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Terms & Conditions

 

PLEASE DO NOT USE OUR SERVICES OR THE SOFTWARE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WITH SYMPTOMS THAT REQUIRE IMMEDIATE MEDICAL ATTENTION. CALL YOUR LOCAL MEDICAL EMERGENCY HELPLINE FOR AMBULANCE OR GO TO THE NEAREST HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED

Use of the Site

 

Doctor Anywhere Pte Ltd (“Doctor Anywhere”, “we”, “us”, or “our”) operates the website located at and other related websites and mobile applications with links to these Terms & Conditions (collectively, the “Site”). We offer online telehealth (the “Telehealth Services”) and onsite house call (available in Singapore only) (the “House Call Services”) services enabling our users (“Users”) to report their health history and engage healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services (“Healthcare Services”).


To complement the Healthcare Services provided by the Healthcare Professionals, Doctor Anywhere or its subsidiaries, related companies and/or its affiliates (collectively, the “DA Group”) or partners may offer the sales and/or delivery of medicine and/or other medical products (the “Product” or “Products”), or the facilitation of such sales and/or delivery of Products, to Users as stated in the Healthcare Professional’s prescription order(s). For the avoidance of doubt, Doctor Anywhere itself only offers a platform for the facilitation of sales and delivery of Products, and is not itself a vendor or otherwise a seller of any Product.


By accessing and using the Site, you agree to be bound by these Terms & Conditions and all other terms and policies that appear on the Site (including any details set out in our FAQs at https://doctoranywhere.co.th/faqs or on our mobile application). If you do not wish to be bound by any of these Terms & Conditions, you may not use the Site or the Healthcare Services or purchase or arrange for the delivery of Products.

 

For further details, please see our FAQs available on the Site at https://doctoranywhere.co.th/faqs or on our mobile application.


Healthcare Services & Products

Telehealth Services and House Call Services (available in Singapore only)


All of the Healthcare Professionals who deliver Healthcare Services through Doctor Anywhere are independent professionals solely responsible for the services each provides to you. Doctor Anywhere does not practice medicine or any other medical profession, does not take on a duty of care to you and does not interfere with the practice of medicine or any other medical profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Doctor Anywhere nor any third parties who promote the Healthcare Services or provide you with a link to the Healthcare Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Telehealth Services and House Call Services (available in Singapore only), including any misdiagnoses or any other acts or omissions. Any reliance on any information provided on the Site or through the Healthcare Services, including the credentials of the Healthcare Professional, is solely at your own risk. 

 

Products


If medically appropriate, the Healthcare Professionals may write prescription order(s) to you, and any of the DA Group or its partners may engage in the facilitating or otherwise arranging for the sales and/or delivery of Products to you based on the prescription order. In the event that you proceed to purchase the Products through Doctor Anywhere and/or arrange for the Products to be delivered to you, you will undertake to check the Products labels to verify that the Products match the prescription order upon delivery. 

Doctor Anywhere will not be liable for any defects in Products, any losses or damages or expenses sustained by individuals or by any other person in consequence of any delays in delivery of Products.


Site Content


None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.


Informed Consent


Telehealth


I. Telehealth is the delivery of healthcare services using interactive audio and video technology, where the patient and the healthcare professional are not in the same physical location. During your Telehealth consultation with a Healthcare Professional, details of your medical and health history and information may be discussed with you through the use of interactive video, audio and/or other telecommunications technology, and your Healthcare Professional may perform a physical examination through these technologies.


II. The Telehealth Services you receive from Healthcare Professionals are not intended to replace a medical doctor in-person relationship or be your permanent medical home. You must have a face-to-face evaluation/consultation with a Healthcare Professional where reasonably practical before or very soon after commencement of Telehealth Services. You should also seek emergency help or follow-up care when advised to do so by a Healthcare Professional or when otherwise needed. We may assist you in making arrangements for follow up care either through Doctor Anywhere or other healthcare providers. You will have direct access to customer support services (“Customer Support”), which will follow up on medication reactions, side effects or other adverse events by sending messages to your Healthcare Professional. Among the benefits of our Telehealth Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of Telehealth. These risks include, but may not be limited to:

a) In rare cases, information transmitted may not be adequate (e.g. poor resolution of images) to allow for the Healthcare Professional to advise you or for him/her to continue the consultation;

b) Delays in evaluation could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;

c) In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;

d) Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information

III. By accepting these Terms & Conditions, you acknowledge that you understand and agree with the following:


a) You understand that you may expect the anticipated benefits from the use of Telehealth in your care, but that no results can be guaranteed or assured;


b) You understand that the laws that protect the privacy and security of health information apply to Telehealth Services as well and have received Doctor Anywhere’s Privacy Policy, which describes these protections in more detail. Electronic communications are directed to your Healthcare Professional(s) through a secure, encrypted video interface and electronic health record;


c) If your health insurance coverage does not include or is not sufficient to satisfy the Telehealth Services charges in full, you may be fully or partially responsible for payment;

