Terms and Conditions of YesDok

 

Under these General Terms and Conditions (“AGREEMENT”), unless otherwise specified in accordance with the sentence, the following phrases shall have the following definitions:

A.  DEFINITION

“YesDok Application” means an application that serves as a means of health consultation and mobile phone based health information through video conversation, voice conversation, and text.

Application Provider” / “Service Provider” is a company that manages the “YesDok Application” service, namely PT. Yes Dok Indonesia domiciled in Kirana Butique Office F3/11 Kelapa Gading, North Jakarta.

YesDok Doctor” is a physician providing consultancy services for “Application User” through the conference video consultation services, telephone conversations and text conversations.

User/Application User” means individual who has the right to conduct a medical consultation with a doctor provided by the “YesDok Application”.

Diagnostic Estimation (Pre-diagnosis)” is the alleged/estimated result of diagnosis taken only based on complaints and symptoms of consultation results provided by the Application User to the physician/doctor. In this case the limitations of diagnostic is recognized and the estimates need to be confirmed by physical examination by the doctor directly (Hands On) or required supporting examination.
The diagnostic estimation is not a definitive diagnosis nor a working diagnosis or occupational diagnosis. Diagnostic estimates can not replace the provisional diagnosis or a definitive diagnosis or occupational diagnosis.

Healing Estimation” is an estimation of the condition improvement or healing of “Application User” based on the science and theory in accordance with existing conditions which is only based on the consultations results submitted by the Application User to the doctor. The occurrence of development or change is highly possible in a state of illness or condition and is not the responsibility of YesDok Doctor Partners nor “Application Provider”.

Medicine recommendation” is the medication advice for first aid, temporary relief or simply reducing the symptoms only. It is not a definitive therapy and can not replace the main therapy. The prescribed drug (medicine) is a general medicine that can be purchased without physician general prescription.

Account” means the account opened by “Application User” to receive the “YesDok Application” service.

Account Holder” means any individual, company, firm, partnership, community association, government department or other entity that has entered into an agreement with YesDok that activates the “Application User” and the Service to be used.

Connection failure” is the condition of interaction failure between YesDok Doctor and Account Holder due to weather, fluency or coverage of signal or third party which is telecommunication service provider.

Confidential Information” means any information that has been determined in writing as confidential or limited or, when given verbally, it must be promptly confirmed in writing that such information is disclosed as confidential or limited information or or with other manners by the information providing Party to the Receiving Party and, including any Personal Data as defined in this Agreement, all Customer’s information (including consultation pattern, details, amount, consultation time or consultation duration), any details (including contact details, phone number, network configuration, location information, invoicing name, credit history and other payment details).

Intellectual Property Rights” means all Intellectual Property Rights which are not limited to the right to patents, trade secrets, service brand, trade mark, registered designs, copyrights as well as any other forms of intellectual property or industrial property, knowledge, invention, formulation, secret or limited process, and any other protected rights and assets and any licenses and permits in connection to them, which any part of them worldwide and those that either be registered or unregistered or which may be registered or not and for a full period of time, and all renewals and updates, and all applications for registration in connection with the aforementioned.

B.  REQUIREMENTS

This Agreement is bound by the laws of the Republic of Indonesia that in order to use the “YesDok Application”, “Application User” should at least 18 years of age or married and is not under guardianship. If this provision is breached by “Application User”, then the “Application Provider” reserves the right to cancel the AGREEMENT.

The Children under 18 are required to review this AGREEMENT together with their parents or legal guardians in order to ensure that the children and parents or legal guardians are legally competent to comprehend. “Application User” who intentionally falsify/duplicate his/her account identity while using the app, then in case of any future problems or disputes, “Service Provider” shall be exempted from any claim or indemnification and also reserves the right to take action accordingly if suspected fraud arises from “Application User” that disadvantage the “Application Provider”.

If “Application User” is registered on behalf of a legal entity, “Application User” also declared that it is willing to bind such legal entity to this AGREEMENT.


