1. Introduction
This Terms and Privacy Policy ("Agreement") establishes the rights and obligations of users ("Users") in accessing and utilizing the online medical consultation service ("Service") through the Nick Of Time application ("Application") and website www.uponmeditech.com ("Website"), developed by Upon Meditech Co., Ltd. ("Company"). By utilizing the Service, Users affirm that they have thoroughly reviewed, comprehended, and agreed to be bound by the provisions of this Agreement.
2. Definitions
User: An individual who utilizes the Service to seek medical advice ("User") or render medical advice ("Consultant Doctor") through the Application.
Patient: An individual who has experienced complications ("Patient") from a cosmetic procedure ("Injection of Fillers") and employs the Service to request preliminary symptom assessment and seek medical consultation from a Consultant Doctor through the Application.
Doctor: A physician holding a medical license registered with the Medical Council who has experienced complications from a cosmetic procedure ("Injection of Fillers") and employs the Service to request preliminary symptom assessment and seek medical consultation from a Consultant Doctor through the Application.
Consultant Doctor: A physician holding a medical license registered with the Medical Council who provides online consultation through the Application.
Entrepreneur or Company: An individual other than the User, such as other medical personnel involved in treatment and/or disease investigation that possesses a business license registered with the Department of Business Development.
Third Party: An establishment such as a hospital, beauty clinic, aesthetic clinic, company, and/or pharmaceutical distributor that possesses a business license registered with the Department of Business Development.
Data: Any personal or medical information that is collected, used, stored, or disclosed for the purpose of providing the Service, encompassing but not limited to: national identification number, medical license details, contact information, medical history, laboratory test results, details of complications from cosmetic procedures.
3. Data Use and Collection
3.1 User Consent: Users expressly consent to the Company's collection, utilization, storage, and disclosure of Data for the purpose of providing online consultation through chat, telephone, or other systems within the Application that may be available in the future to facilitate communication between Users and Consultant Doctors. This encompasses research, publication in academic journals without identifying individuals to the public, and future application development.
3.2 Data Collected: The Company collects the following Data:
Patient Data: Data entered during the preliminary symptom assessment, history of consultation for advice on complications from cosmetic procedures, and entry of photographs and relevant documents related to medical history or complications.
User Data: Data entered during the registration and verification process, including but not limited to medical licenses with the Medical Council and business licenses with the Department of Business Development.
4. Data Security and Backups
4.1 Data Security: The Company implements industry-standard security measures to safeguard Data from unauthorized access, disclosure, alteration, or destruction. These measures include data encryption and system access controls.
4.2 Data Backups: The Company shall make comprehensive backups of Data to the best of its ability to ensure the integrity and completeness of the backup data. In the event of hardware failures or data loss, the Company shall promptly restore the backup data to minimize disruptions and downtime.
5. User Responsibilities
5.1 User Verification: Users are responsible for verifying their identities by entering accurate information on the Application, including but not limited to medical licenses issued by the Medical Council and business licenses issued by the Department of Business Development. If the Company deems it necessary to request additional documentation, Users shall promptly comply with such requests. If the Company and Consultant Doctor discover that a User has falsified verification documents, the Company reserves the right to refuse service. The User in question shall be solely responsible for any legal consequences arising from such actions.
5.2 Data Accuracy: Users are responsible for the accuracy and completeness of all Data entered into the system. Users shall not intentionally misrepresent or provide false information, as doing so may result in account termination and suspension. Additionally, Users must ensure that any injectable fillers utilized by Doctor are approved by the Food and Drug Administration, legally imported into the country, and properly certified by the manufacturer or importer. If the Company and Consultant Doctor determine that the fillers violate any laws or restrictions, the Company reserves the right to refuse service. The User in question shall be solely responsible for any legal consequences arising from such actions.
5.3 Account Security: Users are responsible for maintaining the security of their accounts by establishing strong passwords and refraining from sharing passwords with others. Users must promptly notify the Company of any unauthorized account usage or other security breaches.
5.4 Proper Use of Services: Users agree to use the Service for its intended purpose and in compliance with all applicable laws and regulations. Users shall not violate the Agreement with the Company by, for example, entering manipulated, altered, or falsified data, documents, and/or photographs. Additionally, Users shall not transfer, resell, or grant access to their accounts to others, and they shall be solely responsible for all activities conducted under their accounts or related to their accounts.
6. Payment and Refund Policy
6.1 Payment: The Company offers membership services with payment options. Upon receiving an order and fee payment from the user, and after the registration process and payment verification have been successfully completed, the Company will promptly grant access to the services. However, free services may have usage limitations. Users agree to pay membership fees in various formats depending on the membership type, as per the terms and conditions of service usage. If the Company identifies high-risk transactions from a user, the Company may request copies of the user's ID card with a photo of the account holder, copies of the latest bank statement, or images of credit or debit cards used for purchases for assessment purposes. All fees are non-refundable and cannot be exchanged for cash or other services.
6.2 Refund Policy: The Company offers products in the form of services that are intangible and non-refundable after the Company has granted access to the user. Therefore, the Company reserves the right to refuse refunds to users after they have made payment for the products. Users acknowledge this before purchasing services on the application. Please carefully read the service details before making a purchase decision.
7.Limitations of Service
7.1 Online Consultation: The user acknowledges that this service is solely for providing remote consultation through an online system. Any consultations provided are not obligatory and/or binding for further treatment decisions regarding the user's patient's condition. They cannot be used as substitutes for direct medical consultations with healthcare providers at healthcare facilities.
7.2 Treatment Procedures: The user acknowledges that the treatment of patients, regardless of the method, depends on joint decisions between the user, the patient, and/or third parties, as well as other services such as receiving treatment at healthcare facilities. It should be noted that such procedures are subject to the terms and conditions set forth by the healthcare facility alone. The company and the consultant doctor reserve the right to neither guarantee, assume responsibility for, nor certify other services.
