Terms of Privacy

 

PLEASE READ THE TERMS AS HEREAFTER SET FORTH (THIS "AGREEMENT") CAREFULLY BEFORE USING THE WEBSITE  http://doctoranywhere.com AND ANY OTHER RELATED WEBSITES (“WEBSITES”), AND THE DOCTOR ANYWHERE MOBILE APPLICATION TOGETHER WITH ITS VARIOUS FUNCTIONALITIES ("APPLICATION") (COLLECTIVELY, THE “PLATFORMS”). THE APPLICATION IS A SOFTWARE SOLUTION OFFERING CUSTOMERS ACCESS TO A NETWORK OF HEALTHCARE AND WELLNESS PROVIDERS AND  HEALTHCARE AND WELLNESS SERVICES ("SERVICES").

BY REGISTERING FOR AN ACCOUNT ON THE WEBSITE OR THE APPLICATION ON A MOBILE DEVICE ("DEVICE") AND USING THE PLATFORMS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL OTHER TERMS AND POLICIES THAT APPEAR ON THE PLATFORMS (INCLUDING ANY TERMS SET OUT IN OUR PRIVACY POLICY ON THE APPLICATION AND THE FAQS). 

This Agreement is made between DA HUB INC ("Doctor Anywhere", "us", "we" or "our" as the case may be) and you with respect to your use of the Platforms and any functionalities, services or features offered via or in connection with the Platforms, and references in this Agreement to the use of any of the Platforms extend to the use of such functionalities, services or features as well. The Services may be provided by Doctor Anywhere, our related companies, Healthcare Providers on Doctor Anywhere’s panel or partners (including suppliers or delivery service providers of products/medication). 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THE PLATFORMS, PLEASE DO NOT USE THE SAME.

 

IMPORTANT: DO NOT USE THE VIDEO CONSULTATION FUNCTIONALITY ON THE APPLICATION FOR A MEDICAL EMERGENCY. If you are experiencing a medical emergency, please consult a doctor in person or call the emergency medical services number immediately. 

 

1. YOUR ACCOUNT

1.1 You will need to have an account in order to access the Services via the Platforms. You may sign up for an account on the Platform. The registration process requires you to provide your personal information, including your name, ID/passport number, policy number, date of birth, address, telephone number, email address and/or such other information as may be required by us. 

 

1.2 You shall comply with all security procedures applicable to the Platforms which we may introduce from time to time. 

 

1.3 You shall, in your sole responsibility, maintain the confidentiality of your account information for the Platforms (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorised use thereof. You shall not at any time disclose such account information to any other party. 

1.4 If you believe that the security of your account information has been compromised, you shall notify us immediately.

 

1.5 By signing up for an account via the Platforms, you represent and warrant that: 

 

1.5.1 you are at least 18 years of age. If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s). By continuing to use the Platforms (thereby agreeing to this Agreement), your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Application; (ii) any charges associated with your use of any of the Application; and (iii) your compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Application immediately;

 

1.5.2 you have the full right, power, and legal authority to enter into this Agreement;

 

1.5.3 all information, data and particulars that you provide is complete, accurate, true and correct; and

 

1.5.4 you will use the Platforms for your personal use only and you will not authorise other persons to use your account nor transfer or assign it to any other person (with the exception of accounts established for children of whom you are the parent or legal guardian or geriatrics, as described below).

We shall be entitled, in the exercise of our sole discretion, to (i) refuse your registration if you fail to fulfil any one of the eligibility criteria above; (ii) suspend/terminate your account under the Application; and/or (iii) change the above eligibility criteria at any time.

1.6 If you are using the Services on behalf of a minor, you must be present during any video or physical consultation with the minor. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of product for the minor. You are assuming the obligations of this Agreement as they relate to the minor.

 

1.7 If you are using the Services on behalf of a geriatric with special needs, including but not limited to vision and hearing difficulties, you must be present during any video or physical consultation with the geriatric. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of product for the geriatric. You are assuming the obligations of this Agreement as they relate to the geriatric.

2. YOUR USE OF THE PLATFORMS

2.1 Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-sublicensable and non-exclusive licence to use the Website and/or Application on the Device for the purpose of obtaining the Services. All other rights not expressly granted to you are reserved by Doctor Anywhere. 

