Terms and conditions

mHealth Technology Joint Stock Company ("mHealth" or "We") operates websites with the domain names onemr.net, wellcare.vn, khamtuxa.vn, as well as other related websites, mHealth's Facebook pages and working doctors, chatbot applications on Facebook Messenger of mHealth and collaborating doctors and mobile applications containing links to these terms of use (collectively referred to as the "Website"). We provide a connection service to conduct remote health consultations ("Services") from healthcare professionals, allowing users ("Members", "you", "users") to update their health information and access healthcare professionals ("Doctors") to receive healthcare consultation services ("Services"). By accessing and using the Website, you agree to be bound by these terms of use and all other terms and policies appearing on the Website. Using the Website means that you have accepted all of our terms and conditions. If you do not agree with any or all of the terms and conditions of use that we provide, please do not use the Website. We may modify and update the terms and conditions at any time. Your continued use of mHealth's website means that you accept those changes.

All Doctors who directly provide Services through mHealth are independent experts, responsible for the Services they provide to you. mHealth does not practice medicine or any other licensed profession, nor does it directly provide medical services or intervene in the practice of medicine or any other licensed profession of Doctors. Doctors are responsible for the Services they provide and comply with their professional requirements and licenses. mHealth is not legally responsible for any professional advice you receive from Doctors through the Website.

No content on the Website (except for information you receive from Doctors) should be considered medical advice. No suggested diseases or medication is absolutely safe, appropriate, and effective for you. The medications suggested by Doctors are for reference only; you can only receive a diagnosis and prescription by meeting Doctors in person. Content related to knowledge, articles, or information with authors and sources specified on the Website, such as text, graphics, images, and statistics, is only for informational purposes. What the Website publishes cannot replace the opinions, diagnoses, and treatments of healthcare professionals. We advise you to always prioritize self-education and seek direct advice from reliable doctors and healthcare professionals when researching diseases. Never refuse or delay seeking the advice of healthcare professionals just because of the content you read on the Website. If you need emergency medical attention, call hospitals, clinics, or 115 immediately. mHealth does not encourage you to perform tests, use products, apply procedures, opinions, and information mentioned on the Website by yourself. Any issues or risks arising from reliance on information provided on the Website are entirely unrelated to mHealth and are the responsibility of the individuals using the information. Health and medical content on the Website may contain content related to gender and sexuality issues. If individuals using the Website feel uncomfortable or offended by this content, they may stop using the Website.

The risks associated with using the Website and its content are the responsibility of the users and have no connection with mHealth. When using mHealth's Websites, information is transmitted through intermediaries beyond the control and authority of mHealth and its providers. Therefore, mHealth is not responsible for any delay, failure, interruption, or damage to any data or information transmitted during the use of the Website. The Website and its content are provided to users as-is. To the extent permitted by law, mHealth and its information providers disclaim and authenticate, including but not limited to commercial warranties for third parties, guaranteeing that third-party rights are not violated, and compliance with specific legal requirements.

• mHealth and its providers do not represent or guarantee accuracy, reliability, completeness, or timeliness of the content, software, text, graphics, links, or communication provided;
• compliance with any state regulations regarding the disclosure of information about suggested medications or the approval or compliance with state regulations of software tools related to Website content.

Any third party mentioned on the Website will not be responsible for any damages (including but not limited to incidental damages and consequential damages of an event, injury/death, loss of profit or damages caused by data loss or business interruptions) caused by ineffective use of the Website or its content, as determined based on warranty, contract, legal violation, or any other legal theory, whether or not mHealth or any third party mentioned on the Website has been notified of the possibility of such damages. mHealth or any third party mentioned on the Website will not be responsible for any personal injury, including death, caused by the use or abuse of our Website or its content.

mHealth allows users to view or download a copy of the material on the Website for personal, non-commercial use only, and requires that you maintain copyright notices at the end of the material, such as: "© 2015, mHealth Technology Joint Stock Company." Notices of "Copyright Protected" and other copyright and ownership notices are included in the content. Any specific rules governing the use of certain software and items that can be accessed on the Website may be located elsewhere on the Website and are subject to these terms and conditions for user reference. Our content is protected by copyright under Vietnamese law and foreign laws. From the title to the content, all belong to mHealth or the provider. Any unauthorized use of the content in violation of our terms and conditions constitutes a violation of copyright, trademark, and other laws. The content and features may change or be terminated without notice by mHealth. All rights not recognized here belong to the mHealth Group and the provider. If you violate any terms and conditions, your right to use the content automatically terminates, and any copies of the content you obtain from our Website must be immediately destroyed.

