Terms and Conditions

PREAMBLE
The use of the medical teleconsultation service of Europ Assistance Thailand Company Limited (hereinafter referred to as “EATH”), including the online solutions enabling the Patient to access and use the service, is subject to the acknowledgment and the acceptance of the present general conditions.
The purpose of these general conditions is to define the rights and obligations of the Patient and of Europ Assistance, related to the delivery of the medical teleconsultation service.

ARTICLE 1 – THE SCOPE OF THE SERVICE
The medical teleconsultation service, the Service, is a remote solution that allows the Patient to communicate by phone, audio, chat or video to a medical professional, who can be a general practitioner, a specialist, any other medical professional with specific fields of competences.

ARTICLE 2 – DEFINITIONS
The following terms are of the meaning and scope given in their definition in the context of the implementation of these general conditions.

Doctor means General Practitioner
Medical professionals mean Doctor or Nurse or any other medical professional, duly graduated, employees or contractors of EATH, especially trained to provide the Service
Medical team means the medical assistance organization settled by EATH for the provision of the Service
Patient means an eligible person activating the Service with EATH to obtain a medical advice or a diagnosis. The Patient can be represented by a legal representative or a third party clearly designated by the Patient.
Service means the medical teleconsultation service operated by EATH that includes (i) the medical orientation via the Symptom Checker (ii) the online booking of the Service, (iii) the Service via communications channels being proposed by EATH, and (iv) other related medical services being proposed online or via phone (prescription, medications delivery, etc.)
Software means the complete computing solution develop by EATH or by its vendors, put at the disposal of the Patient and Medical Professionals to access and deliver the Service. It includes the Symptom Checker, the online booking tool and the chat and video-chat system.
Specialist means a medical doctor having a specific medical specialty
Symptom Checker refers to the online solution developed and owned by EATH to operate a triage and assess if the symptoms self-declared by the Patient enable an orientation to the service, if other medical assistance services would be better adapted or if the patient should go to the nearest emergency facility. A solution is in any case proposed to the Patient.
Teleconsultation means remote medical consultation by telephone, audio, chat or video

ARTICLE 3 – LEGAL FRAMEWORK
The Service is a telemedicine service organized in accordance with Thai licensed general practitioners, whose license has been issued by the Medical Council of Thailand (hereinafter referred to as “GP”) available twenty-four (24) hours a day, seven (7 days) a week.
According to the Notification of Medical Council of Thailand No. 54/2563 regarding Telemedicine and Online Clinical Practice Guidelines (the “Telemedicine Guidelines”), in order to operate the service, the doctor must only provide the service through a licensed medical facility. The medical operations must be performed in accordance with the main requirements as follows:

1. Both the doctor and the patient should be aware of, and must acknowledge the fact that only certain diseases or conditions are suitable for the use of telemedicine.

2. Both the doctor and the patient should be aware of, and must acknowledge, the technological and electronic restrictions, including the patient’s right to refuse the use of medicine.

3. The doctor must comply with their Professional Standards for Medical Practitioners of the Medical Council of Thailand, B.E. 2555 (2012). For example, having scientific knowledge of medicine and communication and interpersonal skills as per standards required and being able to provide patient care as per standards required.
iv. The use of tools, programs, or artificial intelligence (AI) jointly with telemedicine is also required to be in accordance with the relevant laws (e.g. medical device and drug laws).

The Service will be delivered by chat message or voice call or video call through web application. The Service provided by EATH will be accessible from a dedicated online web application for desktop devices (windows or mac operating system) and mobile devices (smartphone or tablet). The Service session with GP will be limited to 15 minutes for non-air asia User and 30 minutes for air asia User. Upon request by the User, and deemed necessary appropriate by GP, EATH will deliver over-the-counter medicine to the User location exclusively in Thailand where the delivery service provider is able to access to the location. The delivery cost and over-the-counter medicine cost shall be borne by the User.

ARTICLE 4 – DISCLAIMER & WARNING
The Service is not an emergency service. In case of emergency, the Patient should call the local emergency phone numbers or go directly to the nearest emergency unit at a medical facility.
The Service does not substitute to the relationships of the Patient with her/his usual treating doctor. It is only complementary in case the treating doctor cannot be available. We strongly encourage the Patient to share with the treating doctor any communication she/he may have with a doctor of the Service.

