TERMS AND CONDITIONS LEKASEHAT APPLICATION

 

Please carefully go through these terms and conditions

 

LEKASEHAT application (hereinafter referred to as “Application”) and individual who utilizes this application as a user (hereinafter referred to as “User” or “You” or “Your”) bound by these terms. If you are going to use and take advantage of this application, then you are obliged to read carefully and thoroughly the Terms and Conditions (“Terms of Use”) and Privacy Policy contained in this document (“Privacy Policy”) before downloading and using every feature and/or available service from LEKASEHAT Platform (“Services”).

 

By downloading, installing and/or using the application, you agree that you have read, understood, recognized, received and agreed to all information, terms and conditions of the application contained in this Terms of Use.

 

Terms of Use and Privacy Policy are valid legal agreements (“Agreement”) between you as a user and the application provider, PT. LEKASEHAT INDONESIA (“WE” or “US”) regarding procedures and requirements. All provisions regulated in this Terms of Use, does not rule out any other written agreement that has been and/or will be made.

 

Please note that the Terms of Use and Privacy Policy may be updated from time to time. We will not provide notifications you when you access the application. Please remove application in from your devices, including request for account deletion (in case you have to register as a user) if you do not agree to the Terms of Use since update will occur without notice.

 

LEKASEHAT Terms of Use would explain how we acquire, collect, use, display, publish, disclose, process, disclose, store, send, give, transfer, process, manage, destroy and protect user personal information and data (collectively, "Utilization") both provided as requested or when using the features in the application (“Personal Data"). We emphasize that personal data does not include information that is already available in the public domain.

 

We reserve the right to modify, delete and/or apply new terms and conditions in this Terms of Use at any time. Continued use of the platform will constitute your acceptance to this Terms of Use and all of its amendments.

 

The terms used in this Privacy Policy if not interpreted otherwise have the same meaning as the terms contained in the Terms of Use.

Scope of the Terms of Use

  1. The LEKASEHAT platform is an application (Androidor iOS version), a web application (accessed through the world wide web) in a maintained website.
  2. An internet connection is required to be able to use a good service. All costs incurred for the connection of your electronic device to the network is your sole responsibility.
  3. LEKASEHAT platform and every feature and/or service available in the LEKASEHAT application are managed by us.
  4. Applications developed and later available on the platform consist of;
  1. User Application
  2. Medical Doctor Application
  3. Specialist Doctor Application
  4. Nurse Advisory Application
  5. Midwife Advisory Application
  6. Pharmacist Application
  7. Clinic/Hospital Application
    1. Physicians, Specialists, Nurses, Midwives, Pharmacist, clinics or hospitals registered in application hereinafter referred as “Service Partners”.
    2. By using the Application, it is deemed that you have read this policy and agree to the Personal Data utilization in accordance with this policy.
    3. We may request information when using the Application, then that information will only be used for the purposes of providing services in accordance with this Policy.
    4. We may review and amend this Privacy Policy at our sole discretion from time to time, to ensure that it is consistent with our future developments, and/or changes in legal or regulatory requirements. You agree that it is your responsibility to review this Privacy Policy regularly for the latest information on our data processing and data protection practices, and that your continued use of the Application or website, communications with us, or access to and use of the services following any amendments to this Privacy Policy will constitute your acceptance to this Privacy Policy and all of its amendments.