• Remote health consultation is the provision of healthcare services using interactive audio and visual technology when patients and healthcare professionals are not in the same geographical location. During your remote health consultation with a doctor, details of your health history and personal health information may be discussed using images, sound, and other interactive telecommunications technologies, and your doctor may provide health advice through these technologies.
• The remote health consultation services you receive from doctors are not intended to replace your relationship with a doctor or healthcare facility. You should seek emergency or follow-up healthcare after treatment when recommended by a doctor or when otherwise necessary, and continue to consult with your doctor and other healthcare professionals as recommended. However, like other types of healthcare services, there are inherent risks associated with using remote healthcare services. These risks include, but are not limited to: (i) transmitted information may not be sufficient (e.g., low image resolution) for doctors to make appropriate healthcare decisions; (ii) electronic devices may malfunction; (iii) incomplete health record information may cause adverse drug interactions or allergic reactions or other diagnostic errors; (iv) although the electronic systems we use will integrate network protocols and security software to protect privacy and security of healthcare information, in some cases, security protocols may fail, leading to a violation of personal health information privacy rights.
• By agreeing to these terms of use, you acknowledge that you understand and agree to the following: (i) You understand that you may expect anticipated benefits from using remote healthcare services in your care, but no specific results are guaranteed. (ii) You are responsible for fully paying the costs associated with remote health consultation services. (iii) Your doctor may determine that the service is not suitable for some or all of your healthcare needs and treatment, and may choose not to provide remote health consultation services to you through the Website or require that you come in for an in-person visit. (iv) If you require emergency treatment, you should call 115, local hospitals and clinics, or go to the nearest emergency room.

You agree to enter your contact information, health information, and medical records in text, image, voice, or video form into the Website and mHealth's applications, and this information will be stored by mHealth, computers, and third-party cloud computing systems. We make every effort to ensure that your personal information is secure. Although secure electronic messaging is always given priority over insecure email, in certain cases, insecure transmission via email containing personal health information may occur between you and mHealth. mHealth cannot guarantee the safety or security of emails that have been sent.

• When you register on the Website, you are required to create an account ("Account") by providing certain information, including name, phone number, email, password, and certain other information collected by mHealth (collectively, "Account Information"). To create an Account, you must be of legal age to enter into a contract. If you are not of legal age to enter into a binding contract, you are not authorized to register to use our Services. You agree that the Account Information you provide to us at any time, including during registration and in any information you post to the Website, is accurate, current, and complete. You are not allowed to transfer or share your account password with anyone.
• You are responsible for maintaining the confidentiality of your account password and for all activities that occur in your account. mHealth has the right to take any and all actions, if deemed necessary or reasonable, related to the safety of the Website and your account information. In any case and under any circumstances, mHealth shall not be liable for any legal responsibility or damages arising from or related to your use of the Website, your use of your account information, or your disclosure of your account information to a third party. You are not allowed to use someone else's account at any time.
• Members registering for all patients under 18 years old must be the legal parent or guardian of the patient. If you register as a legal parent or guardian on behalf of a minor, you will be fully responsible for complying with the terms of use.
• We agree to grant you a limited, non-exclusive, non-transferable right to access the Website and use the Services solely for your personal, non-commercial use and only in accordance with the terms of use. We have the right to refuse or suspend the use of the Website or Services for anyone, for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or misrepresent your relationship with any individual or organization; (b) use the Website or Services to violate Vietnamese or international laws; (c) use reverse engineering, decompiling, decrypting, or any software with respect to the Website or Services; (d) distribute viruses or other harmful computer code through the Website; (e) use the Services or Website in any way that exceeds the permitted scope of use above. In addition, you agree to restrain from using offensive language when communicating with doctors through the Website and not to contact doctors to use remote health consultation services outside of the Website.

• You agree to be responsible for paying all fees or costs through your account, in accordance with the effective payment fee terms.
• By providing mHealth with payment information (credit card number, prepaid phone card, bank account or other related payment information), you agree that mHealth is authorized to reserve funds in your "Wellcare account" (a cash account on the Website that you previously deposited) before requesting doctors to provide health consultation services as per your request. Immediately after the remote health consultation service is provided by mHealth doctors, the amount of money reserved from your Wellcare account will be immediately converted into revenue payable to the doctor and expenses for the Website.
• You fully understand that your Wellcare account is not an "e-wallet" and therefore agree that in any case, the balance in your Wellcare account can only be used for future remote health consultation and care services and cannot be used for withdrawals.

