These Terms of Service are an agreement between Bumrungrad Hospital Public Company Limited and affiliates ("Us", "We", or "Our"), and website visitors or our patients ("User” or “You”). We are a website and application platform provider who provide services to facilitate the User ("Services”). Our Terms of Service apply to these following websites (collectively referred to as the “Website”):
Our Services also includes genetic chatbot assistance which will be conducted through “GeneFAX”, a thirdparty website (please read more about third-party content in Section H below).
As your acceptance of these Terms of Service ("Terms") is a requirement for using our Services, you are strongly advised to read the Terms carefully. By accepting the Terms, you acknowledge that you have read, understood, and accepted to be bound by and comply with them. On the contrary, you may not be able to use any of our Services if you disagree with any aspect of the Terms.
You accept and acknowledge that your use of the Services may be subject to additional terms that are also considered an integral part of these Terms of Service.
To experience the full benefit of the Services, you may be required to download and install software on your computing devices. Where the software is published by us, we grant you a limited, personal, worldwide, revocable, royalty-free, non-transferable and non-exclusive license to use such software for the sole purpose of using the Services only as permitted by these Terms.
In order to register an account and use services on the Website, you must provide personal data such as your name, surname, email address, mobile phone number, password, and other personal data as required by us to sign up for the Website. You guarantee that the personal data provided to us is accurate, up-to-date and complete.
You can register for and access the Website by logging in through third-party platforms, e.g., Google, Apple, Facebook, and Twitter; these platforms authenticate your identity and provide you with the option of disclosing certain personal data to us such as your name and e-mail address. If you authorize these third- party platforms to share your personal data, you will be prompted to share your personal data with us, and we may receive additional information about you as a result of such mechanisms.
Services available to the Users via the Website include, but are not limited to:
- Doctor searching service;
- Appointment for medical consultation or service;
- Medical assistance service;
- Genetic chatbot service;
- Provision of medical information or related information in response to an inquiry;
- Online shopping for products and services;
- Examination of order history;
- Delivery of news and announcements;
- Access to user’s billing records;
- Inquiry notification; and
- Any other services as may be introduced by us.
Certain of these Services shall require registration and logging in prior to access.
We will endeavor to provide you with highest quality of service. If any of our Services are disrupted by errors or delays in a computer system, application system, operating system, internet system, electronic equipment, or any other system related to the provision of the Services, you agree to waive your right to file for damages against us.
You may use the Services for the purposes specified and displayed on the Websites and application, provided that such uses comply with applicable laws and regulations, as well as these Terms.
We reserve the right modify, suspend or stop providing any or all Services at any time and will endeavor to provide as much notice as may be reasonably practicable at our discretion.
By using the Services, you assure and affirm that;
- You are over the age of 20 or have attained maturity under applicable laws. If you are under 20, please ensure that your legal representative has consented to your use of the Services.
- You are a human; we do not permit accounts registered by bots or other automated means to use our Services.
- You shall not provide inaccurate information in order to use the Services or complete the signup process.
- Your account shall only be used by you; we do not permit shared use of a login.
- You are responsible for maintaining the security of your account and password; we will not be liable for any loss or damage resulting from your failure to comply with our security policy.
- You are responsible for all contents and activities taken place under the use of your account.
- You shall not access the Website by any automated means or take any action to circumvent technical safeguards.
- You shall not use, or facilitate the use of, the Services for any illegal or unauthorized purpose, directly or indirectly; and
- You shall not violate any applicable laws, e.g., copyright or trademark laws, or infringe the rights of third parties during your use of our Services.
To provide you with information regarding our Services, we require communication with you. You, therefore, agree and consent to us sending you messages related to your use of the Services.
In addition to communication that is intrinsic to the Services, we may also send you administrative and service messages, announcements about the Services which may include new features and/or components, and other information.
We may from time to time provide a login to the Services through third parties providers such as Facebook or Google. You acknowledge that by logging in through such providers, you are solely responsible for any risks associated with such login and we will not be held liable for any data you have transmitted to such providers.
We continually make changes and improvements to the Services and will endeavor to provide as much notice as may be reasonably practicable at our discretion. Changes include addition or removal of functionality or features.