General Agreement (General Consent) Use of the Application

  1. You must ensure that your internet connection network is reliable, as this platform requires adequate network connection.
  2. LEKASEHAT is not a health care facility,but a service to assist user meet doctors, specialists, nurses, midwives, pharmacist, clinics or hospitals to get consultations, advice, prescriptions/drugs and or education related to health aspects in a Video Call, Chat and/or visits by medical professionals to your place. This application is limited to facilitating access for these purposes.
  3. By downloading this application, you represent and guarantee an individual who has the right to bind agreement based on the laws of the Republic of Indonesia. You are at least 21 (twenty-one) years old or married and not under guardianship or interdiction. However, if you are under 21 years of age and not married, you represent and warrant that you have obtained permission from your parent or legal guardian, unless you state otherwise. By giving your consent, your parent or legal guardian agrees to be responsible for:
    1. All your actions related to access and use of the LEKASEHAT Platform;
    2. Any fees related to services through the LEKASEHAT Platform; and
    3. Your compliance with these Terms of Use.
    4. We reserve the right to close or cancel your account you are failed to demonstrate any of those. By reading this, you represent and guarantee that you have the right, authority and capacity to use the service and always comply with the Terms of Use. If you register on behalf of a business entity, you also declare that you are authorized to act for and on behalf of that legal entity and to hold and bind the legal entity to the Terms of Use.
  4. We offer you convenience to use the LEKASEHAT Platform by providing your personal data information as requested in the registration. Information related to personal data will only be used by us and/or service partners to provide care on the Platform as well as for other purposes that you have agreed in accordance with applicable laws and regulations. The attached Privacy Policy (as we can update from time to time) is an integral part of these Terms of Use. You must provide accurate and complete information, update the information and agree to provide us with any proof of identity that we can reasonably request. You are required to update information details by sending your request if there are any changes to the personal data for example, but not limited to changing your telephone number or account number.
  5. If you have registered for the application, you will get a personal account which will be sent to your mobile phone number or contact. You are responsibly agreed not to hand over, transfer or authorize others to use your identity or account. You are required to maintain the confidentiality of your account password and any identification that we provide for your account. In case of a password disclosure that occurs not due to our fault, in any way that results in unauthorized use of your account, transactions or orders for services made through the Application, considered as valid transactions or orders, unless you notify us about it before the service partners provides the requested service.
  6. You agree that communication with service partners (medical doctors, specialists, nurses, midwives, pharmacist and hospitals) through this platform for consultations and/or services according to the application, is entirely a relationship between you and LEKASEHAT partners. All content and communication that exists beyond our responsibility is the relationship between you and LEKASEHAT partners.
  7. You acknowledge and agree that the communications you make through this platform cannot be used as a basis for issuing medical certificates of any kind, therefore all communications and actions given from the results of communications through this platform, either partially or completely cannot represent legal evidence.
  8. You agree that utilization of this platform only for the purpose intended to obtain affiliated services. You are not allowed to abuse or utilize this application for activities against the law or legal evidence, including but not limited to criminal acts of harassment, violation of the rights of others, violations of ethnic, religion, race or faiths, money laundry, theft, embezzlement, terrorism, lawsuits, as well as fraud. You also promise that you will not cause inconvenience to others, attacking partner, or creating false reservation through the application.
  9. User report required if there is an occasion where you do not have control over your account for any reason. In this case, you are responsible for every use of your account in the application even if the account has been misused by other people either with or without your knowledge.
  10. This application is protected by the Laws and Regulations; therefore, you are not allowed to abuse, change or modify the application in any way. We reserve the right to direct legal request and close or cancel your account, prohibit you from using the application if you use the platform without complying this Terms of Use.
  11. By using the LEKASEHAT application, you understand and agree that your use of the platform will also be subject to our Privacy Policy as applicable from time to time. By using the Platform, you also give consent as required under our Privacy Policy.
  12. By providing information to us, you state that the information is true according to facts, therefore you have the right to provide us with information that will be used by us and the service partners.
  13. You acknowledge and agree that any information in any form, including but not limited to video, audio, images or writing on the LEKASEHAT Platform has the confidentiality and intellectual property rights (including but not limited to trademark rights and copyrights) respectively. You are not allowed to use, modify, facilitate, distribute and/or mutilate these intellectual property rights without the permission of the owner of the intellectual property rights as regulated in the prevailing laws and regulations.
  14. When accessing and using the Platform including every feature and service, you are not allowed to:
    1. transfer your account on the LEKASEHAT Platform to other party without our prior approval.
    2. spread malwares, spam or other similar technologies that damage and/or harm LEKASEHAT Platform and other Platform users.
    3. implanting or moving features on the Platform without our consent.
    4. embed information or other applications that violate the intellectual property rights of other parties on LEKASEHAT Platform.
    5. retrieve or collect personal data from other users, including but not limited to email addresses, without the consent of respective user.
    6. use the LEKASEHAT Platform for things that are prohibited under applicable laws and regulations, including but not limited to fictitious consultations, charging irrational fees and fraud.
    7. use the LEKASEHAT Platform to distribute advertisements or other materials.
  15. You acknowledge and agree that the service rates listed on the LEKASEHAT Platform may change from time to time without our obligation to notify.
  16. You acknowledge that this platform display articles written by LEKASEHAT partners, therefore all presented articles are only in general purpose and used to a limited extent of public education, and for no other purpose. Any part of the posted articles should not be considered and cannot be used as a substitute for medical advice, diagnosis or treatment. Although various attempts have been made to display data and/or information as accurately as possible in the article, we are not responsible for any errors and delays in updating data or information, or for any losses that may arise due to actions relating to the use of articles, data/information and time. the presentation presented on the Platform.
  17. The LEKASEHAT platform has links with sites operated by third parties such as but not limited to payment systems. These links are provided for your convenience and will only be used to provide access to third party sites and for no other purpose. We do not guarantee the quality, content or information on the product or service which provided or operated by third parties.

