Terms of Service
Bumrungrad Hospital Public Company Limited, a company registered under the laws of Thailand ("us", "we", or "our"), operates a suite of health information services available on Bumrungrad.com, Keyoniq.com, Vitallifeintegratedhealth.com, Esperance.com (each a "website") and the Keyoniq application downloadable from the Apple Store and the Google Play store (collectively "Services" and each service "Service") . In order to sign up for and use any of the Services, you need to agree to these Terms and Conditions ("Terms"), so please read them carefully. If you accept these Terms, you acknowledge that you have read, understood, and are deemed to have agreed to be bound by and comply with these Terms. If you disagree with any part of these Terms, then you may not use any of our Services.
B. Software License
To experience the full benefit of the Services, you may need 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 purposes of using the Services as permitted by these Terms.
C. Limited Rights to Use Service
You may use the Services only for the intended purposes and in any case only as permitted by applicable laws and regulations and these Terms.
Your use of the Services does not grant you ownership of any intellectual property rights in our Services or any content that you may access. You also may not use any logos, trademarks or branding or content that may be used or made available in our Services without our explicit written permission.
We may modify, suspend or stop providing any part or all of the Services at any time. We will aim to provide as much notice as may be reasonably practicable at our discretion.
You may not directly or indirectly copy, modify, distribute, sell, translate, adapt, disassemble, reverse-engineer, extract the source code from, lease, license or transfer communicate, 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 content or source code, or software provided by us, or otherwise use the Services, content or source code on any other web site, 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 Bumrungrad and/or its licencors and content providers and constitutes a violation of these Terms. Any violation of copyright laws may be subject to severe civil and criminal penalties.
1. You must be 20 years or older or attain majority under applicable law to use this Service. If you are under 20, you must the consent of your parent or legal guardian to use the Services.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person - a single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all content posted and activity that occurs under your account.
7. You may not use the Service directly or directly for, or to facilitate, any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
D. Communications and Actions by the Services
As an information service, the Services also need to communicate with you. You therefore agree that we will be, and you consent to us, sending you messages relevant to your use of the Services.
In addition to communications that are intrinsic to the Services, we may also send you administrative and service messages, announcements about the Services (including new features and/or components) and other information.
We may offer, from time to time, login to the Services through third parties such as Facebook or Google. If you choose to do so, you do so at your own risk and we cannot be responsible for any data you have transmitted to such third parties.
E. Modification & Termination
We continually make changes and improvements to the Services and will aim to provide as much notice as may be reasonably practicable at our discretion. This includes adding or removing functionality or features.
We may terminate or suspend 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; if we determine in our sole discretion that your use of the Services is abusive in any way.
Otherwise, you may terminate your use of the Service by cancelling your account and using the service termination feature on the software. After termination, none of your information will be accessible to you and you are solely responsible to steps to retain your information before termination. This does not interfere with your right under applicable personal data protection law, as applicable.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
F. Third-Party Content
Our Services may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
G. Warranties & Disclaimers
Our Services are built using commercially reasonable efforts, but we make no general or specific promises about the Services or the possible results or outcomes 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 law, 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 provided as part of the Services is for informational use only and is not medical advice. You agree that you will not act on it without the appropriate advice from a qualified medical physician.
You assume the risk of electronic communications. You acknowledge and agree that your access to and use of the Services is at your own sole 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 is any cost of cover, repair or rectification.
To the fullest extent permitted by applicable law, the Services are provided "As Is" and "As Available" without warranty of any kind. We and our affiliates and licencors disclaim any and all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, any warranties and/or conditions of merchantability, fitness for a particular purpose, satisfactory quality, accuracy and non-infringement of third party rights.
We and our affiliates and licencors 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 defects, bugs, flaws, errors or issues 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, and you acknowledge and agree that you will not rely on any such information or advice.
H. Exclusion and Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR AFFILIATES, LICENSORS, CONTRACTORS, AGENTS OR PRINCIPALS 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 will not liable for any loss or damage that is not reasonably foreseeable.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
I. Copyright and Content Ownership
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 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.
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 Service in violation of these Terms, infringes or misappropriates the intellectual property rights or other rights of a third party or violates applicable law, 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.
Other than Your Content, all intellectual property rights in connection with the Services and any documentation relating to the Services, including data and information provided to you as part of the Services and aggregated content as part of a database arising from the Services, remain the property of us.
J. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions.
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 between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The most-current latest and prevailing version of there Terms is available here: Bumrungrad.com. We may modify, update or replace these Terms from time to time and will aim 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.
2018 Bumrungrad Hospital PCL. All rights reserved.