- Platform and Application Usage Rules
- Third Party Services
- Intellectual Property, Copyright and Trademarks
- Limited Warranty
- Limitation of liability
- Indemnification and Release
- Jurisdiction and Governing Law
- Release for Force Majeure
- General Provisions
- Restriction of Access to the GoConsult platform
The GoConsult platform provides :-
For healthcare consumers,
The platform provides a mode of communication with their physician, medical specialist or healthcare provider when away from the consultation venue. The GoConsult platform provides accessibility to his/her healthcare consultant’s availability and provides a SECURE direct line to the doctor via Voice Over Internet Protocol (VOIP), text and voice messaging services (video consultation services will be available soon. The GoConsult Platform’s chief goals are to :-
- Reduce costs
Costs incurred for travel, parking can be eliminated with the use of the GoConsult Platform.
- Save Time
Most Follow up consultations / Discussion of Test Results can be discussed via our mobile platform, without the need to visit the consultation venue.
- Improve accessibility
Information pertaining to your doctor / healthcare provider’s availability, consultation hours are readily available through the GoConsult Platform. If your doctor is unavailable, we provide a SECURE text and voice messaging service. As such, your healthcare consultant will be able to view / listen to your message and respond once he/she is free to do so. Simple queries such as confirmation of appointment times, clarification of medication dosage can be done in this manner, hassle free.
For healthcare providers
The platform (mobile application) enables you to be securely accessible to their patients, through mobile services enabling online consultations. The GoConsult Pro application (for Healthcare Consultants) also supports an online presence management for better patient engagement. Usage of the GoConsult Pro – Health Platform is covered by a separate user agreement, in addition to these terms. Patients of Healthcare Professionals using the GoConsult Pro- Health App, can engage with you, the healthcare provider through the GoConsult app (for Clients). GoConsult provides a secure line for Health Professionals to provide follow up consultations and interact with their patients when away from the consultation venue. When you are unavailable, the GoConsultPro- Health App doubles as an answering service for your practice. Patients will be able to record voice messages and send texts through a secure line, for your retrieval when time permits.
By registering, you agree that:
- You are above 18 years of age.
- You are not impersonating any other person and are using your actual identity.
- The personal information provided during the registration process is true, accurate, current and complete. For example, you may be required to provide your full name, email address, mobile phone number, location, date of birth, address and preferences.
- You are required to periodically review and update your registration data to ensure that it is always current and correct.
- Your username and password are unique to you, and you agree not to disclose or share your username and password to or with any third party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen.
- You also agree that you will be solely responsible for any activities conducted on or through GoConsult with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer. You hereby release and hold harmless GoConsult Sdn Bhd from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
- GoConsult Sdn Bhd reserves the right to deny or revoke access to anyone to GoConsult, or to any part thereof, at any time in its sole discretion, with or without cause.
- You are responsible for all activities that occur in your account and you agree to notify GoConsult Sdn Bhd immediately of any unauthorised use of your account. GoConsult Sdn Bhd is in no way responsible for any loss that you may incur as a result of any unauthorised use of your user account and password.
- GoConsult Sdn Bhd and the GoConsult platform does not provide Health services of any nature. The GoConsult platform and its apps are intended only as tools, which helps healthcare providers and their patients to collaborate in the healthcare of the patients, using scheduling, communication, reporting and data managing capabilities.
- If you are a healthcare provider you shall not register and use the GoConsultPro-Health App and services unless you are a licensed Health practitioner. You shall not use the GoConsultPro-Health App for any purpose other than providing services to patients seeking your services; The user account used to register for a GoConsultPro account is considered as the primary GoConsultPro account owner.
- All healthcare providers are bound by the GoConsultPro – Health (for Healthcare Providers) Terms agreement.
- All engagement between a healthcare consumer and a healthcare provider on the GoConsult platform are governed by the Patient Terms accepted at the time of the healthcare consumer’s registration as a patient with the healthcare provider’s practice.
- As a healthcare consumer you shall not use any service or information on GoConsult for any purposes other than managing your personal health information or that of your immediate family members (with their authorization where necessary) and/or to engage with healthcare providers with whom you have registered with as a patient for genuine healthcare requirements only.
