These terms and conditions for the use of Well by Samitivej (“Well by Samitivej Services”) are made between Samitivej Public Company Limited (“Provider”) and you (“User”). Well by Samitivej Services provide the User with the services of analyzing and planning to improve behavior and consumption in order to be compatible with health information of the User for better health. By using Well by Samitivej Services, the User agrees to comply with the following terms and conditions. 

1. Definition 

1.1    “Well by Samitivej Services” means Well by Samitivej services which are provided on Well by Samitivej application as detailed in clause 2. 

1.2    “Provider” means Samitivej Public Company Limited. 

1.3    “User” means a person who registers to use Well by Samitivej Services by mean of any method prescribed by the Provider, whether to register himself/herself as a Patient or on behalf of a Patient(s) who is under his/her parental authority or guardianship. 

1.4    “Patient” means a person who has a medical record in the hospitals in Samitivej Group. 

1.5    “Identification Code” means Login Name or Username, OTP – One Time Password or Password whether designated by the Provider for the User or by the User oneself, including any other passcode, whatever it is called, relating to access to Well by Samitivej Services. 

2.    Well by Samitivej Services 

Well by Samitivej Services are the services that guide the User toward a healthier lifestyle through the Provider's expertise resulting in a strong happy physicality and mentality. Well by Samitivej Services include daily lifestyle, doctor appointment planning, viewing medical histories with hospitals in the Samitivej Group, advice relating to meals plan, exercise, health care, health checkups, and other services that may be available in the future. 

For certain types of Well by Samitivej Services, the User will be required to register and log in before using such Services. Some Well by Samitivej Services are also subject to specific terms and conditions e.g. Location Tracking, individual health planning services, etc. 

3.    Use of Well by Samitivej Services 

The User acknowledges, accepts, and agrees with the Provider as follows. 

3.1    Although registration is not necessary for using the services, the Provider highly recommends registering as a User and Patient to enjoy the best benefits and experiences. The User will be asked to create a profile and set an Identification Code to verify the User’s identification. 

3.2    Using Well by Samitivej Services by logging in with the User’s passcode on Well by Samitivej application shall be deemed as the act of the User and shall be bound to the User. 

3.3    The User shall keep confidential the passcode for access to Well by Samitivej application and shall not disclose or make such passcode known to any other people. In case other people know the User’s passcode, the User shall notify the Provider to resolve the problem by the method prescribed by the Provider. 

3.4    The User understands that any suggestions, recommendations, information, or diagnoses given by the Well by Samitivej application are only primary and general counsel and do not serve as a diagnostic of a disease or a prescription for treatment. These suggestions, recommendations, information, or diagnoses are analyzed based on the User's health check results. The outcomes of using the Well by Samitivej application services are not guaranteed by the Provider, the doctor, or the Provider's business partners.  The Well by Samitivej application's results are influenced by the User's eating and exercise routines. 

3.5    The User acknowledges that medical terms regarding the diagnosis and medical procedure are in English and difficult for the User to understand. The Provider, therefore, will translate such medical terms to Thai so that the Customer would simply understand the meaning of such diagnosis and medical procedure. Such translation may not be literally translated from medical terms. Should the User has any queries relating to the medical record, please contact the Provider. 

3.6    The User acknowledges that health articles are made for informational purposes only and do not constitute medical advice or a substitute for medical advice in any respect. The User will not rely on such information or change or discontinue medical treatment without consulting with the User's doctor. The Provider will not be responsible for the use of such information in any respect. 

3.7    If there is any mistake from using Well by Samitivej Services or if there is any question in relation to medical or other information, the User shall notify the relevant details the Provider. Then, the Provider would use such information for the investigation. 

3.8    Before using personal health planning services, Use should consult a doctor and read any disclaimers stipulated on Well by Samitivej application for your safety and in order to reduce the chance of injury, in case of losses or injuries caused by the use of Well by Samitivej services. 

4.    Coin Services 

The User can earn coins by participating in daily activities and various activities of Well by Samitivej Services. The User can use coins to redeem rewards, such as discounts, coupons, or services, or get a chance to win prizes. The period of collecting, earning, and using coins is subject to the terms and conditions prescribed by the Provider. When the User uses coins to redeem rewards, the Provider reserves the right to change, amend or cancel the redemption of such rewards. 

