Terms and Conditions EN

Terms and Condition for Using Platform

Section 1: General Information

1.1 Health Plaza Company Limited (“Health Plaza”) provides the platform service in forms of both website and mobile application as called BeDee (“Platform”) for buying or selling products on the platform for product owners (“product owner”) and buyers or potential buyers (depending on context) (“buyer”) products of product owners on the platform (as all called “product owner” and “buyer” called “user”). In addition, Health Plaza also provides telemedicine, remote pharmacy service and selling its own products on the platform.

1.2 These terms and conditions are conditions of the use of Platform for users. The users shall read these terms and conditions thoroughly prior to registration. If the users do not agree with or accept these terms and conditions, please stop registering to use Platform. Once the users complete registration for the use of Platform, it shall deem that the users agree and are bound by these terms and conditions.

Section 2: Qualification of User

2.1 Users must be over 20 years of age and have ability to do juristic acts and abide by terms and conditions under Thai laws.

2.2 Health Plaza reserves the right for not allowing to use Platform if users are not qualified as defined in 2.1

Section 3: Opening a user account

3.1 Users are to perform registration for opening a user account for using Platform (“user account”) with Health Plaza. The users must self-set account name, username and password as specified on the platform and fill out personal information as defined on the platform.

3.2 Account name, username and password must not be duplicate to any of existing users on the platform, appropriate and not contrary to public order and moral standards. The account name, username and password must be approved by Health Plaza through the system on the platform. Once the account name, username and password are approved, the account is opened successfully, the user is now able to use the account to buy or sell products on the platform.

3.3 The aforementioned approved account, username and password are deemed they are issued by Health Plaza.

3.4 Users certify that filled information in the platform system as using for opening the account is true, current and does not lead for misunderstandings.

Section 4: Conditions for the use of Platform

4.1 Each use of Platform, users must login an account opened with Health Plaza and agree to the followings

(1) Keep account, username and password confidentially

(2) Logout the account once completion of each use

(3) Promptly report to Health Plaza if users notice unauthorized access to the account, username or password or the users have a cause to suspect his/her account, username or password is compromised.

4.2 Health Plaza is able to close or terminate the user’s account without any prior notice if the following causes incurring and Health Plaza is not responsible to the users or the third party who may experience damages from closure or suppression of the user’s account

(1) User account has been inactive for a long period of time

(2) Users misconduct or do not comply with these terms and conditions

(3) Users defraud, harass, damage, threaten or coerce other users or Health Plaza

(4) Users have several accounts

(5) Users buy products from Platform with a purpose for resale

(6) Users buy products from a single product owner or group in an unusual manner or excessive quantity

(7) Users misuse discount from conditions as set by a product owner or Health Plaza

(8) Users take the discount on the platform to re-sell to others regardless of means

(9) Buyers do not pay telemedicine fee within a specified time

(10) Users have legal disputes about the use of Platform with a product owner or other users or Health Plaza for any reason

(11) Users have shared or linked Platform to other platforms or websites and received any codes or scripts from aforementioned sharing or linking

4.3 Users can notify Health Plaza to close the account via e-mail at : [email protected] Although the users already notify of the account closure, the users are still responsible for any incomplete business such as delivery or payment

4.4 Health Plaza is not responsible to users for any damages or dispute between the users due to users business on the platform unless the damages caused by Health Plaza’s errors

4.5 Users agree not to conduct the followings

(1) Upload, post, forward or display contents on the platform in acts of illegal, harmful, harass, threatening, scaring, deceiving, defraud, vulgar, defamatory, sensitive political, religious, belief, violation to other’s privacy, offensive, sexual harass, racist, or discrimination

(2) Violate laws, including but not limited to laws and regulations related to restrictions of export and import, the rights of others

(3) Upload, post, forward or commit any contents of minors who are not under guardians or use the service to harm the minors in any manners

(4) Use the service or upload content to impersonate another person or legal entity or display false information about user’s account

(5) Counterfeit or modify user account, username or password to conceal sources of massages that users announce or post on the platform

(6) Delete or modify ownership of statement, intellectual property, announcement or any policy of Health Plaza from the platform

(7) Modify Platform to others without implicit authorization from Health Plaza

(8) Use Platform for benefits of third party or in such manners that are not granted on the platform

(9) Open or have several accounts to do any acts violating these terms or objections of these terms and conditions

(10) Access Health Plaza’s platform by using hardware, orders or programs that Health Plaza doesn’t hold or permit, that are not specific only emulator, simulator, bot or any other software or hardware

(11) Change product costs or intervene product owner’s or Health Plaza’s account of product lists

(12) Any act causing damages to the system for commenting or scoring of products on Health Plaza’s platform

(13) Attempt to extract the file, do reverse engineering, disassemble or hack service system on the platform (or any part of the service) or overcome or destroy any encryption technology or security measures that Health Plaza applies to Platform and/or information forwarded, processed or stored by Health Plaza

(14) Collect information of other users including their personal data

(15) Upload or forward contents that are not belong to users or unauthorized contents (e.g. internal information, licensed information or confidential information the users known by others)

