Terms of Service for Telemedicine Services

1. Definitions and Interpretations

1.1 In these Terms of Service ("Terms"), unless the context otherwise requires:

"Clinic" means Chidlom Polyclinic with registration number 10110007665

"Platform" means the Clinic's telemedicine platform, including its website, mobile applications, and related technologies;

"Services" means the telemedicine services provided through the Platform;

"Healthcare Provider" means a licensed medical professional providing services through the Platform;

"User" or "Patient" means any individual who accesses or uses the Platform;

"Consultation" means a remote medical consultation between a Healthcare Provider and a Patient;

"Medical Information" means any information related to a Patient's health, medical history, or treatment;

"Emergency" means a medical condition requiring immediate in-person medical attention.

1.2

References to "writing" include email and other electronic communications.

1.3

Any words following the terms "including," "include," "in particular," or similar expressions shall be construed as illustrative.

2. Acceptance of Terms

2.1

By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. This includes, but is not limited to, our data protection policies, payment terms, refund policies, and terms of use. You acknowledge that you have read and understood these Terms and policies in their entirety. Your agreement to these Terms creates a legally binding contract between you and the Clinic. If you are using the Platform on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

2.2

If you do not agree to these Terms, you must not use the Platform. This includes disagreement with any part of these Terms, our Privacy Policy, data protection policies, payment terms, or other referenced policies. We strongly encourage you to review all terms and policies carefully before proceeding. If you have questions about these Terms, please contact us before using the Platform. Your use of the Platform will be considered explicit acceptance of these Terms in their entirety.

2.3

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform constitutes acceptance of modified Terms.

3. Service Description

3.1 The Platform provides:

• Remote medical consultations via video, audio, or text with licensed healthcare professionals for non-emergency medical advice, diagnoses, and treatment plans
• Electronic prescription services where legally permitted, allowing healthcare providers to prescribe medications digitally in accordance with local regulations
• Secure messaging with Healthcare Providers through an encrypted system that protects patient confidentiality while enabling ongoing communication about treatment
• Medical record storage and access in a secure system that complies with Thailand's Personal Data Protection Act (PDPA) and safely maintains patient history, test results, and treatment plans
• Appointment scheduling with automated reminders and the ability to select preferred healthcare providers and consultation times

3.2 Service Limitations:

• The Services are not intended for medical emergencies - if you experience chest pain, difficulty breathing, severe bleeding, loss of consciousness, or any other life-threatening condition, call emergency services immediately or go to the nearest emergency room
• Not all medical conditions are suitable for telemedicine - conditions requiring physical examination, complex procedures, or immediate hands-on care may need in-person visits. Healthcare Providers will advise if your condition requires in-person care
• The Platform does not guarantee the availability of specific Healthcare Providers at all times - while we strive to maintain adequate coverage, factors like high demand, technical issues, or provider schedules may affect availability
• Services may be limited by local regulations and licensing requirements - Healthcare Providers can only practice within jurisdictions where they are licensed, and certain medical services or prescriptions may be restricted by local laws
• The quality and reliability of telemedicine consultations may be affected by technical factors like internet connectivity, video/audio quality, or device compatibility
• Healthcare Providers may need to refer patients to in-person care if they determine telemedicine is not appropriate for the patient's condition or circumstances

3.3 Geographic Restrictions:

• Services are only available in jurisdictions where telemedicine is permitted by law. Currently, our services are primarily focused on Thailand where telemedicine is regulated under the Medical Council of Thailand's guidelines
• Healthcare Providers may only practice within their licensed jurisdictions. All Healthcare Providers must be licensed in Thailand and registered with the Medical Council of Thailand to provide telemedicine services through our Platform
• Cross-border telemedicine consultations may be restricted or prohibited by local regulations. Users traveling internationally should verify service availability in their current location
• Certain medical services, prescriptions, or treatments may be restricted or prohibited in specific jurisdictions even where telemedicine is generally permitted

4. User Registration and Accounts

4.1 Registration Requirements:

• You must be at least 18 years old or the legal age of majority in your jurisdiction to create an account and use our services. If you are under the required age, you must have parental or guardian consent and supervision to use the Platform.
• When registering, you must provide accurate, current, and complete information about yourself, including your full legal name, contact details, and any relevant medical history or conditions. False, outdated, or incomplete information may result in service delays or termination.
• You agree to promptly update your account information if any changes occur, including changes to your contact information, insurance details, or health status. Keeping your information current ensures proper medical care.
• Your login credentials (username and password) must be kept strictly confidential. Do not share these with anyone or allow others to access your account, as this could compromise your medical privacy and security.