“Application User” is required to read and understand all the terms and conditions of this AGREEMENT before using the “YesDok Application” service facility. By using the “YesDok Application”, “Application User” is deemed to have accepted and agreed to all terms and conditions in the AGREEMENT for using and accepting services and access to all contents and service facilities contained in the “YesDok Application”.

This AGREEMENT shall be governed by the law of the Republic of Indonesia and “Application User” shall be subject to all applicable laws and regulations of Indonesia. The PROVIDER reserves the right at any time to change, remove as well as to enforce the new terms and conditions in the revision of this AGREEMENT.

All YesDok users are required to read carefully all the terms and conditions contained in these terms and conditions documents before using YesDok and its features. For any Users who do not agree to the terms and conditions stated in this document, then those Users are expected not to use YesDok and its features. For all users who have read this document and have used YesDok and its features then those Users are directly deemed to have agreed to be bound by (subject to) all terms and conditions stated in this document.

The terms and conditions contained in this document may be changed or updated by YesDok or YesDok Indonesia without prior notification to the User. At the time of any renewal or amendment to the terms and conditions, the applicable terms and conditions shall be all terms and conditions written in the current document.

Therefore, the User is required to continue to update any information in connection with the applicable terms and conditions by regularly opening the terms and conditions page document on YesDok. If the User continues to use YesDok and its features, then the user shall be deemed to have directly agreed to be subject to any changes to the terms and conditions.

C.  APPLICATION SERVICES

“YesDok Application” provides consulting services to “Application User” through the following inherent facilities:

         General Practitioner/Doctor Consultation. This Platform allows “Application User” to have a direct communication to the General Practitioner of “YesDok Application”. The Practitioners/Doctors provided for general practitioners’ consultation are those who are permitted to conduct medical consultations without have to being specific to have a particular specialty, it is possible to consult on general health issues of “Application User” for all ages

D.  GENERAL PROVISIONS

“Application User” shall be informed that any information of any forms, including without limitation the video, audio, pictures or writings contained in the “YesDok Application” have their respective copyrights and intellectual property rights.

“Application User” is required to respect the rights of the inventor and/or the copyright holder as governed by applicable laws and regulations. When accessing and using the “Application Services” includes any facilities and services,

“Application User” is not allowed:

§   Transferring the “Account” of “Application User” to others without the consent of “Application Provider”, spreading viruses, spams or other similar technologies that could damage and/or harm the “YesDok Application”.

§   Entering or transferring any features in “YesDok Application” without the consent of “Application Provider”.

§   Placing any information or other applications that are infringe the intellectual property rights of others in the “YesDok Application”. Retrieving or collecting personal data from other “Application Users”, including email addresses, without the consent of the “Application Users” concerned. Using “YesDok Application” for illegal purposes. Using the “YesDok Application” to distribute advertisements or other unwanted material.

§   By continuing to use the “YesDok Application”, “Application User” shall be deemed to have read, understood and agreed to the provision of “YesDok Application” on the Privacy Policy governing the filling of personal information of each “Application User” into the “YesDok Application”. “Application User” is also deemed to understand that “Application Provider” has the right at any time to add, remove and modify the terms of this Policy.

§   By continuing to use the “YesDok Application”, “Application User” acknowledges and agrees that the rates as listed on the “YesDok Application” may change at any time, the change of rates will be listed before “Application User” is using “YesDok Application”.

All “Application Users” are required to comply with all applicable rules and regulations including legislation governing the electronic information and transactions.

All “Application Users” are responsible for all content uploaded. All “Application Users” are expected not to share any personal information to other users or publish personal information in the uploaded content because “Service Provider” is NOT responsible for the misuse of such information as a result of “Application User” action,

All “Application Users” shall be required to uphold the ethical conduct in using the Internet and shall not take any action of spamming or unsettling other ““YesDok Application Users”.