(16) Infringe patents, trademark, trade secret, copyright or other proprietary rights of other users or act in the manner to infringe other users’ intellectual property

(17) Upload, forward or advertise public relation media, junk mails, spam, chain letters, pyramid schemes or any forms of solicitation without being authorized by Health Plaza

(18) Upload, forward or act to make items with software virus, worms, Trojan horse or computer code, routine, file or program designed to directly or indirectly interfere in order to modify, interrupt, destroy or limit functions of computer software or any hardware or data or communication devices working ineffectively

(19) Act to make communication on the platform paused, make the screen move faster than other users to type or any act for negative impacts to the other users’ ability in real time conversation

(20) Intervene, modify or block service or server or network connected with Platform or the use of other users or violate terms, procedures, policy or restrictions of networks connected to the platform

(21) Conduct or participate in the acts that may cause any direct or indirect damages, Platform or servers or network connected to the platform disable or impaired

(22) Use Platform in the means to violate other users’ privacy or interfere other users

(23) Infringe Health Plaza’s intellectual property by any means

(24) Fraudulent product sale on the platform

(25) Offer selling prohibited products as specified in Policy of prohibited or restricted products

4.6 Users must be liable for all contents posted, forwarded, publicly shared or private forwarded via the platform, also Health Plaza shall not control the users’ contents posted, forwarded shared on the platform and not warrant for accuracy, completeness or images of such contents. So the users may find contents causing annoyance, indecent or rude so Health Plaza is not responsible for such contents, including but not limited to mistakes, losses or any damages related to the contents posted, e-mailed, forwarded or used on the platform.

4.7 Even though Health Plaza does not control the contents the users post on the platform but Health Plaza reserves the right to consider, use, refuse, delete or move any contents on the platform according to Health Plaza’s consideration only, however, Health Plaza shall delete the following contents from the platform

(1) Contents violating to Health Plaza’s policy

(2) Contents being complained by other users

(3) Contents infringing other users’ intellectual property

(4) Contents against laws, orders by government or court officers

4.8 Health Plaza reserves the right to block communication, status updating, posting, message or any conversation on the platform to protect distribution other providers’ Platform not Health Plaza

4.9 Users agree that Health Plaza does not certify any accuracy or completeness of any information related to products, product owners, buyers on the platform or chat board on the platform, the users shall self-check properties and the use of the products and agree to risks incurring when buying or using such products

4.10 Transaction of buying or selling by product owners is between buyers and the product owners, Health Plaza does not take any part in such buying or selling the products. Health Plaza is the only Platform provider for the buyers and the owners to buy or sell the products.

4.11 Health Plaza reserves the right to suppress the use of all programs for Health Plaza’s Platform, if the users share or link Platform to another or third party’s websites and receive codes or any scripts from such sharing or linking. Using such codes or scripts is to be under the responsibilities of the third party Not Health Plaza.

4.12 Health Plaza reserves rights to change, suppress or cancel all or part of Platform at any time as appropriate

Section 5: Conditions for Platform in term of Product trading between product owners and potential buyers

Part 1: Delivery of products bought from the product owner

5.1 Buyers can select and order products of the product owners on the platform. When the buyers places a purchase order, they have to select payment method as specified on the platform

5.2 Displayed prices on the platform at the time of ordering are not included shipping cost, the buyers must separately pay the shipping cost as specified rate on the platform, except it is waived according to conditions as specified on the platform.

5.3 Once the buyers complete the payment, Health Plaza will send the order and confirmation of payment to the product owners.

5.4 When the product owners receive the order and confirmation of the payment from Health Plaza, the owners verify if the ordered products are in stock according to the order, if none of the ordered products in stock or the products are not in condition for shipping or any other causes, the owners may do one of the following actions

(1) Cancel or refuse the orders without any liability by notifying Health Plaza to make refund to the buyers

(2) Contact to the buyers to revise to be available products by canceling the order and making a new order. In this case, the buyers have rights either to cancel and make a new order or cancel and request refund

5.5 If the product owners have ordered products available, they will ship the products within a shipping period. If delay or any causes lead to the delay outside a set shipping period, the owners notify the buyers in writing of the delay promptly via the platform. In this case, the buyers have rights to cancel or extend the shipping period. If the buyers cancel the order, it shall be deemed this process is already completed, Health Plaza will refund the buyers.

5.6 Product owners assume all risks of shipping the products and the owners shall provide sufficient insurance for shipping of purchased products. In case the purchased products are damages, lost or not to be shipped during shipping, Health Plaza is not liable for any damages, expenses, costs or fees resulted from aforementioned causes. Also the product owners and/or the buyers shall contact with the shipping couriers to resolve such dispute.

5.7 In case the products are services, the product will be delivered in a form of electronic coupons which will be sent via e-mail, SMS or other electronic methods as set by the product owners.

