TERMS AND CONDITIONS

Please review these terms and conditions (“Terms and Conditions”) and the Privacy Policy carefully before downloading, installing and/or using the Platform (as defined below).

By downloading, installing and/or using the Platform, you agree that you have read, understood and agreed to these Terms and Conditions and that you are entering into these Terms and Conditions with full knowledge of the contents of this Agreement, of your own free will and with full capacity and authority to do so. These Terms and Conditions constitute a legal agreement between you and GDT and apply to your visit to and use of our Platforms and Services (as defined below).

If you do not agree to these Terms and Conditions, please do not access and/or use this Platform and/or Services.

1. GENERAL CONDITIONS

1. All references in these Terms and Conditions are to:
  1. “We,” “us,” or “our” shall refer to PT Good Doctor Technology Indonesia and its related entities (“GDT);
  2. “You”, “Your” or “User” shall refer to an authorized user of the Platform and/or Services;
  3. “Service Provider” refers to our authorized service providers or our partners who provide Services through the Platform, including, but not limited to, doctors, pharmacies and healthcare professionals;
    “Platform” means each of (a) the web and mobile versions of the websites operated and/or owned by GDT; and (b) the mobile applications provided from time to time by GDT, including Android and iOS versions (including but not limited to webplugins & Grab Health).
2. The types of services that can be accessed through the Platform are as follows:
  1. Electronic consultation;
  2. Electronic commerce;
  3. Electronic content;
  4. Profile management; and
  5. Other services may be added from time to time.
    (each a “Service“, collectively the Services“).
3. The Platform functions as an intermediary platform that connects Users with Service Providers.
4. The Platform allows Users to send Service requests to Service Providers. The Service Provider, at its sole discretion, may accept or reject the User’s request for supportive Services.
5. The Platform and the Services do not constitute medical advice, diagnosis or treatment. The Service Provider will only provide general health guidance in accordance with the relevant type of Service and will not provide any Service that may be considered the practice of medicine or the practice of medical, nursing or other professional health services. If a User has or suspects to have a medical problem or condition that requires immediate treatment, such User shall immediately contact a qualified medical professional. Any decision the User makes that affects the User’s health should always be made in consultation with a doctor or qualified medical professional, and not based on our Platform.
6. All information and content provided by any User through the Platform shall be the responsibility of such User. However, GDT reserves the right to review and filter such information or content, and remove such information or content if necessary, in its sole discretion, deeming such information or content to be in conflict with these Terms & Conditions, any applicable policies, laws, statutes or regulations.
7. We are a technology company providing a communication platform, not a healthcare provider and do not practice medicine or any other medical profession.
8. Service Provider is an independent service provider or service facility. No agency, partnership, joint venture or employment relationship is or will be created under the Service and/or these Terms and Conditions. Service Providers shall not be deemed to be our employees for any purpose and we shall not be liable for any acts, defaults, omissions and/or negligence of Service Providers in connection with the Platform and/or the Services.