ARTICLE 5 – ACCEPTANCE OF THE GENERAL CONDITIONS
The acceptance of these general conditions by the Patient is a prior condition to the performance of the Service by EATH. The Patient undertakes to unconditionally and fully respect the terms described below that apply throughout the duration of the Service.
In view of possible changes of local or international regulations and amendments to the Service, EATH reserves however, the right to amend these general conditions at any time.
The new general conditions apply automatically for any new Patient.

ARTICLE 6 – THE SERVICE

6.1 Description of the Service
The Service includes 4 major steps, which are described below:
(i) the medical orientation via the Symptom Checker
(ii) the online booking for the Service,
(iii) the Service via communications channels being proposed by EATH, and
(iv) other related medical services online or via phone (prescription, medications delivery, etc.)

1. Medical orientation via the Symptom Checker
The Patient is declaring her/his symptoms and is oriented accordingly to the best appropriate assistance solution: teleconsultation with a general practitioner or a specialist or medical assistance support via our 24/7 contact center, orientation to consult direclty the nearest emergency medical facility.

2. Online booking for the Service
The Patient is choosing the channel of communication she/he prefers (phone, audio, video, chat). The Patient can select the specialty, the doctor (option) and the date and time for the Service. Options available are according to what is proposed by EATH locally.

3. The Service
At the date and time of the Service, the Patient can connect directly (video, audio and chat) thanks to the link she/he has received via email. If by phone, the doctor is contacting the Patient directly on the declared phone number. The duration of the Service is scheduled for 15 minutes maximum for non-air asia User and 30 minutes for air asia User from the time of the appointment.

4. Other related medical services
According to options available in the country of the Patient, other medical services can be provided: medical prescription, medication delivery, medical follow-up. Only services listed in the contract are made available to the Patient.

6.2 Access to the Service
To access the Service, the Patient will connect to the EATH health portal, will enter her/his identification references (PNR / Policy Number) she/he received at the subscription to the contract and will follow the indications.
After passing the Symptom Checker process and the online booking step, the Patient will receive the confirmation of her/his appointment details by e-mail.
10 minutes before the date and time of the appointment, the Patient is receiving another email with the link to connect if she/he selected chat or video-chat for her/his teleconsultation.
If the Patient asked to be called back by phone, our doctor will contact her/him directly on the phone number she/he indicated.

6.3 Modification – Cancellation of the appointment
The Patient has the possibility to modify and / or cancel her/his appointment up to 10 minutes before it starts.
In the email received at the booking confirmation, a link enables to open the web page with a button to delete the appointment. To modify the appointment the Patient has first to delete the initial appointment and then to select the timeslot she/he prefers if still available.

6.4 Multiple appointments
The system does not allow to book several appointments for the same Patient and the same Specialty. The Patient will have to have a first Service before booking another one, if necessary.

6.5 Performance of the Service by chat and video-chat
The Patient does not have to wait for the exact time to click on the button “START MY TELECONSULTATION” in the email he received 10 minutes before the time of the appointment. Until our doctor is connected and ready to start, the Patient accesses a virtual waiting room.
When the doctor is connecting, a welcome message is displayed and
– if chat was selected, the Patient and our doctor can start exchanging
– if video-chat was selected, the Patient must consent the use of the video and the video-window is opening. The Patient can decide not to open the video and to talk to our doctor via audio only.
The Patient must commit to be available at that time and to check that the bandwidth for the internet connection required for the Service is enough for the quality of the exchange.
The Patient may be late and can connect up to 10 minutes before the end of the 15 minutes or 30 minutes slot she/he was allocated with our doctor. Afterwards, we do not guarantee that our doctor will still be connected, and in any case, the exchange cannot length more than the initial duration of the timeslot. If more time is required, and if our doctor has no other appointment, we can grant additional time, if the doctor is not available, she/he will invite the Patient to book another appointment.
All along the conversation with our doctor, the Patient and the doctor can both share documents through the chat or start chatting directly. If connected by mobile phone, the Patient can take a picture directly with the camera of the device and share it via the chat of our solution.

