Latest Update: 01 June 2020
2- Your Acknowledgement of Privacy Statement
By accessing and using Our Services, You have consented to the fact that Your personal information will be processed in accordance with Our Privacy Statement.
3- Your Acknowledgment about Your Access and Use of the Services
3.1. We, Peth Yoeung, are not a medical service provider but a healthcare solutions service provider. We provide digital solutions to members of the healthcare community with a goal to improve the medical and healthcare services they are able to provide to their patients. We strongly recommend that You do not to use Our Services for emergency medical needs. For emergency medical assistance, please directly contact the emergency number(s) of Your nearest location enlisted here.
3.2. All of the service providers who register to use Our Services, including hospitals, clinics, physicians, and other such providers, are independent from Us and have chosen to utilize Our Services to connect with You. Therefore, all information and/or advice issued by medical service providers through Our Services are not from Us, but from the medical service providers only. The medical service providers who use Our Services are solely responsible and accountable for any and all advice or information they provide You, and are also responsible for acting in accordance with all laws applicable to them.
3.3. Neither We, nor any of Our licensors, suppliers or third parties (aside from medical service providers) with whom We work and have contracted to promote Our Services or provide You access to Our Services, shall be liable for any professional advice You receive from any medical service provider through Our Services, nor for any information You obtained from Our Services.
3.4. You acknowledge that Your reliance on information provided by medical service providers or made available and accessible by Our Services is solely at Your own risk.
3.5. We are merely a service tool that enables Your access to healthcare service providers. We do not take any responsibility for, nor do we make any guarantees or warranties regarding, the training or skill of any of the medical service providers who use Our Services. You choose between the medical service providers on Our Services and engage with them at your own risk.
3.6. You hereby certify that You are physically located in Cambodia and that the address You have entered is Your current location. You acknowledge that Your ability to access and use Our Services is conditioned upon the truthfulness of this certification, and that medical service providers and other providers on Our platform rely upon this certification in order to interact with each other and with You. In the event that your certification is inaccurate, You agree to indemnify Us, Our service providers and all users with whom You interact from any damages, costs, or claims resulting from the inaccuracy.
3.7. You hereby certify that all information that You enter or provide on Our Services is accurate. If You provide false or deceptive information regarding Yourself and/or Your service(s), We reserve the right to terminate Your current or future use of Our Services and Our platform(s), and You may face legal consequences. We are determined to enforce this provision in an effort to protect the interests of all parties involved and maintain the integrity of Our Services.
4- Account Registration
4.1. You must be at least 18 years of age to register Your personal account and/or corporate account on Our Services. If You are below the required age, You must have Your parent or legal guardian’s permission to open Your account with Us. Please have Your parents or legal guardian read these Terms with You. If You are a parent or legal guardian, and You allow Your child to use Our Services, then these terms apply to You, and You are responsible for Your child’s activity on Our Services. More information about Our minimum age requirements for access to and use of Our Services can be found in Our Privacy Statement.
4.2. To connect with service providers and users via Our Services, You are required to sign up for an account with Us either as 1) an individual users or as 2) a corporate entity. All corporate entities must also agree to the terms and conditions of an additional agreement with Us regarding the entities’ uses of Our Service.
4.3. When signing up for and opening an account to utilize Our Services, medical service providers and users alike agree to provide accurate information as required, and update such information as is necessary. You are liable for Your failure to provide accurate information. In accepting these Terms, You agree that You will not create more than one account, nor will You create an account for anyone other than Yourself (with the exception of sub-accounts established for underage children, in which case You must be the child’s parent or legal guardian in order to create an account with Us on their behalf).
5- Determination of Corporate Accounts and Administrators
5.1. When You register a corporate account, You may specify one or more administrators of the account. The administrators You choose will have the right to configure the Services setting based on Your requirements and to manage end users in Your corporate account. If Your corporate account is created and configured on Your behalf by a third party, it is likely that such third party has assumed an administrator role for Your organization. If You decide to manage Your corporate account through a third party service, You need to make sure that You have established a suitable agreement with the third party by specifying such party’s roles and restrictions as an administrator for Your corporate account in order to avoid risks. We are not liable for any issues, damages, losses, or other such problems arising from Your use of a third party administrator.
5.2. For a corporate account, You agree to ensure confidentiality of Your corporate account password, to have competent individuals as administrators to manage Your corporate account, and to ensure that all activities that occur in connection with Your corporate account comply with these Terms. You understand that We are not responsible for Your account administration or for internal management of Your account with Us.
5.3. If You have a corporate account, You are responsible for taking all necessary steps to ensure You do not lose control of Your account and Your corporate data is secure. To restore a lost administrator account, refer to Our Recovery Guidelines or email Us at [email protected] for assistance. You must be able to provide all relevant information about Your account in order to reclaim Your corporate administrator account. We are not liable for any and all consequences of any actions taken by Us in a good faith attempt to assist you in recovering Your account and the data associated with it.