5.    Membership 

5.1    For the benefit of receiving some exclusive services of Well by Samitivej Services, the User has to apply for membership. The subscription will be paid monthly by any method provided on Well by Samitivej application by the Provider. The details of membership rights are subject to the terms and conditions set by the Provider. 

5.2    In case the User pay for the membership via credit card, the User provides the Provider with the consent to be charged on a credit card (If the User links the credit card to Well by Samitivej application) on a monthly basis at the amount and the time that the Provider specified at the time of registration. If the Provider cannot charge the User for a membership fee in any month, the Provider reserves the right to cancel and terminate the membership rights of the User. 

5.3    In case the User pay for the membership fee via QR code, the Provider will send the payment notification every month if the membership will be expired on that month. The Provider reserves the right to cancel the membership if the payment is not received within the period specified in the notification. 

5.4    the Provider reserves the right to change the details of the exclusive services, membership rights, and membership fee and will inform the User within at least 30 days in advance. 

6.    Registration for Creation of Patient’s Account 

6.1    The User may register to create one or more Patient’s account for others; provided that 

(1)    that person must be under your authority as a legal parent or guardian or 

(2)    that person must be under your care or responsibility as a legal caregiver or carer. 

6.2    the Provider may ask for any information or documents necessary to verify identity, relationship between the User and Patient, Patient’s consent and/or authorization to act on behalf of the Patient. The Provider reserves the right to reject any application for registration under this clause if the Provider has not received sufficient documents and/or information, or such registration may violate any provisions of the applicable laws. 

6.3    By registering on behalf of the Patient, the User represents and warrants that 

(1)    The User has the legal authority or guardianship over the Patient and/or authority to do things on behalf of the Patient (e.g. registration of the Patient’s Account, giving consent concerning personal data, and any activities done on behalf of the Patient); and/or 

(2)    the Patient is under the User’s care or responsibility as a legal caregiver or carer. 

6.4    The Provider’s approval for registration of Patient’s Account does not release the User from any responsibility that he/she may have to the Provider. 

6.5    In the case of registration of Patient’s Account for a minor who is not yet competent to give his/her own consent concerning personal data under Thai laws, the User will have the right over the minor’s personal data, subject to the conditions prescribed by the Provider. After the minor is competent to legally give consent concerning personal data under Thai laws, the Provider will obtain consent directly from him/her. 

6.6    In the case of the Patient’s Account under Clause 6.5, the User acknowledges that the User will have the right to access the minor’s Account for 1 year. In order to renew the right of access, the User must apply for renewal at the end of the period in accordance with the procedure and conditions prescribed by the Provider. 

6.7    The Provider may, with a reasonable cause, request the Patient, whom the User registered the Account on his/her behalf, to take control over his/her own Account as a User of Samitivej to comply with the laws. 

7.    Personal Data Protection 

7.1    Before using Well by Samitivej Services, please read and study the details of the Privacy Policy. However, the User acknowledges that the submission of information over the internet is never entirely secure. Although information system and information security with international standard are provided by the Provider, the Provider cannot guarantee the security the personal data which you submit to the Provider through the Internet. Such submission is at your own risk. 

7.2    For some types of Well by Samitivej services, the User is requested to give consent to keep, use or transfer personal information including health information and Location Tracking to others before using the services and is subject to the additional terms and conditions relating such services. 

7.3    If the User gives the Provider the consent to disclose the information of the User under these terms and conditions, the Provider must disclose the information as necessary. 

8.    Responsibilities of The User 

8.1    The User must not upload or transmits any information containing virus, Trojan or any programmes to interrupt, interfere, block or damage computer servers of the Provider or the hospitals in Samitivej Group. 

8.2    The User must not (a) copy, disassemble, decompile, reverse engineer or any action which affect in whole or in part of Well by Samitivej application, (b) interrupt, interfere or block the software operation, system, equipment, tools, or network used in provision of services or violate rules, regulations or policies, (c) avoid the creditability and safety investigation procedure of the Services or any related systems (d) access into and/or use the Services by any other method than those stipulated in these terms and conditions (e) use the Services in any manner that violates the laws (f) permit any persons to use the User’s name, Identification Code or any procedures to access into and use the Services. 

9.    Intellectual Property 

9.1    Using the Services of the Provider does not give the User ownership of any intellectual properties in relation to the Services or the content that the User accesses. 

