TERMS AND CONDITIONS

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

By downloading, installing, and/or using the Platforms, 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 hereof, 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 Platform and Services (as defined below).

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

1. GENERAL MATTERS

1. All references under these Terms and Conditions:
  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 the Services;
  3. “Service Providers” shall refer to our authorized service providers or partners providing the Services through the Platforms, including, but not limited to, doctors, pharmacies, and healthcare professionals.
    
    “Platforms” means each of (a) both the web and mobile versions of the website operated and/or owned by GDT; and (b) the mobile applications made available from time to time by GDT, including the Android and iOS versions (including but not limited to webplugins & Grab Health).
2. The types of services that can be accessed through the Platforms are as follows:
  1. e-consultation;
  2. e-commerce;
  3. e-contents;
  4. profile management; and
  5. any other services that we may add from time to time.
    (each, a “Service” and together, the “Services”).
3. The Platforms serve as intermediary platforms connecting Users with Service Providers.
4. The Platforms allow Users to send a request for a Service to a Service Provider. The Service Provider, in its sole discretion, may accept or reject User’s request for the requested Service.
5. These Platforms and the Services do not constitute medical advice, diagnosis or treatment. Service Providers shall only provide general health guidance in accordance with the relevant type of Service and shall not provide any Service that may be considered as practice of medicine or the practice of any medical, nursing or other professional healthcare service. If a User has or suspects that it has medical problem or condition that requires emergency treatment, such User should contact a qualified medical professional immediately. Any decisions the User makes that affecting the User’s health should always be made in consultation with a doctor or qualified medical professional, and not on the basis of our Platforms.
6. All information and content provided by any User through the Platforms shall be under the sole responsibility of such User. However, GDT has the right to review and filter any such information or content, and remove such information or content as necessary if, in its sole discretion it deems such information or content to be against these Terms & Conditions, any applicable policies, laws or regulations.
7. We are a technology company providing communication platforms. We are not healthcare provider and do not practice medicine or any other medical profession.
8. The Service Providers are independent service providers or services facilities. No agency, partnership, joint venture or employment relationship is or shall be created by virtue of the Services and/or these Terms and Conditions. The Service Provider will not be considered as our employees for any purpose whatsoever and we will not be responsible for any acts, defaults, negligence and/or omissions of the Service Providers in relation to the Platforms and/or the Services.

2. ACCESS TO THE PLATFORMS AND SERVICES

1. You agree to:
  1. access the Platforms and/or the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the Platforms in good faith;
  2. comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the Platforms and/or the Services, as well as any amendments thereto issued by us from time to time; and
  3. ensure that any information or data you post or cause to appear on the Platforms in connection with the Services is accurate and up-to date.
2. Access to password protected areas of the Platforms and/or the Services are restricted to Users and Service Providers with “Good Doctor” accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platforms and/or Services, or to any other protected information on the Platforms, through any means not intentionally made available by us for your specific use.
3. By accessing the Platforms and/or the Services, you represent and warrant that you are an individual 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 below 18 years old and you are not married, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Platforms and/or Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease accessing the Platforms and/or using the Services.
4. You shall not use the Services on behalf of others except as stated in ( c ) above.
5. You will keep confidential and will not abuse the information you receive from using the Platforms. You will treat other Users with respect and will not engage in any unlawful, threatening or harassing behavior or activities whilst using or providing the Services, as relevant.
6. You understand and agree that your use of the Platforms will also be subject to our Privacy Policy as may be amended from time to time.
7. In connection with your use of the Platforms or the Services, or in the course of your interaction with us, another User or any other third party through the Platforms, you must not:
  1. breach these Terms and Conditions, the Privacy Policy or any other policy featured on the Platforms;
  2. violate any laws, regulations or third party rights;
  3. infringe GDT or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  4. act in a manner that is defamatory, libellous, unlawfully threatening or harassing;
  5. provide false, fraudulent, inaccurate or misleading information;
  6. unreasonably refuse to cooperate in an investigation by GDT or provide confirmation of your identity or other requested information to GDT;
  7. use an anonymizing proxy;
  8. control a User account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under these Terms and Conditions;
  9. use the Platforms as a means to distribute advertising or any other unsolicited material to any third party, to post chain letters or pyramid schemes, or to post same content more than once (spam);
  10. use the Platforms, your account or the Services in a manner that results in or may result in complaints, disputes, claims, fines, penalties and other liabilities to GDT, another User, 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 disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure;
  13. distribute viruses, trojan horses, worms, or other computer programming technologies that may harm the Platforms, or the interests or property of any other Users and any other third parties, including other users on the Platforms and of the Services;\
  14. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platforms or Services;
  15. distribute or promote obscene, pornographic, indecent or offensive material or any material that goes against any public policy and/or any applicable laws or regulations;
  16. by way of act or omission, do anything that may cause us to lose any services from our internet service providers, payment processors, or other suppliers;
  17. interfere with another’s utilisation and enjoyment of the Platforms or Services; or
  18. facilitate any illegal or unlawful or fraudulent activity of any nature
8. Any relevant User shall be fully and solely responsible for engaging in any of the restricted activities as set out under clause 2(G) above. If we reasonably suspect that you are engaging in any of the restricted activities as set out in clause 2(G) above, we may, without any liability to you, take the following action(s):
  1. report any suspicious or illegal activity to the relevant authorities;
  2. cancel or refuse any transactions;
  3. suspend or close any of your User accounts;
  4. apply, at our sole discretion, prevention and detection procedures and refuse the execution of transactions if there are grounds to suspect that a User account is being, or may be, used for illegal, unlawful or fraudulent purposes; or
  5. take further steps in our sole discretion, may deem necessary, including taking legal action against you.
9. In the event of the suspension of your User account, we will inform you of the suspension whenever reasonably possible, and provide you with the opportunity to request for restoration of access if and when appropriate. Any restoration of access shall be at our discretion and shall be subject to our prevailing policies and procedures as well as applicable laws.
10. If we close your User account, we will provide you with a written notice of the closure and the reason for such closure as soon as reasonably practicable.