 

d) You are responsible for entering in the correct registration details to link your health insurance or to enjoy any corporate benefits. No refunds will be provided if you proceed with a transaction without the appropriate registration. 


e) Your Healthcare Professional may determine that the Telehealth Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Telehealth Services to you through the Site;

 

f) If your healthcare professional had determined that your condition is not suitable for Telehealth Services, you would not be charged for the services. In the event that you call in again for the same condition, the subsequent consultations will be charged.

 

g) Unless as otherwise determined by Doctor Anywhere in its sole discretion, no refunds will be given for any completed consultation, purchased medication, missed appointment or any other orders by the user.

 

h) Surcharges will be imposed for delivery or home services to Sentosa (in Singapore) or any other remote locations as defined by Doctor Anywhere and updated on its website. Doctor Anywhere reserves the right not to deliver medicine to certain remote areas.

 

i) Doctor Anywhere and its delivery service partners will make the best effort to contact the client to complete the delivery of the order or home-based services during the selected timeslots. If the client is not present at the stated address, additional charges may be imposed for the redelivery of order or additional trip for the home-based service.


j) With respect to psychotherapy, you are entitled to receive information from your Healthcare Professional about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time


IV. With respect to psychotherapy, if you and your Healthcare Professional decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that anything any Group Therapy participant tells the Healthcare Professional individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Healthcare Professional for the therapy process, including goal setting and termination.


V. You can send messages to your Healthcare Professional by contacting Doctor Anywhere Customer Support at +65 65918668 or  (for Singapore) / +84 1900 2819 or hotro@doctoranywhere.com (for Vietnam) / +66 2 114 7788 or askus.th@doctoranywhere.com (for Thailand). Emails or electronic messages to Customer Support or your Healthcare Professional may not be returned immediately.


Onsite Medical House Call (available in Singapore only)


I. House Call Services are healthcare services provided by Healthcare Professionals at an agreed location and on-demand.


II. Doctor Anywhere acts as an information technology service provider that provides patients with health information and provides a forum for an independent Healthcare Professional to arrange for the provision of non-emergency general adult and paediatric House Call services in the comfort and convenience of a patient’s home, office, workplace, or hotel, or any other suitable location which is agreed between the Healthcare Professional and User. Upon request for House Call Services, Doctor Anywhere will automatically transmit your location and contact details which will be used to determine whether there are Healthcare Professionals who provide onsite healthcare services in your area. Upon providing certain relevant information to the Healthcare Professionals through Doctor Anywhere, if a Healthcare Professional is available, the Healthcare Professional will then decide whether or not to be dispatched to your location; provided, however, that the Healthcare Professional may, in his or her best judgment, based on information received prior to the House Call Services or during the House Call Services, determine that he or she is unable to provide the necessary onsite treatment.


III. You can send messages to your Healthcare Professional by contacting Doctor Anywhere Customer Support team at +65 65918668 or 

(for Singapore) / +84 1900 2819 or hotro@doctoranywhere.com (for Vietnam) / +66 2 114 7788 or askus.th@doctoranywhere.com (for Thailand). Emails or electronic messages to Customer Support or your Healthcare Professional may not be returned immediately.


Privacy


Doctor Anywhere is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of your health information. In addition, the information you provide to your Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy available at https://doctoranywhere.co.th/privacy-policy.

You consent to the collection, use and disclosure of your personal data in accordance with our Privacy Policy as amended from time to time. We may disclose your personal data: 

(a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or

(b) to third party service providers, agents, pharmacies, delivery partners, hospitals and other organizations we have engaged to perform any of the services requested by you.

We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Healthcare Services and facilitating the sales and/or delivery of Product, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Healthcare Services and facilitating the sales and/or delivery of Product. While secure electronic messaging is always preferred to unsecured email, under certain circumstances, unsecured email communication containing personal health information may take place between you and Doctor Anywhere. Doctor Anywhere cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Doctor Anywhere or an external provider that is compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA).


