TeleMe

TeleMe Technologies Sdn. Bhd. Terms of Use Agreement

Latest Revision: 10 August 2016

  1. USE OF THE SERVICE
    1. Important – please read these terms carefully. By using this Site or Service (defined below), you agree that you have read, understood, accepted and agreed with these Terms of Use. In order to use the Site or you must agree to the Terms of Use that are set out below. You further agree to the representations made by yourself below. If you do not agree to the Terms of Use, please do not continue using this Service or Site.
    2. The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legally binding agreement between you and Teleme Technologies Sdn Bhd (Company No. 1163799-D and formerly known as TellMe Sdn Bhd (referred to as “we”, “us”, “Teleme” or the “Company”).
    3. The Company operates the portal at https://www.teleme.co, and other related websites and mobile applications (collectively, the “Site”). The Company offers telehealth services enabling users to report their health status and history and engage third party medical practitioners and healthcare professionals (“Healthcare Professionals”) to access healthcare services and facilitate the purchase or 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.
    4. None of the content on the Site should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
    5. By using the online platform provided to you on the Site, and downloading, installing or using any associated software or application supplied by the Company (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.teleme.co.
    6. The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Site/Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Site/Service shall be effective upon the posting of an updated version at http://www.teleme.co. You agree that it shall be your responsibility to review the Terms of Use regularly. The continued use of the Site or Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

    The Site and Service should not be used for medical emergencies. If you are facing a medical emergency, you should contact “999” or your local emergency medical services provider immediately.

