DIGITAL HEALTH PAYMENT PLATFORM
TERMS AND CONDITIONS FOR USE OF SERVICE (Terms and Conditions)
By clicking on “Accept” you confirm you accept and agree to the following terms and conditions for the use of the services of KANBAWZAX-PH (KBX-PH COMPANY LTD, a company incorporated and existing under the laws of Myanmar with company registration number 124948967) (The Digital Health Payment Platform):
The Digital Health Payment Platform is NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL AN EMERGENCY NUMBER OR GO DIRECTLY TO THE EMERGENCY DEPARTMENT OF A HOSPITAL.
DEFINITIONS AND INTERPRETATION: Please see the end of these Terms and Conditions.
The Digital Health Payment Platform is intended for Myanmar national users only within the territory of the Republic of the Union of Myanmar. If you are not a Myanmar national, or are not within the territory of the Republic of the Union of Myanmar, you may not use this service.
The Digital Health Payment Platform is [a service by which users anywhere in Myanmar can access up to date medical and pharmaceutical information over their mobile phones using the KBZPay app]
The Digital Health Payment Platform charges by [Francis please describe how The Digital Health Payment Platform charges]).
1. YOU AGREE TO THE FOLLOWING
You are the person registering and are not presenting yourself as someone else or acting as an agent for somebody else; You will only register once with The Digital Health Payment Platform unless you are registering for a dependent or a person in your care; You agree to protect the privacy and security of all Users (including The Digital Health Payment Platform Healthcare Providers and The Digital Health Payment Platform employees) and not to make independent recordings of consultations, capture images, or take screen shots or record voice or data or similar; all necessary details of your consultations may be stored for your benefit in your own health history (Health History); we may record your mobile calls with The Digital Health Payment Platform; any information you provide The Digital Health Payment Platform and its Healthcare Providers will be accurate and you will not omit anything of relevance or importance, which for the avoidance of doubt includes, current and past, medications and conditions; you will maintain and ensure that your Health History is current and correct at the time of any appointment or consultation and add any relevant advice, opinions, tests, prescriptions or imaging you have received from any source; you will comply with all instructions and advice given to you by Healthcare Providers for your care; you will comply with the manufacturers’ instructions and guidance as to the use of any medicine and the instructions of any Pharmacist during and following a consultation; you will promptly report any side effects of any prescription to an appropriate Healthcare Provider; you consent to The Digital Health Payment Platform processing your personal information including your Health Information and details of all your past medical consultations, collectively your Health History; you agree, The Digital Health Payment Platform may use Anonymized Data in the improvement of its Services. In this context, Anonymised Data refers to data from which you cannot be individually identified; if you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via The Digital Health Payment Platform Services, or regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered doctor or suitable healthcare provider and/or shall utilise the emergency services as necessary.
2.1. We require some information such as: name, email, contact numbers, address, date of birth, gender and location. We may also collect information on your medications and your personal Health History.
2.2. You consent to your Health History being updated by The Digital Health Payment Platform from time to time following your use of the App or medical consultations.
3. DISCLAIMER AND EXCLUSION OF LIABILITY OF THE DIGITAL HEALTH PAYMENT PLATFORM
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Digital Health Payment Platform DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, The Digital Health Payment Platform DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES The Digital Health Payment Platform MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY ADVICE IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. The Digital Health Payment Platform CANNOT AND WILL NOT ACCEPT ANY RESPONSIBILITY FOR THE LOSS OR MISUSE OF YOUR PASSWORD. The Digital Health Payment Platform CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
4. LIMITATION OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH The Digital Health Payment Platform OR ANY ADVICE PROVIDED THROUGH ITS SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING The Digital Health Payment Platform. UNDER NO CIRCUMSTANCES SHALL The Digital Health Payment Platform BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY ADVICE GIVEN BY ANY HEALTHCARE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY ADVICE, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF FOLLOWING ANY ADVICE OR THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL The Digital Health Payment Platform BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR MOBILE OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, The Digital Health Payment Platform ACCEPTS NO LIABILITY TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER FORESEEABLE OR OTHERWISE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING OUT OF OR ABOUT THE USE OF (OR INABILITY TO USE) APP OR THE USE OF OR RELIANCE UPON ANY ADVICE GIVEN THROUGH OR CONTENT INCLUDED ON THE DIGITAL HEALTH PAYMENT PLATFORM APP.
You will indemnify, defend and hold harmless the Digital Health Payment Platform from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a regulatory organization, including reasonable attorneys fees and all other costs, fees, and expenses (collectively, Claims) against The Digital Health Payment Platform to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of Content or use of The Digital Health Payment Platform; (2) your violation of the rights of another person or party; (3) any materials provided or made available by you; and (4) any breach or violation by you of your obligations under these Terms and Conditions.