5.8 For the benefits in this section, shipping period means timing of delivery to the buyers as set 7 days counted the day the buyers complete the payment

Part 2: Transfer of purchase cost to the product owners

5.9 When buyers complete payment of purchased products, Health Plaza shall hold the money as not to transfer to product owners yet until the buyers confirm of receiving the products or expiration of confirming receiving of the products (depending on the case), Health Plaza shall transfer the purchase cost to the product owners after the service fee of using Platform deducted as set by Health Plaza.

5.10 In any dispute between product owners and buyers, Health Plaza may solely apply self-consideration in decision of refund to the buyers or hold the purchase cost until the dispute is resolved without any liability to the product owners or buyers. If Health Plaza holds the purchase cost, once the dispute is resolved, Health Plaza will transfer such cost to the party who entitles to the money, in addition if transfer is made to the product owners, Health Plaza shall call a service fee of using Platform as set by Health Plaza.

5.11 For the benefits of this section, product receiving confirmation period means timing for buyers to confirm receipt of products which is set as 7 day counted from the product owners ship the products

Section 3: Product Return

5.12 When buyers wish to exercise their legal rights to cancel product purchase, the buyers must use that right within a period defined by law that is within 7 days after receipt of the products by requesting product return via available channels set on the platform. Once Health Plaza receives a return request Health Plaza shall coordinate with product owners for the return. The buyers must return the products via defined couriers by Health Plaza, the product owners will assume a return cost, Heath Plaza will refund the purchase cost to the buyers within 15 days from receipt of the request.

*In the first phase, Health Plaza is a product owner so Health Plaza assumes cost of product return and refund purchase cost to the buyers within 15 days from receipt of the request

5.13 If buyers do not right exercise the right according to laws to cancel a purchase order within a legal period as set, the buyers have no right for refund unless product owners agree for the return; however the owners shall agree with the buyers directly. Health Plaza will not refund Platform fee and financial transaction fees, including other payments made to Health Plaza.

Section 4: Responsibilities of Product owners to Buyers

5.14 Product owners is responsible for product information such as product details, inventory. Health Plaza is not involved in any preparation or providing product information

5.15 Product owners set product prices and shipping cost

5.16 Product owners may participate in sale promotion with Health Plaza to promote the sale between buyers and the owners by giving away discounts or other types based on their consideration

5.17 For the promotion that product owners participating with Health Plaza, Health Plaza may post a participated list of products on websites of the third parties

5.18 Product owners shall issue receipts, credit card slips or tax invoices to buyers when the buyers request

5.19 Product owners is responsible for all custom and import duties for all selling products, Health Plaza is not responsible for providing any legal or tax instructions to the product owners

Part 5: Product Sale Fees

5.20 Health Plaza shall charge Platform fee from product owners based on a define rate in the contract of Platform for online product sale between Health Plaza and the product owners

5.21 Health Plaza shall charge a fee of using credit card or debit card according to the rate charged by issuing banks and deduct from product purchase cost which will be transferred by Health Plaza to the product owners. Health Plaza also notifies charging details of using credit card or debit card, fee calculation and relevant conditions via Health Plaza’s platform.

5.22 Product owners may add a fee of using credit card or debit card into a product price. If this case, the product owners agree not to charge any other fees related to using a credit card or debit card from the buyers. Health Plaza reserves rights to terminate or cancel user accounts of the product owners if the owner misconduct per aforementioned conditions.

Section 6: Disputes of products purchased from product owners

5.23 In case problems of product transaction arise, buyers and product owners directly contact to each other for resolving disputes, if disputes still remained, the buyers or the owners can file a lawsuit in a court of competent jurisdiction to settle.

5.24 Buyers and product owners agree not to sue or file any complaints to Health Plaza or parent company or affiliated company or companies in Health Plaza’s group about product trading on the platform or any disputes about aforementioned trading.

5.25 Users can request in writing to Health Plaza to assist with resolving problems that may cause by trading on the platform. Once Health Plaza receives the request, Health Plaza may take any necessary actions to resolve the dispute between users.

Section 6: Advertising Services for product owners

6.1 Health Plaza shall service Paid Advertising Site regularly. Product owners have rights to purchase advertising services according to these terms and conditions as well as other explanation displayed on the platform, advertising websites or written information Health Plaza has provided to the owners (hereafter called as “advertising service rules”). Product owners purchasing advertising services agree to be bound with advertising service rules.

6.2 Product owners to purchase advertising service must not be suspended from the use of a user account or Platform according to these terms and conditions or any other contracts with Health Plaza.

6.3 Once product owners already purchase advertising services they cannot cancel such purchase order or request refund of the service. Health Plaza shall issue an electronic invoice for advertising service on a monthly basis, the product owners must provide correct and accessible e-mail address to Health Plaza for e-mailing aforementioned invoice.

Health Plaza may give advertising credits as selling promotions without any charges to product owners. Aforementioned advertising credits without any charges have their lifetime according to specified details for each item. If such items are not specified lifetime, advertising credits are specified lifetime for 6 months from the date the product owners receive the advertising credits without any charges.

6.4 Products listed on the platform must be under laws, advertising service rules, other relevant rules and Health Plaza’s policy. Product owners understand and agree that Health Plaza reserves the right to delete a product list immediately if the product owners misconduct any of laws, advertising service rules, other relevant rules or Health Plaza’s policy. In addition the product owners remain liability for unpaid advertising service fees.

