1. Contracting party
Ever Medical Technologies Co., Ltd. (hereinafter referred to as “Ever”, “we”, “us”, “our” or “EMT”) is an intermediate platform between hospitals/clinics/medical personnel and/or other service providers (hereinafter referred to as “ Providers”) and patients (hereinafter referred to as “user”, “patient”, “you” or “your”) who are looking for medical and aesthetic services (“Medical Services”), services concerning massages and spas or other related services as provided by the Providers ( “Other Related Services”) (Medical Services and Other Related Services are collectively referred to as the “Services” ). By using the Services, you hereby agree to be bound by these Terms and Conditions.
2. Our Services
2.1. Ever operates an online Platform for patients who are seeking care in various countries around the world. Through our Platform, you can compare, consult and book for Medical Services with Providers worldwide.
2.2. By making a reservation through our Platform, you enter into a direct contractual relationship with the Providers whom you make a reservation or purchase a Medical Service and/or Other Related Service (as the case may be). From the point at which you make a reservation, EMT acts solely as an intermediary between you and the Providers. EMT is not a party to any agreement between you and the Providers and is not liable for any (attributable) failure to perform, claims or other damages arising out of or in connection to this relationship. As requested by the user, EMT (as the Platform owner) will, at its sole discretion but not obligation, use its effort to support the user for any settlement of dispute between the user and the Providers.
2.3. Some of our Services are subject to specific terms. Additional terms will be available only with the relevant Services. If you use those Services, you agree to fully comply with those specific terms.
2.4. Other Related Services may be provided as requested by you, each at an individual or bundled cost, including but not limited to
- case management,
- medical record translation,
- on-site medical interpreter,
- remote second opinion,
- organization of visa and
- accommodation of companion.
2.5. Ever does not refer the user to certain individual Providers but only delivers information about Providers based on the needs of a given user, including but not limited to period of availability, cost, geographic area, medical needs. Thus, the user will not be allocated to any specific Providers but will instead be provided with a list of Providers of their choice.
2.6. Ever enables communication between the user and Providers. Any information regarding the Providers and/or the Services provided on our Platform, is based on data, either provided by the Providers or available online and offline from a variety of sources legally available to third parties and/or public.
2.7. Notwithstanding anything herein to the contrary, EMT shall not be considered as a party to the contracts between Providers and user, or, in any manner, be involved in the contractual relationship between Providers and user.
2.8. The user understands and agrees that Ever. shall not assume contractual liability arising from or in connection with the contracts between user and Providers.
2.9. User understands that EMT does not provide Medical Services itself. Moreover, it is important to note that the information provided on our Platform, including the information provided by the Providers and other third parties, cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.
2.10. Benefit offered by EMT and/or the Providers to each user can vary from one user to another, depending on service history of each user, promotional program of each product and/or marketing policy of EMT and/or the Providers.
3. User Account and data
3.1. Registration is not required for basic use of the Platform. However, to enjoy the full benefits and functions of the Platform, we recommend user to complete user’s registration by providing data as specified by EMT.
- User ID chosen by the User;
- Password chosen by the User;
- Email address;
- Phone number, including mobile number;
- Health and medical profile or records and/or treatment history
- Any other details that may be required during the registration process, as determined solely by EMT from time to time and any other details as the user may wish to provide voluntarily, on the basis of explicit written consent, such as sensitive information concerning the health of the user.
3.3. User shall be responsible for maintaining the confidentiality of his/her account and password and for restricting its access to any third party.
3.4. User can change Login Name or Username, and/or Password, and/or PIN – Person Identification Number, and/or other passcodes relating to access of the Services at any time, by following the procedures and conditions as prescribed by EMT.
3.5. User shall be responsible for all activities that occur under your account and password.
3.6. User agrees to immediately notify EMT of any unauthorized use of user’s password or account or any other breach of security and take any relevant action to prevent damage or mitigate existing damage. It is user’s responsibility to exit from the account at the end of each session.
3.7. User shall only provide true and up to date information to EMT, Providers or other third persons on the Platform or in connection with the Services rendered to the user.
3.8. User confirms that he/she has reached the legal age, depending on the governing law of your nationality or obtained parental consent to use the Platform and/or to obtain the Services.