User Accounts


When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Doctor Anywhere (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Healthcare Services nor purchase and/or arrange for the delivery of Product. You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Doctor Anywhere reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Doctor Anywhere be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or Healthcare Services or purchase or arrangement of delivery of Product or your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.


Use of the Services and Purchase of Product by Minor Age Group


If you are using Doctor Anywhere Healthcare Services for a minor, you must be present during the Healthcare Professional online consultation or onsite visit with the minor. Upon purchasing the Product, you must be available at the point of Product delivery. You are responsible for payment for the Healthcare Services provided to and purchase and arrangement of delivery of Product for the minor. You are assuming the obligations of this Terms & Conditions as they relate to the minor.


Use of the Services and Purchase of Product by Geriatric Age Group


If you are using Doctor Anywhere Healthcare Services for a geriatric with special needs, including but not limited to vision and hearing difficulties, you must be present during the Healthcare Professional online consultation or onsite visit with the geriatric. Upon purchasing the Product, you must be available at the point of Product delivery. You are responsible for payment for the Healthcare Services provided to and purchase and arrangement of delivery of Product for the geriatric. You are assuming the obligations of this Terms & Conditions as they relate to the geriatric.


Access Rights


We hereby grant to you a limited, non-exclusive, non-transferable, revocable right to access the Site, use the Healthcare Services, and purchase Product and arrange for delivery thereof solely for your personal non-commercial use and only as permitted under these Terms & Conditions and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny, suspend or otherwise terminate use of the Site or Healthcare Services or sales or delivery (or the facilitation thereof) of Product to you or anyone for any reason. You agree that you will not, and will not attempt to:


a) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;


b) Use the Site or Healthcare Services or purchase or delivery of Product to violate any local or international law;


c) Use the Site or Healthcare Services, or purchase or seek delivery of Product outside the country you are presently located in (either Singapore / Vietnam / Thailand);


d) Reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Healthcare Services;


e) Distribute viruses or other harmful computer code through the Site;


f) Record in any media your interactions with Healthcare Professionals through the Site;


g) Otherwise use the Site in any manner that exceeds the scope of use granted above;


h) Use abusive language when communicating with Healthcare Professionals;


i) Contact Healthcare Professionals for Healthcare Services outside of the Site Doctor Anywhere is not responsible for any interactions with Healthcare Professionals that are not conducted through the Site. We strongly recommend that you do not use the Telehealth Services on public computers. We also recommend that you do not store your Account password through your web browser or other software. Should you choose to do so, you do so at your own risk and Doctor Anywhere is not liable for any resulting loss or damage.


Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Doctor Anywhere with your credit card number or online payment services account details (e.g. PayPal) and associated payment information, you agree that Doctor Anywhere is authorized to immediately invoice your account for all fees and charges due and payable to Doctor Anywhere hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Doctor Anywhere to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Doctor Anywhere, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any fees or charges will be reimbursed.


Doctor Anywhere offers no guarantee that you shall receive medical reimbursement from your employer or insurer. Doctor Anywhere reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms & Conditions. You understand and agree that for Healthcare Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.


Website Links


The Site may be linked to other web sites that are related to Doctor Anywhere (collectively, “Third-Party Sites”). We will not be liable for any information, software, or links found at any Third-Party Sites, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.


Ownership


The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Doctor Anywhere, its licensors or other providers of such material and are protected by Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms & Conditions. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.


Trademarks


Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks (registered and unregistered), trade names, service marks or logos(“Identities”) of Doctor Anywhere or other entities. You are not authorized to use any such Identities without the express written permission of Doctor Anywhere. Ownership of all such Identities and the goodwill associated therewith remains with us or those other entities.


Termination


You may deactivate your Account and end your registration at any time, for any reason by sending an email to askus.th@doctoranywhere.com. Doctor Anywhere may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Doctor Anywhere reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, none of the DA Group or any of its partners will have any further obligation to provide the Healthcare Services or sales or delivery of (or facilitate the sales or delivery of) Product, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.


Right to Modify


We may at our sole discretion change, add, or delete portions of these Terms & Conditions at any time on a going-forward basis. Continued use of the Site and/or Healthcare Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms & Conditions, inclusive of such changes.

 

Disclaimer of Warranty


You expressly agree that use of the Site or Healthcare Services or purchase or arrangement of delivery of Product is at your sole risk. The Site, Healthcare Services, and sales or delivery of Product (or the facilitation thereof) are provided on an “as is” and “as available” basis. Doctor Anywhere expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.