6.1. The App is not suitable for any condition that requires face to face analysis, diagnosis or treatment, or for obtaining any Service urgently for a medical emergency or acute condition.
6.2. The Digital Health Payment Platform cannot guarantee continuity of care with the same Healthcare Provider.
6.3. The Digital Health Payment Platform makes no representation, warranty, or guarantee that The Digital Health Payment Platform Services or App will meet your requirements; be of satisfactory quality; be fit for a purpose; not infringe the rights of third parties; be compatible with all software and hardware; or that it will be secure.
6.4. The Digital Health Payment Platform makes reasonable efforts to ensure that the Content on the App is complete, accurate, and up-to-date. The Digital Health Payment Platform does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Subject to the below, The Digital Health Payment Platform grants you a limited license to access and make personal use of the App and not to modify any portion. This license does not include any resale or commercial use of the App; any derivative use of the App; or any use of data mining, robots, or similar data gathering and extraction tools.
7.2 The App and all Content, organization, graphics, design, compilation, translation, and other matters related to the App are protected under applicable copyrights, trademarks, and other proprietary rights pursuant to international conventions and Myanmar and other laws. The App and all Content is the property of The Digital Health Payment Platform and/or third party licensors, and all right, title and interest in and to the Site and Content will remain with The Digital Health Payment Platform or such third party licensors. You do not acquire ownership rights to the App or any Content other than any rights in the materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the App or any App Content. You may only use the App and the Content as expressly permitted herein, and any other use is prohibited. Any copying, reproduction, or redistribution of the App or App Content, including by caching, framing, or similar means, is expressly prohibited.
8. USER CONTENT
8.1. You agree that you will be solely responsible for your User Content. You agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with The Digital Health Payment Platform Acceptable Use Policy in Clause 11 below.
8.2. You agree that you will be liable to The Digital Health Payment Platform and will, to the fullest extent permissible by law, indemnify The Digital Health Payment Platform for any breach of the warranties given by you in these Terms and Conditions. You will be responsible for any loss or damage suffered by The Digital Health Payment Platform from any breach of these Terms and Conditions.
8.3. You retain ownership of your User Content and all intellectual property rights in your User Content. When you submit User Content you grant The Digital Health Payment Platform an unconditional, fully transferable, royalty-free, worldwide licence to use, store, archive your User Content for the purposes of operating and promoting the App and for providing you with and improving The Digital Health Payment Platform and The Digital Health Payment Platform Services including the use of that data in anonymized form. We will not share your Health History with a third party other than your Healthcare Provider or if we are required by law to share such information.
9. ADVERTISING AND SPONSORSHIP
The App may contain advertising and sponsorship, including advertising and sponsorship by The Digital Health Payment Platform. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the App complies with relevant laws and regulations. The Digital Health Payment Platform will not be responsible for any error or inaccuracy in advertising and sponsorship material.
10. VIRUSES, MALWARE AND INTERNET SECURITY
10.1. The Digital Health Payment Platform takes all reasonable steps to ensure that the App is secure and free from viruses and malware. The Digital Health Payment Platform does not, however, guarantee that the App is secure or free from viruses or other malware and accepts no liability in respect of the same.
10.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via the App.
10.3. You must not attempt to gain unauthorized access to any part of the App, the server on which The Digital Health Payment Platform is stored, or any other server, computer, or database connected to the App. You must not attack the App by means of a denial of service attack, a distributed denial of service attack, or by any other means. If you do so you may be committing a criminal offense. All breaches will be reported to the relevant law enforcement authorities and The Digital Health Payment Platform will cooperate fully with those authorities by disclosing your identity to them. Your right to use The Digital Health Payment Platform App will cease immediately in the event of such a breach of these Terms and Conditions.
11. ACCEPTABLE USE POLICY
11.1. You may only use the App in a manner that is lawful and that complies with the provisions of these Terms and Conditions.
11.2. You agree that The Digital Health Payment Platform may limit, restrict or remove your right to any or all, of its Services, without reason or notice, where in The Digital Health Payment Platform’s sole opinion your usage of the The Digital Health Payment Platform Services breaches The Digital Health Payment Platform’s current Acceptable Use Policy.
11.3. When submitting User Content (or communicating in any other way using The Digital Health Payment Platform App), you must not submit, communicate or otherwise do anything that is: sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, or political beliefs; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
11.4. You must not infringe the intellectual property rights of any other party.
11.5. The Digital Health Payment Platform reserve the right to suspend or terminate your access to the App without notice if, in the sole opinion of The Digital Health Payment Platform, you breach any of the provisions of these Terms and Conditions.
11.6. The Digital Health Payment Platform hereby excludes all liability arising out of any actions that The Digital Health Payment Platform may take in response to breaches of these Terms and Conditions.
12.1. The Digital Health Payment Platform make all reasonable efforts to ensure that all general descriptions of the Services correspond to the actual Services that will be provided to you, however please note that the exact nature may vary depending upon your individual requirements and circumstances.
