Terms of Service
Introduction
The present Terms of Service (hereinafter referred to as “Terms of Use”) covers all aspects of rights and obligations related to CloudHospital Inc. (hereinafter referred to as the ‘Company’) guiding and providing practical medical and non-medical services and other goods on the platform provided to users by the Company.
We inform you that the present website (https://www.icloudhospital.com), to which this Terms of Use is posted, is funded and operated by the Company. When the user uses the Company’s services, inclusive of any medical or non-medical services or other goods provided throughout the website, it is assumed that the user agrees to all the terms and conditions as described in these Terms of Use, so the user must make every effort to comply with these terms. If the user does not agree to all or part of the Terms of Use, they must immediately cease usage of the Company’s services through this website.
The Company may change all or part of the terms of this Terms of Use from time to time to provide better services to users, as needed. If the Terms of Use are amended in this way, the Company is obligated to notify the amendments on the website, so users should check regularly for any changes or updates to these Terms of Use. If you do not agree with all or part of the updated Terms of Use, please stop using the Company’s services through this website.
Service
The services CloudHospital offers are primarily divided into medical services and non-medical services. Among these, medical services refer to services such as those that guide users to checkups, first aid, utilization of hospital room, nursing, medication, surgery, first aid, blood transfusion, various tests, transportation via emergency vehicles, and accompanying during discharge procedures including all conveniences in this regard at CloudHospital’s partner healthcare providers such as hospitals or clinics. Non-medical services refers to the services that provides booking and schedule coordination, communication support including the use of the Company’s website and teleconsultation (when necessary), administrative services (such as visa issuance), transportation and accommodation reservation, interpretation / translation, tourism, and pickup & drop-off services necessary to support medical services.
The Company offers a list of medical institutions (hereinafter referred to as “medical list”) that best suit the service that users have chosen and the specific needs of users (e.g., language, region, specialty, etc.) in providing the medical services, non-medical services, and goods. This list includes basic information (trade name, address, specialty, and other information) about the medical institution to which the user can refer to; the user can request the Company to provide the services the user desired following procedures or composition based on the information provided.
The Company makes every effort to provide the best information by utilizing methods such as regularly reviewing, modifying, and supplementing the list of medical services provided to users as described above. However, the Company does not assume any legal warranty or liability for the quality of the service that the listed medical institutions provide. The user must determine the appropriate medical services at his/her discretion with reference to the list of medical services provided by the Company. When a user suffers physical or property damage or suffers psychological distress in the process of receiving services from a specific medical institution according to the decision of such user, this results in legal damage or compensation issues between the user and the medical institution, and in the event that such a dispute arises, the Company has a de facto obligation to make the best effort to arbitrate and adjust so that the dispute can be resolved as amicably as possible.
As such, the Company serves as an intermediary through the services to guide information on various medical services and providing convenience in utilizing non-medical services or provision or use of goods; therefore, any information provided by the Company cannot itself be used as medical consultation or medical examination/diagnosis data. The user should be aware of these points prior to the use of the Company’s services.
Some medical services guided and provided by the Company may be prohibited by the laws of certain countries. The user is required to comply with local laws at his/her own risk and discretion.
Personal Account
It is required for a user to create a personal account in order to gain access to the Company’s services. Personal accounts are automatically generated when the basic information requested by the Company’s website is submitted, and the user can change and manage the personal information created to generate these personal accounts at any time. (Please read the Company’s privacy policy for detailed information regarding the scope and purpose of collection, retention period, consignment, and provision to third parties). Users can also enter additional personal health information and medical institution information into their personal account, depending on their choice for better service.
If a user is provided with the medical, non-medical services or goods through the Company’s website, the Company may, with the user’s consent, receive information such as the user’s medical or non-medical records or services received from the medical institution. Upon receiving such information, the Company can use the information to create more efficient and appropriate medical lists for users and improve the quality of services offered by the Company. In addition, for the same purpose, the Company may provide the medical institution with records or health information related to the user’s past examinations with the consent of the user for improved performance of medical or non-medical services requested by users (In the case the Company provides such information, the Company will obtain the user’s consent. For more information, please familiarize yourself with the Company’s privacy policy).