- Your use and access of the GoConsult platform, its apps and services, is entirely at your own initiative and risk. You are solely responsible for compliance with local laws in your respective country with regard to the use of such services. GoConsult Sdn Bhd does not claim that the GoConsult platform is fully compliant for use within all the countries and territories from where it may be accessed.
- From time to time, some of our users do provide us with feedback on recommended changes and/or corrections to our platform and apps. Such recommendations are sometimes accepted if they fit in with our overall product roadmap. If you provide such feedback, you warrant that it not include any person or entity’s proprietary information. You also fully agree that GoConsult Sdn Bhd is not obliged to use or act on this feedback and even if does, it has full, royalty-free, perpetual, irrevocable, transferable and global license to use this feedback.
2. Platform and Application Usage Rules
While using GoConsult platform, its application, information and services, you agree and acknowledge that:
As a healthcare provider:
- You shall not use the GoConsultPro-Health App and any other services of the GoConsult platform for any purpose other than providing services to patients seeking your services
- GoConsultPro-Health services can be used only by licensed medical practitioners and medical establishments (with licensed medical practitioners) with the necessary licences and approvals to provide healthcare services to patients. It is the sole responsibility of the Healthcare Providers to ensure that they are in possession of the necessary licences required for all the services that they provide & that the necessary healthcare personnel and resources required to support such services are available.
- You shall maintain strict confidentiality of your patient data and not publish or distribute in any form, any information contained therein, and/or summaries or subsets thereof to any person or entity.
- You will be responsible for all the activities under your GoConsultPro-Health account. The GoConsult platform serves only as a technology enabler for the online healthcare services that you choose to provide. Any disputes between you and the patients will be dealt with by you directly. You shall have separate Patient Terms agreements with the Patients in your Practice and GoConsult Sdn Bhd will not be a party to such agreements. You agree to absolve GoConsult Sdn Bhd of all/any claims between you and your patients and/or end users. You are responsible for keeping the confidentiality of all information provided by the patient. GoConsult Sdn Bhd has no obligation or liability to monitor services within the GoConsult platform.
- GoConsult Sdn Bhd takes no responsibility for healthcare information that may be shared by healthcare providers through the GoConsult platform. Healthcare providers are completely liable to ensure that all communication is medically correct and that it causes no intended or unintended harm to its readers. All content you post shall not violate any law, or in any manner infringe or interfere with the rights of others or libel, defame any third party or is obscene or harmful/threatening/ abusive/vulgar/ inaccurate/racially, sexually, ethnically or are otherwise objectionable or constitute personal attacks on other individuals or infringe the intellectual property, trade secret or proprietary rights of any third party or promote criminal or other illegal activity. GoConsult Sdn Bhd has no obligation or liability to monitor communications within the GoConsult platform.
As a healthcare consumer:
- You shall not use any service or information on the GoConsult platform and its apps for any purposes other than to communicate or share personal health information , or that of your immediate family members (with due authorization) with healthcare providers that you have chosen to consult with for genuine healthcare requirements only.
- As a healthcare consumer, you understand that GoConsult Sdn Bhd and its GoConsult platform do not provide medical services of any kind and only enable your engagement with healthcare providers that you have chosen to consult with. GoConsult Sdn Bhd does not recommend or endorse any healthcare providers. Healthcare consumer users are solely responsible for making decisions on their choice of health providers.
- Your access or use of the GoConsult platform apps and services does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate GoConsult Sdn Bhd, to fulfil any duties towards meeting your health needs.
- You are expected to avail of immediate professional medical attention in medical emergencies or critical care situations and not attempt to use the GoConsult platform and its apps in such situations. The services enabled by the GoConsult platform and its applications is only meant to supplement your existing healthcare services and to enable you to collaborate better with your own healthcare providers, as decided by them.
- The accuracy, integrity and completeness of the personal health information you enter or allow to enter on your behalf is your responsibility, and GoConsult Sdn Bhd assumes no liability for it. GoConsult Sdn Bhd is also not liable for any use or misuse of information transmitted or received by a healthcare provider whom you have authorized to access or use your account and data on the GoConsult platform and its apps.
- Your use of this platform to engage with your healthcare providers is at your sole risk only. GoConsult Sdn Bhd shall not be responsible for any undesirable outcomes in your engagement with healthcare providers. GoConsult Sdn Bhd does not endorse, recommend or otherwise promote any healthcare providers.