3. GENERAL USE OF THE SERVICES

3.1 E-consultation

1. [E-consultation] is a Service provided by doctors and healthcare professionals as the Service Providers on the Platforms, to connect Users with Service Providers through the Platforms enabling consultation between the Service Providers and the 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 which requires prompt handling or physical examination by doctors;
  2. this Service will not be used to obtain or to provide any medicine dispensation in any form;
  3. this Service should not be considered to replace any physical examination, diagnosis or treatment by a doctor or other healthcare provider;
  4. Users are fully responsible for any decision they make following their communication with any Service Providers, including in undertaking any suggested medical treatment following their communication with any Service Providers;
  5. Users are fully responsible for any decision they make following their communication with any Service Providers, including in deciding on the purchase of recommended drugs, either in whole or in part, where the partial purchase of the recommended drugs may affect the effectiveness of the Service Provider’s recommendation.
  6. Service Providers are fully responsible for any information and guidance they provide in its communication with Users including any misdiagnoses, acts, omissions or any consequences that may arise from such information or guidance; and
  7. Our responsibility is only to provide the technology facilitating communication and interaction platform between the Users and the Service Providers. We make no warranties in relation to the output of information provided through E-Consultation services.
3. [E-consultation] also contains ‘paid consultation’ features which will subject Users to a fee in order to access these features through the Platforms. The fee will be determined by GDT from time to time.
4. The rates that apply to access the ‘paid consultation’ features (or to access any other payable features through the Platforms from time to time) can be found on the Platforms. We may modify or update such rates from time to time.
  
  We will not issue refund or requests for cancellation of transactions for E-Consultation session once the session is expired or completed.