The Company utilizes all of the user’s basic information or health information above only within the purpose and scope specified in these Terms of Use and Privacy Policy and does not misuse or provide this information to third parties for any other purpose. However, if there are special provisions in the law or if there is a request under the laws of courts and investigative agencies, the Company can provide user information according to procedures and conditions set by governing laws. In particular, in accordance with the procedures and conditions set forth in the revised Personal Information Protection Act, which will be newly implemented in Korea on August 5, 2020, the Company may provide the information to a third party within a reasonable range after de-identifying the personal information provided by the user. Details of this will be updated in the Terms of Use once the laws and the enforcement order have been updated and finalized.
The users are responsible for maintaining the accuracy and completeness of their personal information (especially contacts) and health information from time to time to properly receive the services of the Company. In the event that a problem occurs in all or part of the service contents provided by the Company due to the uncertainty and error of such information, the Company has no liability for it.
Provision of Products and Teleconsultation
The products offered by the Company to users through the company’s services are comprised of general products, deal products, and some of those may be subject to teleconsultation. General products refer to medical service products designed by a medical institution that provides medical services. The deal product applies to the medical service package products that the company has agreed individually with the hospital, which includes custom invoice requests products through teleconsultation regarding plastic surgery-related deal products. Teleconsultation refers to providing medical and ancillary services with the help of various means of communication without any face-to-face contact between the healthcare provider and the user.
If the user wishes to use teleconsultation through the Company’s service, the Company provides the user’s convenience from booking to payment as follows, so that the user can receive medical or non-medical services through the medical institutions which support teleconsultation. Teleconsultation may only occur after the medical institution approved the user’s booking request within the service hours of medical or non-medical services, which have been announced through Company’s services. If a user wishes to change the date or time of booking, the user shall obtain the medical institution’s approval by selecting a different date and time within service hours. Depending on the content of the services provided, the medical institutions follows its procedures to determine whether or not to prescribe to the users who have used the services. Such teleconsultation sessions are either paid for or free, depending on the nature of the services provided. The fee for the paid teleconsultation sessions will be paid out according to the payment method below when the medical institution approves the user’s booking request for the service.
Users who wish to use teleconsultation through the company’s services shall make a booking request for teleconsultation, obtain approval from the medical institution, and, if paid, complete a medical survey through the Company’s services. Filling in the medical survey is optional and not mandatory. The user’s completed survey is used to obtain the most accurate information you need to receive from the medical institution through teleconsultation. The data collected from the medical survey is only provided to the Company and the medical institution, which offers such teleconsultation.
Please note that the Company will only provide the user with procedural assistance regarding teleconsultation and that the medical institution shall be solely responsible for prescription or other counseling that you may obtain through the teleconsultation with the medical provider.
Payment Methods
The Company provides you with the payment function for products (hereinafter referred to as “products”) consisting of medical or non-medical services or goods provided through face-to-face consultation or non-face-to-face teleconsultation through the Company’s services. Payments for products can be made in any of the following ways:
- 1. Debit or credit card
- 2. Bank transfer
- 3. Other payment methods that Company supports
Payments for products provided by the Company are made through a third-party payment gateway.
The company shall promptly confirm receipt of the request and notify any information regarding booking availability of such products to the user, upon receiving the booking request. And the Company shall provide procedures by which the user confirms, rectifies, or cancels such a request before confirming the booking and making the payment. If the Company becomes aware that the Company is unable to offer the booked products, the Company shall promptly inform the user and take steps to refund the payment made through the Company within 3 business days. However, any part of the amount that the Company has notified the cancellation or refund is not eligible, shall not be reimbursed.
User must pre-pay 10% of the product’s value as a deposit (hereinafter referred to as a“10% deposit”) when booking a product offered by the company. A 10% deposit is assumed to be a down payment, which covers a corresponding part of the total price of the booked product.
