TERMS AND CONDITIONS OF USE FOR PRINCIPAL HEALTHCARE COMPANY LIMITED MOBILE APPLICATION

        These terms and conditions of use (hereinafter referred to as the "Terms and Conditions of Use") governing the use of the Principal Healthcare Company Limited Mobile Application are made between Principal Healthcare Company Limited (hereinafter referred to as the "Service Provider", "we", "us", or "our") and you (hereinafter referred to as "you", "your", or the "User") regarding your use of the Principal Healthcare Company Limited Mobile Application, which facilitates rendering healthcare and medical services or offers greater convenience to you in accessing the healthcare services such as making appointments for medical consultation, requesting a personal medical record and subscribers/members' benefits, and so forth.

        By using the Principal Healthcare Company Limited Mobile Application, you automatically agree to be bound by the following Terms and Conditions of Use.

1. Definitions

          1.1. "Service", "this Service" or "Application" means the Principal Healthcare Company Limited Mobile Application and any services provided through the aforesaid Application.

          1.2. "System" means the system of the Principal Healthcare Company Limited Mobile Application.

          1.3. "User", "you" and "your" means a user of this Service / the Application, who accepts these Terms and Conditions of Use.

          1.4. "Service Provider", "we", "us" or "our" means Principal Healthcare Company Limited as the provider of this Service / Application.

          1.5. "User Identifier" or "User ID" means, collectively, a name which is unique to a particular User of the System (Login Name or Username), a combination of letters or numbers or alphanumeric codes (Password), a Personal Identification Number (PIN), a one-time Password that is valid for only one login session or transaction (OTP) on a digital device, including any other combination in connection with accessing this Service / Application, regardless of whether such User ID is generated by the System itself, provided by the Service Provider, or provided by the User.

          1.6. "Hospital" means the hospital under the management of Principal Healthcare Company Limited.

          1.7. "Personal Data" means any information pertaining to the User, which enables the identification of the User, whether directly or indirectly.

          1.8. "Mobile Device" means any piece of electronic device or equipment which includes mobile phones, smartphones and tablets and enables the user of that device or equipment to access the Internet. 

2. Scope of using this Service

The User may use this Service in connection with the following areas of: 

          2.1. Finding doctors

          2.2. Making doctor appointments

          2.3. A Smart Assistant

          2.4. Searching for or retrieving medical and vaccination records

          2.5. Other services that the Service Provider may offer through this Service/ Application. 

3. General terms and conditions

You acknowledge and agree with the following:

          3.1. This Service is an Internet-based service of the Hospital via its application program on the Mobile Device(s) that can access the Application. The purpose of this Service is to provide convenience to the Hospital's patients and their families in receiving healthcare and medical services from the Hospital under the scope in Clause B.

          3.2. To register for this Service, you are required to supply complete and accurate information. Registration (application for this Service) is considered complete only if you are in receipt of confirmation text message (via the mobile phone number that you provide) or confirmation email messages (to the email address that you provide).

          3.3. You are required to establish a set of User ID to be able to access this Service, the Application or the System, according to the instructions given by the Service Provider.

          3.4. You will be able to access this Service, the Application or the System via the Mobile Device using your User ID. The number of Mobile Devices via which you have access to the Service, Application or the System is limited by the Service Provider.

          3.5. You must at all times keep your User ID confidential and shall not disclose, share or do any and all activities that might jeopardize the security of your User ID. In the event that you discover that a third party or any other person has obtained knowledge of your User ID, you shall notify the Service Provider immediately of any unauthorized use of your User ID or any other breach of security, in order to resolve such matter in accordance with the procedures and conditions prescribed by the Service Provider.

          3.6. You may change your User ID, including Login Name or Username and/or Password and/or PIN and/or related combination(s) at any time using the methods and conditions specified by the Service Provider.