  2. INFORM CONSENT
    1. Telehealth is the provision of health care services using interactive audio and video technology, where the patient and the Healthcare Professional are at different physical locations. As part of this telehealth consultation, your health history and personal health information may be discussed and Healthcare Professionals interact and consult through the use of interactive video, audio and other telecommunications technology.
    2. The telehealth services you receive from the Healthcare Professionals are not intended to replace a primary care physician relationship. You should seek emergency help or follow-up care when recommended by a Healthcare Professional or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
    3. There are potential risks associated with the use of TeleMe. These risks include, but may not be limited to:
      1. Information transmitted may not be sufficient (e.g. low quality of images) to allow for appropriate decision making/diagnosis by the Healthcare Professional;
      2. 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;
      3. A lack of full access to all your health records may result in adverse drug interactions or allergic reactions or other judgment errors in rare cases;
      4. Security protocols could fail, causing a breach of privacy of personal health information;
    4. By using the Service, you understand and agree that:
      1. TeleMe may not be able to serve all your medical needs;
      2. It may be necessary for you to go in for a face to face consultation, especially in emergency cases; and
      3. Delays in the purchase or delivery of medication may occur due to external factors beyond TeleMe’s control.
  3. REPRESENTATIONS AND WARRANTIES
    1. By using the Service and/or registering an account, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. If you are below eighteen (18) years old, your parent or legal guardian must consent to the use of the Site and/or Service. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use (or to do so on behalf of a minor child of whom you are a parent or legal guardian). You further confirm that all the information which you provide shall be true, accurate and complete. Your use of the Service is for your own sole, personal use (or that of your minor child for whom you are a parent/legal guardian). You undertake not to authorize others to use your identity or account, and you may not assign or otherwise transfer your account to any other person or entity.
  4. ACCESS RIGHTS AND REGISTRATION OF ACCOUNT
    1. Subject to you complying with these Terms of Use and the registration requirements, we grant to you a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason.
    2. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any applicable law, regulations or guidelines; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Healthcare Professionals through the Site and to refrain from contacting Healthcare Professionals for telehealth services outside of the Site. TeleMe is not responsible for any interactions with Healthcare Professionals that are not conducted through the Site.
    3. In order to access certain telehealth services through this Site you need to register an account. You agree to provide accurate and complete information when you register and to keep that information updated and accurate. When registering an account, you shall not use as an account name the name of another person with the intent to impersonate that person. We reserve the right to refuse registration of an account or cancel it at our discretion.
    4. Please be reminded that you are responsible for keeping your 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. We are not responsible for any loss or damage arising from any breach of these obligations.
  5. PAYMENT
    1. You agree to pay all fees and charges (including all applicable GST) in accordance with the applicable fees, charges and payment terms (including without limitation, consultation fees and medication charges).
    2. You may choose to pay for the Service by any of the payment methods available at the Site, including without limitation through the specified payment gateways.
    3. By providing the requisite payment information, you agree that we may invoice all fees and charges due.
    4. We reserve the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.
    5. You shall be responsible to resolve any disputes with your payment provider (such as your credit card company) on your own.
    6. We reserve the right to make changes to the pricing of the fees and charges from time to time without advance notice.
  6. REFUND POLICY
    1. There shall be strictly no refund once services have been rendered. A refund will only be given subject to terms and conditions outlined.
    2. The Site shall only be an intermediary connecting the patient with the practitioner registered on our platform. Once the appointment has been made and a confirmation has been given to the patient, no amount shall be refunded, in the event of cancellation. However, in certain circumstances, the Company at its discretion shall permit a refund of the full or partial amount if the practitioner becomes unavailable. The decision of the Company shall be final in such cases.
  7. INTELLECTUAL PROPERTY
    1. The Company and its licensors and providers, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the 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 Service/Site.
    2. The Terms of Use do not convey to you any rights of ownership in or related to the Service or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, and certain other material on the Site constitute trade marks or other intellectual property rights of the Company or its licensors/providers or other parties and no right or license is granted to use them. You must not reproduce, distribute, modify, communicate to the public, download or transmit any of the material on this Site except as expressly permitted by these Terms of Use.
  8. TERMINATION
    1. You may deactivate your account and end your registration at any time, for any reason by sending an email to admin@teleme.co or in accordance with the Terms or Use. The Company may suspend or terminate your use of the Site, your account and/or registration for any reason at any time. Without prejudice to the generality of the foregoing, 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 the Site and/or Services.
    2. Following termination or deactivation, you will not have further access to your account or the Services. In the case of termination/deactivation by us, you remain liable for all amounts due up to and including the date of termination/deactivation. 7.3 Upon termination, the following Sections shall continue in force: Sections, 2, 3, 6, 8, 9, 10, 11 and 12 and any other provisions of these Terms of Use that are intended to continue in force after termination.
  9. DISCLAIMER OF WARRANTIES
    1. You expressly agree that use of the Site and/or Services is at your sole risk. Both the Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that access to this Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Company and/or 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.
    2. You acknowledge and agree that the Company and/or TeleMe does not provide medical advice, diagnosis, treatment, or dispensary/pharmacy services and is strictly a technology platform and infrastructure for connecting patients with independent third party healthcare professionals and medical practitioners and facilitating the delivery or purchase of any medication/medical or health products, aids and devices irrevocably accepted by the patient as a result of the consultation with the Healthcare Professional.
    3. You acknowledges and agree that the Healthcare Professionals using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical 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 Healthcare Providers, in their sole discretion, as they deem appropriate.
    4. You agree that you and your healthcare professional/medical practitioner are solely responsible for all information and communication during a telehealth consultation or other communication and we do not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health issue or illness. 8.5 We make no representation, warranty or endorsement as to the conduct, ability, efficacy, accuracy, timeliness or relevance of any information, service or treatment provided by any medical practitioner or healthcare professional and you agree that your interactions with such practitioner or professional are at your own risk and you agree to take reasonable precautions in all such interactions.
    5. You further acknowledge and agree that the relevant pharmacy (as chosen by you) is solely responsible for the dispensation and provision of all medications and health aids obtained pursuant to this Site and you will not hold us liable in any way in connection with such dispensation and provision of medication and health aids.
  10. LIMITATION OF LIABILITY
    1. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR TELEME OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE 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 THE SITE OR THE SERVICES, 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 SITE, SERVICES, ANY INFORMATION OR MATERIALS ON OR OBTAINED THROUGH THE SITE. In no event shall our total liability to you (or for any minor for whom you are responsible for) for any and all damages, losses, costs, expenses and fees exceed the amount you have paid to us. 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.
  11. INDEMNITY
    1. You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, licensors, partners and suppliers, harmless from and against any claim, actions, demands, liabilities, costs, expense, penalties and settlements, including without limitation reasonable legal fees (“Claims”), resulting from, or alleged to result from, any use of the Site, Services and/or Software or any breach of these Terms or Use. In addition, you agree to indemnify, defend and hold harmless your Healthcare Professional(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of the Healthcare Professional(s) or breach of these Terms of Use.
  12. PERSONAL DATA PROTECTION
    1. You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
    2. For the purposes of this Agreement, “Personal Data” means information about you, from which you 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 details, race, gender, date of birth, email address, previous medical history any information about you which you have provided to the Company 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 the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
    3. The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, the Company may not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
    4. The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“Purpose”):
      1. To perform the Company’s obligations in respect of any contract entered into with you;
      2. To provide you with any services pursuant to the Terms of Use herein;
      3. Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
      4. To validate and/or process payments pursuant to the Terms of Use herein;
      5. To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
      6. To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
      7. To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
      8. To respond to questions, comments and feedback from you;
      9. To communicate with you for any of the purposes listed herein;
      10. For internal administrative purposes, such as auditing, data analysis, database records;
      11. For purposes of detection, prevention and prosecution of crime;
      12. For the Company to comply with its obligations under law;
      13. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges,
 from the Company, its partners, advertisers and or sponsors;
  13. GENERAL
    1. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
    2. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
    3. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
    4. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
    5. The Terms of Use comprises 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.
    6. All notices given under these Terms of Use shall be in writing and sent to your address specified in your registration form (as updated from time to time) and to our address as set out at the Site. Any such notice shall be delivered personally, by courier, or by electronic mail or registered post and shall be deemed to have been served if by personal delivery or courier when delivered, if by electronic mail when sent (with proof of sending) and if by registered post, 7 days after posting. Provided that all invoicing, reports and receipts may be sent by email or other agreed form of communication.
  14. HELPDESK
    1. 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.