7.3 Accuracy of Diagnosis: The user acknowledges that the use of online medical consultation services relies on diagnoses based on information prepared by the user's healthcare doctor and entered into the system "as is" and "as available." The company and the consultant doctor explicitly disclaim any guarantee of the accuracy of diagnoses, including but not limited to disclaimers related to the accuracy, correctness, clarity, and reliability of patient information provided by the doctor, as well as complications arising from the use of counterfeit supplements and/or supplements that do not meet standards from the Food and Drug Administration, including supplements imported illegally into the country. The doctor agrees to assume the legal risks associated with the aforementioned disclaimers.
8.Prohibited Uses of Service:
In addition to any other agreements stipulated under the contract, users are prohibited from the following actions: (a) engaging in activities for unlawful purposes, (b) inducing or assisting others in unlawful acts, (c) violating local, national, or international regulations, government regulations, laws, or ordinances, (d) infringing upon any intellectual property rights of the company or others, (e) threatening, harassing, defaming, or damaging reputations, (f) disseminating false information or distorting information, (g) introducing viruses or any other dangerous code that impacts the functionality of applications and service-providing websites, (h) collecting or tracking personal information of others, (i) sending unsolicited messages (spam), phishing through email or fake websites, altering pathways to applications, or fake websites for data theft (pharming), pretexting as authorized individuals to access information, using data collection programs on websites (spiders), or collecting website data (crawling). If users engage in any of the aforementioned violations, the company reserves the right to cancel services and suspend long-term membership.
9.Disclaimer of Warranty:
The company provides services "as is" and makes no warranties whatsoever, whether express or implied. The company and the consultant doctor disclaim all warranties, including but not limited to warranties that the service will meet the user's requirements, or that the service will be uninterrupted, secure, or error-free, as well as the results obtained from using the service and the user's participation in activities. Furthermore, no guarantee is made regarding the accuracy or reliability of any information received through the service or that any service defects will be corrected. The user understands and agrees that any content and/or data downloaded or obtained through the service are done at their own discretion and risk. The user alone shall be responsible for any damage to their mobile device, computer, or loss of data resulting from the download of such content and/or data.
10.Limitation of Liability and Indemnification
10.1 Limitation of Liability: To the maximum extent permitted by applicable law, under no circumstances shall the company, its officers, directors, employees, agents, and consultant doctor be liable to any person for the following: (a) indirect, incidental, special, punitive, exemplary, or consequential damages (including, but not limited to, damages for loss of profits, revenue, business, goodwill, use of content, business interruption, loss of anticipated savings, loss of business opportunity), even if advised of the possibility of such damages, and whether arising out of contract, tort (including negligence), warranty, breach of statutory duty, tortious act, or otherwise, or (b) any liability that cannot be limited or excluded under applicable law. The total liability in connection with services or related activities that may be imposed on officers, directors, employees, agents, and consultant doctor shall be limited to the actual amount paid to the company by the user for the service one month prior to the event giving rise to such liability. These limitations and exclusions shall not apply if this remedy fails its essential purpose in providing compensation for any loss, damage, or error in the primary purpose.
10.2 Indemnification: Except for healthcare doctors, the user agrees to indemnify and hold harmless the company, its officers, directors, employees, agents, and consultant doctor from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way related to allegations, claims, actions, disputes, or proceedings, whether based on or arising from the user's content, use of services, participation in activities organized by the company, or any intentional misconduct of the user, except for consultant doctor.
11.Privacy Policy:
The company has a separate privacy policy that sets forth guidelines regarding the collection, use, and disclosure of information. Users can access the privacy policy here: [privacy policy].
12.Terms and Termination:
This agreement shall remain in effect until terminated by either party. The company may terminate this agreement at any time without cause. Users may terminate this agreement by ceasing to use the service.
13.Governing Law:
All rights and limitations in this agreement may be used, enforced, and bound only within the scope that such limitations do not violate any applicable laws and are limited to the extent necessary to avoid rendering this agreement illegal, invalid, or unenforceable. If any provision or part of any provision of this agreement is illegal, invalid, or unenforceable, the parties agree that the remaining provisions or parts thereof shall continue to be valid and enforceable to the fullest extent permitted by law, pursuant to the principle of severability.
14.Dispute Resolution:
The interpretation, execution, and performance under this agreement, as well as any disputes arising from this agreement, shall be subject to the laws of the Kingdom of Thailand, without regard to conflict of law principles, and the laws of the Kingdom of Thailand shall govern any legal proceedings related to disputes concerning this agreement. The parties agree to submit any disputes to the jurisdiction of the courts of the Kingdom of Thailand and to bring any disputes within the jurisdiction of the courts mentioned.
15.Consent to Agreement and Additional Amendments
15.1 Entire Agreement: The User acknowledges having read this Agreement and agrees to all the terms and conditions therein for the use of services both on the website and application, thereby consenting to be bound by this Agreement. If the User does not agree to the terms of this Agreement, the User shall have no right to use the services both on the website and application. This Agreement constitutes the entire agreement between the parties regarding the purposes stated herein and supersedes any prior communications or agreements, whether oral or written, between the parties.
15.2 Additional Amendments: The Company reserves the right to amend this Agreement or policies related to services on the application and website at any time, with such amendments taking effect immediately upon publication of the latest version of this Agreement. Any additional terms amended shall be effective upon publication. The use of the services after the publication of such additional terms amended shall be deemed as the User's acceptance of the amended terms of the agreement.
16. Contact Us
If Users have any questions about this Privacy Policy or their Personal Data, you can contact the Company at the address provided in the Contact Us section of the Company's website.