          3.7. You may use this Service to do electronic fund transfer or make payments for medical fees, medical expenses and other fees for drugs, medical supplies, and medical services. In order to conduct the transaction(s), you are required to furnish a requester's name and the beneficiary account number. As the requester of such transaction(s), you must verify the transaction details (the correctness of the requester's bank account number and the beneficiary account number) by yourself before the Service Provider processes any such requested transaction(s).

          3.8. Regarding any access or transaction via the Application or the System arising from logging in with or using your User ID, you acknowledge and agree that:   

                     3.8.1. Any such access or transaction arising from login using your User ID via the Application or the System shall constitute correct and complete action by you at the time of your confirmation through the Application / System, and you shall be deemed to have submitted your electronic signature to the Service Provider as evidence at each particular time in any subsequent access or transaction without being required to prepare or sign any document as evidence in such similar actions again.

                     3.8.2. You agree that the Service Provider is able to use the information on such access or transaction as the original document which is used as evidence in proving that you have taken such action to be used in legal proceedings in all respects. 

                     3.8.3. You agree to be responsible for any action taken through the Application and the System as if it is taken by yourself.

                     3.8.4. You acknowledge and accept all risks associated with the use of this Service, the Application and the System because you can conduct transaction(s) without the need to use documents or any evidence for additional confirmation.

                     3.8.5. You knowingly and voluntarily and without duress or coercion consent to collecting your Personal Data under the Privacy Policy.

          3.9. You acknowledge and accept that all medical terms in connection with medical diagnosis or diagnostic procedures are in the English language and can be difficult to understand. The Service Provider only does a translation of such medical terms into Thai words that are comprehensible to the Hospitals patients. Such translation may not represent a verbatim or word-for-word translation of the translated medical text and should not be used or relied upon as medical advice. Should you have any question about medical records, please contact the Service Provider.

                     3.10. In cases where you find any error or deficiency in using this Service or have any questions as to the User's information or medical treatment records, you shall notify the Service Provider of the relevant details of data/information, so that the Service Provider is able to verify and rectify any such error or deficiency.

4. User's obligations concerning the use of this Service 

           4.1. In using this Service/ the Application, you shall not: 

                     4.1.1. commit any breach of the Terms and Conditions of Use, including any terms as announced by the Service Provider, or violate any laws or regulations; infringe any other people's rights which include copyrights, trade secrets, privacy rights or the right to privacy, intellectual property rights, ownership, etc. 

                      4.1.2. send, forward or attempt to send or forward any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data, or any other material which is technically harmful to the System; use this Service in a way or manner which the Service Provider deems inappropriate and/or not in compliance with the purposes contemplated under the Terms and Conditions of Use.

                     4.1.3. use devices, software or engage in practices that attempt to circumvent or interfere with this Service, the Application and System, including accessing data not intended for the User; or engage in a business that competes with the Service Provider's business, whether expressly permitted or not hereunder.

          4.2. In the case that you fail to comply with the Terms and Conditions of Use, the Service Provider reserves the right, in addition to other rights and remedies that may be available to the Service Provider, to act as the Service Provider deems necessary to deny or restrict access to this Service / Application without permission. Such action shall include but not be limited to discontinuing or cancelling your User ID, refusing to provide this Service to you, suspending or deleting the User's account, or any necessary procedures against your use of this Service, without prior notice. In this case, the Service Provider shall not bear any responsibility for any damage incurred by you whatsoever.

          4.3. Furthermore, any non-compliance with or violation of these Terms and Conditions of Use may give rise to taking other actions including but not limited to taking legal proceedings, pursuing civil and/or criminal redress.