 

Registration

  1. You are required to register in the application to be able to use the provided features.
  2. You must provide authentic data and information in accordance with the facts and conditions. If it does not match the facts and conditions, this includes falsifying information.
  3. To register the application, you must provide requested information in the form of personal data.

Information Collection and Use

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to

  1. Name
  2. Email address
  3. Address
  4. Phone Number
  5. Photos
  6. Device ID
  7. Approximate Location
  8. Precise Location

The information that we request will be sent to the server for features in our app. it also help us to improve our services regarding this information.

Personal data

  1. You acknowledge and agree that we collect personal data provided when you create an account and profile as well as when using the features in the application.
  2. Required information on the registration includes:

(a) General Data:

(1) Full name according to valid identity card (KTP or Passport)

(2) Place & date of birth (KTP or Passport)

(3) Electronic mail/e-mail/e-mail address.

(4) Phone number.

(5) Complete address according to valid identity card (KTP or Passport)

(6) Gender

(b) General Practitioner/Specialist:

Provisions in point (a) general data are added with data in the form of;

(1) Registration certificate (STR) as a general practitioner/specialist.

(2) Practice license (SIP) as a general practitioner/specialist.

(3) Location of a general practitioner/specialist practice.

(c) Nurses/Midwives/Other Health Workers:

The provisions in point (a) are generally added with data in the form of;

(1) Registration Certificate (STR) for a nurse/midwife

(2) License to practice (SIP/ SIPB) nurse/midwife

(3) Practice location if partners provide independent services.

 

(d) Pharmacy/Clinic/Hospital:

The provisions in point (a) are generally filled in by the person in charge of the business and added with data in the form of;

(1) Business license/business operational permit

(2) Letter of business responsibility

(3) Letter of Pharmacist responsibility (applicable for pharmacy)

(4) Business location

 

  1. You acknowledge and agree that we also have the right to collect information when you use the application, including but not limited to: location/GPS coordinates (if you activate this feature), Internet Protocol (IP) address (if using a browser), operating system, browser type, the referring application address and your activity on the application. You can activate or deactivate location services when you use the application.
  2. You acknowledge and agree that we have the right to verify information about personal data that has been submitted to you through the application with other parties.
  3. By using the Application, you guarantee that the information you provide is accurate and true.
  4. If you provide false information, we are not responsible for any consequences that may occur in the provision and use of such incorrect information.

 

Application Services

This application is equipped with Video Call and Chat services from partners to users for your convenience interaction. Voice Call and Chat Services able to transmit images, data and video to the partners related to your medical condition. You acknowledge and agree that for the purposes of medical records, the Video Call service may be stored in the application.

 

Limitation of Liability

  1. That you acknowledge and agree that the use of the LEKASEHAT Platform is only a means to facilitate the search for services which aim to provide comfort and convenience to you in interacting with LEKASEHAT service partners, including general practitioners, specialists, nurses, midwives, pharmacist, clinics or hospital. Therefore, any content and/or statements in the conversations between users with service partners using features from application is a private communication and visibly beyond our control. Later emerging legal issues regarding the content and/or statements of a conversation between users and service partners, fully be your responsibility and service partners. You release us from all charges, lawsuits and legal consequences.
  2. You, as a service partner release all legal responsibility for us to counsel from charge and or lawsuits from users of your service deemed to be detrimental.
  3. If there is an unexpected condition such as injury, death, direct or indirect, material or immaterial damage or loss caused by the interaction between LEKASEHAT service partners and you through the LEKASEHAT Platform, we are not responsible. We are also not responsible for any errors or for any actions taken by the service partners during the execution of the Services. Service partner is not our employee, agent or representative.
  4. You agree that by using this Platform, we are not responsible for the content and/or effects of drugs and/or medical devices ordered or you use.
  5. You acknowledge and agree that by using pharmacy services, we are not responsible for damage or loss of order during transfer via courier delivery by our pharmacy partners, and we are not responsible for the quality of the product, the procedure for giving the product and/or the translation of the prescription by Our pharmacy partners. We are also not responsible for errors in the location or recipient of product delivery caused by incomplete and/or incorrect data that you provide to our officers in our hospitals partner.
  6. You agree that We are not responsible for the diagnosis of our service partners, products quality, procedures for the provision of products and/or misunderstanding of a prescription by our pharmacist.
  7. By using the features of general practitioners, specialist, nurses, midwives, pharmacist, and or clinics or hospitals, you understand that you have the full right to choose a service partner that suits your needs and preferences.
    1. You acknowledge and agree that our service partner pharmacist and other pharmacist have their respective policies regarding the use of drug recommendations or electronic prescriptions. Therefore, we are not responsible if drug recommendations or electronic prescriptions are rejected or cannot be processed by our service partner pharmacist or other pharmacist.
  8. We have the full right to take legal action against any violations committed by you in connection with violations of these provisions and for violations of intellectual property rights related to the Platform.
  9. You acknowledge that payments for consultation and accessing advisory services must be in accordance with the rules and times specified in the application, if you do not follow the provisions later resulting inability to acquire benefit from the application considered as your fault. PT. Lekasehat is not responsible for or refunds the transaction fee.

