These terms and conditions on rendering the services of PrimoCare Patient application, and/or website www.primocare.com including sub-landing page (hereinafter collectively referred to as the “Platform”) is made by and between B-First Medical Ltd. (the “Company”) of the one part, and platform users (irrespective of subscription status) (“You”) of the other part.

The Company notifies you that you must be at least 20 years old or married to be eligible to use the Company’s platform. If you are disqualified, the registration, access, use or doing any act on the Company’s platform must be with the knowledge, control and approval of your parents, guardian or legal representative (unless otherwise permitted by applicable laws). Such persons are responsible for your use of the Company’s platform.

Your use of platform is deemed as the declaration of intention to agree and accept the terms and conditions for the Company’s service provision in all respects. Accordingly, please read these terms and conditions thoroughly and completely before using the services.

1. Introduction

The objectives of providing services via the Company’s platform are to provide curative medical services and preventive medical services of Primocare Medical Clinic (hereinafter collectively referred to as the “Clinic”), including the dissemination of interesting health articles in terms of medical treatment, prevention and health promotion for your sustainable healthiness. Furthermore, the Company also provide online booking system for clinic users’ convenience free of charge. The Company will try to serve the persons who make an appointment to meet a doctor on schedule. The Company however cannot guarantee that your doctor’s examination will be on time since there might be unexpected difficulties or the doctor is examining other medically complicated patients, or the doctor or staff is busily engaged with other works.

2. Platform Data

The Company presents information, news beneficial to the public who uses services. The platform data however cannot be used as a reference or medical advice or be substituted for the doctor’s or medical personnel’s advice. As a result, the Company suggests you make an appointment to see a doctor or medical personnel on your own, not search or use the platform data; or post a question about your health on websites, blogs, or online social media. Although the platform data has been checked and screened by the Company’s personnel, the Company cannot affirm all platform data is correct, complete or up-to-date, and under no circumstance is the Company responsible for any damage from using the data from this platform. The Company reserves the right to amend, change or add any data on the platform at all times without prior notice. The Company will make a reasonable effort to make the data, contents, articles, pictures, videos, or any type of presentations appeared on this platform correct and complete.

3. Personal Data

The Company will collect, use or disclose your personal data given to the Company with due care and attention and in compliance with the standard set forth in the “Privacy Policy” of the Company that is deemed as an integral part hereof. Read a full text of privacy policy here.

4. Use of Platform

You agree to use the Company’s platform with a lawful objective, and do not commit any following acts:

1. commit any act in breach of the agreement, domestic and international applicable laws, rules and regulations, or assist in such breach;
2. enter or give the Company and/or its staff false, incomplete or forged information and document for allowing the use of services and/or during the use of services;
3. post or disseminate any violent, threatening or obscene content, or discrimination on the basis of race, national origin, religion, sex, social status, or contents causing public harm or nuisance, and diffuse any content harmful to the other person and/or causing injury to the other person such as content harmful to children or violating the privacy right of the other person;
4. distort a statement causing misunderstanding, disrepute or intentionally diffuse false information;
5. create any link to the Company’s platform or commit any act making a third party believe that it is done with the Company’s cooperation, approval or support that is not true;
6. download, upload or commit any act in order to procure any advantage to which he is not entitled by law of the content or platform without the Company’s prior written consent;
7. publicize unwanted or unauthorized advertising media or promotional media, and a similar request in other format (such as spam);
8. send, upload or post information containing virus, Trojan, worm, logic bomb, keystroke, loggers, spyware, adware or any program having similar characteristics in order to access the platform without permission, which causes damage and/or disturbs by any means the Company’s operation of software, hardware and/or platform;
9. infringe the Company’s or the other person’s intellectual property rights, including duplication, copying, modification, reselling or exploit any or all of Company’s platform or the other person’s work without permission;
10. produce a product or service in competition with the business of the Company, and/or by any means duplicate the contents, ideas, work features, graphics or any work on the Company’s platform;
11. commit any act causing the Company to possibly get involved in a dispute or claim, or commit any other acts the Company considers that it is inappropriate, brings the Company into disrepute and/or causes damage to the Company;
12. breach the specified terms and conditions. The Company has the right (uncommitted) to check whether you comply with these terms and conditions and other relevant laws. If the Company finds or there are reasonable grounds to believe that you committed any breach, the Company has the sole discretion to delete such breaching contents, and/or terminate or discontinue in whole or in part your use of service, including temporarily or permanently blocking the access to the abovementioned content or service features, and/or might take legal action against you immediately as the Company deems appropriate.

5. Intellectual Property

All information, contents, articles, pictures, videos, music, sounds, graphics, exhibitions, artistic works, drawings, names, trademarks, service marks, or any components appeared on the platform (collectively referred to as the “Contents”) made, created, designed and/or developed by the Company are the Company’s sole intellectual property. Accordingly, you are not entitled to duplicate, copy, modify, imitate, reverse engineer, falsify, disseminate, distribute, rent out, possess, retrieve, record, transmit or do any act relating to such contents in such a way taking a commercial advantage or advantage to which he is not entitled by law without the Company’s / the Company’s licensor’s prior written consent.
The Company allows you to print a copy and/or download any part of the platform for personal use, or disseminate to the other person for educational purposes only, not for profit. You must not change, delete or remove the Company’s trademark or any other proprietary signs, and must make a reference to the source and credit the Company when using.
As for your contents posted or uploaded on the platform and/or through the Company’s interactive services (such as a chat room, bulletin board and communication channel to ask and answer questions) on your own, the Company considers it is your copyrighted work and the Company is not responsible for your said contents. You authorize the Company to use, store, duplicate, amend, modify, authorize the other person to use or publicize such contents in whole or in part at no charge throughout the copyright duration with the lawful objective, including but not limited to using for communicating with you, platform development, advertisement and sales and service promotion, analysis, statistical and behavioral assessment or taking any legal proceedings.