All “Application Users” are PROHIBITED to upload/deliver any contents (verbal/written/action) that are vilifying, offensive, inappropriate and abusive to other “Application Users” or other entities, whether individuals, groups or organizations, other copyright violated content belonging to others, sacrilegious/immoral and pornographic content, SARA (Ethnic, religious, racial, and intergroup relations) offensive content that may trigger any conflicts for both Users and other entities. During consultation, recording feature will always be activated for patient and doctor protection. If “Application Users” violates this clause, “Service Provider” has the right to block the concerned account.

All health content presented by “Service Provider” is for information and education purposes, NOT as a substitute for direct face-to-face examination with healthcare professionals, both in terms of diagnosis and treatment of existing disease conditions.

In order to confirm the diagnosis, the handling of disease condition, the User should continue to see a doctor or other healthcare professionals. “Service Provider” does not guarantee the cure of “Application User” and shall not be liable for the deterioration of the conditions and death of “Application User” caused by the actions and behavior of “Application User” itself.

Having the disagreements among physicians or other healthcare professionals who have consulted with “Application User” with the health information provided by “Service Provider”, then the “Application User” shall re-communicate the matters to a physician or healthcare professional who is dealing with “Application User” because the information provided by “Service Provider” does NOT replace the direct physical examination process by a physician/doctor nor other professional healthcare professional. Consequently, “Service Provider” shall be entitled to be exempt from any claims or damages that may occur in the future arising from “Application User” disregarded this provision.

The contents published by “Service Provider” may contain sexual elements for the purposes of sexual health information and education. This content is not intended to be pornographic and porno-action.

“Application User” is prohibited to copy-paste, publish, display all health contents contained in YesDok both that is freely accessible and the content that is restricted to all media other than YesDok, whether printing or digital media or audio/video media without prior written permission or agreement from the YesDok.

Should there any violation to this provision, then YesDok shall be entitled to claim compensation against infringing “Application User” and the access of “Application User” concerned will be permanently frozen/suspended.

All YesDok personnel are REQUIRED to keep all information of “Application User” confidential and the are also PROHIBITED to disclose this confidentiality to any party for any reason other than in case of legal investigation.

E.  TRANSACTIONS

The “Application Provider” provides the pricing terms agreed upon by “Application User” as the cost of a doctor’s consultation, by a payment method through an “Application Provider” account which value will be visible in real time at any time and “Application User” may add that value at any time- time.

“Application User” may conduct the transactions by the method of filling in any amount of funds through an account owned by “Service Provider” on behalf of “Account Holder” and “Service Provider” shall deduct a certain amount in accordance with the value incurred on a transaction with the agreement seen on “YesDok Application” prior to deducting the value of funds held by “Account Holder”

The “Application User” through the company conducting consultancy fees coverage may also make transactions by registering “Account Holder” binding on “Account” of certain companies that already establish cooperation with the “Service Provider”

“Application User” who is using account funded by the company/sponsor shall then agree that the results of the consultation will also be known to the company/sponsor concerned.

“Application User” may also make a payment method through a third party via credit card by giving information and permission to “Application Provider” to be used to deduct at the cost of “Application User”.

If the “Application User” suspects any unusual activity in connection with the “Application User” account, then “Application User” concerned may immediately contact the “Application Provider” so that “Application Provider” may take immediate appropriate action, including suspending any transactions originating from “Account Holder”. “Application Provider” may also take the deferral action of the transaction independently on the identification basis.

F.  RESPONSIBILITY OF THE PROVIDER

The “Application Provider” shall not be liable for any direct or indirect, material or immaterial damages, deaths or losses arising from the use of “YesDok Application” by the “Application User”, nor for any claims relating to the use of the “YesDok Application” by “Application User”. “Application Provider” shall not be liable for any direct nor indirect injury, death or loss caused by the interaction between “YesDok Doctor” and “Application User”.