2. PLATFORM AND SERVICE ACCESS

1. You agree to:
  1. access the Platform and/or Services only for lawful purposes and in a lawful manner at all times and further agrees to conduct any activities related to the Services or Platform in good faith;
  2. comply with any and all guidelines, notices, operating rules, and policies and instructions relating to the Platform and/or Services, as well as any amendments issued by us from time to time; and
  3. ensure that any information or data that you post or appear on the Platform in relation to the Service is accurate and up to date.
2. Access to password-protected areas of the Platform and/or Services is restricted to Users and Service Providers with a “Good Doctor” account. You may not gain or attempt to gain unauthorized access to these portions of the Platform and/or Services, or to any other protected information on the Platform, through any means not intentionally made available by us for your specific use.
3. By accessing the Platform and/or Services, you represent and warrant that you are an individual who is legally capable of entering into a binding agreement under the laws of the Republic of Indonesia, in particular these Terms and Conditions, and that you are at least 18 years old or married and not under guardianship. If you are under 18 years old and you are not married, you represent and warrant that you have obtained permission from your parents or guardian unless you indicate otherwise. By consenting, your parent or guardian agrees to be responsible for: (i) all of your actions in connection with your access to the Platform and/or the Services; (ii) any fees or costs associated with your use of the Services (as applicable); and (iii) your compliance with these Terms and Conditions. If you do not have permission from your parent or guardian, you must stop accessing the Platform and/or using the Services.
4. You may not use the Services on behalf of another person except as stated in (c) above.
5. You will maintain the confidentiality and will not misuse the information you receive for using the Platform. You will treat other Users with respect and will not engage in unlawful, threatening or harassing behavior or activities while using or providing the Services, as relevant.
6. You understand and agree that your use of the Platform will also be subject to our Privacy Policy as may be amended from time to time.
7. In connection with Your use of the Platform or the Services, or in the process of Your interaction with Us, other Users or other third parties through the Platform, You must not:
  1. violate these Terms and Conditions, the Privacy Policy or any other policy displayed on the Platform;
  2. violate any laws, regulations or third party rights;
  3. infringe GDT’s proprietary copyrights, patents, trademarks, trade secrets or any other third party’s copyrights, patents, trademarks, trade secrets or rights of publicity or privacy;
  4. act in a defamatory, threatening or unlawfully harassing manner;
  5. provide false, fraudulent, inaccurate or misleading information;
  6. unreasonably refuse to cooperate in an investigation by GDT or provide GDT with confirmation of your identity or other requested information;
  7. using an anonymous proxy;
  8. controlling User accounts that are connected in any way to other accounts that have or are suspected of engaging in any of the activities restricted in these Terms and Conditions;
  9. use the Platform as a means to distribute unsolicited advertising or other materials to any third party, to send chain letters or pyramid schemes, or to post the same content more than once (spam);
  10. use the Platform, your account or the Services in a manner that results or may result in complaints, disputes, claims, fines, penalties and other liabilities to GDT, other Users or third parties;
  11. post any material that may be defamatory, discriminatory or viewed as hateful, or post links to websites that contain this type of material;
  12. take any action that imposes an unreasonable or disproportionate burden on our infrastructure or any other action that would pose a material risk or problem to our infrastructure;
  13. distribute viruses, trojan horses, worms, or other computer programming technology that may harm the Platform, or the interests or property of other Users and other third parties, including other users on the Platform and Services;
  14. attempts to gain unauthorized access to or interfere with or other computer systems or networks connected to the Platform or Services;
  15. distribute or promote obscene, pornographic, indecent or offensive material or any material that is contrary to public policy and/or any applicable laws or regulations;
  16. by act or omission, do anything that may cause us to lose the services of our internet service providers, payment processors or other suppliers;
  17. interfere with the utilization and enjoyment of the Platform or Services of others; or
  18. facilitate any illegal or unlawful activity or fraud of any kind.
8. Each relevant User shall be fully and solely responsible for engaging in any restricted activity as set forth in paragraph 2(G) above. If we suspect that you are engaging in any prohibited activity as set out in clause 2(G) above, we may, without liability to you, take the following actions:
  1. report any suspicious or illegal activities to the relevant authorities;
  2. cancel or decline any transaction;
  3. suspend or close your User account;
  4. implement, at our sole discretion, prevention and detection procedures and refuse the execution of transactions if there is reason to suspect that a User’s account is being, or may be, used for illegal, unlawful or fraudulent purposes; or
  5. take such further steps at its sole discretion, as it may deem necessary, including taking legal action against you.
9. In the event of suspension of your User account, we will notify you of the suspension wherever possible, and provide you with an opportunity to request restoration of access if and when necessary. Any restoration of access shall be at our discretion and shall be subject to our applicable policies and procedures and applicable law.
10. If we close your User account, we will provide you with written notice of such closure and the reasons for such closure as soon as reasonably practicable.