- GoConsult shall not be responsible for ensuring that the health, fitness or nutritional information shared through the platform or in its services will always include the most recent findings or developments in medical research.
- By using the services of GoConsult, you unconditionally agree to receive certain essential automated SMS, mobile and email notifications relevant to system events from the GoConsult platform apps to the mobile number and email address you provided during registration, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services. Notification preference settings will be provided to allow turning off of non-essential/informative-only notifications.
- GoConsult Sdn Bhd is constantly updating the GoConsult platform and apps in order to provide the best possible experience for its users. The users acknowledge and agree that the form and nature of the services provided by the platform may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.
- You shall not use the GoConsult platform and its apps and services for any purposes other than those intended by GoConsult Sdn Bhd and as determined by GoConsult Sdn Bhd at its sole discretion.
- The GoConsult platform is only a means for Healthcare Providers and their patients to interact and to have a secure channel of communication for follow up consultations and healthcare monitoring and/or management. There is no employment (part time or full time), consulting, contractor, joint venture or agency relationship between GoConsult and the Clients or Consultants.
- You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our written permission. Violation of this policy may result in termination of your access to the GoConsult platform, deactivation or deletion of your registration and all related information.
- GoConsult Sdn Bhd reserves the right to modify and/or discontinue its services at any time, for any reason and without notice and to terminate your password and account for any reason, including violation of this agreement. On such termination, you shall have no more claims on your personal account on the GoConsult platform. GoConsult Sdn Bhd will not be responsible for providing this data in any form to your or to any third-party service or provider after such termination.
- You shall not misuse any services or information on GoConsult Sdn Bhd, in which event, GoConsult Sdn Bhd may take legal, technical and financial remedies to prevent the violation of this provision and to enforce these Terms of Service.
- You shall not attempt to circumvent any security measure put in place for the GoConsult platform users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by GoConsult Sdn Bhd, through hacking, password mining or any other means.
- You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
- You shall not attempt to access, access or obtain information regarding any account other than your own, by any means whatsoever. You may not use the GoConsult platform and its apps and services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services.
- You shall take utmost care to ensure confidentiality of your username and password and are liable for any misuse of your account.
- You acknowledge and agree that GoConsult Sdn Bhd may, as part of continuing innovation, stop (permanently or temporarily) providing the GoConsult platform, apps and services (or any features within) at GoConsult Sdn Bhd’s sole discretion, without prior notice. In case GoConsult Sdn Bhd becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, GoConsult Sdn Bhd reserves the right to re-brand or relocate the Services. If you are a competitor service, you shall not use this service as a user to study and copy features and services provided by GoConsult Sdn Bhd’s GoConsult platform, apps and services.
3. Data Transmission
- The GoConsult platform provides for the secure transmission of all data, including Personal Health Information (PHI), communications, usage data including but not limited to location, device type, operating system, browser, date-time and context usage, in HIPAA compliant cloud infrastructure. All transmissions are encrypted.
- By using the GoConsult platform, as a healthcare consumer you authorize the copying, transfer and disclosure of your health data to healthcare providers that you specifically choose to engage with and with whom you have registered as a healthcare consumer/patient. Your authorized healthcare providers have access to view and update your healthcare data in the course of providing you with healthcare services through the GoConsult platform.
- By using the GoConsult platform, all users authorize GoConsult Sdn Bhd to perform anonymized analytical procedures on all platform data, in a manner that does not disclose or utilize the identify of any user, to develop Analytics with non-identifiable data, to thus be able to improve and extend the GoConsult platform services based on such Analytics. As a user, you also authorize GoConsult Sdn Bhd to publish such non-identifiable Analytics derived from non-identifiable platform user data to promote the GoConsult platform and it’s use in enabling continuity of healthcare for healthcare providers and their patients.
- By using the GoConsult platform you agree to storage of your data in secure cloud infrastructure located anywhere in the world. GoConsult Sdn Bhd currently uses Twilio and Microsoft Azure services.
Healthcare consumers can register free on the GoConsult platform. As GoConsult Sdn Bhd does not provide healthcare services of any nature, all users must be clear that it does not charge healthcare consumers for such services.