The “Service Provider” shall not be liable for any mistakes/errors or criminal acts committed by “YesDok Doctor” during the implementation of the Service. In this case, the Doctor is merely a partner of “Service Provider”, not an employee, agent or representative of the “Service Provider”.

“Service Provider” shall not be liable for any contents and/or statements in the conversations made by “Application User” with “YesDok Doctor” via video conversation, phone call or text communication facilities under “YesDok Application”, it is a private consultation between “Application User” and “YesDok Doctor” and is obviously beyond the “Service Provider” control authority.

In the event that a legal issue concerning the contents and/or statements of the conversation between the “Application User” and the Doctor in the facility arising in the future, then it shall be sole responsibility of the “Application User”, and “Application User” shall waive/exempt the “Service Provider” from any and all claims, indictments and legal consequences;

G.  MEMBERSHIP RULEs

“Application User” may provide information regarding personal data and medical history, and “Service Provider” will store and display them in the “Application User” account. The confidentiality of “Application User” data is guaranteed and it will only be used for interaction with “YesDok Doctor”. The conversation of “Application User” with “Yesdok Doctor” in “YesDok Application” is automatically saved and stored for legal purposes and to improve service quality.

By using the “YesDok Application”, “Application User” understands that the conversations via video consultation, telephone conversations, or text communication facilities will be recorded and “Application User” is available/willing for recording. The confidentiality of “Application User” data is guaranteed and the information will not be disseminated. “Application User” is required and shall be deemed to have read, understood and complied with the Terms and Conditions and the Privacy Policy applicable to the “YesDok Application”. “Application User” is required to provide actual personal information.

Additionally “Application User” is also required to provide actual contact details. “Service Provider” reserves the right not to process “Application User” registrations that do not meet the requirements or that are suspected not providing actual information. “Service Provider” reserves the right to restrict or terminate “Application User” as “Account Holder” if “Service Provider” has reason to suspect that “Application User” violates the terms of this Agreement or applicable laws and regulations.

H.  INTELLECTUAL PROPERTY RIGHTS OF PROVIDER

is the sole owner of YesDok Name, icons and logos as well as the facilities contained therein are copyrighted and trademarks protected by the laws of the Republic of Indonesia.

It is strictly forbidden to use, modify, or posting such names, icons, logos or brands without the express written consent of “Service Provider”.

I.  NOTICE

All notices or requests for information to or in connection with “Service Provider” will only be processed if it is made in writing and sent to the “Service Provider” address at: Ruko Kirana Butique Office F3/11, Kelapa Gading, North Jakarta 14240. All notices and/or requests to or in connection with “Application User” will be processed when submitted directly, sent by courier, registered mail, or email address provided by “Application User” to the “Service Provider”

J.  QUESTIONS AND COMPLAINTS

If "Application User" have any issue / complaint in regards to consultation service, Report an Issue feature can be accessed on patients' Consultation Summary. Report an Issue feature is accessible within 7 days after consultation was made.

Should the “Application User” have any questions regarding this policy, the “Application User” may contact the “Service Provider” by sending an e-mail to help@YesDok.com

K.  PERSONAL DATA

“Service Provider” collects information provided by “Application User” when “Application User” creates the “account”, sends electronic mail to “Service Provider” or places/posts other information or contents in the “YesDok Application”. The identity information that are required to be filled by the “Application User” when making the “Account” on “YesDok Application” are: Full name in accordance with valid ID card (KTP or Passport), Place and date of birth (KTP or Passport), Electronic mail/e-mail address. Mobile Phone Number, Gender, Height and Weight.

The “Service Provider” reserves the right to collect information when “Application User” uses “YesDok Application”, including but not limited to: GPS location/coordinates (if “Application User” enable this feature), Internet Protocol (IP) address (if using browser), operating system, browser type, APPLICATION address as referrence as well as the Activity of “Application User” in APPLICATION. The “Application User” may enable or disable the location recognition service when “Application User” uses “YesDok Application”.