User who have booked products through the company’s services will be able to use the products at a price at the time of booking for 12 months from the date of booking (hereinafter referred to as the“Price Retention Period”), and a pre-paid 10% deposit will be used to cover a corresponding part of the total price. User may use the product for a period of 6 months (hereinafter referred to as the“Additional Time Period”) from the date of exceeding the price retention period at the time of its practical use, in which case a pre-paid 10% deposit will be used to cover a corresponding part of the total price. If a price retention period (12 months) and additional time period (6 months) total of 18 months period for the booked product has been exceeded, the pre-paid 10% deposit, which the user paid upon booking, will no longer cover a part of the product’s price, and the user cannot claim its right.
The products that the user can book through the Company’s services are offered in a non-refundable or refundable form. Non-refundable products refer to the product which the pre-paid 10% deposit when booking a product is not refundable even if a user cancels a booking for the product that has already been booked (in principle, the outstanding amount excluding 10% of the prepayment is refundable; however, the total of paid teleconsultation fee is not refundable). Refundable Products refers to the product which its 10% pre-paid deposit is refundable when user cancels the product, only if the user is scheduled to receive the product in person from the date of booking up to 72 hours (i.e., 3 days in advance) or if the user is scheduled to receive the product through a non-face-to-face teleconsultation up to 24 hours in advance (i.e., 1 day in advance) (hereinafter referred to as the “Cancellation Hour”). If none of the cancellation requests is made by the time of the cancellation hour, the prepayment is non-refundable; however, if a booking is canceled due to the medical institution’s situation, which offers medical service, or any other attributes, the full amount of the payment paid by the user will be refunded.
The user may submit any complaints to the person in charge of terms and conditions as stated below, arising out of the use of the Company’s services, or between the user and the health care provider who provides the products. The Company will promptly take the necessary measures to resolve the dispute and notify the user after submitting any complaint or dispute within 3 business days. Any investigation or resolution will be announced within 10 business days.
The user does not pay any broker costs to the Company except for the product the user has booked.
The user is deemed to have accepted the above provisions regarding payment methods and procedures in case of booking or conclusion of a contract for the products through the Company’s services.
Limitation of Liability, Definition
The Company makes no direct decisions or involvement in the quality of medical and non-medical services provided to users (except the non-medical services offered directly by the Company) that constitute the products supplied to users, and medical and administrative policies of certain medical institutions, and does not offer any legally valid guarantee on this. As an intermediary, the Company shall only provide users convenience in using medical or non-medical services or goods provided by the medical institution or other providers through the Company’s services. The company shall not be liable for the provision of medical or non-medical services from the healthcare provider such as medical institution to the user, the quality of medical services, the prescription by doctors and the payment of such services, except to the extent that the Company is required to process reimbursement for the goods as a part of its terms of payment. However, the Company is responsible for any problems arising from faults or failures in its IT facilities or functionality of the Company’s services, relating to the booking of products through the Company’s services or the use of products that support teleconsultation. The responsibility falls on initiating reimbursement procedures for the payment already made or rebooking for a different time.
The user is solely responsible for determining the medical list or service provided by the Company based on personal information and health information entered by the user. The user is also solely responsible for the integrity of the information that the user has provided for the booking and payment for products supplied by the Company through its services and any disputes or penalties arising out thereof, and the Company is not responsible in cases mentioned above. There is a link on the Company website that can take the user to a website operated by a third party. Providing these links also serves as a reference for enhancing user convenience, so the user must acknowledge this and use the information obtained through the link at his/her own risk.
Data Protection
Users are required to provide personal information and specific health information in order to utilize all functions of the website.
If the user provides such information, the Company will make every effort to maintain the confidentiality of such personal and health information. However, there is no physical method of complete security in the storage, processing, and transmission of information in electronic form, therefore the Company makes no legal guarantees about the risks of information leakage that may occur despite all the best efforts of the Company.
Please read the privacy policy for more information on the collection, use, and consignment of users’ personal information, and procedures provided by third parties. The company strongly recommends that users understand this privacy policy.