2.2 Access to some software components used in the Website and/or Application may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.

 

2.3 Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly or otherwise, authorise, allow or assist any third party to): 

 

2.3.1 modify or adapt the whole or any part of the Website and/or Application, or permit the Website and/or Application or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;

 

2.3.2 disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Website and/or Application or any components thereof;

 

2.3.3 communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Website and/or Application; 

 

2.3.4 use the Website and/or Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable laws, including infringement of our intellectual property rights or those of any third party in relation to the Application;

 

2.3.5 use the Website and/or Application in a way that could damage, disable, impair or compromise the Application (or the systems or security of the Website and/or Application or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of the Website and/or Application and/or Doctor Anywhere;

 

2.3.6 post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements;

 

2.3.7 use any automated process or service to access and/or use the Website and/or Application; and/or

 

2.3.8 provide, distribute or share, or enable the provision, distribution or sharing of, the Website and/or Application (or any data associated therewith) with any third party. 

3. YOUR USE OF THE PLATFORMS

(I) General

3.1 It shall be your sole responsibility, at your own cost:


3.1.1 to obtain all necessary hardware, software and communications services necessary for your use of the Application. Any network connectivity costs shall be born exclusively by you;


3.1.2 to take own steps to ensure the security of your Device; and


3.1.3 to make back-ups of data or other content posted via the Application, as these may be subsequently deleted by us or our service providers at any time without notice to you.


3.2 You agree that:

3.2.1 you are responsible for the correctness and accuracy of the information, particulars and statements, furnished by you to Doctor Anywhere;

 

3.2.2 you are responsible for entering in the correct registration details to link your health insurance or to enjoy any corporate benefits. No refunds will be provided if you proceed with a transaction without the appropriate registration;

 

3.2.3 you shall be personally liable for, and to pay, any fees or charges in accordance with any terms in effect at the time they are incurred;

 

3.2.4 the licences granted herein do not confer on you any rights to use any other intellectual property rights of Doctor Anywhere, our affiliates and/or licensors (as the case may be), including Doctor Anywhere, the Doctor Anywhere logos and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platforms, all of which are and remain the property of Doctor Anywhere, our affiliates and/or licensors (as the case may be);

 

3.2.5 you shall comply with all applicable laws; and

 

3.2.6 we shall have the right to at any time and from time to time:

 

3.2.6.1 automatically update the Application and its components on your Device, add or remove functionalities, features or services (collectively, "Application Functions");

3.2.6.2 vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate Application Functions and/or user rights; and/or

 

3.2.6.3 deny or restrict access to the Application or any Application Functions whether to any user or generally, or to block access from or to any resources at any time without ascribing any reasons whatsoever, and in any such event, you agree that no claims shall lie against us, our related companies, our agents or our service providers in connection therewith.


(II) Video Consultation/Telehealth Services


3.3 Doctor Anywhere may offer various healthcare/telehealth services on the Platforms including medical consultations, mental wellness consultations, and other health and wellness services (“Healthcare Services”).


3.4 If you are using the video consultation functionality, you acknowledge and agree that:

 

3.4.1 You may arrange and schedule video consultations with providers who deliver the Healthcare Services ("Healthcare Providers").

 

3.4.2 All requests for video consultation shall be subject to Healthcare Providers' acceptance in its sole discretion and each consultation accepted by a Healthcare Providers shall constitute a separate agreement between Healthcare Provider and you, to which neither Doctor Anywhere nor our affiliates are a party to.

3.4.3 The Healthcare Providers are independent professionals. Each Healthcare Provider is responsible for his/her Healthcare Services rendered to you and compliance with the requirements of his/her profession and licence;


3.4.4 Doctor Anywhere is merely a provider of the Platforms, and other supporting services, and does not provide or engage in Healthcare Services. Neither Doctor Anywhere nor any third parties who promote the Healthcare Services or provide you with a link to the Healthcare Services shall be liable for any professional advice you obtain from a Healthcare Provider via the Website or Application. Doctor Anywhere does not take on any duty of care to you;


3.4.5 You shall ensure that the internet connection to which your Device is connected is of sufficient quality and strength to host a video-call consultation, otherwise video and/or audio quality may suffer.