• The Website and all content, features and functions of the Website (including but not limited to all information, software, text, displays, graphics, designs, images, video and audio), are owned by mHealth and are protected by Vietnamese and international copyright laws, trademarks, patents, trade secrets, and other intellectual property or proprietary rights. You are only allowed to use the Website for personal and non-commercial purposes.
• Except for sharing on social media platforms from your own social media accounts, you are not allowed to copy, distribute, modify, create derivative works, publicly display, publicly perform, reproduce, download, store or transmit any material on our Website, except with our prior written consent.
• Some names, logos, other materials displayed on the Website or Services may constitute trademarks, trade names, service marks, logos ("Trademarks") of mHealth or other entities. You are not allowed to use any of these Trademarks, except with our prior written consent.
• De-identified information. We may de-identify, aggregate, summarize health information from the Personal Health Record ("De-identified Information"). We retain all rights, title and interest in and to all De-identified Information and may use, disclose, market, license, and sell such De-identified Information for any purpose.

mHealth may provide links to third-party websites. mHealth may also select and prioritize certain websites when you enter search terms, and may allow advertising units to display advertisements and sponsored content when certain search terms are entered. mHealth does not endorse or guarantee the content on third-party websites. mHealth is not responsible for the accuracy of content on linked websites or within the Website, third-party websites in search results, or advertisements on our Website. You are solely responsible for any issues that arise from using third-party websites and are subject to the terms and conditions of those websites. mHealth does not endorse or guarantee any products, services, or treatment methods advertised on the Website.

You agree to defend, indemnify, and hold harmless mHealth, its officers, directors, employees, agents, licensors, and service providers from and against any claims, actions or demands, liabilities and settlements, including but not limited to, reasonable legal and accounting fees, arising out of or resulting from any violation of these Terms and Conditions by you.

You agree that any dispute or issue with mHealth or the Website shall be governed by the courts of Vietnam. You also agree to submit to the personal jurisdiction of the courts of Vietnam in connection with any such dispute, including any claim involving mHealth or its officers, directors, contractors, telecommunications providers, and content providers. These Terms and Conditions are governed by the laws of Vietnam, without regard to its conflict of law provisions. If any court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Waiver of any provision of these Terms and Conditions shall not be construed as a waiver of any other provision or of our right to enforce any provision.

If you believe that any material you access or that is accessible on the Website infringes on your copyright, you may request that the material be removed or access to it be blocked by contacting mHealth (contact details will be provided below) and providing the following information:

1. Identification of the copyrighted material that you claim is being infringed upon. Please describe the content and if possible, provide a copy or source (e.g., URL) of the copyrighted content.
2. Identification of the material that you claim is infringing and its location. Please describe the material and provide us with a URL or any other relevant information to identify the location of the material.
3. Your name, address, telephone number, and email address, if available.
4. A statement that you have a good faith belief that the use of the materials complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information you provide is accurate and that you are "aware of the penalty for perjury," that you are the copyright owner or are authorized to act on behalf of the copyright owner to make this complaint.
6. A signature or electronic equivalent from the copyright holder or authorized representative.

The address of the copyright issues management unit of mHealth's Website is:

• mHealth Technology Joint Stock Company
• LA 02.08 Lexington Building, 67 Mai Chi Tho Street, An Phu Ward, District 2, Ho Chi Minh City
• Tel: +84 28 3622 6822

To protect the rights of copyright owners, mHealth maintains a policy of terminating, in appropriate circumstances and at its sole discretion, access to the Website and the accounts of users of the Website who repeatedly infringe upon the copyrights of others.

You may choose to deactivate your account and terminate your registration with us for any reason at any time by sending an email to [email protected]. mHealth may suspend or terminate your use of the Website, your account, and/or your registration for any reason and at any time. Upon termination of your account, mHealth reserves the right to decide to maintain, delete, or deactivate all materials posted or uploaded to the Website according to internal record retention policies. After termination, mHealth will have no obligation to provide services.

We reserve the right to modify, add, or remove any terms of use at any time. Your continued use of the Website and/or Services following notice of any such modifications signifies your acknowledgement of those changes and agreement to be bound by the modified terms of use, including the consequences of such modifications.

Transmission Channels: You acknowledge that access to the Services will be provided through various means and communication systems, information will be transmitted through local exchange lines and Internet channels through routers, switches, and other devices (collectively, "Transmission Channels") owned, operated by third parties providing Internet services, transmission services, or utilities, and all of these are beyond our control. We are not responsible for, or liable in connection with, the integrity, privacy, security, or use of any information transmitted through the Transmission Channels, or any delay, failure, interruption, interception, loss, or damage to any other data or information related to the transmission over the Transmission Channels. You assume all risks associated with the use of the Transmission Channels, and such use must comply with all applicable national and international laws and regulations.

