Professional are at different physical locations. As part of this, patients’ health history and personal health information may be provided and Healthcare Professionals interact and consult through the use of interactive video, audio and other telecommunications technology.
- At all times you remain responsible to determine if a face-to-face consultation with the patient is required and to ensure that all necessary interactions with the patient are conducted to provide the requisite care. We are not liable in any way for any misdiagnoses, acts or omissions of Healthcare Professionals who are independent providers and are not employed by or affiliated with Teleme.
Please note that there are potential risks associated with the use of the Platform. These risks include (without limitation):
- Information transmitted may not be sufficient (e.g. low quality of images or incomplete records or information) to allow for appropriate decision making;
- Delays in evaluation or treatment could occur due to failures of the electronic equipment or communication networks;
- Security protocols could fail, causing a breach of privacy of personal health information; or
- Delays in the purchase or delivery of medication may occur due to factors beyond our control.
- REPRESENTATIONS AND WARRANTIES
- By registering with Teleme and accessing the Platform, you expressly represent and warrant that all the information and documentation (including without limitation medical qualifications, practising certificate, medical indemnity insurance and MMC registration number, NRIC/passport/identity documentation details and other relevant documentation) provided are correct, true, complete and accurate and you will promptly inform us of any changes or updates (including renewals).
- You warrant that your use of the Platform, performance of your obligations and provision of the intended Service through or in connection with the Platform shall comply in all respects with all applicable laws, regulations, codes and guidelines (including any directives and requirements of applicable regulatory authorities), and will not expose Teleme to any liability or claims whatsoever.
- ACCESS RIGHTS, REGISTRATION OF ACCOUNT, CONSULTATIONS
You agree that you will not, and will not attempt to:
- impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
- use the Site or Platform in violation of any applicable law, regulation, code or guidelines;
- reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Platform;
- distribute viruses or other harmful computer code through the Site/Platform; or
- otherwise use the Platform or Site in any manner that exceeds the scope of use granted above.
- In order to access the Platform you are required to register with Teleme, subject to fulfilment of certain conditions and our approval. You agree to provide accurate, true and complete information when you register and to keep that information updated and accurate and to provide evidence of renewals of the practising certificate and medical indemnity insurance. When registering, you shall not use the name, qualifications or credentials of another person. We reserve the right to refuse, suspend or cancel your registration for any breach of these terms or at our discretion.
- Please be reminded that you are responsible for keeping your username and password confidential and secure and preventing unauthorized access to your account. You are solely responsible for all activities occurring through your account and you agree to inform us of any actual or threatened breach of your account. You undertake not to allow any other person to use your identity or account, and you may not assign or otherwise transfer your account to any other person. We are not responsible for any loss or damage arising from any breach of these obligations.
Registration of Account
- PAYMENT AND REFUNDS
- You may charge a fee for each consultation (‘Consultation Fee”) provided through the Platform to a patient in accordance with the specified consultation rate set out in your Profile and/or Site (as applicable). You confirm that this Consultation Fee is as agreed between you and the patient.
- Teleme will remit to you on at least a monthly basis (subject to receipt of the Consultation Fee from the patient), the Consultation Fee less the Teleme facilitation fee (“Doctor Charges”). The Doctor Charges will be paid to your specified bank account. You shall be responsible for any finance or other charges imposed for the remittance of the Doctor Charges to your account.
- If Goods and Services Tax (“GST”) is applicable to the Consultation Fee you are solely responsible for the reporting, collection and remittance of such GST to the relevant authorities in accordance with applicable laws.
- You agree that if any medication or other products are prescribed, the patient may choose the dispensing pharmacy and make arrangements with and payment to such pharmacy.
- Healthcare Professional may prescribe certain medication or tests or they may request certain medication, upon consultation.
- Any prescription is issued at your discretion and must be in compliance with prevailing standards, guidelines and laws. Teleme is not involved in the issuance or dispensation of the prescription.
- The user may select from the options available at the Site, the particular pharmacy/provider for the dispensation or delivery of their medication/products/tests, and an electronic copy of the prescription will be provided to the selected pharmacy.
- All medication/products/tests are charged at the prevailing pricing of the pharmacy/provider dispensing or providing the medication/tests and are subject to acceptance and payment by the user.
- The pharmacy/vendor reserves the right to decline to dispense a prescription for any reason whatsoever.