Healthcare consumers will need to purchase credit to support VOIP consultations, text and voice messaging services in the GoConsult platform. Consultation charges are configured by the healthcare provider. Purchase of credit can be made online through the platform payment system. Invoices are available and can be sent by email upon request, for all payments to GoConsult Sdn Bhd for the purchase of credit. Detailed records of call logs and consultation charges incurred are available for perusal and can be exported to the email address provided during registration.
Refunds – Refund of purchased credits can be processed via a written request to GoConsult Sdn Bhd. GoConsult accounts that remain dormant for over a period of 12 months will be terminated and any credit remaining in these accounts will be refunded to their specified method of payment (i.e. paypal) minus a processing surcharge.
Healthcare providers can use the GoConsultPro-Health app for free but might need to subscribe to a pricing plan for continued usage of selected premium services, after the optional free trial period following their GoConsultPro-Health registration. Such payments can be made to GoConsult Sdn Bhd using online payment methods like credit card or Paypal through our secure payment gateway. Users can opt for automated renewal of their subscription or may choose to manually renew it at the end of every subscription period. It is possible for a healthcare provider to upgrade, downgrade or cancel a subscription in the middle of a subscription billing cycle. Upgrades or downgrades if any will be handled with corresponding adjustments in future subscription payments.
Refunds – There are no refunds for cancelled subscriptions in the midst of a billing cycle.
Healthcare providers can choose to configure payments for their online services such as VOIP consultations, question-based consultations, paid-appointment bookings, in-clinic consultations through the GoConsult platform. In order to do so, healthcare providers will also need to configure their online payment service of choice (limited to the options supported by GoConsult Sdn Bhd at any given time).
6. Third Party Services
GoConsult Sdn Bhd is not responsible for the accuracy and reliability of health data ready from health sensors and devices that the GoConsult platform and apps may interface with. This includes direct device interfaces and also account interfaces of third-party services that you as the user might authorize the platform apps to interface with. Such interfaces are not indicative of any endorsement or recommendation by GoConsult Sdn Bhd of those devices or services.
GoConsult Sdn Bhd is not responsible for any profile information or healthcare content published by healthcare providers in their own websites.
The GoConsult Sdn Bhd website and GoConsult apps and services may include links to other websites, possibly in content within the apps. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only. We do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these sites external to GoConsult Sdn Bhd.
8. Intellectual Property, Copyright and Trademarks
GoConsult Sdn Bhd’s GoConsult platform services, applications and website, all content and information, visual designs and branding created by and for GoConsult Sdn Bhd, and all intellectual property rights embodied therein, are the property of GoConsult Sdn Bhd and are protected by trademarks, copyrights, patents, proprietary rights and IP laws.
9. Limited Warranty
To the extent allowed by applicable law, implied warranties on the Software, GoConsult Sdn Bhd software and services are provided without any warranty of any kind, and GoConsult Sdn Bhd hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. GoConsult Sdn Bhd makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
10. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOCONSULT SDN BHD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOCONSULT SDN BHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY CHANGES WHICH GOCONSULT SDN BHD MAY MAKE TO THE SERVICES (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vi) ANY OTHER MATTER RELATING TO THE SERVICE.
THE LIMITATIONS ON GOCONSULT SDN BHD’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT GOCONSULT SDN BHD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Indemnification and Release
GoConsult Sdn Bhd reserves the right to modify and/or discontinue its services at any time, for any reason and without notice including but not limited to violation of this agreement. You may also terminate your account with GoConsult Sdn Bhd at any time for any reason by informing GoConsult Sdn Bhd.
On such termination, you shall have no more claims on your personal data stored on GoConsult Sdn Bhd or any response/content posted by you or on your behalf on any other user/ Healthcare Provider, current or terminated, that you may have interacted with through the GoConsult platform and apps. GoConsult Sdn Bhd will not be responsible for providing this data in any form to you or to any third-party service or provider.
13. Jurisdiction and Governing Law
14. Release for Force Majeure
GoConsult Sdn Bhd and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which GoConsult Sdn Bhd or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.
15. General Provisions
16. Restriction on Access to the GoConsult Platform
In order to protect the integrity of the website, GoConsult Sdn Bhd reserves the right at any time in its sole discretion to block users from accessing the GoConsult Platform and/or users from certain IP addresses from accessing the website.