3.4.6 Once your request is accepted, the Application may provide your information to Healthcare Provider, including your name, identification number. You agree to provide proof of identity and such information as requested by Healthcare Provider from time to time and to verify your identity with Healthcare Provider at the start of the video consultation. You acknowledge that you may be denied Healthcare Services if you refuse to provide proof of identity or assume a false identity. Healthcare Provider reserves the right to decline to accept any request for video consultation through the Application in its absolute discretion.

 

3.4.7 Doctor Anywhere does not, and shall not be deemed to, direct or control the Healthcare Provider generally or in the Healthcare Provider's performance under this Agreement specifically, including in connection with the Healthcare Provider's
provision of Healthcare Services or the Healthcare Provider's acts or omissions.


3.4.8 Any opinions, advice or information expressed by the Healthcare Provider are those of the Healthcare Provider alone and they do not reflect the opinions of Doctor Anywhere;


3.4.9 You will produce your personal identification documents (which includes a valid photo identification), company identification and/or insurance card to the Healthcare Provider when requested to do so during any consultation;


3.4.10 You are responsible for the correctness and accuracy of the particulars and statements, including your symptoms and health history, furnished by you to the Healthcare Provider;


3.4.11 You shall comply with any advice by any Healthcare Provider to consult a doctor or other healthcare professional in person or seek emergency or other treatment;


3.4.12 You shall

(i) comply with any instructions given in relation to any prescription provided to you including, in particular, route, timing and dosages; (ii) promptly report any side effects of any prescription to a doctor;

(iii) check the labels of the medication prescribed to verify the medication matches the prescription before consuming the medication delivered;

(iv) protect anything prescribed to you and not permit any other person access to the prescribed medication; and

(v) not use any prescription after its expiry date.


3.4.13 Upon the completion of Healthcare Services, we will prepare a receipt and issue such receipt to you via email or in such other manner as determined by us on Healthcare Provider's behalf.


3.4.14 You shall not record in any media your interactions with Healthcare Providers through the Application;


3.4.15 Subject to Doctor Anywhere’s cancellation terms and fees as set out in Clause 6, you may not cancel a scheduled appointment. You may however reschedule a scheduled.

4. DELIVERY OF MEDICATION

 

4.1 Delivery charges, if any, shall be as set out in your receipt.


4.2 A surcharge will be imposed for delivery or home services to secured locations listed in the FAQs on the Website or the Application or any other locations as updated from time to time in the FAQs. Doctor Anywhere reserves the right not to deliver medication to certain remote/secured areas.


4.3 You acknowledge and agree that:

 

4.3.1 delivery of the medication is subject to availability of the medication;

 

4.3.2 the delivery of the medication by Doctor Anywhere is provided on a reasonable effort basis, within the delivery timeframe stated on the Application;

 

4.3.3 while stock information on the Application is updated regularly, it is possible that in some instances a medication may become unavailable between updates;

 

4.3.4 all delivery timeframes given are estimates only and delays can occur;

 

4.3.5 if the delivery of your medication is delayed, Doctor Anywhere will inform you accordingly via e-mail and the medication will be dispatched as soon as it becomes available to Doctor Anywhere. Doctor Anywhere (and any of its agents) shall not be liable for any delay in delivery of your medication howsoever caused.

4.4 Doctor Anywhere and its delivery service partners will make the best effort to contact you to complete the delivery of the Medication, or home-based services during the selected timeslots. If you are not present at the stated address at the time of delivery, additional charges may be imposed for the redelivery of order or additional trip for the home-based service. Prescribed medications will not be left at the designated address if you are not
present at the time of delivery.


4.5 If you fail to take delivery of the medication (otherwise than by reason of Doctor Anywhere's fault) then without prejudice to any other right or remedy available to Doctor Anywhere, Doctor Anywhere (nor any of its agents) shall not be liable for any failure to deliver your medication.

 

5. PAYMENT

5.1 You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable via credit card. You agree to ensure that any information or data you provide to us in connection with your payment details is accurate.


5.2 We may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities. You agree that you will provide such information and/or documentation promptly to us upon request. If you fail to do so promptly, we may, without any liability to you, either limit your use of, or suspend your account.


5.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.


5.4 By providing Doctor Anywhere with your credit card number and associated payment information, you agree that Doctor Anywhere is authorized to immediately invoice your account for all fees and charges due and payable to Doctor Anywhere hereunder and that no additional notice or consent is required.


5.5 If your health plan, insurer, employer or agency has arranged with Doctor Anywhere to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Doctor Anywhere, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan, insurer or agency to determine if any fees or charges will be reimbursed.


5.6 If your health insurance coverage or employee benefits does not include or is not sufficient to satisfy the charges for the Services in full, you may be fully or partially responsible for payment.


5.7 In connection with your use of the Application, you shall bear the following fees and charges (collectively, the “Fees”):


5.7.1 in respect of video consultation, a consultation fee for each completed Healthcare Service requested by you through the Application calculated based on the rates as prescribed by Doctor Anywhere on the Application from time to time, and any medication purchased at the price as stated on the Application;


5.7.2 delivery fees (if any).


5.8 For the avoidance of doubt, Doctor Anywhere’s determination of the Fees shall be final, conclusive and binding on you.

 

5.9 All Fees shall be paid in advance, are non-refundable save as permitted under applicable refund policies as may be notified to you, and you further agree to bear all taxes and other duties payable thereon.


5.10 We may use payment processing agents to process your payment of any Fees. When you provide us with your credit card details, you authorise us and/or our payment processing agents to charge your credit card account automatically upon the expiry of each payment period as applicable in relation to the Fees. If we cannot charge your card successfully, we have the right to immediately terminate the transaction and/or access to your account.


5.11 In the case of debit or credit cards as funding sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.


5.12 Unless otherwise stated, Doctor Anywhere shall not be liable for any fees raised by third parties including card issuers or banks.


5.13 You shall be responsible to resolve any disputes with your debit or credit card company on your own.


5.14 If you have any promotional codes, you are responsible for keying in the correct promotional code into the Application at the time of payment. Doctor Anywhere shall not be liable for any failure to key in the promotional code or for your keying in of an incorrect promotional code. No refunds or cancellation of the transaction will be entertained in such circumstances.

6. CANCELLATIONS AND REFUNDS

6.1 Unless as otherwise determined by Doctor Anywhere in its sole discretion, no refunds will be given for any consultation (which is either completed or terminated by you), purchased medication, missed appointments or any other orders by you, once payment has been made by you via our Application.
 

6.2 In respect of the Video Consultation function, you may reschedule an appointment to another suitable time by contacting our customer support team at askus.php@doctoranywhere.com in advance of the scheduled appointment.


6.3 In the event you are entitled to any refund for any reason in respect of any products or services on the Doctor Anywhere Platforms, you agree that Doctor Anywhere will issue you with a refund to the same credit card that was used in making payment. We may require you to provide additional information prior to processing any refund and you agree to cooperate with us.

7. PRIVACY

7.1 In using the Application, Doctor Anywhere will need to collect your personal data in order to provide you with our Services. In providing us with your personal data , you consent to our collection, use, processing, and disclosure of your personal data in accordance with our Privacy Policy on the Application.


7.2 Doctor Anywhere is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of your health information. In addition, the information you provide to your Healthcare Provider during a video consultation is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Doctor Anywhere and an external provider that is compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA).

8. DISCLAIMER OF WARRANTIES AND LIABILITY

8.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:


8.1.1 we do not warrant or make any representations that the Website and/or Application is the appropriate channel of consultation for your particular healthcare problem, or meets your specific requirements. Doctor Anywhere disclaims any liability for, any use of the Website and/or Application for the provision of any emergency services or where diagnosis or treatment-in-person is required. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions including without limitation: (i) urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; (iv) any condition deemed during a video consultation via the Application to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities;


8.1.2 you may be issued with a prescription for medicine by a Healthcare Provider and may be prompted to use delivery services for delivery or fulfilment of prescription medicines. You are under no obligation to purchase any prescribed medication. Healthcare Provider will use its best endeavours, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. Doctor Anywhere shall not be responsible for (i) ensuring that you receive the medicine you are prescribed or that the medicine you
receive is the same as that prescribed by Healthcare Provider; and (ii) any instructions in relation to the medication provided by the Healthcare Provider or anyone else associated with the provision of medication you have been prescribed;


8.1.3 we are not responsible for any of the information made available or accessed on or through the Website and/or Application or any decisions made by you based on any information made available or accessed on or through the Website and/or Application;


8.1.4 we do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website and/or Application and that any arrangement entered into between you and any Healthcare Provider or any third party named or linked to or from the Website and/or Application is at your sole risk and responsibility. The inclusion of Healthcare Providers on the Website and/or Application does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials,  qualifications, or abilities of any professional contained therein;


8.1.5 the Website and/or Application (together with any Services, or other content, material or information available on the Website and/or Application) are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. Your use of the Website and/or Application is at your own risk;


8.1.6 the Website and/or Application may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Website and/or Application may be made public on the Website and/or Application, and read or intercepted by others;


8.1.7 Doctor Anywhere does not warrant and hereby disclaims any representation, warranty or term with respect to the Website, Application and/or the Application Functions, whether express, implied or statutory, including but not limited to:


(i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website, Application and/or the Application Functions;

 

(ii) the Website, Application and/or the Application Functions being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Website, Application and/or the Application Functions and any related computer system is and will be free of all viruses and/or other harmful
elements;


(iii) the Website, Application and/or the Application Functions and any related computer system is and will be free from any unauthorised access,
intervention, hacking, sabotage, fraud or infiltration by third parties;

 

(iv) the Website, Application and/or the Application Functions being compatible or working with any third party software, applications or third party services;  and

8.2 Doctor Anywhere is not liable for:


8.2.1 the potential and inherent risks associated with remote medical consultation and prescription through a Device, including without limitation: (i) the information transmitted by you or Healthcare Provider may not be sufficient or accurate (e.g. poor lighting or sound) to allow for appropriate healthcare decision making, thus necessitating consultation with a doctor in person; (ii) reliance on self- measurement and reporting of symptoms, including body temperature, blood pressure and weight, may result in inaccurate evaluation and diagnosis; (iii) a lack of access to all your health records; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment;


8.2.2 for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or the Platforms or Services and/or performing any transactions and/or purchase and/or arrangement of delivery of Product and/or obtaining and/or making any payment of any monies belonging to you;


8.2.3 any loss, damage, liability, injury or death which may arise in connection to Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from Doctor Anywhere’s liability;


8.2.4 for the actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; and


8.2.5 any suspension, discontinuation, upgrade or modification to the Application or Application Functions which we may carry out from time to time without giving any reason or prior notice to you which affects your use of the Services, Application and/or the Application Functions. The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from Doctor Anywhere’s negligence.

9. INDEMNITY

9 .1  You agree to fully indemnify and hold harmless Doctor Anywhere, our affiliates, related companies, members, officers, employees, agents, partners and service providers (collectively, the "Indemnitees") from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Application; (b) your breach of this Agreement and any terms relating to your use of the Application; (c) your access or use of the Application; (d) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (e) your breach of any rights of any other person.

 

10. LIMITATION OF LIABILITY


10.1 To the maximum extent allowed under applicable law:


10.1.1 the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Website and/or Application, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any content or any other information made available or accessed on or through the Application or contained in or available from the Application or your use or reliance on any products or services available on or accessed via the Website and/or Application and/or the Application Functions or any infringement of any
rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and


10.1.2 in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application or any third party software or applications in conjunction with the Application, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages;

 

10.2 In the event that Doctor Anywhere is held liable, Doctor Anywhere shall only be responsible for direct losses or damages which may be reasonably expected to result from the circumstances and provided such losses and damages were caused by Doctor Anywhere’s gross negligence or wilful default.

11. TERMINATION


11.1 We have the right to terminate or suspend your account in our sole and absolute discretion without prior notice to you, for any reason at any time. Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you.

 

11.2 You may deactivate/terminate your Account at any time, for any reason by sending an email to askus.php@doctoranywhere.com.


11.3 After such termination, Doctor Anywhere:

 

11.3.1 will have no further obligation to provide the Services to you, except to the extent we are obligated under the applicable law to provide you access to your health records; and

 

11.3.2 subject to applicable law and the Privacy Policy, reserves the right to retain, delete or destroy all communications and materials posted or uploaded to the Application pursuant to its internal record retention and/or content destruction policies.

11.4 Upon termination, you will cease to use the Platforms immediately.

 

11.5 To the extent permitted by applicable law, the disclaimers, indemnities, limitations of liability, termination and your representations and warranties shall survive any termination of this Agreement.

12. FORCE MAJEURE

Neither Doctor Anywhere nor any providers of Services under this Agreement shall be liable for delay in performing obligations or for failure to perform obligations under this Agreement if the delay or failure resulted from events, causes and circumstances beyond its reasonable control, including but not limited to, acts of God, governmental acts (including directives issued by regulators and amendments to legislation), shut down or failure of telecommunications facilities or networks, failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, epidemics, flood, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials.

13. GENERAL

13.1 This Agreement, and the documents in it, constitutes the entire agreement and understanding between you and Doctor Anywhere relating to the Application and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of Doctor Anywhere which is not set out in this Agreement. Nothing in this Clause 13.1 shall however operate to limit or exclude liability for fraud.


13.2 We may from time to time update these terms of this Agreement by posting amendments at the Website or on the Application. By your continuing use of the Website and/or Application after any such amendment, you agree to be bound by this Agreement as so amended.

 

13.3 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.


13.4 No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.


13.5 We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.


13.6 Doctor Anywhere may give notice by means of a general notice on the Application, or by electronic mail to your email address, by SMS to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in Doctor Anywhere’s records. You may only give notice to us in writing sent to our designated address or e-mail address.


13.6.1 Notices shall be deemed to have been duly given and received upon the expiration of 48 hours after mailing or posting (if sent by registered mail), 2 hours after sending (if sent by email), provided that no automated message is received stating that the email has not been delivered, or immediately (if sent by SMS). Notices on the Application shall be deemed to have been received by you whether or not you actually access the notice. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

13.6.2 This clause does not apply to notices issued in respect of legal proceedings.


13.7 The provisions of the Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of the Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the Parties' intentions.


13.8 We reserve the right to delegate or sub-contract the performance of any of our Application Functions or Services or other obligations to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.


13.9 You may not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under these this Agreement to any affiliate or third party at our sole discretion.


13.10 Save for the related companies of Doctor Anywhere, and as expressly provided in this Agreement including without limitation as referred to in Clause 9, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore). Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.

 

13.11 In the event that this Agreement is executed or translated in any language other than English, to the extent allowed under law, the English language version of this Agreement shall govern and shall take precedence over the foreign language version.

14. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other).  In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction.

PRIVACY AND DATA PROTECTION POLICY (“PRIVACY POLICY”)

 

This Privacy Policy sets out the basis on which DA Hub Inc and our related companies (“DA”, “we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers when you use our website at http://doctoranywhere.com (“Website”) and/or the Doctor Anywhere mobile application (“Application”) (collectively, “Platforms”) in accordance with the Republic Act No. 10173 otherwise known as the Philippine Data Privacy Act of 2012 (“DPA”). This Privacy Policy applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

 

If you do not agree to this Privacy Policy and our Terms and Conditions, please do not use any of the Platforms.

PERSONAL DATA 

 

1. As used in this Privacy Policy:

 

customer” means an individual who (a) has contacted us through any means  (such as through any of the Platforms) in relation to the goods or services available on the Platforms, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and

 

personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.

 

2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include:

(a)     Your name, identification numbers such as identification number, Passport Number,  residential address, email address, telephone number, nationality, gender and date of birth;

(b)     Personally-identifiable medical and health-related information which you provide to us (including information or records relating to your medical or health history, medical claims, health status, laboratory testing results, diagnostic images);

(c)     Personally-identifiable medical and health information about you prepared by healthcare professionals/treatment providers who provide medical or healthcare services and products to you via the Platforms (including medical records, treatment and examination notes);

(d)     Billing information that you provide us (e.g. credit card or online payment system account information);

(e)     Information about the computer or mobile device you are using;

(f)      Geographical location or address; or

(g)     Other information which you may input into the Platforms or related services.

 

3.              Other terms used in this Privacy Policy shall have the meanings given to them in the DPA (where the context so permits).

COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA


4. We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “Authorised Representative”, which could include your employer or your insurer if they process your claims for medical care) for the purposes set out in this Privacy Policy, or (b) collection and use of personal data without consent is permitted or required by the DPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).