9.2    The Provider and/or our partners own all rights, titles, and interests in any and all copyrights, trademark rights, patent rights, and other intellectual property or other rights in the Services, as well as any work product, and any improvements, design contributions or derivative works conceived or created by the Provider. 

10.    Limitation of the Provider’s Liability 

10.1    The Provider will be responsible for damages arising from its willful misconduct or gross negligence and to the extent that such damages usually arise therefrom. In no event shall the Provider be liable for damages arising from special circumstance. The User further agrees that, in no event shall the Provider be liable for damages arising from the following causes: 

(1)    Using, by any person, of the User’s password together with the access verification or any methods prescribed by Samitivej 

(2)    Force majeure or any other event beyond control of the Provider, including the inoperative of equipment, communication system, or network connection, or the interference of computer virus, or the illegal actions, or unavailability of the Services for system maintenance or improvement 

(3)    Delay, error or defect of the computer system or other equipment of the User, the Provider or telecommunications service providers, unless such delay, error or defect arise from willful misconduct or gross negligence of the Provider. 

(4)    Delay in the processing of these Services 

(5)    Non-compliance of these terms and conditions by the User 

10.2    The Provider simply provides channel for connection to the third party. Connection of equipments, applications, links or advertisement banners may redirect the User to the third party websites. The User acknowledges and accepts that the Provider shall not be liable for completeness of data, function of the equipment, content of the website or sale of products and services of such third party. The Provider does not control, endorse, recommend or accept responsibility for such content of the websites, sale of products or services, which is in discretion of the User to take that risk. 

10.3    To made any payment via Well by Samitivej, the User must provide accurate and complete financial information. The User has to review the accuracy and completeness of the amount of money and other information by himself/herself before making the transaction. The Provider shall not be liable in any respect, if the Provider proceeds the transaction correctly as the User’s order. 

10.4    The Provider, in any respect, will not be responsible for damages, injuries, losses or expenses which include but not limit to direct damages, indirect damages, special damages or consequential damages or economic losses caused from or in connection with unavailability to use information, documents, functions of this application or other undesirable event is possibly caused by your selected Well by Samitivej Services, even though the Provider informed about such risks. 

11.    Indemnify 

The User agrees to defend and indemnify for damages to the Provider, its affiliates, subsidiaries, personnel, business partners and employees from allegations, claims, actions, legal proceedings, liabilities, penalties, and expenses (include legal expenses) arising from (a) the access to these Services by the User, (b) violation by the User of any third party’s right whether caused by the User’s intention or negligence, or (c) the User’s failure to comply with these Terms, or any other reason. 

12.    Contact and Notice 

12.1    The User allows the Provider to make inquiries, collect, gather or use some or all parts of information in relation to the User and Services as may be necessary and appropriate for Well by Samitivej Services and according to limitations of consent of the User. 

12.2    Notice, letter or any notification sent by the Provider via post or E-mail to the User at the address given by the User, shall be deemed duly submitted to the User.  In case the User changes the address, the User shall notify in writing to the Provider. 

12.3    The User can contact our officer at the following address for any inquiries or problems related to the Services. 

Well by Samitivej Services 
Samitivej Public Company Limited 
133 Sukhumvit 49, Khlong Tan Nuea Sub-District, Watthana District, Bangkok 10110 
Call Center Number: 02-0222222 , 02-3920011 , 02-3816807 , 027118000 , 0-3822000 
Email: info@samitivej.co.th 

13.    Modification or Termination 

These Services are provided ‘AS IS’ and ‘AS AVAILABLE’. the Provider reserves the right to change, limit or terminate the User’s access or the use of Services at any time without prior notice, and the Provider reserves the right to store any correspondences and files which the User uploaded to the application or sent to the Provider, pursuant to the Provider’s policies and the applicable laws. 

The Provider may modify these terms and conditions at any time. Continued use of the Services by the User after the notification of such modification constitutes your binding acceptance of such modification. the User will check these terms and conditions periodically for modification. The reason that the User is not aware of the modification is not an excuse for violation of these terms and conditions. 

14.    Severability 

If any provision of these terms and conditions is found to be illegal, void, or unenforceable in any respect, such provision will not affect the validity or enforceability of any other provision of document. 

15.    Governing Law 

If there is any disputes arising out of relating to use of the Provider’s Services, the User and the Provider agree to use Thai Law to settle the dispute. 

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