Last updated 1st March 2023

The terms “we”, “us”, “our” “Khmermedical” refer to a brand owned by owned by S.I.B.S Khmer Medical Co. Ltd. (“SIBS”) a company incorporated with Company Registration Number 00052191 in the Kingdom of Cambodia:. Khmermedical operates the website located at https://www.Khmermedical.com/ and other related websites (collectively, “Websites”) and mobile applications (“Apps”). The term “you” refers to the users visiting the Website and/or Apps and /or contributing content on this Website.

These Terms and Conditions enable you to understand your rights and obligations relating to the use of the Websites and/or Apps and any products (“Products”) or services (“Services”) made available on the Websites and/or Apps that you have selected. These Terms and Conditions form a legal binding agreement between you and Khmermedical (the “Agreement”).

By accessing our Websites and/or Apps, purchasing any Products or using any Services offered on our Websites and/or Apps, you acknowledge and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use our Websites and/or Apps.

Khmermedical may amend and update the Terms and Conditions at our sole discretion from time to time. Any amendments or revisions to the Terms and Conditions will be posted on our Websites and Apps, upon which said amendments or revisions will take effect immediately. You are therefore advised to check our Websites and Apps from time to time to ensure that you are aware of any amendments to the Terms and Conditions.

By continuing to use our Websites and/or Apps, you signify that you have read and understood these Terms and Conditions, and accepted and agreed to be bound by the terms of these Terms and Conditions as well as any amended version thereof.

USE OF THE WEBSITES AND APPS

As a condition of your use of this Website, you represent and warrant that:

1. you are at least 18 years of age and of sound mind. If you are under the age of 18, you confirm that you have your parent’s or legal guardian’s permission to use our Websites and/or Apps;
2. you have full authority, power and capacity to enter into this Agreement and to perform its obligations hereunder;
3. you have read and understood the Terms and Conditions as well as any documents or terms incorporated herein by reference, and agreed to be bound by the same;
4. you will use our Websites and/or Apps in accordance with the Terms and Conditions and for lawful purposes as stipulated by law;
5. you shall not abuse the Websites and/or Apps in any way, and shall not use the Websites and/or Apps and/or Services in any manner which violates any law or regulations or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of Khmermedical, its affiliates or subsidiaries, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with another user’s use and enjoyment of the Websites and/or Apps and the Services made available on the Websites and/or Apps;
6. you will only use our Websites and/or Apps to purchase Products or Services for you or for another person for whom you are legally authorised to act;
7. in the event that you purchase Products or Services for another person, you will inform such other person about the Terms and Conditions as well as any other documents or terms incorporated herein by reference that apply to the purchase you have made on his or her behalf, including all rules and restrictions applicable thereto;
8. you shall not take any action which is intended to, or would reasonably be expected to harm Khmermedical and the Websites and/or Apps, or which would reasonably be expected to bring Khmermedical into disrepute;
9. all information supplied by you on our Websites and/or Apps is true, accurate, current and complete;
10. if you have an account with our Websites and/or Apps, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

You undertake and agree to notify Khmermedical immediately if any of the aforementioned representations and warranties become untrue, invalid, misleading or incomplete in any respect.

We retain the right at our sole discretion to deny you access to our Websites and/or Apps, Products and Services we offer, and/or terminate your account at any time without notice and for any reason, including, but not limited to, for violation of the Terms and Conditions.

UPDATES

We regularly update, amend, delete or change any information provided on our Websites and/or Apps. Although we will endeavor to ensure that all information contained on our Websites and/or Apps is accurate, we do not guarantee that all information or prices on our Websites and/or Apps will be complete and accurate

NO DOCTOR-PATIENT RELATIONSHIP

All information provided on our Websites and/or Apps and/or through the Services and/or in connection with any communications as supported by Khmermedical, including but not limited to communications with registered specialist doctors, medical practitioners and allied health experts (each a “Practitioner” and collectively, “Practitioners”) providing private online consultations (each, a “Consultation” and collectively, “Consultations”) via our Websites or Apps or any other platform that we may make available from time to time, is intended to be for general information purposes and/or for your convenience only, and is in no way intended to create a doctor–patient relationship between Khmermedical and yourself. The Websites and/or Apps, Products and Services should not be treated as a substitute for professional medical diagnosis or treatment in all circumstances, and reliance on any information provided on the Websites and/or Apps or through the Services, including the credentials and qualifications of the Practitioners, is solely at your own risk.