Intellectual Property
The organizational system of the Company’s website and any published materials, designs, layouts, marks, etc., are all protected as assets of the Company’s intellectual property. All website assets, including those, are the property of CloudHospital. This is subject to strict legal protection under copyright laws, design protection laws, trademark laws, trade secret protection, and unfair competition prevention laws and other related laws.
Therefore, it is not permitted to use these companies’ intellectual property in any way without prior permission from the Company. For users who want to use, please make a request in advance to the Company in writing. However, it is permissible to use these Companies’ intellectual property for non-commercial and personal purposes, but if possible, the Company recommends that the user notifies the Company or requests permission in advance, nonetheless.
Website Updates
The Company will put forth its best efforts for management, including updating the technology, content, and other information on its website regularly or intermittently for a period of time. However, the Company cannot legally guarantee the integrity of the technology provided on the website or the accuracy of the information.
Software and Computer Viruses
An error may occur when a user connects to the Company’s website, works in parallel with certain software, or transmits data, this may result in incomplete information on the pages of the website or generation of separate copy. In addition, there is a risk that these errors may include malicious code or programs infected with computer viruses on the Company’s website pages.
In case where a computer virus infection or error occurs due to an individual user’s internet connection or specific software parallel work and data transmission, the Company does not take any legal responsibility. However, the Company promises that it will do its best to minimize the user’s damage caused by these errors or virus infections. In this regard, the Company strongly recommends that users use antivirus software or other protection programs when accessing the Company’s website.
Indemnification Due to Force Majeure Reasons
If failure to properly fulfill the services or obligations set forth in these Terms of Use occurs due to war, terrorism, military disturbances, natural disasters, viruses, server hacking, disasters, strikes, and similar circumstances that the company cannot directly or indirectly control, the company does not bear any responsibility for the failure.
Governing Law
Any disputes arising out of the validity, interpretation and enforcement of these Terms of Use, or the performance or violation of these Terms of Use are solely under the jurisdiction of the Singapore International Arbitration Center (SIAC). However, all disputes arising from the validity, interpretation and enforcement of these Terms of Use, and the implementation or violation of these Terms of Use are required to first go through negotiation procedures between the parties. If disputes cannot be resolved through negotiations, all disputes will be under the exclusive jurisdiction of the Singapore International Arbitration Center (SIAC). The user agrees to these exclusive jurisdictions without condition and, if the user does not agree, has the right and freedom not to use any Company services.
Severability
If the laws of the particular country applicable to the user are contrary to the content of some or all of these Terms of Use, that contrary parts do not invalidate the rest of the terms of this Terms of Use. In this case, the remaining matters, excluding those that violate the laws of a particular country, must be interpreted in the possible and valid direction based on the reasonable intentions of the user and the Company. In this process, the Company and the user must go through an appropriate consultation process.
Prohibition of Transfer of Legal Status
The user may not transfer the rights and obligations under this Terms of Use or other legal status to third parties without the prior written consent of the Company.
Waiver
Any failure or delay by the Company to exercise any right, authority, or privilege under these Terms shall not be deemed a waiver of such terms.
Heading
The headings of these Terms of Use are provided for convenience only; it must not be used to unduly limit the individual content of these Terms.
Contact
If you have any questions or comments about the Terms of Service, please contact info@icloudhospital.com.
Advertising Policy
The Company does not advertise healthcare services or medicines and does not post information about healthcare providers on its website for advertising purposes, and therefore does not earn advertising revenue. The Company can post on some pages of the website information for various events on medical topics as information providers (e.g. conferences, forums, seminars, articles, etc.). The Company may post information on discounts and promotions for healthcare services provided by healthcare providers and special offers from healthcare providers under a partnership. The Company publishes information about discounts, promotions, and special offers on the website for informational purposes and does not make any special preferences or competitions for the placement of this information and does not receive any direct revenue from it.
Confirmation of the Original
The legally binding original for this document was written in English and translated into other languages for non-English users. If there is a discrepancy between the English version and the translated version, the English version will take precedence over the translated version in terms of validity.