- Users are to inform their Healthcare Professional and pharmacy/vendor of any allergies or any other medication, supplements and traditional medication/healthcare they may be receiving and their underlying health condition and concerns.
- Healthcare Professionals are responsible to ensure the suitability, accuracy and completeness of all prescriptions and provide clear and appropriate instructions to the users.
- INTELLECTUAL PROPERTY
- Teleme and its licensors and providers, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and Site and all its contents, including without limitation the Software, text, materials, compilation of information, images, videos, displays, audio and design and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site/Platform.
- DISCLAIMER OF WARRANTIES
- You expressly agree that use of the Platform and/or Site is at your sole risk. Both the Platform and Site are provided on an “AS IS” and “AS AVAILABLE” basis. We do not warrant that access to the Platform/Site will be uninterrupted or error-free or that defects will be corrected. Teleme expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties or merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value and accuracy of data.
- You acknowledge that TeleMe does not provide medical advice, diagnosis, treatment, or dispensary/pharmacy services and the Platform comprises a technology platform and infrastructure for connecting patients with Healthcare Professionals and facilitating the delivery or purchase of medication/medical or health products, aids and devices .
- You agree that you are solely responsible for all interaction and communication during a telehealth consultation and any other communication and interaction, including all prescriptions pursuant to the Platform and you agree to take all reasonable precautions and use your best professional judgement in all such interactions and communication, and will not hold us liable in any way in connection with such communication, interaction and prescription.
- We make no representation that the Site or Services are appropriate or available for use outside of Malaysia and you are responsible for compliance with applicable local laws.
- We reserve the right at our discretion, to vary the scope of Services available through the Site at any time.
- LIMITATION OF LIABILITY
- YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TELEME OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY LOSS OF REVENUES, PROFITS OR GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE RELATING IN ANY WAY TO THE PLATFORM, SITE, SERVICES, ANY INFORMATION OR MATERIALS ON OR OBTAINED THROUGH THE PLATFORM/SITE. In no event shall our total liability to you for any and all damages, losses, costs, expenses and fees exceed the amount we have paid to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
- You agree to indemnify, defend and hold harmless Teleme, its officers, directors, employees, agents, representatives, affiliates, partners, licensors and suppliers, harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of the Platform or Site, provision of the Services, dealings with the users/patients or any breach of these Terms or Use.
- PERSONAL DATA PROTECTION AND CONFIDENTIALITY
- For the purposes of this Agreement, “Personal Data” means information about you, from which you (or any individual) are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card or account details, race, gender, date of birth, email address, qualifications and credential, medical history and any information about you which you have provided to Teleme in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Teleme from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
- The provision of your Personal Data is voluntary. However if you do not provide your Personal Data, Teleme may not be able to process your Personal Data for the Purposes outlined below and you may not be able to access the Platform.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“Purpose”):
- To perform the Company’s obligations in respect of any contract entered into with you;
- Process, manage or verify your registration;
- To respond to questions, comments and feedback from or relating to you;
- To communicate with you for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under law; and
- To send you alerts, newsletters, updates, mailers, promotional materials, special privileges and the like from the Company, its partners, advertisers and or sponsors.
- As the Company’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia.
The Company may engage other companies, service providers or individuals to perform functions on the Company’s behalf, and consequently may provide access to or disclose your Personal Data to the third parties such as those listed below (not exhaustive):
- Information technology (IT) service providers;
- Data entry service providers;
- Storage facility providers;
- Insurance providers;
- Any professional advisors and external auditors; and
- Regulatory and governmental authorities in order to comply with statutory and government requirements.
- Subject to any exceptions under applicable laws, you may at any time hereafter request for access to, or for correction or rectification of your Personal Data or limit the processing of your Personal Data, or seek further information from the Company by using the contact details provided on the Site.
- We operate a helpdesk and will always try to resolve any queries, complaints or disputes when they first arise. Please provide details of any queries, complaints or comments by logging into our Contact Us page and completing the form there.
- You agree to respond to any comments, queries or complaints arising from your consultation in a timely manner to enable Teleme to provide the appropriate helpdesk and customer service in accordance with its operating procedures.