Other Users: You acknowledge that other users have the right to access and use our Services, and their activities are beyond our control. Therefore, we are not liable for or in connection with any damages related to privacy, security, integrity, availability, or restricted use of information under the Services when such damages are caused by the actions or violations of these other users.

Unauthorized Access; Data Loss or Corruption: We are not responsible for any unauthorized access to your data or equipment by users of the service or for any unauthorized access, alteration, theft, damage, loss or destruction of files, data, programs, methods, or information through the Services, whether due to accident, fraudulent means, tampering, or any other method. You are solely responsible for verifying the accuracy of all information and reports and for protecting your data and programs from loss by implementing appropriate security measures. You hereby waive any right to seek damages for any loss or corruption of data, reports, or inaccurate data due to programming errors, operating errors, software errors, equipment malfunctions, security breaches, or the use of third-party software. We are not responsible for the content of any information transmitted or received through the provision of our Services

Limitation of Liability: Notwithstanding any contrary provision, our total liability under this Agreement will not exceed the total amount you have paid to us within one (1) month immediately preceding the occurrence of the claim for damages.

No Warranty: Access to the Services and the information contained therein is provided "as is" and "as available" without warranty of any kind. You are solely responsible for all actions or omissions made based on the Services or information within the Services, including inaccurate or incomplete information. It is expressly agreed that under no circumstances shall we be liable for any special, indirect, incidental, including but not limited to health consequences or loss of information or data, even if we have been advised of the possibility of such damages. We disclaim any and all liability for the transmission of incorrect data and for interruptions in service due to the failure of telecommunications or service providers.

You acknowledge and agree that mHealth is not a healthcare provider, does not engage in the practice of medicine, diagnose, or treat any conditions, and does not directly provide remote healthcare advice or services. mHealth is only a technology platform and infrastructure for patients to connect with healthcare providers for remote health advice.

You understand that to the extent permitted by applicable law, in no event shall mHealth or its officers, employees, directors, parent company, subsidiaries, affiliates, agents, or licensors be liable for any indirect or consequential damages, including but not limited to loss of revenue, profits, goodwill, data, or other intangible losses arising from or relating to your use of the Site or Services, regardless of whether such damages are based on contract, personal negligence (including gross negligence and strict liability), warranty, tort, or other legal theory. To the extent permitted by applicable law, we disclaim warranties, limit our liability, or limit the scope and duration of our warranties and liability to the minimum extent allowed by law.

• All doctors on the Site possess professional certificates issued by the Ministry of Health or the Department of Health where they work.
• Any medical records created through the use of the Site will be securely maintained by mHealth for a minimum period of time as required by Vietnamese law.

Other terms:

• The interpretation of this Agreement and the resolution of disputes arising under this Agreement shall be governed by Vietnamese law.
• Neither party to this Agreement shall be considered in breach of this Agreement if the performance of any obligation under the Agreement is prevented due to: (a) severe weather conditions, storms; (b) earthquakes or other natural disasters; (c) strikes or other labor disturbances; (d) power outages; (e) civil or military emergencies; (f) decisions or requests of competent state agencies; or (g) any other circumstances beyond the control of one or both parties.
• You understand that by clicking "Agree" to the Terms of Use and/or any other forms presented to you on the Site, you agree to these terms of use and that such action shall constitute a legal signature.
• You agree that we may send you any privacy or service-related notices, disclosures, or information (collectively, "Information") electronically, including but not limited to: (1) by email, using the email address you provide to us during registration, (2) in-app notifications, SMS messages, or (3) by posting information on the Site. Sending any information from us is effective when it is sent by us, regardless of whether you read the information when you receive it or not, or whether you actually receive it or not. You may withdraw your consent to receive such information by email by canceling or terminating the use of the Services.

If any term of this Agreement is found to be invalid, unenforceable, or illegal, it shall not affect, diminish, or invalidate any other terms of this Agreement, and such other terms shall remain fully effective.

Unless otherwise specified in a specific legal notice on mHealth's Site, the Terms and Conditions and Privacy Policy of mHealth constitute the entire agreement for the use of mHealth's Site and content of mHealth's Site between you and mHealth.

Thank you for your cooperation. We hope you find the information useful and enjoy using mHealth's Site conveniently. If you have any questions or comments about the Site, including any notices about broken links, please send us information by email to: Customer Service Department: [email protected].