You acknowledge and agree that Doctor Anywhere does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third-party Healthcare Professionals, including medical doctors and other Healthcare Professionals in the Doctor Anywhere network. You acknowledge and agree that the Healthcare Professionals using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Healthcare Professionals, in their sole discretion, as they deem appropriate. Doctor Anywhere does not make any express or implied warranties that the Healthcare Professionals are validly licensed to practise medicine, or are qualified to advise in their purported area of speciality.


Limitation of Liabilities

You understand that to the extent permitted under applicable law, in no event will Doctor Anywhere or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Site or the Healthcare Services or the purchase or arrangement of delivery of Product, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.


Indemnification


You agree to indemnify, defend and hold harmless Doctor Anywhere, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees on an indemnity basis (“Claims”), resulting from, or alleged to result from, your violation of these Terms and Conditions. In addition, you agree to indemnify, defend and hold harmless your Healthcare Professional(s) from and against any third-party claims resulting from your lack of adherence with the advice or recommendation(s) of such Healthcare Professional.


Geographical Restrictions


Doctor Anywhere makes no representation that all products, services and/or material described on the Site, the Healthcare Services, or Product recommended by any Healthcare Professional during the course of a consultation through the Site, are appropriate or available for use in locations outside Singapore / Vietnam / Thailand.


Records


Any clinical records created as a result of your use of the Site will be securely maintained by Doctor Anywhere on behalf of your Healthcare Professional(s) for a period that is no less than the minimum number of years such records are required to be maintained under the relevant local law.


Governing Law


These Terms & Conditions and your use of the Site shall be governed in all aspects by the laws of the Republic of Singapore. If any part of these Terms & Conditions is held to be invalid or unenforceable, the particular term (s) shall be severed to the extent that it is invalid or unenforceable, leaving the remaining Terms & Conditions or part thereof enforceable.


Miscellaneous


The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with these Terms and Conditions through amicable negotiations (which shall be commenced by either party giving written notice to the other).  In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction.
You understand that by checking the “agree” box for these Terms & Conditions and/or any other forms presented to you on the Site you are agreeing to these Terms & Conditions and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Healthcare Services and facilitation of sales and/or delivery of Product (collectively, “Communications“) through electronic means including but not limited to: (a) by e-mail, using the address that you provided to us during registration, or (b) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communications when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by cancelling or discontinuing your use of the Services.


No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.


Doctor Anywhere devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.


Please report any violations of these Terms & Conditions to askus.th@doctoranywhere.com.

Doctor Anywhere Pay User Terms and Conditions

 

These Terms and Conditions ("DA Pay Terms and Conditions") govern your access and use of the Doctor Anywhere virtual payment account ("Doctor Anywhere Pay", or "DA Pay").

A. The Doctor Anywhere Pay is operated by Doctor Anywhere Operations Pte. Ltd. ("Doctor Anywhere").

All references in these DA Pay Terms and Conditions to "we," "us," or "our" shall refer to Doctor Anywhere as operator of the Doctor Anywhere Pay. "You" and "your" shall refer to the User.

The Doctor Anywhere Pay is associated with your Doctor Anywhere Account and is intended for effecting payment for the purchase of goods and/or services offered by the Doctor Anywhere group of companies by registered Users.

By requesting and/or using the Doctor Anywhere Pay, you, the User, agree to be bound by these DA Pay Terms and Conditions (including any details set out in our FAQs at https://doctoranywhere.co.th/faqs or on our mobile application). If you do not agree to these DA Pay Terms and Conditions, please do not use the Doctor Anywhere Pay.

B. These DA Pay Terms and Conditions are in addition to the general terms and conditions governing your use of the Doctor Anywhere Website and your Doctor Anywhere Account set out above.

 C. For further details, please see our FAQs available at https://doctoranywhere.co.th/faqs or on our mobile application.

 

DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires, the following expressions shall have the following meanings in these DA Pay Terms and Conditions:

"Foreign Language Version" is defined under clause 15.9 of these DA Pay Terms and Conditions.

"Indemnitees" means Doctor Anywhere's respective officers, employees, directors, agents, contractors and assigns.

"Doctor Anywhere" means the entity set out in the recitals to these DA Pay Terms and Conditions and includes its successors and assigns.

"Doctor Anywhere Account" means the online account of the User on the Doctor Anywhere Website.

"Doctor Anywhere Pay" is defined in the recitals to these DA Pay Terms and Conditions.

"Doctor Anywhere Pay Credits", or “Credits” is defined in clause 3.1 of these DA Pay Terms and Conditions.