3.2 E-commerce

1. E-commerce is a Service provided by pharmacies as the Service Providers on the Platforms, to connect Users with Service Providers through the Platforms enabling sell and purchase of pharmaceutical products.
2. In using this Service, you agree that:
  1. information of pharmaceutical products provided under this Service is published by Service Providers to assist Users in selecting pharmaceutical products offered by such Service Providers which they may consider suitable to their healthcare needs. Such purchase of pharmaceutical products by the Users from the Service Providers shall be made through the Platforms facilitated by GDT. Users are fully responsible for any decision they make in selecting the products offered by any Service Provider. Service Providers are fully responsible for any products it offers to Users, including to the display of product details, description, price and other information related to such product, and in providing the appropriate guidance in its communication with Users;
  2. all information on the availability, description and/or other information relating to any pharmaceutical product on the Platforms are under the full responsibility of the relevant Service Providers. We will not be responsible for any incorrect description or information of any pharmaceutical product of the Service Providers’ offered through the Platforms; and
  3. the pharmaceutical products purchased by Users from the Service Providers will be delivered by our logistic partner. The Service Providers shall be fully responsible over the products, including in the packing of such product to be delivered by our logistic partner, up to the handover of such product to the logistic partner. The third party logistic service provider shall be fully responsible over the safety and condition of the package as of the handover of products from the Service Providers up to the delivery and acceptance of products by the Users. The delivery of all products to the Users shall be packaged in a closed container and shall be properly documented in accordance with the prevailing laws and regulations and as may be required by us from time to time.
  4. You acknowledge that your medicine recommendation information will be shared with our Service Providers for the purposes of carrying out the transaction.
  5. Product images on the Platforms are illustrations and we do not enable the ordering of Products accurately reflecting their colours as shown on the Platforms.
  6. You acknowledge that you understand and aware of all possible effects and as a result of the consumption and usage of the medicines that you purchase from the Platform.
3. Return and Refund
  1. You shall examine the goods upon delivery for any deficiencies and/or damages. If any product is found to be expired, missing, incorrect or damaged after receiving the order, claims for return and refund (if any) must be lodged to our Customer service via the ‘Contact Us’ in our Platform or call 021-50996900 or by email at support@gooddoctor.co.id ,within the next 2 working days from the date of delivery; otherwise we shall have the discretion to refuse your request and claims, after 2 working days from the date of delivery. All requests for refund will be reviewed on case-by-case basis and subjected to our approval. Other than the conditions stated herein, all products sold including E-consultations are non refundable.
  2. We reserve the rights to reject any exchange or refund for opened or used product. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
  3. For all returns and refund, the product is required to be in its original packaging and in good condition.
  4. Notwithstanding the foregoing, medications and hygiene-sensitive products are personal to the person for whom they are intended and therefore may not be returned and no refunds will be given for medications and hygiene-sensitive products once the order is placed.
  5. Product that has been approved by us for refund will be refunded at the price value per order confirmation.

3.3 E-contents

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

3.4 Profile Management

1. Profile Management is a feature offered on the Platforms enabling Users to keep track of its activities on the Platforms, including displaying summary of consultations under the [e-consultation] feature and purchases of pharmaceutical products under the [e-commerce] feature made through the Platforms.
2. In using this Service, you agree that we will keep record of your activities in the Platforms for the purpose of publishing summaries 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, up-to-date and complete personal information that we may request to you from time to time, including but not limited to your name, address, telephone number, date of birth, and email address. In the event of any change in your information, please notify us as soon as possible.
2. We may request for 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, either limit your access to the Platforms and/or the Services, or suspend or close your account.
3. Only you may use your own account and you undertake not to authorize others to use your identity or account. You may not assign or otherwise transfer your account to any other parties. You must keep your account password and any identification we provide you secure and confidential. In the event your password is disclosed to any third party and such disclosure causes any illegitimate or unauthorized use of your account or identity, orders generated from such illegitimate or unauthorized use will still be deemed a valid order, unless you can demonstrate that such disclosure was not caused by any of your acts, defaults, negligence and/or omissions.
4. All personal data that you provided will be collected, handled, stored, and processed according to our Privacy Policy. By accepting these Terms and Conditions, you also agree to give your consent as required under our Privacy Policy.
5. You are solely responsible for keeping your username and password to the Platforms and Services secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password caused by any of your acts, defaults, negligence and/or omissions. If your username or password has been compromised, you must inform us in writing immediately.
6. Any use of your username or password on the Platforms shall be deemed use of the Services. Any information, data, or communication posted, transmitted, or issued during the period where you are logged in with your username and password (whether authorised or unauthorised) shall be deemed to be posted, transmitted, or issued by you. You will be solely responsible for any such transmission, notice or communication and agree to indemnify and hold harmless GDT from any loss, damage, expense, and/or liability for actions attributable to the use of your username and password on the Platforms, unless you can demonstrate that such use was not caused by any of your acts, defaults, negligence and/or omissions.