6- Prohibited Practices
a) Transmit any messages or information under a false name, or otherwise misrepresent Your affiliation or the origin of materials you transmit;
b) Provide untrue, inaccurate, outdated, or incomplete information on the registration form;
c) Transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory towards minors, harassing, threatening, or hateful;
d) Transmit any message or information that infringes on or violates the intellectual property, privacy, or public rights of others;
e) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through Our Services to anyone without prior permission or consent from Us;
f) Engage in unauthorized “web crawling,” scraping, or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
g) Take any action that imposes an unreasonable or disproportionately large load on Our network or infrastructure;
h) Use any device, software, or routine to interfere or attempt to interfere with the proper working Services or any activity conducted on the Services, or any attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
i) Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
j) Engage in any other conduct that restricts or inhibits anyone from using or enjoying the Services, or
k) That, in Our sole judgment, exposes Us or any of Our users, affiliates, or any other third party to any liability, damages, or detriment of any type;
7- Fees and Payments
7.1 We offer Our Services through two different types of plans, each of which carry different payment options. The first is a plan for corporate entities, which carries a recurring subscription fee for use of Our Services. The second is a plan for individual users, who subscribe to Our Services via Our mobile application and agree to pay a transaction service fee.
7.2 Regarding subscription plans for corporate entities: payment for Our Services can be made virtually through bank transfer or credit card, or by cash through our Appointed Representatives (APs) (locations listed here). We will renew Your subscription plan(s) automatically at the end of each subscription period, unless You downgrade Your paid subscription plan to a free plan or inform Us that You do not wish to renew the subscription prior to the automatic renewal date. At the time of automatic renewal, the subscription fee will be charged automatically, either to the bank account or credit card you have chosen to attach to Your account, or to Your corporate account via Our Appointed Representatives. We give You the option to choose the means of payment You prefer, and You can change Your preferred means of payment at any time. If You do not wish to continue using Our Services, You must inform Us at least one month before the renewal date.
7.3. Regarding transaction service fees for individual subscribers: payment for individual subscribers must be paid either by bank account or credit card; cash payment is not an option. Transaction service fees will be automatically charged to either the Bank Account or Credit Card that You have chosen to make payments for Our Services. A fee will automatically be charged every time You use Our Services.
7.4. Payment is not refundable, regardless of the type of plan You have chosen. Before choosing to use any of Our Services, You are advised to read Our Terms carefully. We may change the price of any Service or alter the rates We charge for the use of Our Services from time to time, as We deem necessary. If We change our rates, You will not be charged the new rate during the payment period in which we make the change; the new rate will not take effect until the next payment period commences.
8- User Restrictions
Regardless of the type of plan You have registered with Us, You shall never commit the following acts while using or engaging with Our Services:
a) Transfer Our Services, or otherwise make Our Services available, to any third party that is not registered and is not specified in these Terms;
b) Provide any services based on or through Our Services without prior written permission from Us;
c) Use third party links to other websites without agreeing to the third party’s Terms and Conditions;
d) Post links to third party sites or use the third party’s logo, company name, or any other copyrighted or trademarked material without the prior written permission of the third party;
e) Publish any personal or confidential information of any person or entity without obtaining the consent of the person or entity;
f) Use Our Services in any manner that could damage, disable, overburden, impair or harm any of Our servers, networks, or computer systems;
g) Violate any national or international laws; or
h) Create a false identity to mislead any person as to Your identity or the origin of any communication.
9- Data Deletion
We at Peth Yoeung respect the data privacy and data security of all users. We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with the user account will be deleted. We will provide You with prior notice of such termination, and will provide You with options to back-up Your data. We are not liable for the loss or deletion of any data that results from Your failure to pursue the options to back-up Your data prior to the termination of Your account. Our data deletion policy may be implemented with respect to any or all of Our Services.
10- Copyright Ownership
10.1. Our Services are protected under the copyright laws of the Kingdom of Cambodia and other relevant countries where We are operating. All copyrighted material made available through Our Services are owned by Us or Our third-party licensors to the full extent, and Our use of these materials is permitted under both the Copyright Law in the Kingdom of Cambodia and under all international copyright law. If You intend to publish, reproduce, distribute, display, perform, edit, adapt, modify any contents that belong to Us or Our third-party licensors, You must obtain written consent from Us first. If You violate Our intellectual property rights in any way, We have the right to take legal action against You.
10.2. All rights to product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and Our Service design, whether or not they appear in large print or are marked with trademark symbols, belong exclusively to Us or to Our licensors and are protected from reproduction, imitation, dilution, and confusing or misleading use under applicable Cambodian and international trademark and copyright laws.