          4.4. Should you believe that another user or any other user is in violation of these Terms and Conditions of Use, please contact [email protected]

5. Service Provider's Limitation of Liability and Disclaimer of Warranties  

          5.1. The Service Provider shall not be held responsible for any damages incurred by you, except where such damages were caused by the Service Provider's gross negligence or willful misconduct in the ordinary course of business. You acknowledge and agree that in no event shall the Service Provider be liable for any damages, whether or not the Service Provider has been advised of the possibility thereof, for the following circumstances:   

                     5.1.1. Logging in to this Service, Application or the System using your User ID, the meaning of which was defined in Clause 1.5, or using any method as specified by the Service Provider, regardless of who is using your User ID;

                     5.1.2. In the case of any force majeure event or act of God or any circumstance beyond the Service Provider's reasonable control (including a malfunction of devices, communication system and their failure to work whatsoever, and/or other systems relating to this Service, computer virus or harmful data, illegal acts of individuals beyond the Service Provider's control); and in the case of a period under which the maintenance of the System is carried out, which may from time to time render the Service, Application or the System unavailable.

                     5.1.3. Any delay, defect, deficiency, damage, difficulties caused by a fault in the User's, Service Provider's or the Internet service provider's computer and Internet system, power system, or other communication networks, except where it is directly caused by the Service Provider's gross negligence or willful misconduct.

                     5.1.4. Any delay in operating the System and providing this Service to you.

                     5.1.5. Your failure to act in compliance with these Terms and Conditions of Use. 

          5.2. The Service Provider makes no representation or warranties regarding the accuracy, reliability, completeness or timeliness of the software, content, text, graphics, videos, links, or communications, all of which are provided through this Service, the Application and the System, and you agree to waive any legal or equitable rights or remedies you have or may have against the Service Provider. Notwithstanding the foregoing, in the event that the Service Provider is notified or made aware by related people or third parties that any part of the content appearing via the Application or the System may cause harm to any other person whether directly or indirectly, the Service Provider reserves the right to determine such matter on a case-by-case basis at the Service Provider's sole discretion, which may result in suspending publicizing any such part of the content in question, as the case may be.  

          5.3. The Service Provider disclaims all representations and warranties regarding the accuracy or reliability of any third-party content, any third-party website, any third-party application program or any third-party services in accordance with Clause 7.6.  

          5.4. In no event shall the Service Provider be liable to you or any third party for any indirect, incidental or consequential, punitive or exemplary, or special damages (including without limitation damages for loss of credibility, loss associated with using this Service, loss of data, loss resulting from not using data, and foreseeable loss associated with obtaining or using this Service.

          5.5. This limitation of Liability and Disclaimer of Warranties shall be construed to encompass any error in supplying information, sending, and receiving information or any act done by the Service Provider, its allied business, joint service providers or other Internet service providers.

6. Contact information and Notice 

          6.1. You hereby consent to inquiry, data collection or processing certain information, whether partly or wholly, about the User, as the Service Provider deems necessary or appropriate. 

          6.2. You hereby consent to receive messages about the news of this Service and advertising or promotional information, newsletters in electronic form by means of email updates and text-messaging. 

          6.3. Notice to you shall be effective upon receipt thereof and may be delivered by post, via email according to the address you provide. You may change the address at which notice is to be given by providing written notification of such change to the Service Provider or notify the Service Provider according to the channel(s) specified.

7. Privacy Policy 

          7.1. Collecting your Personal Data 

                     7.1.1. The Service Provider will collect or may collect your Personal Data when: 

                               7.1.1.1. you access this Service or use this Service or register for this Service;

                               7.1.1.2. you install the Application on your Mobile Device to have access to this Service;

                               7.1.1.3. you provide information to the Service Provider or request using the Service from the Service Provider;

                               7.1.1.4. you agree with any terms or provide any other information for the purpose of communicating with the Service Provider;

                               7.1.1.5. you send any contact form including but not limited to application forms or other online forms in connection with this Service.

                     7.1.2. The Service Provider may receive your Personal Data from third parties such as any of the Hospital's group of hospitals, the strategic partners or affiliates under the Hospital's business network, the Hospital's sales representatives, and government departments.

                     7.1.3. The System may collect data about the location of your mobile devices using such technologies as Global Positioning System (GPS) and wireless networking technology to disclose and/or process the collected data for using this application service and the highest efficiency in service, including but not limitation, providing location information as requested by the User or allowing the User to share location with other users, as those features are part of the System.