4. Registration for Creation of Patient’s Account
4.1. You may register to create one or more account for others; provided that:
a). that person is under your authority as a legal parent or guardian; or
b). that person is under your care or responsibility as a legal caregiver or carer.
4.2. EMT may ask for any information or documents necessary to verify identity, relationship between you and the person under your authority or care, consent and/or authorization to act on behalf of the person under your authority or care. EMT reserves the right to reject or deny any application for registration under this clause if EMT has not received sufficient documents and/or information, or such registration may violate any provisions of the applicable laws.
4.3. By registering on behalf of other person, you represent and warrant to EMT that:
a). you have the legal authority or guardianship over the person under your authority or care and/or authority to do things on behalf of such person (e.g. registration of that person’s account, giving consent concerning personal data, and any activities done on behalf of the that person); and/or
b). such person is under your care or responsibility as a legal caregiver or carer.
c). You are legally authorized to do things on behalf of the person under your authority or care
4.4. EMT’s approval for registration of account of person under your authority or care does not release you from any responsibility that you may have to EMT.
4.5. In the case of registration of account for a minor who is not yet competent to give his/her own consent concerning personal data under applicable laws, you will have the right over the minor’s personal data, subject to the conditions prescribed by EMT. After the minor is competent to legally give consent concerning personal data under applicable laws, EMT will obtain consent directly from him/her.
4.6. EMT may, at its reasonable discretion, request the person under your authority or care whom you registered the account on his/her behalf to take control over his/her own account as a user of EMT in order to comply with the laws.
5. The Use of Platform
5.1. The use of the Platform requires the user to provide personal contact details in order for EMT or Providers to be able to assist the user to obtain the Services.
5.2. The access of the Platform is free for the user. User can, however, order, book Medical Services and/or Other Related Services for an extra charge. Before ordering/booking the Services for which a charge applies, the exact charge amount will be displayed at the checkout page. User will be able to review and correct the order data before purchasing such Services.
With the placement of an order, the user does submit a binding offer to EMT for the conclusion of a contract concerning the requested Services. User will then receive a confirmation email, which indicates acceptance of the Provides, as the case may be.
5.3. EMT reserves the right to update the prices for additional services at its discretion and will display these prices on EMT’s corporate website.
5.4. The information provided to EMT, including the information provided by the Providers and/or other third parties, cannot replace an appropriate medical consultation or an appropriate medical examination. The information shall not be used to independently decide whether to commence or terminate a medical treatment.
5.5. User shall provide EMT current and accurate identification, contact and other information to verify user’s identity and eligibility. User is responsible for maintaining the accuracy and completeness of this information, and certifies that the information provided is true and accurate.
5.6. EMT may at any time review user’s medical records covering both periods prior to and after your interaction with EMT and/or Providers, and any records created as a result of Services received. Moreover, if this is justifiable in given circumstances, EMT may request additional medical records, including records concerning care the user received after receiving the Services. EMT may review these records to better understand the course of treatment, including information regarding outcomes and costs, and to improve treatments and recommendations.
5.7. User agrees and acknowledges that EMT does not warrant the accuracy, update and completeness of content on the Platform, including but not limited the Medical Services fee, the fee of Other Related Services, details of any promotional package, and does not warrant that the Platform is virus-free or free from other elements that may affect your mobile device or computer.
5.8. Every time the Platform are used, it is deemed that user acknowledges and fully understands of these Terms & Conditions, including any additional or specific terms and amendments thereof which are fully in effect at the time, and agrees to comply with those Terms & Conditions and any amendments thereof in all respects.
5.9. If there is any mistake from using the Platform or if user have any question regarding information of the user or the person under your authority or care, you will notify relevant details to EMT or the Providers for further actions.
6. Personal Data Protection
6.1. EMT may record your conversation with the Providers made through the Platform, including collect, store and/or process user’s information and/or user’s transaction history and/or any information relating to the use of our Platform by user and the processing of such information. In addition, EMT may process, collect, use, and disclose your personal data for the purpose to improve and develop the Platform, including conduct satisfactory survey relating to the use of the Platform, and to offer any products or services of EMT that you may be interested in, if you have given consent to EMT.