"Doctor Anywhere Website" is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by the Doctor Anywhere group of companies.

 

"Payment Instrument" is defined in clause 3.1.

"Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.

 

"Privacy Policy" is defined in clause 2.6.

"Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by Doctor Anywhere to a User relating to Doctor Anywhere Pay, from time to time as a gratuity, by crediting the coupon amount into the User's Doctor Anywhere Pay, and may be used by the relevant User to pay for goods or services on the Doctor Anywhere Website, prior to the relevant Promo Coupon's expiry date, as determined at the sole discretion of Doctor Anywhere and subject to conditions as may be imposed by Doctor Anywhere from time to time.

"Refund Coupon" means a refund coupon which is issued by Doctor Anywhere, by way of refunding a User's previous purchase of goods or services on the Doctor Anywhere Website and subject to conditions as may be imposed by Doctor Anywhere from time to time.

"Registration Information" is defined under clause 2.1 of these DA Pay Terms and Conditions and may include Personal Data.

"Service Fees" is defined in clause 6.1.

"User" means an authorized user of the Doctor Anywhere Pay.

1. ACCESS TO THE DOCTOR ANYWHERE PAY

1.1. You agree to:

1.1.1. use your Doctor Anywhere Pay only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Doctor Anywhere Pay in good faith;

1.1.2. comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Doctor Anywhere Pay, as well as any amendments thereto issued by us from time to time; and

1.1.3. ensure that any information or data you provide to us in connection with the Doctor Anywhere Pay is accurate.

1.2. It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.

1.3. Use of the Doctor Anywhere Pay is restricted to registered users of the Doctor Anywhere Website.

2. REGISTRATION

2.1. The registration process for the Doctor Anywhere Account requires you to provide Doctor Anywhere with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that Doctor Anywhere may share your Registration Information within the Doctor Anywhere group of companies from time to time.

2.2. In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. 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 use of the Doctor Anywhere Pay or suspend or close your Doctor Anywhere Pay.

2.3. You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including to process any refunds paid to you.

2.4. Each User is only entitled to have one (1) Doctor Anywhere Pay associated with his or her Doctor Anywhere Account. 

2.5. You are solely responsible for keeping your username and password to your Doctor Anywhere Pay secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorized use of your username or password. If your username or password has been compromised, you must inform Doctor Anywhere immediately.

2.6. All Personal Data provided to us will be handled, stored, and processed according to our Privacy Notice to Pay Users ("Privacy Policy") (https://doctoranywhere.co.th/privacy-policy). By accepting these DA Pay Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

 

3. DOCTOR ANYWHERE PAY CREDITS

3.1. You may maintain funds in your Doctor Anywhere Pay, and such funds, less any monies owed to us, will be regarded as the Credits of your Doctor Anywhere Pay ("Doctor Anywhere Pay Credits"). Credits can be accumulated in your Doctor Anywhere Pay by means of a transfer of funds from certain payment instruments we accept from time to time (including debit or credit cards, checking and savings account or other prepaid payment method we allow, collectively, "Payment Instruments").

3.2. In the case of debit or credit cards as funding sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.

3.3. For any transfer from a Payment Instrument to your Doctor Anywhere Pay Credits, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorize or approve such transfer.

3.4. Unless otherwise stated, both you and Doctor Anywhere are not liable for any fees raised by third parties including card issuers or banks, associated with funding your Doctor Anywhere Pay Credits. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.

3.5. In the event your payment through the Doctor Anywhere Pay using a debit or credit card as your funding source is processed overseas, you will be liable for any additional charges in relation thereto.

3.6. You shall be responsible to resolve any disputes with your debit or credit card company on your own.

3.7. We reserve the right to impose limits on your use of Doctor Anywhere Pay from time to time, including (i) the amount of value you may load your Doctor Anywhere Pay at any one time; and (ii) the aggregate funds loaded to your Doctor Anywhere Pay over any time period.

 

4. USING YOUR DOCTOR ANYWHERE PAY

4.1. You may use your Doctor Anywhere Pay to purchase goods and/or services through the Doctor Anywhere Website. For security reasons, we may limit the amount or number of transactions you can make through your Doctor Anywhere Pay. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.

4.2. Other than for those business users notified in writing to the contrary, the maximum amount that a user of the Doctor Anywhere Pay can hold at any time is S$5,000 (or such equivalent aggregate amount in foreign currencies), or such lesser limit as is notified to you, and the total value of consumer payment transactions using the Doctor Anywhere Pay in a calendar year may not exceed S$30,000 (or such equivalent aggregate amount in foreign currencies).