The “Service Provider” reserves the right to verify directly to “Application User” for any information regarding the personal data that have been submitted by “Application User” through the “YesDok Application”. By using the “YesDok Application”, “Application User” warranties that the information provided is accurate and correct. If the information provided by “Application User” is not true, then the “Service Provider” shall not be liable for any consequences that may occur with respect to the provision of incorrect information of “Application User”.

L.  VISITOR DATA

The “YesDok Application” will collect information regarding “Application User”, such as number of visits, source of visitor and visitor activity. This data is collected in order to improve the “Application User” convenience as well as to improve “Service Provider” services.

By using the “YesDok Application”, “Application User” is deemed to have agreed to allow the third party to use “Application User” data on the services required by “Application User”. Such third party shall include but is not limited to: “Application User” Insurance that will require proof of service provided and/or a medical report prior to payment to the “YesDok Application”.

The “Service Provider” shall not be liable for any contents on third-party Applications, including any impacts arising from accessing a third-party Application when on such “Application Service” concerned includes any links to other applications listed by “Service Provider”. However, when “Application User” use these links, “Service Provider” is not responsible for protecting the privacy and any information that “Application User” provides to the app.

“Application User” shall carefully review and read the personal information handling policies applicable to such third-party applications. For transaction payment purposes, “Application User” will be connected to the Application managed by a Payment Gateway party designated by the “Service Provider”. “Service Provider” guarantees the protection of “Application User” information provided for the purposes of such payment transactions.

M.  RESPONSIBILITY OF “Application User”

The “Application User” understands that “Service Provider” is merely an application service provider intended to provide the ease and convenience to “Application User” in consultation with “YesDok Doctor” any content and/or statements in a conversation made by “Application User” with “YesDok Doctor” in using the facility, is a private conversation between “Application User” and “YesDok Doctor” and it is obviously beyond the control of the “Service Provider”, in the event of a legal issue arising from contents and/or statements from the conversation between “Application User” and “YesDok Doctor” in the facility, then it shall be the sole responsibility of “Application User”, and “Application User” shall waive/exempt the “Service Provider” from all claims, indictments and legal consequences.

N.  SPECIAL PROVISIONS OF DOCTOR USER

All “YesDok Doctors” are professional healthcare professionals, the doctors or dentists or specialists MUST register and verify to “Service Provider” and have completed training and guidance by “Service Provider”

This registration is made by collecting the following information to “Service Provider”:

a.  Doctor’s Personal Data: Name, Gender, Age, Marital Status, Address, Phone Number, Email Address, ID or identity Number.

b.  Doctor Profile: general practitioner/ dentist/ specialist/ dental specialist, type of specialization, type of expertise, number of Registration Certificate, formal education history, training history and certification obtained, awards history.

c.  Doctor’s Practice Profile: the name of place of practice, the address of practice, schedule of practice (day and hour), the Practice Permit/License number, the type of health service served.

d.  Doctor’s personal photos

e.  Doctor’s Short narration

The collection of the above information, especially with regard to personal identification number, Registration Certificate number and Practice License number is intended to verify the physician/doctor personal who is signed up and using this service is indeed a true doctor and the doctor’s practice office is a place of practice that is already licensed and is the official place of healthcare service.

The “Service Provider” recognizes that this verification system is only a small part of the protection measures that can be done in the digital world. The existence of the efforts of irresponsible person(s) who caused the manipulation of data in any way so that the person (perpetrator) escaped from the verification system as already executed in accordance with the standard operational procedures of verification then the loss in the form of material or other forms that occur because the efforts of unscrupulous and irresponsible person, the “Service Provider” shall hereby be entitled to be released/exempted from any claims and damages arising out of this circumstance.

All information described above is confidential and “Service Provider” will ensure the security of the database containing the doctor’s information of YesDok user.