3.6 Payment

1. The download and/or use of the Platforms are free of charge. We may charge Users for access to certain features offered through the Platforms. However, the internet connection required to access the Platforms and/or to use the Services, and any associated charges (e.g. mobile data expenses) incurred by your access to the Platforms and/or the Services are your exclusive responsibility and made solely at your expense.
2. The payment to access the ‘paid consultation’ features and any other paid features that may be available on the Platforms from time to time, together with any related taxes and possible transaction fees, may be charged to the Users through a third party payment provider. The fees and charges that apply to any features can be found on the Platforms and those 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 of your making payments or receiving payments (such as in the event of any refunds), as may be applicable. We are not responsible for any breach of privacy or security arising from or in connection with any payment process by the third party providers. We may store bank account details, credit card details or that of any other online payment methods you may choose to use.

3.7 Availability of Services

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 Platforms or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platforms or any part of the Services.

4. LINKS TO THIRD PARTY WEBSITES

1. The Platforms 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 available for your convenience and are intended only to enable access to these third party sites and for no other purpose.
2. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any third party site or its content. A link to a third party site on the Platforms does not constitute sponsorship, endorsement, approval or responsibility for any third party site. We make no representation or warranty as to any products or services offered on any third party site.

5. NO WARRANTIES

1. We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services and/or Platforms, including but not limited to, the Services obtained by or from Service Providers through the use of the Platforms.
2. To the extent permitted by applicable laws, we do not represent or warrant that:
  1. the use of the Services and/or Platforms will be secured, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  2. the Services will meet your requirements or expectations;
  3. any stored data will be accurate or reliable;
  4. the quality of any products, services, information, or other materials purchased or obtained by you through the Platforms will meet your requirements or expectations;
  5. errors or defects in the Platforms will be corrected; or
  6. the application or the server(s) that make the Platforms available are free of viruses or other harmful components.
  7. any loss of access to or use of this Platform, howsoever caused; and
  8. any decision made or action taken by you or any third party in reliance upon the information and content.
3. The information, content and Services are provided to you strictly on an “as is” basis. To the extent permitted by applicable laws, all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. By using and accessing the Platforms, You acknowledge and agree that the entire risk arising out of your use of the Platforms and Services remains solely and absolutely with you and you will have no recourse whatsoever to us.

6. EXCLUSION OF LIABILITY

1. We are not liable for any injury, death, damage or loss suffered by Users caused by the conduct of any Service Providers or any other third parties.
2. We employ appropriate and reasonable technical and security measures to keep the Platforms secure and virus and error free. However, as effective as this technology is, no security system is impenetrable. We therefore cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us. We will notify you in writing in the event of a data security breach involving your personal information.
3. The Platforms may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Service Provider being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
4. GDT and/or its licensors, affiliates, and each of its members, officers, directors, commissioners, employees, attorneys and agents (“Indemnitees”) shall not be liable to you for any loss, cost, expense (including legal fees and expenses), damage, penalties or settlement sums whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly from your use of the Platforms.

7. INDEMNIFICATION

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

8. INTELLECTUAL PROPERTY

1. The intellectual property in and to the Platforms and the materials are 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 Platforms, or the materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any server, system or equipment without our prior written permission of the relevant copyright owners.
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 a meta tag or as a ‘hot’ link to any other website) any trademarks displayed on the Platforms, without our written permission (or that of any other applicable trademark owner, as may be relevant).
4. You grant us the rights to use the materials or information that you submit on the Platforms and/or provide to us, including but not limited to questions, reviews, comments, and suggestions. When you post comments or reviews to the Platforms, you also grant us the right to use the name that you submit or your username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise 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 submissions.

9. TERMINATION

1. You may stop using the Platforms at any time by cancelling your account and stop accessing the Platforms, thus disabling your use or provision of the Services.
2. We reserve the right to immediately suspend, restrict or terminate your use of the Platforms and/or use or provision of the Services if we suspect that you have breached or violated any provision of these Terms and Conditions or the prevailing laws and regulations.
3. We and each User agree to waive the provisions in Article 1266 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) to the extent that a judicial decree or approval is required for the termination of these Terms and Conditions.

10. MISCELLANEOUS

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 the applicable law, may not be deemed to constitute a waiver with respect to any subsequent breach of any provision hereof.
2. These Terms and Conditions have been prepared in both English and Indonesian languages, both of which shall be binding on you and us. In the event of any inconsistency between the Indonesian language version and the English version, the English language version will 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 Centre (“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 the arbitration shall be Jakarta. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English language.
4. These Terms and Conditions may be modified from time to time. Any modifications to these Terms and Conditions will be posted on the Platforms. The continued use of the Platforms will constitute your consent to and acceptance of any such modifications.

Table of Contents