We reserve the right to determine whether your use of the Services is abusive in any way and may terminate or suspend your access to any part or all of our Services immediately without prior notice or liability for any reason whatsoever, including without limitation if you breach these Terms.
You may terminate your use of the Services by deactivating your account via the service termination feature on the Website. After termination, we will retain your personal data for as long as it is necessary considering the appropriate period of personal data retention,and may continue to retain your personal data according to legal obligations, the establishment or exercise of legal claims as permitted by law.
The provisions of these Terms, including but not limited to, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and others that, by their nature, may reasonably be interpreted or construed as surviving the termination of use of the Services shall survive the termination of use of the Services.
Some of our Services may contain links to third-party websites, applications, or services that we do not own or control. The access and use of such websites, applications or services shall not be subject to these Terms and our privacy notice as it will be controlled by the terms and conditions and privacy notice of such third-party websites, applications or services.
We shall not be liable to the service user if such third-party websites, applications or services do not carry out their services in compliance with their terms and conditions and privacy notice.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. You acknowledge and agree that we will not be held directly or indirectly liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites, applications, or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, applications,or services that you visit carefully.
Our Services are designed with commercially reasonable effort, but we make no general or particular guarantees concerning the Services or the potential outcomes or results from using them.
You acknowledge and agree that the Services require the provision of or access to certain information to function and operate as intended, and that accordingly, to the maximum extent permitted by applicable laws, we are not liable for any error, defect, or failure (whether to operate as intended or at all) in connection with the Services arising directly or indirectly in connection with:
- any non-provision of a valid and functioning email address or contact information;
- any incorrect, inaccurate or lack of or insufficient access to your information such as contact information;
- any failure to complete or provide the minimum configuration requirements necessary for the Services to operate or be used as intended; or
- any unavailability of your data and/or devices.
The health information which is part of our Services is provided only for informative purposes and is not intended to be regarded as medical advice. You agree that you will not act on it without the appropriate advice from a qualified medical physician. Moreover, we do not promise any particular results with regards to your health in connection with your use of the Website and/or Service which is entirely at your own risk.
Reliance on any information provided on the Website and/or Service is solely at your own risk. We do not undertake any responsibility in relation to the quality of the medical advice, diagnosis or treatment or the manner in which it is provided by doctors, counselors or medical organizations that receive your personal information through our Website. We recommend that you use reasonable discretion and if you do not feel well, or in the event you do not receive feedback within a reasonable time, or if you have any doubt, we recommend that you contact the qualified medical physician directly.
You assume the risk of electronic communications by acknowledging and agreeing that you access and use the Services at your own risk and that the entire risk in connection with your use of the Services (including but not limited to any risk as to satisfactory quality, fitness for purpose, performance, availability, non- infringement, quality, security, reliability, and accuracy) lies with and is assumed by you, as does any cost of cover, repair, or rectification.
To the extent permitted by applicable laws, the Services are provided “As Is” and “As Available” without warranty of any kind. We and our affiliates and licensors disclaim any and all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, any warranty and/or condition of merchantability, fitness for a particular purpose, satisfactory quality, accuracy and non-infringement of third-party rights.
We, our affiliates, and licensors do not make, and expressly disclaim, any warranty or representation that:
- you can or may use or enjoy the Services without interference;
- any or all of the functions and actions performed or provided by, or expected to be performed or provided by, the Services will meet your requirements, be uninterrupted, available, secure, defect-free or error-free or perform or achieve any particular outcome or effect; and
- any defect, bug, flaw, error or issue in the Services will be corrected.
You further acknowledge and agree that the Services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the Services and functions provided by the Services could lead to death, personal injury, financial loss, reputational loss, or physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support, financial systems or weapons systems. No oral or written information or advice given by us or our authorized representative shall create a representation or warranty, you acknowledge and agree that you will not rely on any such information or advice.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAWS, IN NO EVENT SHALL WE AND OUR AFFILIATES, LICENSORS, CONTRACTORS, AGENTS OR PRINCIPALS (“Protected Person”) BE LIABLE FOR PERSONAL INJURY OR DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY ECONOMIC LOSS WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF SALES, REVENUE OR PROFITS, REPUTATIONAL LOSS, CORRUPTION OR LOSS OF DATA, COST OF COVER, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability for any claims under these Terms is limited to the amount you paid to us to use the Services (or, at our choice, the equivalent supply of Services) in the 12 months preceding the relevant cause of action, but not exceeding the amount of one hundred dollars (U.S.$100.00).