6.6 Performance of the Service by phone
If the Patient chose to be contacted by phone, our doctor will call the Patient on the mobile phone or landline she/he declared. The Patient must commit to be available at that time and to check that the bandwidth for the phone is enough for the quality of the call.
Our doctor will make 2 additional trials every 5 minutes; if the Patient does not answer, she/he will have to book another appointment.

6.7 No show by our doctor
Despite our best efforts, our doctor scheduled for the appointment of the Patient may not be available at the due time. If still not available after 5 minutes, the request is automatically forwarded to another best available doctor to answer the Patient.
If unfortunately, no doctor is available, a message is displayed to the Patient accordingly, inviting her/him to book another date and time for a teleconsultation.
If the Patient is disconnecting before the 5 minutes happen, our supervisor receives an alert message and calls the Patient to control what happened. If the Patient confirms she/he still needs to talk to a doctor, our supervisor will connect the Patient immediately to our doctor by phone or will offer to book another time slot if no doctor available.

6.8 The Patient is minor or legally dependent
In case the Patient is a minor or a legally dependent person, she/he must be assisted by an authorized legal representative only. Its declaration as such is under its sole responsibility.

6.9 Other related services
The following services may not be available in the Patient’s location or not allowed in the contract. We invite the Patient to check it.
– Summary of the Service: few minutes after the end of the Service, the Patient will receive by e-mail a summary from our doctor. If the chat has been used, the detailed transcription of the exchange will be displayed as well. In any case this transcription cannot be considered as a medical report and could not be used to report any claim.
E-Prescription: Upon request by the Patient, and deemed necessary appropriate by GP, EATH will deliver over-the-counter medicine to the Patient location exclusively in Thailand where the delivery service provider is able to access to the location. The delivery cost and over-the-counter medicine cost shall be borne by the Patient. This e-prescription will be valid for one purchase only and cannot be used for renewals. It is the
responsibility of the Patient to respect this rule.
Follow-up teleconsultation: if considered as necessary by our doctor, a follow-up teleconsultation can be organized by our doctor at a date and time that will be convenient to both. If it concerns exams prescribed by our doctor, and in the case the Patient could not perform the exams or did not receive the results before the said date and time, she/he will have to inform EATH to postpone the appointment. This can be done by phone only through our 24/7 contact center +66-2180-5589

ARTICLE 7 – EXCLUSIONS
– Any request considered as medically non-eligible through the Symptom Checker
– Emergency situation or condition, at the sole decision by our doctor – in that case we invite the Patient either to call the local emergency phone number or to go directly to the nearest emergency unit of a medical facility
– Any call from a minor or a dependent Patient not assisted by an authorized person
Prescriptions for renewal of treatment for chronic conditions
– Medical certificates

ARTICLE 8– PERSONAL DATA
EATH is in charge of processing personal data implemented under the Service.
The Patient’s data transmitted to EATH include administrative and health data to enable EATH and our doctors to provide the Service to the Patient. The Patient has been informed of her/his rights before each Service and consents to the collection, treatment and hosting of her/his personal health data during the whole duration of the Service.
The Patient’s attention is drawn to the sensitivity of her/his health data, covered in addition by the medical secrecy imposed on EATH and our doctors.
The Patient is informed that her/his data is kept 10 years by EATH and hosted with an accredited health data hosting company.
The Patient is informed that her/his administrative and health data transmitted to EATH are necessary for the Service. Failing that, the Patient will not be able to benefit from the Service provided by our doctors.
The Patient acknowledges that she/he can, at any time, object to the processing of her/his personal data by requesting the deletion of her/his data. The Patient must contact: EATH, Medical Teleconsultation Service, 1550 Thanapoom Tower 17th Floor, New Petchaburi Road, Makasan, Ratthaewi, Bangkok 10400, Thailand.
The Patient is informed and accepts that EATH can use for free the data he / she has transmitted for the Service, once they have strictly anonymized, for the sole purpose of collective statistical studies.