7. Intellectual Property Rights
7.1. Any and all intellectual property rights, including but not limited to copyrights, inventions, patents, trademarks, trade secrets, domain names, know-how, which subsists now or in the past or which subsists in the future regarding the Platform shall exclusively belong to EMT and those rights shall not be reproduced or disclosed or used in their original or translated form by the user that might jeopardize the legitimate interests of EMT in any manner, either directly or indirectly.
7.2. User is only granted a non-exclusive, non-transferable, non-assignable and limited rights to access and use the Platform as expressly stated herein. They are not entitled to claim a right or any additional rights in the Platform (including additional services) and/or any other intellectual property rights associated therewith.
8. Payments, Deposits and Down Payment
8.1. User may choose to pay the Services fees and the fee of relevant services (as applicable) by way of credit card, debit card, or by other methods available on the Platform.
8.2. The process of all payments shall be made through the Platform via a third-party payment provider. EMT shall not be liable for any loss or damages incurred by any action and/or omission of the third-party payment provider.
8.3. Policies and terms of payment (including Down Payment) shall be as prescribed by each Provider and may vary by the Providers. EMT shall not be liable for any loss or damages incurred from such policies and terms of payment of the Providers.
8.4. If user fails to pay any fees or any other amounts due under the policies and terms of payment of the Providers, EMT may suspend or close user’s account and revoke user’s access to the Platform without any advance notice.
8.5. When non – refundable charge is due and the user, for any reason, including but not limited to cancelled his/her/ its bank card or initiated charge – back, user hereby accepts that EMT and/or the Providers (as the case may be) is entitled to pursue the remaining amount in legal proceedings. The user is aware that, in case EMT and/or the Providers would be forced to commence legal proceedings in order to secure repayment of the debt owing, user may be liable for any court costs, attorney fees and costs related to enforcement of the judgement.
8.6. Certain Services by the Providers may require a Down Payment to be made by the user. The respective amount and the cancellation policies will be displayed on the checkout page and in the confirmation email.
8.7. EMT will communicate the respective Down Payment amount to the user and the Down Payment is arranged between the user and Providers only.
8.8. In the event of any refund request for any booking successfully made through the Platform, details and amount of the refunds, shall be subject to terms and conditions of each Provider. Ever will, as requested by you, support you in respect of your refund request.
9. Responsibilities of User
9.1. User will not use the Platform for purposes other than obtaining the Services.
9.2. User will not, by itself or allow others to, do the following actions:
a). upload or submit through the Platform data containing virus, malwares, Trojans or software program that interferes, intervenes, blocks, or destroys computer system into the computer network of EMT;
b). copy, decompile, reverse engineer or act in any way to change any part of the Platform;
c). interrupt, interfere or block the software operation, system, equipment, tools, or network used in provision of the Platform or violate rules, regulations or policies;
d). avoid the creditability and safety investigation procedure of the Platform or any related systems;
e). access into and/or use the Platform by any other method than those stipulated in these Terms and Conditions;
f). use the Platform in any manner that violates the laws; and
g). permit any persons to use your User’s name, Identification Code or any procedures to access into and use the Platform.
9.3. User agrees to defend and hold harmless EMT (including the Providers) against and from any allegations or claims of any third person arising or relating to your violation of the laws or these Terms and Conditions or use of the Platform in any manner that may cause damages to any person. User further agrees to indemnify EMT (including the Providers) for any damages and expenses, directly or indirectly, arising out of such events (including but not limited to attorney fee and costs of defending legal actions).
10. Amendment, Restriction, Suspension or Cancellation of Services
10.1. The Platform are provided ‘AS IS’ and ‘AS AVAILABLE’. EMT reserves the rights to improve or update the Platform from time to time without prior notice to improve efficiency or user experience, which may amend, restrict, suspend or cancel some function or feature of the Platform.
10.2. EMT reserves the right to immediately suspend or restrict the accessibility to the Platform in whole or in part if EMT suspects or believes that the Platform are used in any manners violating these Terms and Conditions or the applicable laws or contrary to public order or good morals, or in any abnormal manner or that there is a reasonable ground to believe that such use of the Platform will likely cause damages to any person.
10.3. User accepts that EMT has the right to deny any access or use of the Platform, suspend or cancel access to the Platform, in part or in whole, at its sole discretion for any reason.