Latest Revision: 1 January 2018
Collection of Personal Information
We may collect personal information which relates to an individual and who is identifiable from that information, such as personal details (including your name, address, contact details, date of birth, gender, identification card/passport/birth certificate number, nationality, occupation, height, weight, lifestyle habits, ethnicity and medical information), contact details (such as address, e-mail address, telephone number), payment details (such as bank account, credit/debit card and other payment details, insurance information) and any information which you have provided in registration/application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Teleme from time to time, and includes sensitive personal data such as data relating to health or religious or other similar beliefs. Teleme only collects, uses and discloses sensitive personal data with your express consent. This information may be collected when you use this Site or our services, you sign up, you contact us, you provide feedback, through other social networking services such as Facebook or Twitter, or you carry out any transactions with us. In addition, we may from time to time request certain other personal information which may be relevant for the purposes of providing our services to you.
If you provide any personal information relating to a minor, you warrant that you are the parent or legal guardian of such minor and have the necessary authority to provide such information and the applicable consents.
While the provision of personal information is not obligatory, it is required in connection with the purposes as stated below, and if we do not have this information we may not be able to carry out the purposes or provide our services to you.
Cookies, analytics and automatic collection of information
We may use and disclose aggregated and anonymised statistics about usage of this Site or our services. We may also use research or marketing companies to gather such data and provide statistical information about visits to this Site, data on visitors' screen settings and other general information. We may also use third party analytics services to collect and analyze the activities on our Site, for system administration, reporting purposes or to improve the Site, and such third party may have access to your personal information subject to their prevailing privacy policies.
Use of Personal Information
We may use your personal information for any of the following reasons:
Who do we disclose personal information to?
In connection with the above use of your personal information, we may disclose such personal information to the following:
Please note that such disclosure may involve the transfer of your personal information to places outside of Malaysia and by providing us with such information, you consent to such transfer in connection with your dealings with us, the requested services or for the performance of contractual obligations. Any such transfer will be in accordance with this Policy and applicable law.
Certain medical practitioners or healthcare providers/professionals may require your express consent or submission of certain information or documents in connection with the provision of services to you. If so, you will be requested to provide such express consent, forms or information (as the case may be) in order to proceed with the provision of the services.
Third Party Sites or providers
Through the Site and/or the services, you may obtain access to certain third parties such as medical or healthcare practitioners, professionals or providers and other portals or applications. The privacy policies/personal data protection notices of such third parties are independent from that of Teleme’s and you should review such policies/notices carefully as the use of information disclosed to such third parties is subject to such policies/notices.
You have the option to opt-out of receiving marketing communications from us and selected third parties and limiting the distribution of your personal information. You can do so by contacting us via the contact details below or so far as applicable, by accessing your registration/account with us or by clicking on the "unsubscribe" link in certain electronic communications we may send to you.
When we receive your request to opt-out from receiving marketing communication, it may take up to fourteen (14) working days for your opt-out to be updated in our records and systems. Accordingly, you may still receive marketing communication during this short period of time. Kindly be reminded that even if you opt-out from receiving marketing communication, we may still contact you for other purposes in relation to the transactions between us or the services you have requested from us.
Protection of Personal Data
We take the necessary security and technical measures to protect the security and confidentiality of personal data in compliance with applicable law. The transmission of payment information (such as credit card and account numbers) is protected through the use of encryption such as SSL (Secure Socket Layer) protection.
Checking & Updating Your Details & Passwords
If you wish to access, verify or correct any of your personal information, you may do so by contacting us via the contact details below. Please note that depending on the request, we may charge a small fee. Our security procedures mean that we may request proof of identity before we reveal information or carry out the requests. This proof of identity may take the form of your username/e-mail address and password submitted upon registration (so far as applicable). Therefore, you should keep this information safe as you will be responsible for any action which we take in response to a request from someone using your username/e-mail and password. If you have an account with us, you can also update your personal information by accessing your account. You undertake to keep safe and not disclose to third parties, your account information, including passwords. We are not responsible for any misuse or disclosure of access information or passwords.
Please contact us if any of your personal data subsequently becomes outdated, inaccurate or incomplete to help ensure the accuracy of the data in our records.
Changes to the Policy
We reserve the right to modify and change this Policy from time to time. Any changes to this Policy will be published at this Site and your continued use of the Site or our services will constitute your acceptance of the modified Policy.
This Policy is provided in both English and Bahasa Malaysia. In the event of any discrepancies, the English version shall prevail. Furthermore, if there are any inconsistencies between this Policy and the terms and conditions of the services we provide to you, the latter shall prevail.