4.2 Account Security:

• You are fully responsible for all activities that occur under your account, whether authorized by you or not. This includes any medical consultations, prescriptions, or communications made through your account.
• If you suspect any unauthorized access or security breach of your account, you must notify us immediately through our customer support channels. Prompt notification helps us protect your medical information and prevent unauthorized use.
• Account sharing or transfer is strictly prohibited. Each account is for individual use only, even within families. Multiple users must create separate accounts to maintain accurate medical records and ensure proper care.
• You must implement strong security measures, including using complex passwords, enabling two-factor authentication when available, and ensuring secure internet connections when accessing the Platform.

4.3 Account Verification:

• We may require additional identity verification through government-issued ID, facial recognition, or other means to ensure the security and integrity of our medical services.
• Healthcare Providers must submit valid medical licenses, credentials, and professional certifications. These will be verified with relevant medical boards and regulatory authorities in Thailand.
• We reserve the right to refuse registration or terminate accounts that fail to meet our verification requirements, provide false information, or violate our terms of service.

5. Medical Services

5.1 Nature of Services:

• All medical consultations are provided by licensed Healthcare Providers who are registered with the Medical Council of Thailand and have undergone our rigorous verification process. Each provider maintains appropriate professional liability insurance.
• Our telemedicine services are designed for appropriate medical conditions that can be safely evaluated and treated remotely. This includes routine care, follow-up visits, medication management, and certain acute conditions.
• Healthcare Providers maintain full professional discretion to decline treatment for conditions they deem unsuitable for telemedicine or beyond their expertise. They may refer you to in-person care when necessary.
• Prescription medications are provided only when medically appropriate and in compliance with Thai FDA regulations and medical practice guidelines. Controlled substances and certain other medications may not be available through telemedicine.

5.2 Medical Emergencies:

• Our Platform is explicitly NOT designed for emergency medical conditions. We cannot provide emergency care or immediate life-saving interventions through telemedicine.
• In case of medical emergencies such as chest pain, severe bleeding, difficulty breathing, or loss of consciousness, users must immediately contact emergency services or proceed to the nearest emergency room.
• We assume no liability for adverse outcomes resulting from delays in seeking emergency care. Users acknowledge that choosing telemedicine in emergency situations may result in serious harm.

5.3 Healthcare Provider-Patient Relationship:

• A formal provider-patient relationship is established when you complete your first consultation. This relationship creates legal and ethical obligations for both parties under Thai medical practice laws.
• All medical care is provided according to professional standards of care established by the Medical Council of Thailand and relevant specialty boards.
• Either party may terminate the provider-patient relationship with appropriate notice, ensuring continuity of care through proper referral or transfer of medical records.
• While we strive to provide consistency, we cannot guarantee availability of specific Healthcare Providers for follow-up care. Your medical records will be available to all platform providers to ensure continuity.

5.4 Medical Records:

• All medical records are maintained in accordance with Thai healthcare regulations and the Personal Data Protection Act (PDPA). Records are stored securely with encryption and access controls.
• Patients have the right to access their complete medical records upon request, subject to reasonable processing time and any applicable fees permitted by law.
• With your explicit consent, we may share your medical records with other healthcare providers for continuity of care or second opinions. All sharing complies with privacy laws.
• Medical records are retained for the period required by Thai law and our retention policies. You will be notified before any scheduled destruction of records.

6. Privacy and Data Protection

6.1 Data Collection:

• Personal information including but not limited to your name, contact details, date of birth, national ID number, and other identifying information necessary for medical care and account verification
• Medical information including your health history, current conditions, medications, allergies, symptoms, diagnoses, treatment plans, and any other health-related data shared during consultations
• Technical data such as IP address, browser type, device information, operating system, and other data automatically collected when you use our Platform
• Usage information including your interactions with the Platform, consultation history, messaging logs, appointment schedules, and service utilization patterns

6.2 Data Usage:

• Providing medical services including facilitating consultations, maintaining medical records, coordinating care between providers, processing prescriptions, and ensuring appropriate follow-up care
• Improving the Platform through analysis of user behavior, identification of technical issues, enhancement of features, and optimization of the user experience
• Research (with anonymization) to advance medical knowledge, improve healthcare delivery, analyze treatment outcomes, and contribute to public health initiatives while protecting individual privacy
• Legal compliance with healthcare regulations, medical practice standards, data protection laws, and other applicable legal requirements in Thailand

6.3 Data Protection:

• Industry-standard security measures including firewalls, intrusion detection systems, access controls, and security monitoring to protect against unauthorized access
• HIPAA compliance (where applicable) ensuring alignment with international best practices for healthcare data security and privacy protection
• Encryption of sensitive data both in transit and at rest using advanced encryption protocols to protect medical and personal information
• Regular security audits conducted by independent third parties to assess and verify our security infrastructure, identify vulnerabilities, and ensure continuous protection of your data