While Khmermedical endeavors to ensure that only Practitioners with suitable credentials and qualifications shall be allowed to conduct the Consultations, you are solely responsible for satisfying yourself that the Practitioner(s) with whom you consult are suitably qualified and you are empowered to choose the Practitioner(s) that you prefer. In the event that any recommendation is made by Khmermedical or its staff in any way and form, the final selection is still to be determined by yourself and in no way shall Khmermedical be liable if such recommendations are not accurate and/or favorable to you. If you become aware of any Practitioner who is not suitably qualified, please let us know by emailing us at the email address provided below. We reserve the right but will not be obliged to remove any Practitioner’s profile from our Websites and/or Apps at any time.

OUR SERVICES

Our Websites and Apps provide a tele-consulting platform for remote medical consultations and other health and information services. The Services made available on our Websites and Apps may not be applicable to all individuals, patients, clients or all clinical situations. Some medical conditions are not suitable for remote medical consultations. If you are unsure whether you have been able to explain or communicate to the Practitioner(s) your medical conditions and needs accurately or fully, or if you have any other concerns, you are recommended to seek advice from a medical practitioner in person. You should not use our Services in an emergency, or if you have a mental health issue or any other condition that you know or reasonably be expected to require a physical examination.

Khmermedical makes no claims or warranties as to the effectiveness of any Services made available on our Websites and Apps. Any Services made available on our Websites and Apps are for your information only and do not necessarily imply appropriateness for any particular individual or medical condition, or prediction of the effectiveness, outcome or success of such Services

MEDICAL ADVICE

Khmermedical does not provide any medical advice. While our Websites and Apps are designed to facilitate and support your Consultations as well as the health decisions and choices that you make, said decisions and choices are yours and you are ultimately responsible for the same.

You may ask questions on our Websites and Apps or during private Consultations. You may find answers to your questions on our Websites and Apps, or the Practitioners may provide you with medical advice during and/or after your Consultations. Such advice is the sole responsibility of the Practitioners, and Khmermedical shall in no way be liable or responsible for the same.

Khmermedical, our Websites and Apps are not your doctor. When you participate in online Consultations, you understand and agree that the advice given during the Consultations are based on the information you provide to the Practitioners, including but not limited to your health records, medical examination history and your description of the conditions or symptoms that you experience at the relevant time. You acknowledge and agree that you shall not hold

Khmermedical and the Practitioners responsible for any misdiagnoses as a result of inaccurate information given by you.

The Practitioners shall be solely responsible for determining the need for a face-to-face consultation with you and Khmermedical shall not be held liable for any misdiagnoses, acts or omissions of the Practitioners.

NO WARRANTIES

Our Websites and Apps, and the Products and Services made available on our Websites and Apps are provided “as is”. Neither Khmermedical, the Practitioners, nor any other user of the Websites and Apps, make any express or implied warranties, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.

While Khmermedical endeavors to ensure that the Practitioners are validly accredited and/or licensed to practise their field of expertise, and that the content of our Websites and Apps or the Products or Services made available on our Websites and Apps satisfy government regulations, Khmermedical shall not be held liable for any breach of government regulations which does not result from Khmermedical’s acts or omissions, and/or which is beyond Khmermedical’s reasonable control.

To the extent permitted by the applicable law, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms and Conditions are excluded and, to the extent such terms, conditions, warranties and statements cannot be exclude, Khmermedical disclaims any liability in relation to the same.

LIMITATION OF LIABILITY

Content published on our Websites and Apps (including but not limited to information on the Products and Services and information provided during or after private Consultations) (collectively, “Content”) may include accuracies or errors. Khmermedical does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the Content. Khmermedical makes no representations about the suitability of the Content, Products and Services published on the Websites and Apps for any purpose, and the inclusion or offering of any Products or Services on this Website does not constitute any endorsement or recommendation of such Products or Services by Khmermedical. Khmermedical makes no representations or warranties with respect to any Content, including and but not limited to information regarding treatment of medical conditions, actions, or application of medication.