12.2. The Digital Health Payment Platform neither represents nor warrants that all Services will be always available and cannot necessarily confirm availability until your Order is completed.
12.3. The Digital Health Payment Platform makes all reasonable efforts to ensure that all prices shown on the App are correct at the time of going online. The Digital Health Payment Platform reserves the right to change prices and to add, alter, or remove prices from time to time as necessary. All pricing information is reviewed and updated regularly.
12.4. All prices on the App include commercial tax where applicable. If the commercial tax rate changes between your order being placed and The Digital Health Payment Platform taking payment, the amount of commercial tax payable will be automatically adjusted to the current rate when taking payment.
13. MAKING A THE DIGITAL HEALTH PAYMENT ORDER
13.1. No part of The Digital Health Payment Platform App constitutes a contractual offer capable of acceptance. Your The Digital Health Payment Platform Order constitutes a contractual offer that The Digital Health Payment Platform may, at our sole discretion, accept.
13.2. The Digital Health Payment Platform may cancel your Order at any time before The Digital Health Payment Platform begin providing the Services in the following circumstances;
(a) The required personnel and/or required materials necessary for the provision of the Services are not available; or
(b) An event outside of our control (See Clause 14.8).
13.3. If The Digital Health Payment Platform cancel your Order and The Digital Health Payment Platform has taken payment any such sums will be refunded to you as soon as possible and in any event within sixty days. If The Digital Health Payment Platform cancel your Order, you will be informed as soon as practicable.
13.4. The Digital Health Payment Platform will make every reasonable effort to provide the Services in a timely manner. The Digital Health Payment Platform cannot be held responsible for any delays if an event outside of our control occurs (See Clause 14.8).
13.5. In certain circumstances, for example where The Digital Health Payment Platform encounter a technical problem, The Digital Health Payment Platform may need to suspend or otherwise interrupt the Services to resolve the issue.
14.1. The Digital Health Payment Platform will not be liable for any failure or delay in performing our obligations where that failure or delay results from any event that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, coup, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic, Covid-19 event or other natural disaster, or any other event that is beyond our reasonable control.
14.2. The Digital Health Payment Platform Limited may assign our rights and obligations under these Terms and Conditions to any party without your consent.
14.3. You may not assign your rights and obligations under these Terms and Conditions.
14.4. These Terms and Conditions do not create any rights or benefits to any other party other than the parties to these Terms and Conditions or to be enforceable pursuant to the Contracts (Rights of Third Parties) Act (Cap 53B) (3rd Party Contracts Act) but this does not affect any right or remedy of any third party which exists or is available apart from the 3rd Party Contracts Act.
14.5. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.6. No failure or delay by The Digital Health Payment Platform in exercising any of The Digital Health Payment Platform’s rights under these Terms and Conditions means that The Digital Health Payment Platform have waived that right, and no waiver by The Digital Health Payment Platform of a breach of any provision of these Terms and Conditions means that The Digital Health Payment Platform will waive any subsequent breach of the same or any other provision.
14.7. These Terms and Conditions shall be governed by Singapore law.
14.8 Force Majeure
The Digital Health Payment Platform shall be excused from providing Services hereunder while, and to the extent that, its performance is prevented by fire, drought, explosion, flood, invasion, rebellion, coup, earthquake, civil commotion, strike or labor disturbance, governmental or military authority, acts of God, mechanical failure, epidemic, pandemic, Covid-19 event or any other event or casualty beyond the reasonable control of the Digital Health Payment Platform, whether similar or dissimilar to those enumerated in this paragraph.
15. DEFINITIONS AND INTERPRETATION
Definitions and Interpretation In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
15.1 Account means an account required for a User to access and/or use certain areas of the App;
15.2 Advice means any communication, diagnosis, discharge, advice or other Services in any form provided or facilitated by The Digital Health Payment Platform or its Healthcare Providers through the App;
15.3 App means The Digital Health Payment Platform which is integrated into KBZPay;
15.4 Content means all files, documents, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored in an application or on a computer that appears on, or forms part of, our App;
15.5. Health History means your Account with The Digital Health Payment Platform holding your personal information, medical history and Consultation record;
15.6 Healthcare Providers means any healthcare professional providing The Digital Health Payment Platform Services through its Apps and Websites including hospitals, doctors and pharmacists licensed to practice in the Republic of the Union of Myanmar;
15.7 Order means your order for the Services;
15.8 Services means any Service to a User including Advice provided by or via The Digital Health Payment Platform to you as specified in your Orders;
15.9 User means any patient, customer, third party, or Healthcare Provider that accesses the App or orders Services from Healthcare Providers on the Digital Health Payment Platform and is not directly employed by The Digital Health Payment Platform; and
15.10 User Content means any content submitted to App by Users including, but not limited to name, date of birth, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers.