TERMS AND CONDITIONS OF USE AND DISCLAIMER
LAST UPDATED: 06/04/2021
By signing-up as our partner clinics/hospitals with our TOVPET Application (“TOVPET”), you agree that you have read and understood the following terms and conditions of use ("Terms") and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE ALERT OUR ADMIN, REFRAIN FROM ANY FURTHER USE OR ACCESS TO TOVPET, AND DELETE THE TOVPET FROM YOUR DEVICE IF ANY. These Terms are between you and PILLTECH SOLUTIONS CO., LTD. (collectively “PILLTECH SOLUTIONS”, “we”, “us” and “our”).
PILLTECH SOLUTIONS may modify these Terms at any time by posting the revised Terms on the applicable distribution service Platform (e.g., Google Play and Apple Appstore). You can determine when these Terms were last revised by referring to the "LAST UPDATED" date at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the TOVPET after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the above, any changes to these Terms will not apply to any dispute arising prior to the date of the revised Terms.
DISCLAIMERS
TOVPET IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF TOVPET AND RELIANCE ON ANY CONTENT CONTAINED IN TOVPET ARE VOLUNTARY AND ARE AT YOUR SOLE RISK.
PILLTECH SOLUTIONS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. PILLTECH SOLUTIONS DOES NOT MAKE ANY GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY, OR USEFULNESS OF ANY PORTION OF TOVPET, INCLUDING THE CONTENT CONTAINED IN TOVPET, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY SERVICE PROVIDERS.
YOU ACCEPT AND RECOGNIZE THAT TOVPET IS NOT DESIGNED TO MEET YOUR NEEDS OR YOUR REQUIREMENTS AS A HEALTH CARE PROFESSIONAL, THEREFORE, IT IS YOUR RESPONSIBILITY TO ACCOMMODATE THE FUNCTIONALITIES OF TOVPET IN ORDER TO MEET YOUR NEEDS OR YOUR REQUIREMENTS. ANY ADVICE, RECOMMENDATIONS AND SUGGESTIONS YOU PROVIDE TO TOVPET USER/S SHALL BE YOUR SOLE RESPONSIBILITY AND YOU ALONE SHALL BE LIABLE FOR ANY DAMAGES RELATED TO OR OTHERWISE ARISING THEREFROM. FOR CLARITY, TOVPET ONLY ENABLES YOU TO CONNECT WITH USER/S. MOREOVER, PILLTECH SOLUTIONS DOES NOT WARRANT OR REPRESENT THAT USING THE TOVPET SHALL BE SUFFICIENT TO FULFILL ANY LEGAL OR REGULATORY STANDARD REQUIRED TO ESTABLISH A DOCTOR-PATIENT RELATIONSHIP.
BEFORE YOU PROCEED, YOU AGREE THAT YOUR ACCESS TO AND USE OF TOVPET ARE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF TOVPET.
DEFINITION
The following capitalized terms will have the following meanings whenever used in relation to this Application.
“Anonymized Data” refers to your Data that are rendered anonymous in such a way that you, as the owner of the data, or any individual, as the owner of the data, is not or no longer identifiable by PILLTECH SOLUTIONS or any other person.
“Partner Doctors” refers to part time doctor selected by TOVPET to provide FREE consultation services to the Users.
“Consultation Fee” means the professional fee charged by a Health Care Professional to a User for medical consultation or provision for medical services.
“Data” refers to any data which you input or upload in TOVPET, this includes but is not limited to audio, video, images, in electronic form or any other information including Personal Information that you input into TOVPET.
“Health Care Professional” is a term interchangeably used with Doctors, Physician, Dentist, who passed the relevant licensure examination required by law for the practice of the profession and is considered as a member of the profession in good standing as certified by the Medical Council of Cambodia (“MCC”) and who has registered with TOVPET in order to provide medical service to Users through TOVPET.
"Intellectual Property Rights" shall mean: (a) patents, trademarks, service marks, registered designs, applications for any of those rights, trade and business names (including internet domain names and e-mail address names), unregistered trademarks and service marks, copyrights, moral rights, database rights, codes, know-how, rights in designs and inventions; (b) rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph (a); and; (c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b).
“Minor” refers to children below the age of eighteen (18) years.
“Personal Information” shall mean any information whether recorded in a material form or not, from which your identity or the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
“User” shall mean the user of TOVPET. This includes any of the following: i) the User’s spouse; ii) the User’s direct ascendants or descendants; and iii) minor children of the User or any minor; registered by the User whom the User exercises parental authority or legal guardianship;
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you are a Health Care Professional in Good Standing as certified to by the MCC and there are no pending civil, criminal, or administrative case against you.
You also represent and warrant that you shall comply with all applicable laws, regulations and issuances, orders and directives of competent governmental authorities, including all applicable requirements, governing or relating to the practice of your profession, your provision of medical services to the Users and the privacy. protection and confidentiality of Personal Information and other data provided by or pertaining to the Users.
LIABILITY
You agree to fully indemnify and keep PILLTECH SOLUTIONS and its officers, directors, employees, and agents harmless from and against any and all claims, actions, proceedings, damages, expenses, costs, and liabilities incurred by or attaching to PILLTECH SOLUTIONS in relation to or arising out of (i) your access to or use of TOVPET, or performance of your duties and responsibilities as a Health Care Professional through your use of TOVPET, or (ii) your access and use of the Third Party information made accessible to you within TOVPET, or (ii) your issuance to Users of electronic prescriptions and referrals using TOVPET, or (iv) violation of the rights of any Third Party, or (v) your breach of any obligations or warranties in these Terms, or (vi) your violation of any applicable law, regulation or ethical or professional standard.
You hereby acknowledge that TOVPET may provide you with the facility to issue and generate electronic prescriptions and referrals.
You understand that PILLTECH SOLUTIONS does not make any warranty or representation with respect to any electronic prescriptions and referrals that you may issue or generate through TOVPET, including any warranty that such electronic prescriptions and referrals shall be recognized by the relevant competent authority or by any person or entity to whom they are or may be presented or submitted.
YOU AGREE THAT PILLTECH SOLUTIONS, ITS AFFILIATES, SUB-CONTRACTORS, LICENSORS, AND PARTNERS, SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU AND/OR TO THE USER/S IN RELATION TO ANY MEDICAL OR OTHER RELATED SERVICES YOU PROVIDED TO THE USER/S THROUGH THE USE OF TOVPET OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. NOTWITHSTANDING THE FOREGOING, YOU WARRANT AND REPRESENT THAT, AT ALL TIMES AND IN ALL INSTANCES, YOU SHALL CONDUCT YOURSELF IN ACCORDANCE WITH THE HIGHEST STANDARDS OF PROFESSIONALISM.
YOU AGREE THAT PILLTECH SOLUTIONS, ITS AFFILIATES, SUB-CONTRACTORS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, HOWSOEVER ARISING, INCLUDING DAMAGES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH (i) ANY ACCESS, USE OR INABILITY TO ACCESS OR USE THE TOVPET; (ii) ANY SYSTEM, SERVER OR CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT PROGRAM OR MACROS; (iii) ANY USE OF OR ACCESS TO ANY OTHER WEBSITE OR WEBPAGE ACCESSIBLE THROUGH TOVPET; OR (iv) ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL OBTAINED OR DOWNLOADED FROM THE TOVPET OR FROM ANY OTHER PARTY REFERRED BY THE TOVPET; OR (v) ANY RELATIONSHIP OR TRANSACTION ENTERED INTO BETWEEN YOU AND ANY USER/S, EVEN IF PILLTECH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PILLTECH SOLUTIONS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE TOVPET EXCEED THE FEES AND CHARGES RECEIVED BY PILLTECH SOLUTIONS FROM YOU.
Any logo, trade name, mark, copyrightable or copyrighted work or content appearing on TOVPET is the Intellectual Property Right of PILLTECH SOLUTIONS and/or its licensors. You understand and acknowledge that you do not acquire any ownership or any proprietary rights over such Intellectual Property Rights of PILLTECH SOLUTIONS and/or its licensors.
Except for your own Data, you may not use any of PILLTECH SOLUTIONS's content outside of TOVPET without the prior written permission of PILLTECH SOLUTIONS. You may not create any derivative works based on TOVPET. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by PILLTECH SOLUTIONS or its licensors, except for the licenses and rights expressly granted in these Terms.
By uploading your Data in TOVPET, you hereby grant PILLTECH SOLUTIONS, non-exclusive, royalty-free license and right, with no obligation to you whatsoever, to sublicense, copy, distribute, display in public (through all known media now or hereby created) and make derivative works from your Data, combine them with other materials, anonymize, alter or edit them in any manner in our sole discretion and use them for data analytics, promotional e-mails, marketing, advertisement, and other initiatives in accordance with these Terms and the Privacy Policy, and for the purpose of archiving or preserving your Data in case of investigation, disputes or legal proceedings. The license granted to PILLTECH SOLUTIONS described in these Terms shall continue until your Data has been anonymized as explained in these Terms or until you delete your Data from TOVPET.
Notwithstanding the foregoing, the license granted for purposes of archiving or preserving your Data in case of investigation, disputes, or legal proceedings shall remain indefinitely to the extent allowed by applicable laws.
COMPLIANCE WITH LAWS
You warrant that you shall strictly comply with all applicable laws, codes, and regulations necessary for your qualification and practice as a Health Care Professional. Specifically, you warrant and represent that you are responsible for all standard and regulatory compliance including but not limited to relevant medical license necessary for the practice of your profession, specialization, and continuing education its validity, and renewals and other mandatory and standard compliances.
In the event of the expiry of your professional license, you shall immediately notify us and provide us with a copy of proof showing your renewed license and/or certification within three (3) days from the issuance of the renewed license and/or certification. Immediately upon demand, you shall be able to present latest documents in addition to your renewed license including but not limited to MCC Certificate of Good Standing from MCC.
Should you fail to do so, you shall be automatically removed from the list of qualified Health Care Professionals, and you shall no longer be entitled to provide service or use TOVPET.
Notwithstanding the foregoing, PILLTECH SOLUTIONS reserves the right to disqualify you from using TOVPET and remove your name from the list of qualified Health Care Professionals on the ground of expiry of your professional license. In the event of suspension or revocation of your professional license by the appropriate authority, you must notify us within three (3) days from the finality of the decision of said suspension or revocation. In this case, you shall automatically be removed from the list of qualified Health Care Professionals and you shall no longer be entitled to use TOVPET.
SHARING DATA WITH THIRD PARTIES
TOVPET provides the ability for you to share your information with third parties. You understand and acknowledge that any such third parties are independent parties and are not in any way affiliated with any member of the PILLTECH SOLUTIONS group of companies. If you decide to provide your Data to these third parties, you confirm that you understand the risk and you assume sole responsibility for the same.
USE OF DATA SHARED BY THIRD PARTIES
TOVPET provides the ability for User(s) to share his or her Data with you. You understand and acknowledge that you are solely responsible for your collection and processing of any such information and notifying and obtaining the relevant consent from such user. You hereby represent and warrant that you have your own data privacy policy, and you will inform the Users of the said data privacy policy prior to your connection and processing of their Personal Information. You also warrant and covenant that you will comply with all applicable laws and regulations in your collection, Processing and use of Personal Information of Users
ANONYMIZED DATA
Subject to limitations provided by law, PILLTECH SOLUTIONS may anonymize your Data and use, analyze, reproduce, or otherwise exploit your Anonymized Data in its sole discretion. Moreover, PILLTECH SOLUTIONS may share your Anonymized Data with its Affiliates, subcontractors, service providers, and other third parties to use for data analytics to improve and enhance TOVPET for better usage, to generate relevant data about the interests and characteristics of TOVPET Users, promotional and marketing and other similar purposes.
CONFIDENTIALITY
All information provided by the Users are highly confidential in nature and you shall treat them as such and must never disclose said information to a Third Party without the written consent of the concerned Users. You shall only use said information for the purpose of fulfilling the services that the Users requested from you. You hereby warrant and covenant that you shall not use the said information for any other purpose.
DATA PRIVACY AND SECURITY
We implement physical, administrative, and technical measures to secure your Personal Information. However, while we strive to keep your Personal Information safe, the security protection that we provide is not absolute. You acknowledge that security vulnerabilities exist in TOVPET. You likewise recognize and acknowledge that TOVPET can only be accessed on an “on-line” basis (which includes, without limitation, by means of the Internet) and as such, we shall not be held responsible for your inability to receive or access TOVPET or for any other problems you encounter with the Internet. Moreover, you understand that PILLTECH SOLUTIONS does not guarantee that TOVPET shall be immune from unauthorized access, malfunctions, or any form of abuse and that by accessing TOVPET, you assume sole responsibility for such risks.
You are responsible for taking your own steps towards maintaining the confidentiality of any password or username assigned to you to access TOVPET. You are also responsible for all interaction with TOVPET that occurs with that password or username. You agree to immediately notify PILLTECH SOLUTIONS of any unauthorized use of your password or username and any breach of security relating to your account. PILLTECH SOLUTIONS will not be liable for any loss or damages resulting from the above.
Further information about privacy and security shall be found in our Data Privacy Policy.
FEES AND CHARGES
PARTNER DOCTORS ONLY—If you are onboard as our “Partner Doctors”, you agree to provide free consultation services to our Users according to the time slot agreed. However, other fees such as prescription or additional consultations done outside of TOVPET, you are allowed to charge Consultation Fee in the amount specified by you for the services that said User requested from you as a Health Care Professional. In return for your free consultation services on TOVPET, you may get reimbursed as agreed for your service according to ANNEX 1 below.
NON-PARTNER DOCTORS ONLY—You are aware that every time a User uses TOVPET to have an appointment with you, the User will be charged a Consultation Fee in the amount specified by you for the consultation services seen in ANNEX 2 below.
PILLTECH SOLUTIONS shall receive the payment from the User and shall transfer or remit agreed amount minus agreed commission and VAT from TOVPET in accordance with your instruction and the bank account details that you provided to us. TOVPET shall settle the payment to our Non-Partner Doctors bi-monthly or as agreed.
This payment shall conform to Consultation Fees you provided in TOVPET and shall be inclusive of all applicable taxes required by law. You are aware that the Consultation Fee you receive from the Users are exclusive of other fees that we may charge them for their appointment with you through the use of TOVPET. PILLTECH SOLUTIONS shall transfer or remit the Consultation Fees to you net of the other fees mentioned above.
If PILLTECH SOLUTIONS is required by law to make any deduction or withholding for Taxes from the Consultation Fees and other fees mentioned above, then PILLTECH SOLUTIONS shall duly deduct or withhold such Taxes and shall pay to you the remaining net amount after the Taxes have been withheld. PILLTECH SOLUTIONS shall not be obligated to reimburse you for the amount of such Taxes deducted or withheld. PILLTECH SOLUTIONS will provide you with official receipts, certificates or returns in relation to PILLTECH SOLUTIONS's payment of such deducted or withheld Taxes upon your request.
The Consultation Fees paid by the Users to you are non-refundable unless otherwise expressly provided herein or required by applicable law. Whenever modification or reversal of charges including Consultation Fees, are applicable, we will respond to the Users' queries and coordinate with you accordingly.
You hereby confirm and acknowledge that PILLTECH SOLUTIONS has no control on the amount of Consultation Fees that you may charge. PILLTECH SOLUTIONS shall be entitled to rely on the amount of Consultation Fees that you indicate in TOVPET and charge to the Users and your hereby agree to hold PILLTECH SOLUTIONS free and harmless from any cost, expense or liability that it may incur on account of such reliance.
PROHIBITION AND PROHIBITED CONTENT
You should not use TOVPET in any manner, that in PILLTECH SOLUTIONS's discretion, attempts, involves, promotes, or encourages the following:
1. Infringement, violation, or risking infringement or violation of PILLTECH SOLUTIONS's Intellectual Property Rights or that of any Third Party and/or User/s;
2. Depiction of animal cruelty
3. Exploitation of Minors;
4. Depiction of any material which is pornographic, immoral, unlawful, abusive, libelous, obscene, violent, defamatory, or violative of any law, statute or regulation;
5. Transmission of harmful or malicious computer programs and/or distribution of any virus, malware, trojan, horse, worm, or any other content that is of a destructive or potentially destructive and invasive nature; and
6. Other analogous acts.
Notwithstanding any provision herein to the contrary, you hereby agree and covenant that you shall not use TOVPET to prescribe dangerous or regulated drugs by the Department of Drug and Food (DDF), or to issue or generate any electronic prescription covering such drugs, whether or not you have valid license. You hereby further agree to hold PILLTECH SOLUTIONS free and harmless from any cost, expense or liability that it may incur on account of your violation or non-compliance with the foregoing.
UPLOADING IMAGES, AUDIO, AND/OR VIDEOS OR ANY DATA
You warrant that you are the owner of the Data and as the owner, you own the unconditional and exclusive rights to upload, display, copy, use, produce, and distribute the Data or if You are not the owner, you warrant that the owner has expressly authorized you and has given you all the rights necessary to submit the Data to the TOVPET.
You warrant that the Data you upload is true, accurate, and completeness to the best of your knowledge and you agree that PILLTECH SOLUTIONS has no responsibility or liability for the truth, accuracy, and completeness of said Data.
SUSPENSION OR TERMINATION OF ACCOUNT
If you violate these Terms, PILLTECH SOLUTIONS may suspend or terminate your account or partnership. PILLTECH SOLUTIONS also reserves the right to terminate or suspend your use of TOVPET (or any part thereof) at any time without having to give any reason.
RELATIONSHIPS
Each agreement entered into between you and the User using TOVPET shall be considered as a direct agreement entered into between you as a Health Care Professional and the User as your patient. For the avoidance of doubt, the relationship between you and PILLTECH SOLUTIONS for each agreement entered into between you and the User shall be only that of an independent contractor.
By your use of TOVPET, there is no relationship whatsoever intended or created between you and PILLTECH SOLUTIONS or any other party, be it of agency, joint venture, employee-employer; or franchiser-franchisee, and the like. Therefore, neither you nor PILLTECH SOLUTIONS have any right whatsoever to incur any liability, obligation, or responsibility on behalf of or binding the other party.
When an appointment between you and a User has been confirmed, the doctor-patient relationship between you and such User may commence.
FEEDBACK
We welcome your feedback regarding your use of TOVPET. You may send your feedback through the address provided in the notice section below. You may also write our Data Protection Officer for data privacy and protection matters using the contact details stated in our Privacy Policy.
We will use your feedback to improve our services and to address your needs better.
You acknowledge and recognize that we shall babe free to use your feedback at our discretion and for whatever lawful purpose we elect.
In case PILLTECH SOLUTIONS receives a feedback, question, or complaint from User regarding the services that you provided; we will forward the same to you. You must respond to such feedback, question, or complaint within forty-eight (48) hours from receipt thereof and endeavor to resolve or address the same as soon as practicable.
ASSIGNMENT
You may not assign any rights or obligations arising from your use of TOVPET to any other party.
PILLTECH SOLUTIONS may assign its rights and duties hereunder to any third party at any time without consent or notice to you.
GOVERNING LAW AND JURISDICTION
NOTICE
You agree that these Terms and your relationship with PILLTECH SOLUTIONS shall be construed in accordance with the laws of the Cambodia. Any claim or dispute arising in connection with your use of the Application shall be brought exclusively in the courts of the Cambodia. Any cause of action or claim you may have with respect to TOVPET must be commenced within one (1) year after the cause of action or claim arises. If you access TOVPET from any location other than the Cambodia, you accept full responsibility for compliance with all local laws. Notwithstanding this, you agree that PILLTECH SOLUTIONS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
PILLTECH SOLUTIONS's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and PILLTECH SOLUTIONS nor any trade practices shall act to modify these Terms.
Any notices required or permitted by these Terms must be in writing and in English and shall only be considered effective upon receipt when sent to:
PILLTECH SOLUTIONS CO., LTD.
#46, Than’s Building, 6th Floor, Mao Tse Tong Blvd., Sangkat Boeung Trabek, Khan Chomkamourn, Phnom Penh, Cambodia Email: admin@pilltech.com.kh
Contact: +855 12 832416
MISCELLANEOUS
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed to have been severed from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire agreement between you and PILLTECH SOLUTIONS relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and PILLTECH SOLUTIONS