3. GENERAL SERVICE USAGE

3.1 Electronic Consultation

1. [Konsultasi Elektronik] is a Service provided by doctors and health professionals as Service Providers on the Platform, to connect Users with Service Providers through the Platform that allows consultations between Service Providers and Users.
2. In using this Service, you agree that:
  1. This service will not be used in emergency conditions, including but not limited to, any medical condition that requires immediate treatment or physical examination by a doctor;
  2. This service will not be used to obtain or provide any form of drug dispensation;
  3. This service should not be considered a substitute for any physical examination, diagnosis or treatment by a physician or other healthcare provider;
  4. Users are fully responsible for any decisions they make after their communication with the Service Provider, including in carrying out medical treatment advised after their communication with the Service Provider;
  5. Users are solely responsible for any decisions they make following their communication with the Service Provider, including deciding to purchase the recommended medicine in whole or in part, where purchasing the medicine in part may affect the effectiveness of the Service Provider’s recommendation.
  6. Service Providers are solely responsible for any information and guidance they provide in their communications with Users including any misdiagnosis, acts, omissions and any consequences that may arise from such information or guidance;
  7. Our responsibility is only to provide technology that facilitates communication and interaction between Users and Service Providers. We make no warranties with respect to the output of information provided through the Electronic Consultation service.
3. [Konsultasi Elektronik] also contains paid consultation features’ for which Users will be charged to access these features through the Platform. The fees will be determined by GDT from time to time.
4. The applicable rates for accessing the ‘paid consultation’ feature (or for accessing other paid features through the Platforms from time to time) can be found on the Platforms.
  We may change or update such rates from time to time.We will not provide refunds or cancellation requests for Electronic Consultation sessions, once the session has ended or been completed.

3.2 Electronic Commerce

1. Electronic Commerce is a Service provided by pharmacies as Service Providers on the Platform, to connect Users with Service Providers through the Platform that allows the sale and purchase of pharmaceutical products.
2. In using this Service, you agree that:
  1. The pharmaceutical product information provided in this Service is published by the Service Providers to assist Users in selecting pharmaceutical products offered by such Service Providers which they deem suitable for their healthcare needs. The purchase of pharmaceutical products by Users from such Service Providers shall be made through the Platform facilitated by GDT. Users are solely responsible for any decision they make in selecting the products offered by the Service Providers. The Service Provider shall be solely responsible for each product it offers to Users, including for displaying product details, descriptions, prices and other information related to such products, and in providing appropriate guidance in its communications with Users;
  2. all information about the availability, description and/or other information relating to any pharmaceutical product on the Platform is under the sole responsibility of the relevant Service Provider. We are not responsible for any incorrect description or information about a Service Provider’s pharmaceutical products offered through the Platform; and
  3. pharmaceutical products purchased by the User from the Service Provider will be delivered by the logistics partner. The Service Provider is fully responsible for the product, including the packaging of the product to be delivered by the logistics partner, until the delivery of the product to the logistics partner. The third party service provider is fully responsible for the safety and condition of the package from the delivery of the products from the Service Provider until the delivery and receipt of the products by the User. Delivery of all products to the User shall be packed in sealed containers and shall be properly documented in accordance with applicable laws and regulations and as may be required by us from time to time.
  4. You acknowledge that your drug recommendation information will be shared with our Service Providers for the purposes of executing transactions.
  5. Product images on the Platform are illustrative and we do not enable the ordering of Products that accurately reflect their colors as shown on the Platform.
  6. You acknowledge that you understand and are aware of all the effects that may occur and result from the consumption and use of the medicines you purchase from the Platform.
3. Returns and Refunds
  1. You should inspect the goods upon delivery for any shortages and/or damages. If any product is expired, missing, faulty or damaged upon receipt of the order, a claim for return and refund (if any) must be submitted to our customer service via ‘Contact Us’ on our Platform or contact us via our telephone number at 021-5099 6900 or via email at support@gooddoctor.co.id within the next 2 working days from the date of delivery; otherwise, we will have the discretion to reject your request and claim, after 2 working days from the date of delivery. All refund requests will be reviewed on a case-by-case basis and must be approved by us. Other than the terms stated herein, all products sold including electronic consultations are non-refundable.
  2. We reserve the right to refuse exchanges or refunds for opened or used products. We will not be liable to you for any loss, liability, cost, damage, expense or cost as a result.
  3. For all returns and refunds, the product must still be in its original packaging and in good condition.
  4. Notwithstanding the foregoing, medicines and hygiene-sensitive products are personal to the person for whom they are intended and are therefore non-returnable and no refunds will be given for medicines and hygiene-sensitive products once an order has been placed.
  5. Products that have been approved by us that can be refunded, the refund will be returned at the price value according to the order confirmation.

3.3 Electronic Content

The content of health-related articles offered on the Platform is general in nature and is only to educate Users on health and medical issues. Nothing in the content should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Any reliance on the information or content on the Platform is entirely at your own risk.