Under no circumstances shall Khmermedical be liable to you or any other person for any losses, damages and/or claims, including any direct, indirect, special, incidental, exemplary, consequential or other damages, under tort, contract, strict liability or otherwise, sustained or incurred by you or any other person resulting from:

1. your access to and use of our Websites and/or Apps;
2. your reliance on any Content and/or any advice or other information given during or after the Consultations; and
3. any computer viruses, information, software, linked sites, Products and Services obtained through the Websites and/or Apps.
4. Without limiting the generality of the foregoing, Khmermedical shall have no liability for:
5. any loss or injury caused, in whole or in part, by Khmermedical’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Content;
6. any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or
7. any decision made or action taken or not taken in reliance upon such information.

If, despite the limitation above, Khmermedical is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, in no circumstances will the aggregate liability of Khmermedical, whether in contract, tort or otherwise, for damages to you under this Agreement exceed USD5,000 (United States Dollar Five Thousand Only).

INDEMNITY

To the fullest extent permitted by the applicable law, you shall indemnify, defend and hold harmless Khmermedical, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns,from and against claims or demands, causes of action, judgments, liabilities, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from:

1. your access to and use of the Websites and/or Apps;
2. your purchase of Products and/or use of the Services;
3. any information posted or made available by you on the Websites and/or Apps;
4. anything you do using the Content, Websites and/or Apps;
5. any violation of applicable law or the rights of any third party that occurs through your use of the Content, Websites and/or Apps;
6. your breach or violation of this Agreement;
7. any inaccuracy in any representation or warranty that you make under this Agreement;
8. anything done or failure to do anything by you in carrying out your obligations under this Agreement; and/or
9. any other willful misconduct, default, unauthorized acts or willful omission on your part.

COMPLIANCE WITH LOCAL LAW

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Websites and/or Apps within one (1) year from the date on which such claim or cause of action arose or accrued or such claim or cause of action will be irrevocably waived.

CLAIMS AGAINST KHMERMEDICAL

Every jurisdiction has its own law and regulations in respect of the use of telemedicine services (the “Local Regulations”). By accessing the Websites and/or Apps and using the Services, you confirm that you understand your obligations under the Local Regulations applicable in the territory in which you are located and will comply with such Local Regulations.

The Websites and/or Apps may be viewed internationally and may contain references to products or services not available or approved in all countries. References to a particular product or service do not imply that such product or service is appropriate or available for purchase by all persons in all locations, or that we intend to make such product or service available in such locations. We make no representation that all products, Services or Content described on or available through the Websites and/or Apps are appropriate or available for use in locations outside of The Kingdom of Cambodia. You agree that you access our Websites and/or Apps, purchase the Products and use the Services on your own initiative and are responsible for compliance with all local law and regulations.

KHMERMEDICAL’S COMPLIANCE WITH LOCAL LAW

The performance of our obligations under these Terms and Conditions is subject to the existing law and legal process in the Kingdow of Cambodia, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access to and use of the Websites and/or Apps, purchase or Products and use of Services, or information provided by us with respect to such access, purchase and use.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

TRANSFER OF INFORMATION

Any information you provide to us in connection with your use of the Websites and/or Apps, purchase of Products or use of Services will be transferred to our related companies or subsidiaries or authorized representatives in accordance with our Privacy Policy and the applicable law. By accessing and using our Websites and/or Apps, you consent to this transfer of information, our Privacy Policy and the Terms and Conditions.

PAYMENT

Prices. The prices of the Products and Services will be set out on the Websites or Apps at the time of purchasing of Products and Services. Said prices may change at any time depending on the suppliers or providers of the Products and Services. However, any changes in prices shall not affect any Products or Services which you have ordered prior to the changes in prices.

Payment. You shall be responsible for paying the prices of the Products and/or Services that you have ordered as well as any other applicable charges, which may include but shall not be limited to the following:

1. any local taxes, if applicable;
2. transaction fees or other processing fees charged by the bank or other agency processing the transaction;
3. any other related fees.

You may make payment using your credit card or any other payment methods enabled on the Websites and Apps. You will be charged at the point of purchase of the Products or completion of the Services, as the case may be.