4.3. All Credits in your Doctor Anywhere Pay will only be valid for one (1) year from the date of your last transaction (purchase or top-up). Doctor Anywhere shall have the right to deal with the expired credits in such manner as it deems fit in its absolute discretion including such credits in your Doctor Anywhere Pay being forfeited.

4.4. You will not receive interest or other earnings on the credits in your Doctor Anywhere Pay. Doctor Anywhere may receive interest on amounts that we hold on your behalf. You agree to assign your rights to Doctor Anywhere for any interest derived from your Doctor Anywhere Pay.

4.5. You may check your Doctor Anywhere Pay Credits in the Doctor Anywhere Website. The Credits set out in the Doctor Anywhere Website shall serve as a conclusive evidence of your Doctor Anywhere Pay Credits.

4.6. As Doctor Anywhere Pay purchases may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, Doctor Anywhere reserves the right to clawback the amount (up to the disputed amount) from your Doctor Anywhere Pay or by any other way it deems fit in its sole discretion.

4.7. Doctor Anywhere has the right to forfeit the credits in your Doctor Anywhere Pay where it reasonably believes that your use of the Service may be fraudulent, illegal or involves any criminal activity or where Doctor Anywhere reasonably believes you to be in breach of the Terms of Use.

4.8. Each time you use your Doctor Anywhere Pay, you authorize us to reduce the value available in your Doctor Anywhere Pay Credits by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which have been credited to your Doctor Anywhere Pay Credits. You can only make payments using your Doctor Anywhere Pay to the extent that you have Doctor Anywhere Pay Credits to support those transactions. You are not allowed to make purchases in excess of your Doctor Anywhere Pay Credits. We will not extend credit in connection with your use of your Doctor Anywhere Pay, and you must repay us immediately if your Doctor Anywhere Pay Credits is ever less than zero for whatever reason.

4.9. You are responsible for all transactions initiated and fees incurred by using your Doctor Anywhere Pay. If other persons access your Doctor Anywhere Pay, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use.

4.10. You must notify us immediately of any unauthorized use of Doctor Anywhere Pay or any other breach of security regarding the Doctor Anywhere Pay of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your Doctor Anywhere Pay to be valid for Doctor Anywhere’s consideration.

4.11. You agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your Doctor Anywhere Pay account under any of the following events, as determined at our sole and absolute discretion:

4.11.1. where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;

4.11.2. where you have acted fraudulently or with negligence, including but not limited to cases where you have willfully disclosed your Doctor Anywhere Pay log-in details to a third party;

4.11.3. if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;

4.11.4. where any funds in your Doctor Anywhere Pay are subject to legal process or other encumbrance restricting transfer;

4.11.5. where any such transactions took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or

4.11.6. where any terminal or system (including Doctor Anywhere's Website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.

4.12. Subject to clauses 7 and 8.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your Doctor Anywhere Pay.

4.13. We shall have the right to refuse any transaction on your Doctor Anywhere Pay if:

4.13.1. the transaction does not satisfy these DA Pay Terms and Conditions or the terms and conditions of your Doctor Anywhere Account; or

4.13.2. where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.

4.13.3. such transaction involving the use of any Promo Coupon or Refund Coupon where Doctor Anywhere suspects any coupon abuse or fraud or any illegal activities in relation to your Doctor Anywhere account.

4.14. When using your Doctor Anywhere Pay to pay for a purchase on the Doctor Anywhere Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third-party service provider acting on our behalf.

4.15. For each purchase transaction you make on the Doctor Anywhere Website, we will transfer funds from your Doctor Anywhere Pay when the first of any of the following events occurs:

4.15.1. we receive confirmation of a successful completion of the purchase from Doctor Anywhere;

4.15.2. you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the Doctor Anywhere Website, in which case you will be deemed to have received the goods or services;

4.15.3. the conclusion of any settlement agreement or dispute between you and any other user of the Doctor Anywhere Website and/or Doctor Anywhere, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or

4.15.4. Doctor Anywhere or any of its affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.

4.16. When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to Doctor Anywhere in such amounts as applicable.

4.17. If you experience any difficulties with your Doctor Anywhere Pay, please contact us at [https://doctoranywhere.com/contact-us/]. If you have placed an order on the Doctor Anywhere Website and experience difficulties with your order, please contact customer service (https://doctoranywhere.co.th/contact-us).