3.4 Profile Management

1. Profile Management is a feature offered on the Platform that allows Users to track their activities on the Platform, including displaying a summary of consultations under the [konsultasi] feature and purchases of pharmaceutical products under the [Perdagangan Elektronik] feature made through the Platform.
2. In using this Service, you agree that we will record your activities on the Platform for the purpose of publishing a summary of your activities in this feature and share your information with our partners for the management of your profile.

3.5 Registration and Account Information

1. The registration process requires you to provide us with accurate and current and complete personal information that we may request from you from time to time, including but not limited to name, address, telephone number, date of birth, and email address, In the event of any changes to your information, please notify us as soon as possible.
2. We may request additional information or documentation at any time to verify your identity, age and/or to verify your bank details or debit, credit or prepaid facilities. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, restrict your access to the Platform and/or Services, or suspend or close your account.
3. Only you may use your own account and you undertake not to authorize any other person to use your identity or account. You may not assign or transfer your account to any other party. You must keep your account password and any identification we provide to you secure and confidential. If your password is disclosed to a third party and such disclosure leads to unauthorized or unauthorized use of your account or identity, the order resulting from such unauthorized or unauthorized use shall still be considered a valid order, unless you can demonstrate that such disclosure was made not due to your acts, defaults, omissions and/or negligence.
4. All personal data provided by you will be collected, handled, stored and processed in accordance with our Privacy Policy. By accepting these Terms and Conditions, you also agree to provide your consent as required in our Privacy Policy.
5. You are solely responsible for maintaining the security of your username and password on the Platform and Services. You are encouraged to change your password regularly and we will not be liable for any unauthorized disclosure or use of your username or password caused by your acts, defaults, omissions and/or negligence. If your username or password has been compromised, you must immediately notify us
  in writing.
6. Any use of your username or password on the Platform shall be deemed to be use of the Services. Any information, data or communication posted, transmitted or issued during the period in which you are logged in with your username and password (whether authorized or unauthorized) shall be deemed to be posted, transmitted or issued by you. You will be solely responsible for any such transmission, notification or communication and agree to indemnify and hold GDT harmless from any loss, damage, expense, and/or liability for actions caused by the use of your username and password on the Platform, unless you can demonstrate that such use was not caused by your acts, defaults, omissions, and/or negligence.

3.6 Payment

1. The download and/or use of the Platform is free of charge. We may charge Users for access to certain features offered through the Platform. However, an internet connection is required to access the Platform and/or to use the Services, and any associated costs (e.g. mobile data charges) incurred by your access to the Platform and/or the Services are your exclusive responsibility and are made solely at your expense.
2. Payment for accessing the ‘paid consultation’ feature and other paid features that may be available on the Platform from time to time, together with any associated taxes and possible transaction fees, may be charged to Users through third party payment providers. Fees and charges applicable to any feature can be found on the Platform and such fees and charges may be updated by us from time to time. You agree that you will pay for the Services provided to you by the Service Provider in full.
3. GDT and our third party payment providers will have access to your preferred payment method and billing address details at the time you make a payment or receive a payment (such as if there is a refund), as applicable. We shall not be liable for any breach of privacy or security arising out of or in connection with any payment processing by third party providers. We may store your bank account details, credit card details or other online payment methods that you may choose to use.

3.7 Service Availability

We may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of, or remove, whether in whole or in part, the Platform or any of the Services and will not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

4. LINKS TO THIRD PARTY WEBSITES

1. The Platform contains links to other sites operated by third parties, including but not limited to third party sites that may display our trademarks. These links are provided for your convenience and are intended only to allow access to third party sites for no other purpose.
2. We do not warrant or make any representations about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or other representations about the third-party sites of its content. Links to third-party sites on the Platform do not constitute sponsorship, endorsement, approval or responsibility for any third-party site. We make no representations or warranties regarding any products or services offered on any third party site.

5. NO GUARANTEE

1. We make no representations, warranties or guarantees regarding the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services and/or Platform, including but not limited to the Services obtained by or from Service Providers through the use of the Platform.
2. To the extent permitted under applicable law, we do not warrant that:
  1. the use of the Service and/or Platform will be secured, timely, uninterrupted or error-free or operate in combination with other hardware, software, systems or data;
  2. The service will meet your requirements or expectations;
  3. any data stored will be accurate or reliable;
  4. the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations;
  5. errors or defects on the Platform will be corrected; or
    applications or servers that make the Platform available are free of viruses or other harmful components.
  6. The applications or servers that make the Platform available are free of viruses or other malicious components.
  7. any losses caused by access and use of the Platform; and
  8. any decision or action taken by you or any third party relying on the information and content.
3. The information, content and Services are provided to you strictly on an “as is” basis. To the maximum extent permitted by applicable law, all conditions, representations and warranties, whether express, implied, mandatory or otherwise, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and rejected to the highest and maximum extent. By using and accessing the Platform, you acknowledge and agree that all risks arising from your use of the Platform and Services remain solely and absolutely yours and you shall have no recourse against us.