6.5 Product owners agree that Health Plaza does not assure or warrant a number of viewers or sales will anyway increase from the use of advertising service.

6.6 Product owners shall purchase advertising services after considering budgets and purposes of adverting only, Health Plaza is not responsible for any compensation or liability (including but not limited to actual cost and lost profits) for the result of using advertising services.

6.7 Regardless of any specified statements in these terms and conditions, If Health Plaza is held liable by a court of competent jurisdiction about any advertising services, Health Plaza shall assure liable to product owners for amount that is not exceeded the advertising service fee paid by the product owners.

Section 7: Conditions for purchasing Health Plaza’s products

7.1 Buyers can select products by Health Plaza and make an order on the platform. Once the buyers purchase the products by Health Plaza, they must make payment by selecting a method as specified on the platform.

7.2 Prior to buyers process payment, Health Plaza will check if purchased products are in the inventory or not. If any product on the list is not in inventory or is not in shippable condition or any other causes, Health Plaza reserves rights to cancel, revise or refuse either whole or partly purchased order at any time without any liability.

7.3 Product prices displayed on the platform at the time of ordering are not included shipping cost, buyers must pay shipping cost separately based on a rate specified on the platform except shipping cost is waived according to conditions specified on the platform.

7.4 Once Health Plaza receives purchase orders and confirmation of product payment, Health Plaza will ship the products to buyers within a shipping period. If delay or any causes resulting in the delay out of shipping period, Health Plaza will notify in writing to the buyers about the delay and causes of delay promptly via the platform. In case the buyers cancel the order, the purchase process is then complete, Health Plaza will refund to the buyers.

For the purpose of #7.4 a word “shipping period” is the same definition as defined in #5.8

7.5 Once buyers receive their purchased products, please check the products. If any error, please promptly report to Health Plaza at: [email protected] If the products are not matched with the order, the buyers have options to request either refund or re-ship according to the purchase order by notifying Health Plaza within 7 business days from the receiving date except if the products are damaged, please report Health Plaza within 24 hours once receipt of the products.

Section 8: Telemedicine and Remote Pharmacy Service by Health Plaza

Part 1: Telemedicine

8.1 Telemedicine services provided by Health Plaza on the platform are listed below

(1) Services for consultation and providing basic recommendation about diseases for initial diagnosis by licensed physicians under Health Plaza using remote communication via video conference on the platform.

(2) Services for doctor appointment according to date, time and physicians per a buyer’s request for Health Plaza to schedule on the platform.

(3) Services for remote pharmacy after completion of telemedicine and the physician already prescribes medicine

8.2 To use telemedicine, service charge is a rate displayed on the platform, buyers should learn service rates prior to using telemedicine

8.3 Processes and Conditions for using Telemedicine listed as below

(1) Once starting using the service, buyers can self-select physicians based on their specialties. In case a selected physician is not available, the buyers can either change to another or receive alert when the selected physician becomes available.

(2) Buyers must give all information to Health Plaza, including information and/or images related to the problems the buyers seek for consultation or recommendation. The system will send such buyers’ information or symptoms to the physician for evaluation.

(3) Buyers must access to the platform to receive telemedicine as appointed via videoconference. Once the buyers are in videoconference, the physician will verify name and other identifiable information, including presenting any evidence identified the buyers. Apart from such information, the physician may obtain other relevant information such as medical history, or history of drug allergy. The use of service becomes terminated (at no cost) if the physician cannot identify the buyers.

(4) Physicians initially assess signs or symptoms or indicator of the disease if it is appropriate or safe to undergo this service. If the physicians assess that the buyers’ symptoms are not appropriate to this service, the physicians will notify and recommend the buyers for other appropriate alternatives to the buyers’ symptoms prior to completion of the videoconference.

(5) Buyers acknowledge that the quality of this services depends upon the information notified and provided by the buyers to Health Plaza and physicians.

(6) Buyers acknowledge that for telemedicine, Health Plaza does not certify or warrant any medical procedure or process

(7) To use this telemedicine service

(7.1) Buyers must self-login to use this service for consultation or recommendation for their illness. The buyers will not use other user accounts regardless of being authorized to login. The buyers must not identify themselves as others or do any actions leading misunderstanding that the buyers are other persons or affiliated with others.

(7.2) Buyers must not record any images or audio or screenshot or take pictures throughout using videoconference

(7.3) Buyers are informed of declaration of Patient’s Rights and Duty published on the platform

(7.4) Buyers can inquire to understand information and inherent risks of using telemedicine and the buyers have the right to refuse aforementioned service.

(7.5) In case of using tools, programs or Artificial Intelligence in combination of telemedicine, Health Plaza proceeds as necessary to comply with applicable rules defined by laws such as laws related to medical equipment, drug laws etc. ใน

8.4 After completion of telemedicine service, physicians issues medical certificate, summary of medical recommendation or prescription information sheet (if any) to buyers. Aforementioned documents may be in one file or separated according to the platform system. In case the physicians prescribe medicine, the buyers will receive a remote pharmacy service for receiving medicine as described in a remote pharmacy service in Part 2 of this section.