                     7.1.4. The System may access your camera and/or photo library for the purpose of uploading your user profile picture and/or saving screenshots to your photo library. 

          7.2. Types of Personal Data that may be collected  

                     7.2.1. Types of Personal Data will vary depending upon the collection situation and scope/type of the Service you request. Your Personal Data collected directly from you or from                              

           third parties shall include but not be limited to the following:

                               7.2.1.1. identification data such as name, date of birth, gender, national identity card number or passport number;

                               7.2.1.2. contact information such as phone number, email address, the address shown on the national identity card, and the billing address;

                               7.2.1.3. payment information such as credit card or debit  card information, bank account and billing information;

                               7.2.1.4. information on previous medical visits such as doctor appointments, relatives, additional / specific requests;

                               7.2.1.5. information from your access to the System;

                               7.2.1.6. information on the User's medication and allergy;

                               7.2.1.7. your feedback on your medical treatment;

                               7.2.1.8. your Personal Data stored or backed up (whether for the purpose of disaster recovery or other purposes),

whether it is under any party's jurisdiction;

                     7.2.2. We do not collect and make use of any sensitive data such as race, religious belief, criminal record, except as required by  law or with your consent.

          7.3. How the collected Personal Data are used  

                     7.3.1. We may use or process your Personal Data for various the following purposes : 

                               7.3.1.1. doctor appointments;

                               7.3.1.2. a patient's identification process;

                               7.3.1.3. opening a channel of communication regarding customer service questions or complaints;

                               7.3.1.4. marketing, customer relations and sales promotional objectives;

                               7.3.1.5. checking payment details using credit/debit cards;

                               7.3.1.6. payment collection, payment verification and claiming a refund (if any);

                               7.3.1.7. complying with law and regulations, requirements, any requests from government authorities or any other legally valid request;

                               7.3.1.8. any other objective that supports the above mentioned objectives.

                     7.3.2. Your Personal Data may be disclosed to third parties that might be located in or outside Thailand, whereby the Service Provider will take all the necessary measures or act in compliance with any legal regulations for the above mentioned purposes.   

          7.4. Security Measure to protect Personal Data  

                     7.4.1. The Service Provider recognizes the importance of safeguarding your Personal Data; therefore, the Service Provider will take appropriate technical measures to prevent your Personal Data from being accidentally lost, being accessed, or used, destroyed, altered or disclosed in an unauthorized or unlawful way.

                     7.4.2. Your Personal Data will be kept only for as long as is necessary for the purposes contemplated under this Privacy Policy or complying with
applicable legal requirements or ensuring legal compliance.

                     7.4.3. If you permanently stop using this Service under these Terms and Conditions of Use, or your right to use this Service is terminated,
the Service Provider may continue to keep, use and/ or disclose certain parts of your Personal Data under applicable data protection laws
and the governing law applicable to these Terms and Conditions of Use. Furthermore, the Service Provider may safely delete your Personal Data or terminate your user account without prior notice. 

          7.5. Cookies and similar tracking technologies 

                     7.5.1. A "Cookie" or similar technologies that the Service Provider uses to collect your Personal Data is a small file stored on your Mobile Device, which will  help recognize your Mobile Device for service provision, record keeping and marketing analysis purposes. 

                     7.5.2. The Service Provider's System employs Mixpanel and Firebase, the third-party analytic services for analyzing the use of the System and gathers information about your use of this Service. The Personal Data may be shared with the third-party companies who conducts related analyses. 

          7.6. Links to Third-party Sites or Applications 

                     7.6.1. Part of the System may contain advertisements, hyperlinks, pointers to websites or application programs operated by third parties. Such websites or application programs shall not constitute part of the System and are not under the support or control or responsibility of the Service Provider. 

                     7.6.2. If you decide to access any such third-party links under Clause 7.6.1, you acknowledge and agree that:

                               7.6.2.1. These Terms and Conditions of Use shall not apply to any websites or application programs operated by third parties.