6. EXCLUSION OF LIABILITY

1. We are not responsible for any injury, death, damage or loss suffered by Users caused by the conduct of Service Providers or other third parties.
2. We implement appropriate and reasonable technical and security measures to keep the Platform safe and free from viruses and errors. However, no matter how effective these technologies are, no security system is impenetrable. As such, we cannot guarantee the security of our databases nor can we guarantee that the information you provide will not be prevented from being sent to us. We will notify you in writing in the event of a data security breach involving your personal information.
3. The Platform may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including devices used by you or Service Providers that are damaged, disconnected, out of range, switched off or otherwise malfunctioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
4. GDT and/or its licensors, affiliates, and their respective members, officers, directors, employees, attorneys and agents (“Indemnitees”) shall not be liable to you for any loss, cost, expense (including legal fees and expenses), damage, penalty or settlement amount whatsoever or however caused (regardless of the form of action) arising directly or indirectly from your use of the Platform.

7. REIMBURSEMENT

You agree that you will defend, indemnify, and hold us and our indemnitors harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of your use of the Platform.

8. INTELLECTUAL PROPERTY RIGHTS

1. The intellectual property in and on the Platform and materials is owned, licensed to or controlled by us, our licensors or our Service Providers (as may be relevant). We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
2. No part or parts of the Platform, or material may be reproduced, reverse engineered, decompiled, disassembled, split, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any way or by any means or stored in an information retrieval system or installed on any server, system or equipment without our prior written permission from the relevant copyright owner.
3. Nothing on the Platforms and in these Terms and Conditions shall be construed as granting, by implication, or otherwise, any license or right to use (including, as meta tags or as ‘hot’ links to other websites) any trademarks displayed on the Platforms, without our written permission (or such other applicable trademark owner, as may be relevant).
4. You grant us the right to use any materials or information you submit on the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions. When you submit a comment or review to the Platform, you also grant us the right to use the name you submit or your username in connection with the review, comment or other content. You must not use a false email address, pretend to be someone other than yourself or mislead us or third parties as to the origin of any submissions you make. We may at our sole discretion publish, remove or edit your submission.

9. ENDING

1. You may choose to stop using any of them at any time by canceling your account and ceasing to access the Platform, thereby disabling your use or provision of the Services.
2. We reserve the right to immediately suspend, restrict, or terminate your use of the Platform and/or use or provision of the Services if we suspect that you have violated or breached any provision of these Terms and Conditions or applicable laws and regulations.
3. We and each User agree to waive the provisions in Article 1266 of the Indonesian Civil Code to the extent that a court decision or approval is required for the termination of these Terms and Conditions.

10. OTHER

1. Our waiver or forbearance or failure to claim a breach of any provision of these Terms and Conditions or to exercise any right provided by these Terms and Conditions or applicable law, shall not be deemed a waiver with respect to any subsequent breach of any provision of this Agreement.
2. These Terms and Conditions have been prepared in both English and Bahasa Indonesia, both of which are binding on you and us. In the event of any inconsistency between the Indonesian version and the English version, the English version shall prevail.
3. These Terms and Conditions shall be governed by the laws of the Republic of Indonesia. Any dispute or claim arising out of or in connection with these Terms and Conditions (“Dispute“) shall be referred to and finally determined by arbitration administered by the Singapore International Arbitration Centre (“SIAC“) in accordance with the Arbitration Rules of the Singapore International Arbitration Center (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this paragraph. This arbitration agreement shall be governed by the laws of the Republic of Indonesia. The seat of arbitration shall be Jakarta. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
4. These Terms and Conditions may be modified from time to time. Any modifications to these Terms and Conditions will be posted on the Platform. Your continued use of the Platform will constitute your consent and acceptance of such modifications.

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