 

Medical Record Retention Responsibilities

  1. You acknowledge and agree that you give us full rights to process provided data and information during registration and/or when using services including history and other related information.
  2. You acknowledge and understand that anamnesis, diagnosis and therapy information belong to you or other people you consult through this LEKASEHAT platform is confidential, therefore you are willing and claim to keep it for yourself. Recorded data on the platform will be stored as a history.

 

Notice

  1. We are the sole owner of name, icons and logo either partially or completely of LEKASEHAT Platform which is the copyright and trademark that is protected by the laws of the Republic of Indonesia. It is strictly forbidden to use, modify, or post such name, icons, logo or brands without our written consent.
  2. All notifications or requests for information about us will be processed by written requisition and sent to the address at our office at: Perumahan Puri Cempaka, Number A3 Condong Catur, Sleman, DI Yogyakarta or our e-mail address at: office@lekasehat.com.
  3. All notifications and/or requests about users will be processed if submitted directly, sent by courier, registered mail, or e-mail address provided by posting such notifications or requests on the public accessible platform without charges. Notification will be deemed received by you if:
    1. We can demonstrate that the notification, whether in physical or electronic form, has been sent to you; or
    2. We have posted the notification on the Platform which is accessible to the public at no charge.

 

PLATFORM SECURITY

We will always make reasonable efforts to keep this Platform functioning and running smoothly. However, we are not responsible for and will not be responsible for the unavailability of the Platform and/or service features caused by various reasons, including but not limited to maintenance or technical problems. However, you acknowledge and agree that internet transmission or access does not always create a secure and private payment transaction, and therefore any messages or information that you send or use on the Platform may be hijacked or taken by irresponsible third parties.

 

NO WARRANTY

This LEKASEHAT platform is provided "as is" in the sense that you acknowledge and agree that all risks arising from your use of the Platform remain fully with you and you do not have the right to ask for any compensation from us. We DO NOT provide any statements or guarantees regarding:

  1. The Platform will be free from errors and/or defects or functions in combination with hardware, software, systems or other data and that errors and/or defects will be corrected.
  2. Availability and reliability of the Platform and supporting servers that provide the Platform, including being free from viruses and other dangerous components.
  3. Security, timeliness, quality, suitability, availability, accuracy and completeness of the Platform.
  4. The Platform will match your expectations and needs.
  5. Product quality, features and information provided will meet your expectations and needs.

 

CLOSING

  1. We reaffirm if our relationship with you is an independent relationship and between us there is no agency, partnership, joint venture, employee-company or franchisor-franchisee relationship that will arise with these Terms of Use.
  2. We have the right to investigate and claim our rights for any violations of these Terms of Use to the extent possible and permitted by law. You hereby acknowledge that we have the right to monitor access to the use of the Platform to ensure compliance with these Terms of Use, or to comply with applicable regulations or orders or requirements from courts, administrative agencies or other government agencies.
  3. We have the right, without prior notification, to take the necessary actions if manipulation/ fraud is found, such as closing or cancelling accounts, withdrawing subsidies, withdrawing cashback, cancelling transactions, withholding funds, and other matters if fraud, money laundry or any violations committed by you on these Terms of Use and the applicable legal provisions in the territory of Indonesia occurred.
  4. That the Terms of Use of this platform are regulated and interpreted and implemented based on the applicable law in the Republic of Indonesia and you firmly agree that the provisions of Article 1266 of the Civil Code and other provisions that require court approval to terminate the Terms of Use are not applied to these Terms of Use.
  5. That all disputes relating to these Terms of Use are resolved by deliberation to reach consensus or through the Indonesian National Arbitration Board (BANI), in accordance with the procedures applicable at BANI. If both parties do not agree to resolve the dispute at BANI, the dispute will be resolved through the Local District Court.