6.4 Data Sharing:

• With Healthcare Providers for treatment purposes, ensuring all participating providers have appropriate access to your medical information to deliver quality care
• With third parties with your explicit consent, such as other healthcare facilities, specialists, or insurance providers for coordination of care or claim processing
• As required by law, including compliance with court orders, regulatory requirements, or public health reporting obligations
• In anonymized form for research purposes, with all identifying information removed and aggregated data used only for approved medical research and quality improvement initiatives

7. User Responsibilities

7.1 General Obligations:

• Provide accurate and complete personal, medical, and insurance information during registration and consultations
• Keep medical history up to date with new conditions, medications, allergies, and other relevant health changes
• Strictly follow prescribed treatment plans, medication schedules, and healthcare provider recommendations
• Attend all scheduled appointments on time and provide at least 24 hours notice for cancellations
• Make timely payments for services rendered according to the agreed payment terms and fee schedule

7.2 Prohibited Activities:

• Using the Platform for fraudulent purposes including insurance fraud, identity theft, or obtaining medications under false pretenses
• Any form of harassment, abuse, or inappropriate behavior towards Healthcare Providers including threats, discrimination, or sexual harassment
• Sharing account credentials with others or allowing unauthorized access to your telemedicine account
• Recording, storing, or distributing audio, video, or text from consultations without explicit written consent from the Healthcare Provider
• Attempting to obtain multiple prescriptions, forging prescriptions, or using prescriptions in any manner other than as prescribed

7.3 Communication Guidelines:

• Maintain professional, courteous, and respectful communication with all Healthcare Providers and staff members at all times
• Respond promptly to Healthcare Provider messages, appointment requests, and follow-up care instructions within 24-48 hours
• Provide detailed, honest, and accurate descriptions of symptoms, medical concerns, and responses to treatment
• Use the Platform's messaging features only for medical purposes and avoid sharing personal, promotional, or inappropriate content

8. Technical Requirements

8.1 Minimum Requirements:

• Stable internet connection with minimum 2Mbps upload/download speed for basic video functionality
• Compatible device (smartphone, tablet, or computer) running iOS 13+, Android 8+, Windows 10+, or macOS 10.14+
• Updated software including latest security patches and video conferencing capabilities
• Functional camera with at least 720p resolution and microphone with clear audio pickup

8.2 Recommended Specifications:

• Internet speed: 5Mbps minimum upload/download for optimal HD video quality and stable connection during entire consultation
• Updated browser (Chrome 90+, Firefox 88+, Safari 14+) or latest version of our mobile app for best performance and security
• HD camera capability (1080p) with auto-focus for clear visual examinations when required
• Clear audio input/output through built-in or external microphone/speakers with noise cancellation features

8.3 Environment Requirements:

• Private, quiet location that ensures patient confidentiality and HIPAA compliance during consultations
• Adequate lighting (preferably natural light or well-distributed artificial lighting) for clear visibility of physical symptoms
• Minimal background noise and distractions to ensure clear communication with healthcare provider
• Stable device placement at eye level, approximately 2-3 feet away, with camera properly oriented for optimal provider interaction

9. Intellectual Property

9.1 Ownership:

• All Platform technology, including but not limited to software, algorithms, interfaces, and system architecture remains the exclusive property of the Clinic
• All content and materials including text, images, videos, documentation, and other media created by the Clinic are protected by copyright and other intellectual property laws
• All trademarks, logos, brand names, and other Clinic branding elements are registered trademarks of Chidlom Polyclinic
• User-generated content remains the intellectual property of the user while granting limited usage rights to the Clinic

9.2 License:

• Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal healthcare purposes only
• No ownership rights or intellectual property are transferred to users through their use of the Platform
• Users may not copy, modify, distribute, reverse engineer, or create derivative works from any Platform content or technology
• Acceptable use is limited to accessing services as intended, without attempting to circumvent security measures or access unauthorized areas

9.3 User Content:

• By submitting content to the Platform, users grant the Clinic a worldwide, royalty-free license to use, store, and process that content for service delivery purposes
• Users must own or have proper rights to any content they submit and warrant that it does not infringe on third-party rights
• The Clinic reserves the right to remove any user content that violates these terms or is deemed inappropriate without prior notice
• While the Clinic implements security measures to protect user content, it makes no guarantee about permanent storage or backup of user-submitted materials

10. Liability and Disclaimers

10.1 Service Warranty:

• While we strive to provide high quality care, we cannot guarantee specific medical outcomes or results from using our telemedicine services
• The Platform and Services are provided "as is" without any warranties, express or implied, regarding availability, reliability, accuracy or fitness for a particular purpose
• We do not guarantee 24/7 availability of the Platform and Services may be interrupted for maintenance, updates, or technical issues beyond our control
• Users acknowledge that telemedicine has inherent technical limitations and may not be suitable for all medical conditions or emergency situations