10.3. Any use or misuse of all trademarks and other forms of intellectual property, except as authorized herein, is expressly prohibited. Nothing stated or implied in Our Services confers upon You or anyone else any license or right to any patents or trademarks owned by Us, Our affiliates, any third party or others.
11- Account Security
We prioritize Your privacy, and protecting the data You provide when using Our Services is one of Our top priorities. We have employed Our best efforts in protecting You from any harm that could occur as a result of Your privacy being violated, whether accidentally or intentionally. You are responsible for protecting and securing Your username and password. You are required to do the following to ensure your login information remains secure:
11.1 Do not share Your username or password with any third party;
11.2 Do not allow any third party to access Our Services using your username and password;
11.3 Change Your password regularly, as instructed by Our Service here;
11.4 Notify Us if You have any reason to believe that Your username or password may have been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate Your username and password at any time, if We have reason to believe an unauthorized party has gained access to Your account through misuse of Your username and/or password.
12. Services’ Website and Third Party Contents
12.1. When using Our Services, you may at times see content or information shared by Us or Our providers. This information and content is not to be considered medical advice. You should always consult a qualified healthcare professional with your healthcare-related questions. We do not recommend or endorse any specific tests, providers, medications, products, or procedures, and nothing We say should be considered medical advice on which You or others should rely.
12.2 We may at times make it available for You to access third-party content. In accepting these Terms, You acknowledge and agree that We are not responsible for the availability of such third-party content, and We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. The use of any linked third-party content will be at Your own risk.
13. Consent to the Use of Services
13.1 We respect and uphold patient confidentiality and strive to protect all health information though We are not yet HIPPA certified. We do not share any patient-identifiable information to any third party for purposes other than treatment, payment or other health care operations unless We obtain express consent from the patient.
13.2. When You click the “AGREE” button prior to using Our Services, You are authorizing Our providers to release Your contact information to Us so that we can provide You with information about additional clinical services and/or general wellness. You may opt out of receiving such information by contacting Us at [email protected]. Finally, when using Our Services, You may be asked if You would like to share certain Protected Health Information that has been collected by Apple’s HealthKit with Us at Peth Yoeung. You must approve this request if You would like Us to have access to this information.
14.1. In accepting these Terms, You understand and agree that Your use of Our Services is at Your own risk. Our Services provided here are offered “as is,” and only as availability allows. We at Peth Yoeung disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness. We make no warranties or guarantees regarding the adequacy, currency, accuracy, or completeness of Our Services or any third-party sites linked to from Our platforms. We make no warranty or guarantee that Our Service functions will be uninterrupted, virus-free, or error-free. We expressly disclaim liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. We realize some jurisdictions may not allow the exclusion of implied warranties, in which case, some of the above exclusions may not apply, depending on the jurisdiction in which You are based.
14.2. In no event will We, nor Our subsidiaries, affiliates, licensors, suppliers and their directors, officers, subcontractors, employees, or agents be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of Our Services, any interruption in availability of Our Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of Our Services or the data collected through Our Services, even if one or more of the parties mentioned above have been advised of the possibility of such damages or loss. We realize that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; Our liability in such jurisdictions shall be limited to the maximum extend permitted by law.
14.3 You agree that Your sole remedy for any claim arising out of or in connection with Our Services will be for You to cease use of Our Services. In the event that You are entitled to any damages, damages shall be capped at the amount of Service fees or subscription fees paid by You to US.
14.4 You acknowledge and agree that We at Peth Yoeung are not engaged in the practice of providing medication or medical care, and that We do not ourselves provide medical care to users of Our Services. Peth Yoeung, its licensors, suppliers, and all third parties who promote Our Services or make available any website links to You to use to access Our Services, expressly disclaim any and all liability resulting from the delivery of healthcare via Our Service, including but not limited to any liability for medical malpractice.
In accepting these Terms, You agree to indemnify and hold Us at Peth Yoeung, as well as Our officers, directors, employees, suppliers, and affiliates, harmless from and indemnified against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that Our Services are in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to Your use of the Services, except that such use is authorized by Peth Yoeung.
16. Choice of Arbitration
Any dispute arising out of or in connection with these Terms, including any dispute or question regarding the existence, validity, performance or termination, shall be referred to and resolved by arbitration in the Kingdom of Cambodia in accordance with the Arbitration Rules of the National Commercial Arbitration Center (NCAC) in force at the time of commencement of arbitration. By reference in this clause, the NCAC Rules are deemed to be incorporated as part of these Terms. The Tribunal shall consist of [one or three] arbitrator(s). The language of the arbitration shall be English.
These Terms constitute a legally binding Agreement between Us and You and/or the corporate entity You represent. You must review and be sure You fully understand all of these Terms prior to your use of Our Services. Please contact Us at [email protected] to connect with our legal counsel prior to Your acceptance of these Terms if You have any inquiries or concerns regarding any part or clause of the Terms.