6. The Third Party’s Link

The Company’s platform might consist of a link to a third party’s platform that is not under the control of the Company. Connection to the third party’s platform is for your convenience only. You agree that you voluntarily use the third party’s platform and agree to comply with the terms and conditions specified therein.  The Company has no liability and/or obligation to contents and your use of such platform. You take all risks that may incur.

7. Your Warranty

You warrant that you have legal capacity or have been given consent from your parents, guardian or legal representative to use the Company’s platform with your sole responsibility. You warrant that you do not use the Company’s platform for commercial or business purposes, including for any activity in breach of these terms and conditions and any law.

In addition, you warrant that any contents you posted or uploaded on the Company’s platform and/or interactive services are your copyright, which do not infringe the rights of the other person or violate the laws and/or these terms and conditions.

8.  Your Liabilities

You agree to be liable for any loss, damage and/or claim that might incur from your use of platform in breach of these terms and conditions, any relevant policies and/or any other applicable laws, including but not limited to anti-money laundering, combating the financing of terrorism, crime activities, all types of frauds, infringement of intellectual property, and/or committing any act causing damage to the Company, employees, representatives and agents, and/or a third party.

9.  The Company’s Warranty

The Company renders the platform service on an “AS IS” basis without explicit or implicit warranty as to contents on such platform being correct, complete, up-to-date, uninterrupted, no error, and meeting your satisfaction or expectation. Therefore, you are advised to thoroughly study such contents and exercise your sole discretion.

10. The Company’s Limitation of Liabilities

The Company will make a reasonable effort to maintain the services. In the case that there are following incidents: (1) the delay, disturbance, malfunction or any other incidents hindering the use of platform, the system stability, the maintenance or testing or any improvement necessary for the system development which may cause temporary disruption or the inability to use the services for a while; (2) transmitting and receiving the data erroneously on the platform; (3) any damage from using the Company’s platform to connect with the third party’s platform; (4) computer virus, the system is down or dysfunctional which may be attributable to the use of platform including the links to and from the third party’s platform; (5) suspension of your use of platform due to a breach of these terms and conditions and/or any relevant laws; or (6) force majeure out of the Company’s control (such as natural disasters, power outage, telecommunications system is down, a change of law/policy by the state agency, the Company reserves the right to modify or discontinue services during such time temporarily or permanently without prior notice. The Company is not liable to you or other persons for direct damage, special damage, punitive damage, incidental damage, compensatory damage, specific damage, consequential damage, loss of profit, or any other damages from any warranties, agreements or tort (including negligence), although the Company has been notified of the possibility of the occurrence of such events due to your use of platform.

11. Complaint and the Company’s Action

If you find and believe that contents on the platform breach these terms and conditions and/or any relevant laws (for example, contents that infringe copyright or privacy right, libel or spam), please file a complaint about these incidents with the Company via the contact set out in article 15.
In addition, if you find that such contents fall within the scope of a breach of laws under section 14 of Computer-related Crime Act B.E. 2550 (2007), you can notify the Company thereof in order to suspend or delete the dissemination of such illegal contents by sending a complaint including other relevant documents via an email or registered mail to the Company’s head office so that the Company deletes or amends such contents as it deems appropriate as soon as possible in order to prevent further dissemination of such contents, which will also be subject to the condition of the services.
Once the Company takes the aforesaid action, you agree to waive all legal proceedings against the Company and release the Company from all liabilities according to the law.

12. Amendment

The Company reserves the right to use its sole discretion to amend, alter, add, cut these terms and conditions as it deems appropriate from time to time without prior notice. You are advised to always check the terms and conditions while using services. If these terms and conditions have been changed significantly, you will be notified thereof via following means, for example, an email or announcement thereof on the platform. If you continue using the platform after such amendment, you are deemed to unconditionally accept the amended terms and conditions. You cannot claim that you breach these terms and conditions for reason of having no knowledge thereof.

13. General Provisions

If any provision of these terms and conditions is held to be void, invalid or unenforceable for whatever reason under the law of any court jurisdiction, the remaining terms and conditions of such provision shall be unaffected.
Neither a failure nor a delay on the part of either party in exercising any right under these terms and conditions shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right.

14. Applicable Law

These terms and conditions shall be governed by the laws of the Kingdom of Thailand. Any dispute arising out of the use of platform shall be submitted to the jurisdiction of Thai courts.

15.Contact

Should you have any question about these terms and conditions or wish to file any complaint about the platform, you can contact the Company via the following means:

Address: B-First Medical Ltd. No. 1 Soi Krungthep Kreetha (B. Grimm) Hua Mak sub-district, Bang Kapi district, Bangkok 10240
Telephone: +66 2038 5595
Facsimile: +66 2038 5542
Email: [email protected]
Line ID: @primocareIntroduction