We and the Protected Person shall not be held liable for any loss or damage that is not reasonably foreseeable and shall not be liable, responsible or is deemed to breach, or delay to comply with these Terms when such non-compliance or delay is caused by force majeure. We will make reasonable efforts to mitigate any such force majeure.
(Force majeure include, but not limited to, fire, floods, earthquakes, hurricanes, ship port restrictions, shortages, epidemics, quarantines, wars, acts of war (whether war was declared or not), terrorism, riots, unrest, chaos, omissions, or delays by government agencies, and/or interference disconnection cyber threat or the malfunction of the Internet satellite network, transport, software, hardware or any electronic device.) The foregoing limitations will apply even if the abovementioned remedy fails of its essential purpose.
You agree to comply with the intellectual property laws and other laws such as trademark and copyright laws, and acknowledge that you have no rights in our Services other than those set forth in these Terms of Service. You may not directly or indirectly copy, modify, distribute, sell, translate, adapt, disassemble, reverse-engineer, extract the source code from, lease, license or transfer communication, capture, reproduce, perform, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit any part of our Services, our contents or source code, or software provided by us, or otherwise use the Services, content or source code on any other website, other networked computer environment or in any medium now known or hereafter developed, or assist or enable or purport to authorize anyone to do any of the foregoing (each, an "Unauthorized Use"). Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of us and/or its licensors and content providers and constitutes a violation of these Terms. Any violation of copyright laws may be subject to severe civil and criminal penalties.
We claim no intellectual property rights over the information and material you provide through the Services. Your profile and materials uploaded by you ("Your Content") remain yours. However, if you set your pages to “can be viewed publicly” or give right to third parties to access Your Content, you agree to allow others to view Your Content and for us to store, transmit, use, retain and back-up a copy of Your Content.
Other than Your Content, you acknowledge that we are the sole owner of any intellectual property rights in the Services. Your use of the Services does not grant you ownership of any intellectual property rights in our Services or any contents that you may access. You may not use any logos, trademarks or branding or content that we use or make available in our Services without our explicit written permission.
You shall defend us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that Your Content, or your use of the Services is in violation of these Terms, infringes or misappropriates the intellectual property rights or other rights of a third party or violates applicable laws, and shall indemnify us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, us in connection with any such claim, demand, suit or proceeding; provided, that we promptly give you written notice of the claim, demand, suit or proceeding.
You acknowledge that your use of the Services includes delivery of messages and personal data, and agree to be bound by our “Privacy Notice” which shall be deemed an integral part of our Terms of Service.
Your personal data that we collect may be used and disclosed to third parties for the purposes specified in our Privacy Notice unless otherwise restricted by applicable laws. You can access our Privacy Notice at https://www.bumrungrad.com/en/privacy-policy.
We will retain your personal data by having security measures set out to ensure that it is protected from unauthorized or unlawful loss, access, usage, alteration, amendment or disclosure.
These Terms shall be governed and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions, and the Courts of Thailand shall have the exclusive jurisdiction to settle any disputes or claims that arises out of or in connection with theseTerms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement regarding the Services between us, and supersede and replace any prior agreements regarding our Service we might have between us.
The most-current, latest, and prevailing version of these Terms is available at Bumrungrad.com
. We may modify, update or replace these Terms from time to time and will endeavor to provide as much notice as may be reasonably practicable at our discretion. We will notify you of any changes by posting the new Terms at Bumrungrad.com
. You are advised to review these Terms periodically for any changes.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
If you have any questions or complaints about the Services, please contact us via the following channels:
BUMRUNGRAD HOSPITAL PUBLIC COMPANY LIMITED
33 Sukhumvit Soi 3 (Nana Nua), Sukhumvit Road, Khlong Toei Nua, Vadhana, Bangkok 10110
Email: [email protected]