11. Limitation of Liability and Disclaimer of Warranty
11.1. EMT develops, owns, and operates the Platform which serves as only a medium platform for the user, without being involved in providing the Services itself. The Services is completely handled by the Providers and/or other third-party provider (as the case may be). Thus, the Providers and/or other third-party provider (as the case may be) are/is solely responsible for any damage, claims, and liability arisen from the provision of the Services.
11.2. To the maximum extent permitted by applicable law, EMT shall not be, jointly or separately, liable to the user for any losses or damages incurred in connection with or as a result of the Services. User acknowledges and agrees that the entire risks arising out of the user's use of the Platform remain solely and absolutely with the user and the user shall have no recourse whatsoever to EMT, except where such losses or damages were caused by EMT's breach of these Terms and Conditions, fraud, or gross negligence on the part of EMT itself.
11.3. In no event shall EMT be liable for any damages, whether or not EMT has been advised of the possibility thereof in the case of any force majeure event or act of God or any circumstance beyond EMT's reasonable control (including a malfunction of devices, communication system and their failure to work whatsoever, and/or other systems relating to the Platform, computer virus or harmful data, illegal acts of individuals beyond EMT's control); and in the case of a period under which the maintenance of the system is carried out, which may from time to time render the Platform or the system unavailable.
11.4. In no event shall EMT be liable to you or any third party for any indirect, incidental or consequential, punitive or exemplary, or special damages (including without limitation damages for loss of credibility, loss associated with accessing and/or using the Platform, loss of data, loss resulting from not using data, and foreseeable loss associated with accessing and/or using the Platform.
11.5. As EMT is not involved in any part of the Services, EMT does not guarantee performance of the Providers nor any action by the Providers, whether it be willful or with negligence.
11.6. EMT makes no representation or warranties regarding the accuracy, reliability, completeness or timeliness of the software, content, text, graphics, videos, links, or communications, all of which are provided through the Platform, and you agree to waive any legal or equitable rights or remedies you have or may have against EMT. Notwithstanding the foregoing, in the event that EMT is notified or made aware by related people or third parties that any part of the content appearing via the Platform may cause harm to any other person whether directly or indirectly, EMT reserves the right to determine such matter on a case-by-case basis at EMT's sole discretion, which may result in suspending publicizing any such part of the content in question, as the case may be.
11.7. EMT disclaims all representations and warranties regarding the accuracy or reliability of any third-party content, any third-party website, any third-party application program or any third-party services.
11.8. EMT makes no representation, warranty, condition (whether express or implied), or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of the Platform and/or the software. EMT disclaims all representations, conditions or warranties express or implied, that (a) the access and/or use of the Platform will be of satisfactory quality, secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Platform including the quality of any products, services, information, or other materials purchased or obtained by you through the Platform will be fit for purpose, meet your requirements or expectations.
11.9. EMT disclaims any and all representations and warranties for late performance, non-performance or cancellation of the Platform due to the user's inaccurate input.
11.10. This limitation of Liability and Disclaimer of Warranties shall be construed to encompass any error in supplying information, sending, and receiving information or any act done by EMT, the Providers or other Internet service providers.
User shall defend, indemnify and hold harmless EMT, its subsidiaries, affiliates, contractors and their respective officers, directors, agents, employees against all claims, expenses, and attorney's fees arising from: (a) any breach of these Terms and Conditions by the user; (b) any fraud, misconduct, or gross negligence by the user; (c) any misuse of the Platform by the user; and (d) any violation of any law or regulation by the user.
13. No waiver
EMT’s failure to insist upon strict performance of any provision of this T & C shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the user in performance or compliance with any of these Terms and Conditions.
15. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of Thailand. Any disputes or claims arising out of relating to use of the Services under these Terms shall be submitted to the exclusive jurisdiction of court of Thailand.
Prior to resorting to litigation, the User is obligated to attempt to resolve disputes by contacting customer service at email@example.com. EMT shall reply to user’s complaints within 30 days.
If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of these Terms and Conditions and they shall continue in full force and effect. If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, the user shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the user will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms and Conditions.
Any notice and other communications to EMT shall be by email addressed to firstname.lastname@example.org
If the delivery fails, notice can be sent to the address mentioned below:
Ever Medical Technology Co Ltd.
394 Bangkok Bank Building, 5th floor, Rama I Road., Pathum Wan Sub-district, Pathum Wan District, Bangkok, 10330
This Terms and Conditions is effective from 29 July 2022