ARTICLE 9– RESPONSIBILITY

9.1 Responsibility of EATH
EATH is responsible for the delivery of the Service.
EATH cannot be held responsible for any damage caused by viruses, bugs, or even any program or application that would be incompatible with the infrastructure used by the Patient, nor the damage to the Patient as a result of an interruption, maintenance, technical problem, power outage or telecommunications networks, overload, lack of continuity of telecommunications networks including the Internet, omission, negligence or the lack of third party or Patient or incompatibility of the Patient’s computer configuration.
Each Patient is responsible for implementing an anti-virus solution on her/his device used to access the Service and for taking security measures to prevent the spread of viruses and, in general, the right operation and maintenance of the equipment that enables her/him to benefit from the Service, including the subscription and the Internet connection fees.
EATH will not be held responsible for any non-performance or delay in the performance of the Service, caused by events beyond his control (“Force Majeure Case”).

A Force Majeure case includes any act, event, non-achievement, omission or accident beyond EATH’s control and includes (without limitation):

1. Strikes, closures or other industrial actions
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, (declared or undeclared), or threat or preparation for war
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters
4. Unable to use rail, boats, planes, roads or other means private or public transport
5. The impossibility, whatever the cause, to use telecommunications networks public and private
6. Acts, decrees, legislation, regulations or restrictions of all governments
7. Strike, failure or accidents of shipping, postal or other

The application of the general conditions will be suspended as long as the Force Majeure Case is in force. EATH will endeavor as much as possible to find a solution that would allow to carry out its contractual obligations despite the case of Force Majeure.
EATH is responsible for the only direct and foreseeable damages associated with the use of the Software used for the Service, excluding any indirect damage.

In particular, EATH is not liable for damages resulting from:
– The transmission by the Patient to third parties of any information about his health and in particular the medical information produced by our doctors for the Service;
– The Patient’s disclosure to third parties of the links and credentials to connect the Service;
– The use by the Patient of another Patient’s connection details;
– The Patient’s transmission to our doctors of incomplete, erroneous, truncated or defect medical information and/or documents that are useful and/or necessary for the provision of the Service by our doctors.

9.2 The Patient Responsibility
The Patient remains fully and personally responsible for the use of the Service.

For this purpose, the Patient must in particular:
– keep the link for connection strictly confidential and not to disclose them to third parties, and, in general, to any third party regardless of their qualities and professional activities;
– respect the access rules to the Service, in particular, not using links of another Patient, or seek to know this information;
– notify EATH of any technical malfunction set out and any abnormalities discovery, such as intrusions;
– provide all the useful, necessary, complete and accurate information about her/his health condition of to enable the Service to be delivered.

In using the Service, the Patient agrees not to:
– Send or otherwise transmit to or through the Software used for the Service any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Software or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
– Misrepresent your identity or affiliation in any way;
– Reverse engineer, disassemble or decompile any section or technology on the Software, or attempt to do any of the foregoing;
– Gain unauthorized access to the Software and the Service, to other Patients’ links, personally identifiable information or other information, or to other computers or websites connected or linked to the Software;
– Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Software in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
– Send or otherwise transmit to or through the Software chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
– Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, Software or telecommunications equipment;
– Violate any applicable laws or regulations or these general conditions;
– Alter or modify any part of the content or services offered through the Software; or
– Assist or permit any persons in engaging in any of the activities described above.

ARTICLE10 – INTELLECTUAL PROPERTY RIGHTS AND CONTENT
All materials used for the Service, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by EATH or its suppliers or vendors, and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of EATH and licensors. All rights and title to the Content, trademarks and service marks herein remain with EATH or its licensors.

ARTICLE 11 – CLAIMS
Any complaint related to the use of the Service or the Software should be addressed by courier with receipt of acknowledgment to:
EUROP ASSISTANCE THAILAND COMPANY LIMITED, at 1550 Thanapoom Tower 17th Floor, New Petchaburi Road, Makasan, Ratthaewi, Bangkok 10400, Thailand or by email to ops.th@europ-assisstance.co.th

ARTICLE 12 – APPLICABLE LANGUAGE AND LAW
The language of the present general conditions is the English and Thai and refer to the Thailand laws.