The “Service Provider” also provides “YesDok Doctor” user the opportunity to safeguard his/her personal information by using a password. The User of this password is fully responsible of “YesDok Doctor”. Any negligence of a physician/doctor user resulting in the disclosing of the password by another User or another entity causing the hacking of the User account, then the “Service Provider” shall not be liable to and shall be entitled to be exempt from any and all anti-loss claims in the future.

The Drug name writing in all content it is NOT allowed to specify a specific brand or product name. If it is necessary to include the name of the drug then it MUST use a generic name.

The types of questions served are health and medical related questions that are promotive, preventive, curative and rehabilitative in nature. Any other information relating to other health information will only be answered if the answer information is publicly accessible information, such as the question regarding the nearest hospital address serving the Healthy Jakarta Card (Kartu Jakarta Sehat/KJS).

Questions which answers contain opinion elements and contain information that can not be disseminated to the public will not be answered by consultation physicians/doctor, question such as the best cardiologist in Jakarta.

The Consultancy responder will NOT provide a working diagnosis or a definitive diagnosis. The only diagnosis that can be conveyed is an estimate diagnosis or possible appealed diagnosis.

The Consultancy responder will NOT provide a definitive therapy in the form of drugs or medical treatment because there is NO working diagnosis or a definitive diagnosis. The recommendations given are only temporary handling which is preferred without any medication and or the recommended medication is only a drug that is sold freely or can be purchased without a prescription in general legally.

The Consultancy responder can only provide advice or suggestion.

The Consultancy responder shall NOT promote nor discredit a particular brand or party.

All interpretations of the statements written in the outcome of the consultation are entirely the responsibility of the “Application User”. The “Application User” is strongly encouraged to always consult a family doctor or physician responsible for self-medication before starting, altering or terminating an ongoing treatment therapy.

All information provided in the answer to the question is NOT intended as a medical diagnosis nor medical therapy.

Inequality Statement: All health information obtained in a doctor’s consulting service on YesDok CAN NOT replace a physical examination by a doctor.

O.  SECURITY MEASURE

The “Service Provider” is committed to ensuring that the information provided by “Application User” to the “Service Provider” is safe and can not be used by irresponsible parties. By using the “YesDok Application”, “Application User” allows “Service Provider” to take any action deemed necessary to protect “Application User” information collected by “Service Provider” thru online/to prevent unauthorized access. “Service Provider” shall store the “Application User” personal data in the database server of “Service Provider”, both at home and abroad in order to provide maximum protection from the misuse or omission of “Application User” personal data.

P.  FORCE MAJEURE

It is any cause which is beyond the reasonable control of any party affecting the exercise/implementation of obligations of the party under this AGREEMENT, but not limited to, natural disasters, civil unrest or riot, war or military operations, national or local emergencies situation, action or waiver of the government, industrial disputes, fire, flood, lightning, explosion, land subsidence, bad weather and acts or omissions from persons or entities beyond the reasonable control of each party.

Q.  CLOSING

The Relationship of “Service Provider” with “Application User” is an independent relationship and has no relationships of agency, partnerships, joint ventures, employee-company or owner of franchise to be made or created under this AGREEMENT.

The title in this Agreement is made only as a reference, and by no means establishes, limits, explains or specifies what is contained in the article. The “Service Provider” reserves the right to investigate and claim the rights of “Service Provider” for any breach/violation to this AGREEMENT to the extent allowed and permitted by law.

The “Application User” hereby acknowledges that “Service Provider” reserves the right to monitor the access of “Application User” and the site and APPLICATIONS in order to ensure the compliance with this Agreement, or to comply with any applicable regulations or orders or requirements of the courts, administrative or others governmental bodies.

This AGREEMENT shall be governed by and shall be construed and executed in accordance with the laws of the Republic of Indonesia. Any dispute relating to this AGREEMENT shall be settled by deliberation for consensus or through the Indonesian National Arbitration Board (BANI), in accordance with the applicable procedures at BANI. If both parties do not agree to resolve the dispute in BANI, then the dispute will be settled through the District Court.

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