10.2 Limitation of Liability:

• The Clinic's total liability for any claims arising from use of the Platform is limited to the total amount paid by the user in the 12 months preceding the claim
• We are not liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, data loss, or business interruption
• The Clinic is not liable for service interruptions due to events beyond our reasonable control, including natural disasters, government actions, or internet outages
• We accept no liability for technical failures, including but not limited to connectivity issues, device malfunctions, or software bugs that may affect service delivery

10.3 Indemnification:

• Users agree to indemnify and hold harmless the Clinic against any claims arising from their misuse of the Platform or violation of these Terms
• Protection extends to the Clinic, its officers, directors, employees, and partners against all losses, expenses, damages and costs
• Users must promptly notify the Clinic of any third-party claims and provide reasonable cooperation in the defense of such claims
• The Clinic reserves the right to assume exclusive defense and control of any matter subject to indemnification at the user's expense

11. Termination

11.1 Termination Rights:

• Users may terminate their account at any time by providing written notice to the Clinic through the Platform or designated contact methods
• The Clinic may terminate or suspend access immediately for violations of Terms, fraudulent activity, or behavior that poses risks to other users
• Accounts will be automatically terminated after 12 months of inactivity or upon death/incapacity of the user
• Upon termination, access to the Platform will cease and any scheduled consultations will be cancelled with applicable refunds issued

11.2 Post-Termination:

• Users retain right to access and download their medical records for 30 days after account termination in accordance with applicable laws
• Any outstanding payments or fees must be settled within 15 days of termination, including charges for services rendered but not yet billed
• The Clinic will assist in transitioning ongoing care to other providers and provide necessary medical documentation as requested
• User data will be retained according to medical record retention laws and our Privacy Policy, typically 5 years minimum

11.3 Survival:

• Payment obligations, warranties, and indemnifications survive termination of these Terms
• All licenses granted to the Clinic for user content remain in effect for regulatory compliance purposes
• Obligations to maintain confidentiality of medical information continue indefinitely per healthcare privacy laws
• Limitations of liability and dispute resolution provisions remain enforceable after termination

12. Dispute Resolution

12.1 Process:

• Initial notification must be submitted in writing to the Clinic detailing the nature of the dispute and desired resolution
• Parties will attempt informal resolution through good faith negotiations within 30 days of notification
• If informal resolution fails, parties agree to participate in mediation with a mutually agreed upon mediator in Bangkok, Thailand
• If mediation is unsuccessful after 60 days, either party may pursue binding arbitration or litigation in Thai courts

12.2 Governing Law:

• These Terms are governed by and construed in accordance with the laws of Thailand
• The courts of Thailand shall have exclusive jurisdiction over any disputes
• Legal proceedings shall be conducted in Bangkok, Thailand
• The official language for dispute resolution shall be Thai, with English translations provided as needed

12.3 Class Action Waiver:

• Users agree to resolve disputes with the Clinic on an individual basis only
• Users waive any right to participate in class action lawsuits or class-wide arbitration
• Claims under 50,000 THB may be filed in small claims court without waiving these dispute resolution terms
• Users may opt-out of this class action waiver by notifying the Clinic in writing within 30 days of accepting these Terms

13. Miscellaneous Provisions

13.1 Notices:

• All notices must be in writing and delivered via email to the address provided during registration, or by registered mail to the Clinic's physical address
• Notices are considered received 24 hours after email transmission or 5 business days after postal mailing
• Users must notify the Clinic within 7 days of any changes to their contact information or registered address
• Important notices may require acknowledgment of receipt through the Platform or written confirmation

13.2 Assignment:

• Users may not assign or transfer their rights and obligations under these Terms to any third party without prior written consent from the Clinic
• The Clinic may assign its rights and obligations to subsidiaries, affiliated companies, or successors in business without restriction
• In case of merger, acquisition, or sale of Clinic assets, user data and medical records will be transferred according to privacy laws and regulations
• Users will be notified at least 30 days in advance of any assignment that materially affects service delivery

13.3 Severability:

• If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed while remaining provisions stay in effect
• Invalid provisions will be reformed to reflect the original intent while complying with applicable laws
• Core Terms related to medical services, privacy, and user safety are considered essential and may affect the entire agreement if invalidated
• These Terms constitute the complete agreement between parties, superseding all prior agreements regarding telemedicine services

13.4 Updates:

• The Clinic reserves the right to modify these Terms at any time to reflect changes in services, laws, or business practices
• Users will be notified of material changes through email and Platform notifications at least 14 days before implementation
• Continued use of the Platform after changes constitutes acceptance of modified Terms; users who disagree must discontinue use
• All versions of Terms are archived and accessible to users, with clear indication of effective dates and revision history