8.5 Buyers must pay telemedicine charge as specified in Part 4 of this section prior to using the service

8.6 Health Plaza does not ensure that this telemedicine can be usable or suitable outside of Thailand.

8.7 Buyers grant their right to Health Plaza in the use of information the buyers send or upload via application including but not limited to questions, reviews, comments and recommendation. Once the buyers display comments or other information on the application, the buyers also grant the right to Health Plaza in using the name of sender or users associated to reviews, comments or other contents as mentioned, in addition, Health Plaza may consider for distribution, remove or correction of user’s information transmission as appropriate.

8.8 Buyers accept and agree that contents, statements, information, graphic, images, recommendation, guidelines and other contents displayed in articles or information which is to be provided general information as that may be authored by medical staffs. These do not build relationship between buyers as patients and physicians or Health Plaza and buyers; are not counted as medical opinions, medical recommendation or investigation or treatments for any specific symptoms. Health Plaza doesn’t assure or certify quality of accuracy of aforementioned information. Health Plaza is liable for buyers or others for decision making or other actions of buyers using such information.

Part 2: Remote Pharmacy Service

8.9 Remote Pharmacy Service by Health Plaza on the platform consists of the followings

(1) Service for providing consultation and instructions about medication by licensed pharmacists under Health Plaza is by remote communication via teleconference on the platform.

(2) Service for delivery of medication according to consultation or recommendation by pharmacists (if buyers do not use telemedicine by Health Plaza) or prescription.

8.10 Buyers can use aforementioned remote pharmacy service without telemedicine needed. In case buyers use telemedicine and physicians prescribe medication, the buyers will receive a remote pharmacy service thereafter the completion of telemedicine.

8.11 To service remote pharmacy, Health Plaza’s pharmacists will verify identity of buyers; inquire important information for issuing medication; provide instructions and consultation about prescribed medication or medication requested by the buyers including explanation of medication list, administration, cautions, instructions and warning of the use of such medication; and schedule delivery of medication. After that, system in the platform will summarize medication list, cost and shipping fee, including requesting confirmation of place for medication delivery to the buyers. Once the buyers confirm all corrected, the buyers process payment for medication cost and shipping fee as specified in Part 4 of this section.

8.12 Once Health Plaza receives confirmation of medication payment, Health Plaza notifies pharmacists to arrange, pack and deliver to couriers assigned by Health Plaza. The couriers will deliver the medication to the buyers according to a set schedule.

8.13 For receipt of medication, buyers must identify themselves that names match with user accounts and names on prescription or summary of medication list. In case the buyers request others to receive medication on their behalves, the persons must identify themselves as assigned persons to receive medication. Once couriers have checked if medication receivers are either the buyers or assigned persons, the couriers will then deliver the medication. When the buyers receive medication, they must check if drug labels are matched with details on a summary of medication list, or not.

8.14 In case buyers do not come to receive medication as scheduled, couriers will return medication to Health Plaza or places assigned by Health Plaza. In case the buyers still want to have such medication, they must contact Health Plaza for further schedule and the delivery will be followed #8.11 and the buyers must pay additional fee according to a rate defined by Health Plaza for re-delivery.

8.15 Once buyers receive medication, couriers notify confirmation of successful delivery to Health Plaza

8.16 Buyers must comply with recommendation by Health Plaza’s pharmacists as well as instructions on the medication label. If the buyers become allergic or experience side effects from taking or using the medication, or have questions about received medication, please promptly contact Health Plaza

8.17 Health Plaza is not liable for any loss, damages or expenses incurring to the buyers or the third parties. For delayed delivery of medication, if such delay is caused by buyers or the buyers do not pick up the medication or persons at the buyers’ residence refuses to receive medication or incorrect buyers’ addresses or other causes of the buyers’ faults or other uncontrollable events by Health Plaza or Health Plaza’s staffs.

Part 3: Environment Management for receipt of Telemedicine and Remote Pharmacy Services

8.18 To make telemedicine and remote pharmacy services private and appropriate for the use of buyers, Health Plaza shall recommend the buyers to manage their environment at their places closes to the following criteria

(1) Places where buyers are using the services must be private and close system for the buyers’ safety and privacy.

(2) Align a camera attached to electronic device buyers will use as a tool during the use of services at eye level including video and audio system must be in a serviceable condition.

(3) Places must not be in the area of no internet or no wi-fi and adequate light

Part 4: Payment for Telemedicine and Medication

8.19 Buyers must pay charges of telemedicine and medication, and other expenses after receipt of telemedicine and remote pharmacy services via assigned payment channels on the platform

8.20 Buyers acknowledge and agree that Health Plaza will not refund charges of telemedicine and medication, and other expenses at any cases. Also Health Plaza reserves the right to receive returned medication or refund if medication or drug labels are not matched with prescription or summary of medication or any defects or if the buyers have allergic reactions based on details specified in policy for return of medication and refund as announced on the platform only.