                                7.6.2.2. You will be deemed to have left the System and accessing / using any third-party websites is entirely at your own risk. 

                               7.6.2.3. The Service Provider is not responsible for the use of your Personal Data by the third party(ies) due to the fact that the Service Provider
 has no control over such third-party websites or application programs. It shall be your responsibility to check and determine the applicable terms or privacy policy of each third-party website or application program before giving permission to collect your Personal Data.

          7.7. Data Protection Officer: DPOPrincipal Healthcare Subsidiaries under Principal Capital Public Company Limited and/or Principal Healthcare Company Limited
No.29 Bangkok Business Center, 23rd Floor Sukhumvit 63 Rd. Klongton-Nua,Wattana, Bangkok 10110

Phone : +662-714-2171-3

          7.8. User's rights 

                     7.8.1. You may request an access to your Personal Data according to principles and methods as prescribed by the Service Provider. Such request includes explaining how the Service Provider has obtained the Personal Data. Nonetheless, the Service Provider may repudiate the User's request, pursuant to applicable laws or court order. 

                     7.8.2. You may request the Service Provider to correct or change your Personal Data that is incorrect or inaccurate in order to keep such Personal Data
up to date. 

                     7.8.3. You may request the Service Provider to delete or destroy your Personal Data, except in the case that the Service Provider must comply with the relevant laws for the preservation of such Personal Data.

                     7.8.4. The aforementioned request for an access to your Personal Data, data correction must be made in writing and submitted together with a copy of your identification document.

8. Amendments to Terms & Conditions of Use / Cancellation of this Service  

          8.1. This Service is provided on an "as is" and "as available" basis. The Service Provider reserves the right to amend or change any of these Terms and conditions of Use, restrict or suspend access or cancel this Service at any time without prior notice to the User. 

          8.2. The Service Provider may make additional amendments or changes to the Terms and Conditions of Use of this Service at any time, and your continued use of this Service thereafter shall constitute acceptance of such amendments or changes. The User shall keep abreast of any amendments or changes that may be made to these Terms and Conditions of Use and shall not use your ignorance of any such amendments or changes as an excuse for violation of these Terms and Conditions of Use.

9. Governing Law and Settlement of Dispute 

          9.1. These Terms and Conditions of Use are governed by and construed in accordance with the laws of Thailand without regard to its conflict of laws rule.

          9.2. Any dispute or claim arising out of or in connection with this Service and the Terms and Conditions of Use shall be subject to and construed in accordance with the laws of Thailand. The Service Provider and the User irrevocably consent to the exclusive jurisdiction of the courts of Thailand in connection with the aforesaid dispute or claim.

   10. Other Provisions 

          10.1. The use of this Service or a result of the Terms and Conditions of Use shall not create any partnership, joint venture, employment or agency relationship amongst the User, the Service Provider or any third party.

          10.2. If any of these Terms and Conditions of Use is held invalid, void or unenforceable for any reason, then such specific part or parts shall be of no force and effect and shall not affect the validity and enforceability of any remaining terms, and the remainder of the Terms and Conditions of Use shall continue in full force and effect.

          10.3. Failure or delay in exercising or enforcing any right or provision of   the Terms and Conditions of Use shall not constitute a waiver of such right or provision in that or any other instance, except with the consent of the Service Provider and an agreement in writing signed by the duly authorized representative(s) of the Service Provider and the User.

          10.4. The provisions in these Terms and Conditions constitute the entire agreement between the User and the Service Provider relating to the subject hereof and supersede all prior written or oral communications, understandings, and agreements between the parties.

   Your continued use of this Service after any amendments or changes to these Terms and Conditions of Use shall constitute your intent to be bound by these Terms, not partially, but wholly.   

   These Terms and Conditions of Use are made in both Thai and English. In the case of any differences or inconsistencies between the Thai language version and the English language version, the Thai language version shall prevail. 

   These Terms and Conditions are the most recently updated version and shall come into effect from April 1, 2020.