4.18. You shall complete any purchases in accordance with the applicable terms and conditions of the Doctor Anywhere Website, which may be amended from time to time at Doctor Anywhere's discretion without notice.

4.19. You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your Doctor Anywhere Pay. If your failure to do so results in any delay in any transaction on your Doctor Anywhere Pay, Doctor Anywhere shall not be liable for any loss or damages arising from such delay.

4.20. You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your Doctor Anywhere Pay should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Doctor Anywhere Account Credits.

 

5. WITHDRAWAL

5.1. The Credits for the Doctor Anywhere Pay are not redeemable for cash nor are they refundable except at our absolute discretion. They cannot be resold or transferred for value. The Credits in the Doctor Anywhere Pay shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

 

6. FEES

6.1. We reserve the right to impose fees to cover the relevant costs of providing the Doctor Anywhere Pay services to you including those associated with the set-up and maintenance of your Doctor Anywhere Pay ("Service Fee").

 

7. REFUNDS

7.1. If, having purchased goods or services on the Doctor Anywhere Website, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that we will either (i) issue a Refund Coupon to be credited to your Doctor Anywhere Pay Credits for such refunds; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.

8. CLOSURE AND NON-USE OF YOUR DOCTOR ANYWHERE PAY

8.1. You may request that we close your Doctor Anywhere Pay at any time by contacting our customer support team. Contact details of the customer support team are available at (https://doctoranywhere.co.th/contact-us).

8.2. We may, at any time and at our absolute and sole discretion:

8.2.1. discontinue your use of the Doctor Anywhere Pay or any part thereof;

8.2.2. close your Doctor Anywhere Pay; and/or

8.2.3. reactivate your Doctor Anywhere Pay upon the completion of any relevant internal investigations (where applicable).

8.3. We shall endeavour to provide notice of any such discontinuation or closure of your Doctor Anywhere Pay. You agree that we shall not be liable to you in relation to any inability of yours to access your Doctor Anywhere Pay or any part thereof.

8.4. Closure of your Doctor Anywhere Pay will not cancel any cleared transactions which you have already undertaken.

8.5. Unless as otherwise determined by Doctor Anywhere in its sole discretion, no refunds will be given for any Credits in your Doctor Anywhere Pay.

8.6. If your Doctor Anywhere Pay is closed for any reason, we will contact you to arrange for the refund, if applicable, of any residual electronic funds in that Doctor Anywhere Pay as set out in clause 8.6. In no event shall you be entitled to any refund in respect of any Doctor Anywhere Pay Credits attributable to Promo Coupons.

8.7. You remain liable for all obligations related to your Doctor Anywhere Pay. Closure of your Doctor Anywhere Pay does not relieve you of any liability pertaining to your Doctor Anywhere Pay. In the event of a pending investigation at the time your Doctor Anywhere Pay is closed, and Doctor Anywhere has determined that a refund is applicable, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your Doctor Anywhere Pay for any illegal purposes, we may hold any outstanding Doctor Anywhere Pay Credits for such time as we determine in our absolute discretion or as required by law.

8.8. If applicable, we will refund any electronic funds in your Doctor Anywhere Pay as soon as practicable after its closure through any payment method we deem in our discretion most suitable, on the condition that you provide us with:

8.8.1. valid bank account details where the name and address details of that bank account's holder match the name and address details of your Doctor Anywhere Pay; and

8.8.2. a copy of a valid form of ID (e.g. a passport or driver's license), which we may accept at Doctor Anywhere's sole discretion.

8.9. We have the right not to return to you any disputed funds or any funds which relate to a breach of these DA Pay Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.

8.10. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after your Doctor Anywhere Pay has closed or before any refunds are processed.

 

9. AMENDMENTS

9.1. We may amend these DA Pay Terms and Conditions any time by posting an updated version. The updated version of these DA Pay Terms and Conditions shall take effect immediately upon posting. Each time you use your Doctor Anywhere Pay you confirm that you agree to be bound by these DA Pay Terms and Conditions as may be amended from time to time.

10. AVAILABILITY OF DOCTOR ANYWHERE PAY

10.1. We may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of your Doctor Anywhere Pay and we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your Doctor Anywhere Pay or any part of it.

11. REPRESENTATIONS AND WARRANTIES

11.1. By accepting these DA Pay Terms and Conditions, you represent and warrant that you are at least 18 years of age (in Singapore / Vietnam) or 20 years of age (in Thailand) and not violating any applicable laws or regulations through your use of your Doctor Anywhere Pay, and you agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty. We may report any suspicious activity to the relevant authorities.