8.21 Health insurance coverage plan of buyers may or may not cover charges of telemedicine and medication; and other expenses incurring from the use of telemedicine and remote pharmacy services; hence, please contact a representatives of insurance company or directly insurance company prior to using the services.

8.22 If signal of videoconference loses connection during using the services and Health Plaza could not reach out the buyers to continue the services within 24 hours. Health Plaza reserves the right to charge the buyers telemedicine service fee; even though the buyers do not complete the service session.

Part 9: Disclaimer of Telemedicine and Remote Pharmacy Services

9.1 Health Plaza does not certify or assure that these services or visual or audio connections or information given for consultation are appropriate for method giving consultation to buyers’ illness or matched with buyers’ specific needs. Health Plaza is not responsible for using the platform for telemedicine and remote pharmacy services for emergency or symptoms that are not mild or needs to meet physicians physically for health examination, investigation or treatment or other symptoms requiring exams including but not limited to investigational tests or projection.

9.2 Buyers acknowledge and accept inherent risks of telemedicine and remote pharmacy services and common risks from services provided or given recommendation and prescribing medication or other services under these terms and conditions via the platform including the following risks (a) information sent either by buyers or Health Plaza may not be clear enough or deviated from the real. This may be caused by communicating device, signal or environment during receiving the services (such as unclear pictures, light and audio, poor color of pictures). This also lead to inappropriate for giving consultation or commenting on buyers’ symptoms like face-to-face meeting with physicians (b) Information about buyers’ assessment, and reporting symptoms (such as body temperature, blood pressure and weight) that can impact to accuracy of assessment and giving consultation (c) Lack of buyers’ health information that may lead to drug resistance to prescribed medication, drug allergy or other incurring causes (d) Consultation and recommendation may lead to inaccurate results due to limitation of used technology and other uncontrollable environmental factors (e) Software, hardware, internet, electronic communication, problems of data transmission or failure of data transmission may cause delayed services and (f) Data transmission via internet is not 100% safety; therefore, buyers agrees not to claim any damages caused by aforementioned risks from Health Plaza or servicing physicians

Part 10 Cancellation of Telemedicine and Remote Pharmacy Services

10.1 Buyers agree that Health Plaza reserves the right to limit, suspend or cancel the access to Health Plaza’s telemedicine and remote pharmacy services, either the whole or partial use without notifying or explaining anything to buyers. Also after the cancellation of telemedicine and remote pharmacy services is complete, Health Plaza is not responsible for further providing telemedicine and remote pharmacy services to the buyers.

10.2 Under applicable laws, Health Plaza reserves the right to maintain all communicating information and any files buyers upload to Health Plaza’s platform or directly Health Plaza in accordance with Health Plaza’s policy for information retention or applicable laws.

Part 11: Payment Method

11.1 Health Plaza provides payment methods on the platform for buying from product owners, buying Health Plaza’s products and; telemedicine and remote pharmacy services as below

(1) Credit card and debit card

(2) Application K+

(3) Mobile Banking

(4) QR Code

(5) Alipay (if any)

(6) WeChat (if any)

11.2 Buyers may change a payment method prior to successful payment

11.3 Health Plaza is not liable for any loss or damages to buyers arising from information of delivery and/or payment the buyers enter on the platform or users incorrectly transfer money for buying the product. Health Plaza reserves the right to verify buyers’ payment method or suspend buyers’ transaction until accuracy is confirmed or cancel relevant transaction if no such confirmation.

Part 12 Compensation

Users agree to compensate, protect and make Health Plaza, stakeholders, Health Plaza affiliated companies, board, staff, relevant physicians, representatives, brand partners or other partners and Health Plaza’s staffs (as called “Compensation recipient”) exempted from claims, process, judicial proceeding, and litigation including liabilities, damages, payment of debt, penalties, fines, expenses and all related costs. (Including but not limited to expenses to resolve other disputes) incurring to Compensation recipient. That may cause or be related to (a) any transaction made on the platform or any disputes related to such transaction except Health Plaza or Health Plaza affiliated companies are sellers of such products related to aforementioned disputes (b) Hosting, proceeding, managing and/or administrating service systems by or on behalf of Health Plaza (c) breach or violation of any conditions in this Health Plaza’s policy and other policies or practice guidelines referenced in these terms and conditions (d) Misuse of Platform or (e) Violation of laws or third party’s rights

Section 13: Personal Data

13.1 Health Plaza establishes Privacy Notice as linked [ï] Users shall learn Privacy Notice thoroughly once the users use Platform, it shall deem that the users agree to Health Plaza for collecting, using, disclosing and/or any conducting the users’ personal data accordingly to Privacy Notice and Health Plaza reserves the right to the users’ information incurring when using Platform.

13.2 Users agree that information transmission through Internet may not be safe, even though Health Plaza utilizes information systems in compliance with international standards and security. Health Plaza cannot assure security of personal data transmitted on the platform, the users shall take associated risks.

13.3 Users agree to comply with Protection Personal Data Act enforcing users’ information received from using Platform, including complying and cooperating with Health Plaza in complying with other users who give or own the information.

13.4 Users agree to Health Plaza to access, collect and disclose user’s account and any statements of the users to legal agency or government officer or other persons as defined by laws or according to court order or other causes as below

(1) Comply with legal procedures

(2) Comply with these terms and conditions or other Health Plaza’s policies

(3) Process according to claims, in case the user’s statement infringe intellectual property or other rights of other users or third parties

(4) Follow according to users’ purchase orders

(5) Protect rights, property or security of Health Plaza, users or general public

Section 14: Consequences of Breaching Terms and Conditions

In case, users violate or misconduct these terms and conditions, Health Plaza reserves the rights to conduct the followings

(1) Suspend, cancel or terminate a user account

(2) Limit privileges to use the user account

(3) File criminal case

(4) Sue for damages

Section 15: Intellectual Property

15.1 The use of Platform does not give users the ownership of any intellectual property connected Platform or the contents the users have accessed.

15.2 Health Plaza and/or its business partners hold the ownership of rights and benefits related to copyright, trademark, patent and other intellectual properties or any rights of Platform, including products, or modification, design or other work incurred or created by Health Plaza.

15.3 Health Plaza is not liable for any damages caused by users violate intellectual property of any other person

Section 16 Disclaimer and Limitation of Liability

16.1 Health Plaza provides Platform “as is” without any warranty, claims or certification in any kind both express or implicitly, including but not limited to quality assurance, operation, non-infringement, trading ability, suitability for specific purposes, in addition, no warranty incurring during connection, operation or commercial use.

16.2 Health Plaza does not warrant this Platform or operation in the platform is ready to use, accessible, uninterrupted, timely, safe, accurate, complete or errorless; and no warranty that Platform is ready to use without any virus, clocks, timers, counting, worms, software locks, spy device, Trojan horses, routing, trap doors, time bombs or codes, order, program or other dangerous components.

16.3 Users accept all risks incurred by the use or operation of Platform.

16.4 Health Plaza does not control and not warrant or be liable for the followings

(1) Suitability for objectives, existence, quality, security, or legality of available products on the platform.

(2) Ability of product owners to sell their products or buyers to pay for the products

16.5 In any event, Health Plaza is not liable for any damages for the followings even though Health Plaza is informed possibility of aforementioned damages.

(1) Loss of use, loss of profits, loss of incomes, loss of data, loss of goodwill or failure of knowing expected money for each case both directly or indirectly or

(2) Indirect damages, special damages or consequences

16.6 Users acknowledge and agree the only right the users have about problems or any dissatisfaction to Platform is to request cancellation of user account or to stop using Platform

16.7 Limitation or exclusion of liability does not apply to damages of death or body injuries caused by negligence of Health Plaza, fraud or to any liability of Health Plaza that cannot be limited or excluded by laws.

Section17 Linking to websites of third party and Sharing video from You Tube

17.1 Links of third party on the platform are not under control of Health Plaza, the access to such links is at risk of users, Health Plaza is not liable for any event to contents of aforementioned links, including change or update of such links. Health Plaza provides those links for convenience only. Also any link grouping, Health Plaza does not certify or support sites of contents in the site linked.

17.2 Health Plaza allows users to be able to share video from YouTube in Health Plaza Livestream Feature (“Content of YouTube”) by sharing You Tube content, the users agree to be bound to comply with conditions of the service by You Tube or YouTube Terms of Service (https://developers.google.com/YouTube/terms/api-services-terms-of-service)

Section18 Participation of users to Platform

18.1 Once users post contents on the platform, it shall deem that the users certify and warrant that they have the right and obtain all necessary permission to grant the right of use to Health Plaza. The users agree to be solely liable for anything they post or make available on the platform, including but not limited to accuracy, creditability, legality of submitted contents. The users grant the right of use with no expiration and irrevocable, none-exclusive, royalty free, grantable, and transferable to Health Plaza and subcontractor to use, copy, distribute, republish, present in public, process in public, forward, modify, change, create derivative work from aforementioned submitted information in any media formats and via any media channels, including but not limited to for sale promotion, distributions to any parts of Platform (and derivative work of the platform service) without any authority. The users also agree that contents or anything the users post may be forwarded via any networks and be modified to meet with technical requirements.

18.2 Material, information or concepts users post on the platform or send to Health Plaza regarding of the sending methods (as called “enclosure”) are deems confidential, Health Plaza may distribute or use without liability to the users regarding of any purpose, including but not limited to development, production, marketing. Sending such enclosure to Health Plaza it shall deem that the users accept and agree that Health Plaza and/or third parties may develop programs, software, applications, interphase, product and improvement of such aforementioned without any consent from the users in terms of those functions, code or other specific characteristics that are same or similar to the concepts the users’ enclosure. Therefore; the users agree to grant the right of using enclosure as it cannot be irrevocable, but international, non-exclusive, royalty free, grantable and transferable to Health Plaza and subcontractor in term of development of such enclosure to use, copy, distribute, republish, present in public, process in public, forward, modify, change, create derivative work from aforementioned enclosure in any media formats and via any media channels, including but not limited to for sale promotion, distributions to any parts of Platform (and derivative work of the platform service). The users also agree to waive any right (and derivative work of the platform service). Regulations defined in 18.2 are not to enforce personal data to be under Health Plaza’s Privacy Notice unless the data owners require and agree to publicly disclose their data.