Refund Policy. Unless otherwise provided in these Terms and Conditions, all purchases of Products and/or Services are final, irreversible and non-refundable.

CANCELLATION OF ORDERS

Notwithstanding any provisions of these Terms and Conditions, Khmermedical reserves the right to refuse or cancel any order, wholly or in part, for any reason. In the event that Khmermedical refuses or cancel any order for any reasons unrelated to any wrongdoings or failure to comply with the Terms and Conditions on your part, Khmermedical shall refund the fees paid to you for the Products and/or Services that have been refused or cancelled.

For the avoidance of doubt, no refund shall be made to you in the event that your orders for Products and/or Services are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with the Terms and Conditions on your part. Further, Khmermedical reserves the right to impose a cancellation fee in the event that your orders are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with the Terms and Conditions on your part. Khmermedical also reserves the right to impose a penalty in the event that you are late for your Consultations.

INTELLECTUAL PROPERTY

Khmermedical retains all right, title and interest in all of Khmermedical’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trade mark, and any trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of Khmermedical’s Intellectual Property Rights for any reason whatsoever without Khmermedical’s prior written consent.

Without limiting the above, Khmermedical retains all Intellectual Property Rights over the source code and technical information relating to the Websites and Apps, as well as all content and information relating to the Websites and Apps, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms and Conditions shall not confer any right or interest upon you to Khmermedical’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use Websites and/or Apps and the Products and Services made available through the Websites and/or Apps.

You shall not use the name, logo, trade mark, trade name, service mark or other symbol of or associated with Khmermedical for any purpose whatsoever without obtaining prior written consent of Khmermedical.

GOVERNING LAW & JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of the Kingdom of Cambodia, and the parties hereby agree to submit to the exclusive jurisdiction of the courts of Cambodia.

SEVERABILITY

In the event that any term, condition or provision contained in these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, the same shall to that extent be severed from the Terms and Conditions and the remainder of which shall continue to be valid and enforceable to the fullest extent permitted by law.

NO ASSIGNMENT

You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining the prior written consent of Khmermedical. Any purported assignment in violation of this Clause shall be deemed null and void.

RIGHTS OF THIRD PARTIES

Save where expressly allowed in this Agreement, a person who is not a party to this Agreement shall have no right under the Terms and Conditions, or as may be modified, supplemented or adapted from time to time, to enforce any of the terms of this Agreement.

NO RELATIONSHIP

Nothing in these Terms and Conditions shall be construed to constitute a partnership, agency, or joint venture between you and Khmermedical, and you shall not have, or represent to any third party whether by words or by actions that you have, the authority or power to bind Khmermedical or to create liability on the part of Khmermedical.

SOCIAL SHARING FEATURES AND LINKS TO OTHER WEBSITES

Our Websites and/or Apps may offer social sharing features, links to social media and other integrated tools. In addition, we may, from time to time, provide you with links to other websites for your convenience and information, or other third-party websites may share link to our Websites. We do not control such other social sharing features, social media and websites, and are not responsible for their contents, privacy practices or other practices. Our inclusion of links to such other social sharing features, social media and websites does not imply any endorsement of the material on such social sharing features, social media and websites or any association with their operators.

You are therefore advised to visit the privacy policies and Terms and Conditions of the entities that provide these social sharing features, social media and websites.

PRIVACY

We may collect, use and/or disclose personal data which includes without limitation, name, passport number or other identification number, address, mobile number, email address, photograph in connection with your access and use of the Websites and/or Apps, purchase of Products or use of Services.

Please refer to our Privacy Policy, a copy of which is available at https://Khmermedical.com/privacy-policy which is hereby incorporated herein by reference, for our personal data protection policy governing our collection of personal data.

CONTACT INFORMATION

Should you have any comments and/or queries on the Terms and Conditions, please contact us at

S.I.B.S Khmer Medical Co.Ltd

Company Registration Number: 00052191

Address: No 55, 3rd Floor, St 566 Sangkat Boeung Kok 1, Khan Toul Kork, Phnom Penh, Kingdom of Cambodia

Email: enquiries@khmermedical.com

In order for us to process your request, please provide us with the following information:

1. your full name;
2. your contact number;
3. your email address;
4. details of the nature of your comments and/or queries.