12. RESTRICTED ACTIVITIES

12.1. In connection with your use of your Doctor Anywhere Pay, you shall not:

12.1.1. Provide false, inaccurate or misleading information;

12.1.2. Use your Doctor Anywhere Pay for any illegal activities;

12.1.3. Use your Doctor Anywhere Pay in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules; or

12.1.4. Breach these DA Pay Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.

12.2. If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:

12.2.1. We may suspend or restrict your access to and/or close your Doctor Anywhere Pay;

12.2.2. We may terminate these DA Pay Terms and Conditions and refuse to provide the services to you;

12.2.3. We may place a hold on your Doctor Anywhere Pay Credits for up to 180 days if reasonably needed to protect against the risk of liability; or

12.2.4. We may take legal action against you.

12.3. If you are below 18 years old (in Singapore / Vietnam) or 20 years old (in Thailand) you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these DA Pay Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Doctor Anywhere Pay; (ii) any charges associated with your use of any of the Doctor Anywhere Pay; and (iii) your compliance with these DA Pay Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Doctor Anywhere Pay.

13. DISCLAIMER

13.1. You agree that all risks arising from your use of the Doctor Anywhere Pay will be borne by you.

13.2. We make no warranty that:

13.2.1. the Doctor Anywhere Pay will meet your requirements;

13.2.2. the Doctor Anywhere Pay services will be uninterrupted, timely or error free; or

13.2.3. any products, information or material purchased by you using the Doctor Anywhere Pay will meet your requirements.

13.3. Except as expressly provided in these DA Pay Terms and Conditions and to the fullest extent permitted by law, the Doctor Anywhere Pay and related services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.

13.4. To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the Doctor Anywhere Pay and related services. In any event, our total aggregate liability to you under these DA Pay Terms and Conditions or in relation to your use of the Doctor Anywhere Pay will not exceed your Doctor Anywhere Pay Credits at the point in time when such liability arose.

13.5. Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.

13.6. In the event that it is demonstrated that you are below the age of 18 (in Singapore / Vietnam) or 20 (in Thailand) when you agreed to these DA Pay Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the Doctor Anywhere Pay.

 

14. NOTICES

14.1. Notices from us

14.1.1. You agree that all notices or other communications from us are deemed to have been given to you if: (i) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or (ii) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.

14.2. Notices from you

14.2.1. You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

14.3. Other modes of notifications

14.3.1. Notwithstanding Clauses 14.1 and 14.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

 

15. GENERAL TERMS

15.1. Cumulative rights and remedies

15.1.1. Unless otherwise provided under these DA Pay Terms and Conditions, the provisions of these DA Pay Terms and Conditions and our rights and remedies under these DA Pay Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these DA Pay Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these DA Pay Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.

15.2. No waiver

15.2.1. Our failure to enforce these DA Pay Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these DA Pay Terms and Conditions.

15.3. Severability

15.3.1. If at any time any provision of these DA Pay Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these DA Pay Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these DA Pay Terms and Conditions.

15.4. Rights of third parties

15.4.1. A person or entity who is not a party to these DA Pay Terms and Conditions shall have no right to enforce any term of these DA Pay Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these DA Pay Terms and Conditions.

15.5. Governing law

15.5.1. Use of the Doctor Anywhere Pay, and these DA Pay Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore.

15.6. Disputes

15.6.1. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with these DA Pay Terms and Conditions or use of your Doctor Anywhere Pay through amicable negotiations.  In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

15.6.2. In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these DA Pay Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.

15.7. Injunctive relief

15.7.1. We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

15.8. Correction of errors

15.8.1. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

15.9. Language

15.9.1. In the event that these DA Pay Terms and Conditions is executed or translated in any language other than English ("Foreign Language Version"), to the extent allowed under law, the English language version of these DA Pay Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.

15.10. Entire agreement

15.10.1. These DA Pay Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

15.11. Binding and conclusive

15.11.1. You acknowledge and agree that any records (including records of any telephone conversations relating to the Doctor Anywhere Pay, if any) maintained by us and/or our service providers relating to or in connection with the Doctor Anywhere Pay shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

15.12. Sub-contracting and delegation

15.12.1. We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with Doctor Anywhere Pay to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.

15.13. Assignment

15.13.1. You may not assign your rights or transfer your obligations under these DA Pay Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these DA Pay Terms and Conditions to any third party at our sole discretion.

15.14. Force Majeure

15.14.1. We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these DA Pay Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Doctor Anywhere Pay if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.