18.3 Participants in Platform regarding information, message, images, audio, video, software and other contents are solely responsible for accuracy, creditability, dispute freed, legal action and legal restrictions in relation to the contents of such enclosure. Health Plaza does not take any liability or track or verify accuracy, creditability, dispute freed, legal action and legal restrictions in relation to the contents of such enclosure. Also Health Plaza is not responsible for either proceeding or not proceeding, enclosure posted or worked via Platform by the participants.

18.4 Platform may link to products, websites, services and offerings of third parties as such the links, products, websites and services are their intellectual properties which may be protected under applicable enforced laws. Health Plaza will not verify and not be responsible for any contents, operating functions, service security, privacy policy or other actions of the third parties. Therefore; linking to products, websites, services and offering of such third parties will be under terms and other policies as defined by the third parties. Health Plaza is not liable for any damages incurred by the users use Platform to link to the third parties or failure of using any websites or widgets. And Health Plaza may cancel the users for the use of Platform, or delete the links of the third parties or applications on the platform, if such linking has found as misconducting to these terms and conditions.

Section 19 Fraudulent or Suspicious Acts

Health Plaza solely holds consideration for any acts of users that may be fraudulent or suspicious and may take any measures to protect Health Plaza, other uses or third parties from reversals, chargebacks, claims, fees, fines, and any liability. Measures Health Plaza may use are as below

(1) Health Plaza may close, suppress or limit users’ access to their accounts or Platform or suppress any transaction of the users

(2) Health Plaza may suppress the users’ privileges

(3) Health Plaza may hold, use or transfer money in the users’ accounts according to court verdicts or orders by legally government officers.

(4) Health Plaza may refuse to provide Platform

(5) Health Plaza may delay payment to users in a necessary period to protect risks of liabilities to Health Plaza or third party or in case Health Plaza has believed that the users conduct any acts or transactions that may be fraudulent or suspicious.

For a purpose of interpretation in Section 19, definition of following words is listed below

“chargebacks” means a complaint filed by buyers to Health Plaza, a responsible person for the buyers’ credit cards or debit cards or the issuing banks in order to invalidate the payment.

“claims” means objection to payment that users or product owners is directly notified to Health Plaza.

“reversals” means refund of the product by Health Plaza because (a) a bank of requester invalidates the payment (b) Health Plaza mistakenly transfers product costs to users (c) deliverer for product cost is not authorized to do so (e.g. a deliverer uses a stolen credit card) (d) users receive product costs from violation of these terms and conditions.

Section 20 Changes of Terms and Conditions

Health Plaza may revise these terms and conditions at any time for providing clear services and aligning with the new service procedures or where changes needed (e.g. when Health Plaza provides more services or new features) by Health Plaza notifies the buyers on the platform. Changes of terms and conditions will be in effect on the date displayed on the website otherwise specified. If the buyers access after the changes, it shall deem that the users agree to changed terms and conditions. Corrections or changes supersede all old versions of terms and conditions.

Section 21 Miscellaneous

21.1 If any terms and conditions are unlawful, void or unenforceable by any reasons, it shall deem that only specific terms and conditions are terminated without causing validity of other terms and conditions to be thereafter impaired.

21.2 Health Plaza may revise these terms and conditions at any times by posting a revised version on the platform, if users access to Platform while the revision posted, Health Plaza shall deem that the users agree to the revised terms and conditions as posted

21.3 Users shall not grant privileges, duties and/or liability according to these terms and conditions to anyone without pre-consent in writing from Health Plaza.

21.4 These terms and conditions shall not build legal relationship between users and Health Plaza as any of a co-investment, partnership, joint venture or employer and employee

21.5 If Health Plaza does not exercise any right or delay exercising any rights, it does not mean Health Plaza shall waive such right. A waiver of Health Plaza’s rights must be implicit.

21.6 These terms and conditions are enforced under Thai laws.

21.7 These terms and conditions are provided for users and benefits of Health Plaza only and not benefited for any persons or legal entities except Health Plaza affiliated companies (and subcontractors and assignees of each Health Plaza affiliated company)

21.8 Specified conditions in these terms and conditions, including any policies entitled or referenced in these terms and conditions shall be deemed as complete agreement and understanding of contract about Platform and replaced a previous contract as associated to aforementioned matters.

21.9 If users have inquire about these terms and conditions or problems caused by these terms and conditions or on the platform, please contact Health Plaza: [email protected]

21.10 Health Plaza is welcome to all comments from users as these will help Heath Plaza for quality improvement of Platform. The users can send their comments to Health Plaza according to the conditions below:

(1) Submit comments in writing via e-mail : [email protected]

(2) Health Plaza shall not take any anonymous comments

(3) Notify complete, clear fact and shall not make any one disgraceful