5. We may collect and use your personal data for any or all of the following purposes:

 

(a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you (including the provision of any medical or healthcare services, the delivery of products purchased by you);

 

(b) verifying your identity;

 

(c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;


(d) managing your relationship with us;

 

 

(e) processing or facilitating the processing of your claims;

 

(f) processing payment or credit transactions;

(g) improving the quality of medical or healthcare services through the performance of quality reviews and similar activities;


(h) creating de-identified information which is information which is not used or intended to be used to personally identify an individual (e.g. aggregate statistics relating to the use of the services on the Platforms);


(i) notifying you when Platform updates are available;


(j) marketing and promoting the Platforms, and the services and products offered on the Platforms to you;


(k) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;


(l) converting the personal data to anonymised data for the purposes of analytics and market research;


(m) any other purposes for which you have provided the information;


(n) transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Philippines or abroad, for the aforementioned purposes; and

 

(o) any other incidental business purposes related to or in connection with the above.


6. As you use the Platforms, services, or purchase or arrange for the delivery of products, certain information may be passively collected:


(a) Site Activity Information: We may keep track of some of the actions you take on the Platforms, such as the content of searches you perform on the Platforms;

(b) Access Device and Browser Information: When you access the Website from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times;


(c) Cookies (i.e. small pieces of information that a site sends to your browser while you are viewing a website): We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Platforms and services easier to use, to make our advertising better, and to protect both you and DA. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Platforms. We presently do not honour “Do Not Track” requests across all parts of our Platforms.


(d) Real-Time Location: Certain features of the Platforms use GPS technology to collect real-time information about the location of your device so that the Platforms can connect you to a healthcare professional/treatment provider near your location.

(e) Device information: We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).


(f) Web Analytics: We may use Google Analytics to help analyse how users use the Website. Google Analytics uses Cookies to collect information such as how often users visit the Website, what pages they visit, and what other sites they used prior to coming to the Website. We use the information we get from Google Analytics only to improve our Website and services. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Website, the Cookie cannot be used by anyone but Google. Google’s ability to
use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

7. We may disclose your personal data where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you:


(a) To our subsidiaries, related companies, affiliates, or partners;


(b) To the relevant parties who may process your claims for your medical care. For the avoidance of doubt, we will not disclose any confidential medical diagnoses to such parties unless your consent is provided to us separately in writing;


(c) To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them (including logistics service providers, data service providers);


(d) As required by law, which can include providing information as required by a court order;


(e) When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request;


(f) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of DA’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data maintained on the Platforms is among the assets transferred;


(g) To any other person or organisation disclosed by us when you provide the information.

8. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to your employment contract should you be hired) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).


9. This Privacy Policy applies only to information we collect through the Platforms and in email, text and other electronic communications set through or in connection with the Platforms. This policy does not apply to information collected by any third party. When you click on links on the Platform, you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

WITHDRAWING YOUR CONSENT AND RIGHT TO ERASURE

 

10. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You have the right to suspend, withdraw or request the blocking, removal or destruction of your personal data under the circumstances provided in the DPA.

 

11. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above, or exercise your right to erasure by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below. If you are exercising your right to erasure, documents to support your request must be submitted to our Data Protection Officer.

 

12. Upon receipt of your written request, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.

 

13. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 11 above.

 

14. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

ACCESS TO AND CORRECTION OF PERSONAL DATA

15. If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below. Such request shall include the details of the requestor, description of the personal data being requested and the date and time range the personal data was believed to be collected.

PROTECTION OF PERSONAL DATA

 

18. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.

 

19. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

ACCURACY OF PERSONAL DATA

 

20. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

RETENTION OF PERSONAL DATA

 

21. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

 

22. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.​

 

STORAGE OF PERSONAL DATA IN SINGAPORE

 

23. Your information is stored in a secured cloud server in Singapore.

DATA PROTECTION OFFICER

24. You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

 

Data Protection Officer

Contact No.      : +65 9067 8619

Email Address  : izzat@doctoranywhere.com

EFFECT OF PRIVACY POLICY AND

CHANGES TO PRIVACY POLICY

25.  This Privacy Policy applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

 

26. We may revise this Privacy Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Privacy Policy was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

 

Effective date   :           21 September 2020

Last updated     :           21 September 2020