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Terms and Conditions

Last modified: May 2014

Thank you for using MedicTrust, a product created and owned by PT Medic Trust Inc, a limited liability company duly established under the laws of the Republic of Indonesia.

The terms and conditions of the service as stipulated below (the “Terms”) shall govern your access to and use of MedicTrust(“we” or “our”) websites and services (the “Services”), therefore please read them carefully before using the Services.



ARTICLE 1 - DEFINITIONS


1.1 Definitions

“Data” shall means any files, attachment, receipt, medical records and/or any health information in any form submitted by you to MedicTrust as uploaded and recorded from time to time.

“Parties” shall means collectively you and MedicTrust.

“Terms” shall means the terms and conditions hereunder governing the relationship between you and MedicTrust.

“Service(s)” shall means the MedicTrust website, services, and including any relevant features thereto as developed from time to time.

“Software” shall refer to any software used to create and to provide the Services.

1.2 Interpretations

Except to the extent that the context requires otherwise, any reference in this Terms to:

  1. this Terms or another instrument includes any exhibit, and appendix thereto, amendment, renewal, extension, or variation or replacement of any of them;
  2. an agreement includes an undertaking, deed, or legally enforceable arrangement or understanding and shall also include a concession, contract, deed, undertaking, in each case, whether oral or written;
  3. an asset includes all property of any nature, including, but not limited to, any or the whole part of its business, and all rights, revenues and benefits;
  4. a consent also includes an approval, authorization, exemption, filing, license, order, permission, recording or registration (and references to obtaining consents shall be construed accordingly);
  5. a document includes any agreement in writing, or any certificate, notice, instrument or other document of any kind, an amendment or supplement to, or replacement or novation of, that document;
  6. a consent also includes an approval, authorization, exemption, filing, license, order, permission, recording or registration (and references to obtaining consents shall be construed accordingly);
  7. a document includes any agreement in writing, or any certificate, notice, instrument or other document of any kind, an amendment or supplement to, or replacement or novation of, that document;
  8. a Party or any other person includes its successors, permitted transferees, heirs and assigns;
  9. a person is a reference to a person, firm, government, state or representative of a state or any association or partnership of two or more parties of the foregoing, whether or not having separate legal status;
  10. a statute, regulation, decree or other law includes any statute or statutory provision which amends, extends, consolidates, supplements or replaces the same, or which has been amended, extended, consolidated, supplemented or replaced by the same, and shall include any orders, regulations, instruments or other subordinate legislation made under relevant statute;
  11. words denoting the singular include the plural and vice versa whilst words importing a gender includes any gender; and
  12. threatened shall mean any action, suit or proceeding at law or by or before any court or Governmental Agency or authority or arbitral tribunal which has been preceded with any summons letter or demand letters or any other written evidences from any relevant third party.
1.3 Headings

The headings of the articles in or the Exhibits to this Terms are inserted for convenience only and shall not be taken into account in construing or interpreting any provisions in this Agreement.

ARTICLE 2 - GENERAL

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2.1 MedicTrust provides Services which enable you to store your medical Data and share your Data to your doctor, health practitioner, medical advisor, or any designated third party you wished to be made aware of your medical history or condition. The use of Data and Services along with its services and features shall be governed by this Terms.

2.2 By clicking “I Accept”, you hereby accept and receive the Services and MedicTrust hereby provide you with the Services, such acceptance shall means that you have accepted all the Terms unconditionally without any reservation and therefore agree to be bound by the Terms including any amendment or changes that may be made by MedicTrust thereto in the future.

2.3 You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract. with MedicTrust and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. In line with the development of the website and including its features, MedicTrust may, from time to time, change the content of the website and develop the website in the broadest meaning.

2.4 This Terms shall apply to you and to every sub-account you opened based on these Terms. The decision of a third party to open a sub-account under these Terms shall be deemed as an acceptance, without any reservations, to provisions set out under this Terms. Therefore, the terms “you” in this Terms shall refer to you and including each member of your subaccount.

ARTICLE 3 - DATA SHARING AND CONFIDENTIALITY AGREEMENT

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2.1 Upon your account registration, we shall collect and store the Data you upload. As the Services provide features that allow you to share your Data with any health practitioner or any third party whom you wish to receive, therefore please choose carefully person(s) you wish to receive the Data.

3.2 MedicTrust shall not divulge or disclose your Data to any other party without your prior consent. We hereby undertake as follows:

  1. to treat the Data as strictly confidential and not to disclose or reveal the Data (or any portion thereof) to any person except:

    1. to our employees on a need-to-know basis, provided that in such case we shall inform such persons of this Terms and the confidential nature of Data; and
    2. if disclosure is required in accordance with judicial or other governmental order or request, provided that in such case we shall, if it is practicable in the circumstances to do so, give you notice prior to such disclosure;
  2. to keep all documents or files bearing or incorporating any Data separate from all other documents and materials and at our usual place of business;
  3. not to use the Data for any purpose other than in connection with the Services;

3.3 The above obligation shall not include information that: (a) is in our possession prior the date the Data is being disclosed to you by us; (b) is or becomes generally known or available by publication, commercial use or otherwise than as a consequence of breaching this Terms; (c) is being developed independently by us; and/or (d) is rightfully received from a third party who does not bind with the restriction of confidentiality and breaching this Terms;

3.4 In the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account setting.

3.5 We shall reserve the right to collect information using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. We shall use this information for the above purposes and to monitor and analyze the use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.

3.6 We may transfer and assign your Data in the event of the occurrence of a merger, acquisition, or sale of all or a portion of our assets, without providing you with any prior notice. You hereby grant us approval and consent in the event such transfer occurred.

3.7 As a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law.

3.8 We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.

3.9 You hereby agree and consent the use of your Data in accordance with this Terms as stipulated above, and shall hold harmless and shall indemnify MedicTrust against any liability, responsibility, claim, or suits in regards to the use of such Data which in accordance with this Terms, save for disclosure of Data as a result of negligence or willful fault by MedicTrust.

ARTICLE 4 - REPRESENTATION AND WARRANTIES

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4.1 By using our Services and your agreement to be bound by the Terms of this Services, you hereby represent and warrant to us that:

  1. You have the legal capacity and the authority to enter into and to be bound by this Terms;
  2. You are the legal and valid owner of each Data submitted to MedicTrust;
  3. You are legally entitled and allowed to, whether pursuant to the prevailing laws and regulation and/or any agreement with a third party, to disclose, submit, and transfer the Data to MedicTrust, and any disclosure or transmission of such Data to MedicTrust is therefore shall not breached any obligation that you may bound to, whether or not you are aware of the nature of such obligation;
  4. You are aware of the risk of sharing your Data to any third party and therefore shall not claim MedicTrust if there is any lost, or damages as a result of such Data sharing; and
  5. You acknowledge and confirm that MedicTrust does not have the obligation to review or monitor the Data you provided to MedicTrust, and therefore shall not be responsible for the accuracy, completeness, appropriateness, or legality of Data;
  6. This Terms, constitute a legal, valid, and binding obligations, and are enforceable in accordance with its terms.

4.2 You hereby confirm and acknowledge that any representation and warranties made under this Terms shall be true and correct on the effective date the use of Services by you.

ARTICLE 5 - RESPONSIBILITIES

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5.1 You are solely responsible for any activity using your account, maintaining your Data and the Data sharing you made to any third party.

5.2 You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.

5.3 You must immediately notify MedicTrust of any unauthorized use of your account. You acknowledged that if you wish to protect your transmission of data or files to MedicTrust, it is your responsibility to use a secure encrypted connection to communicate with the Services.

5.4 The Services may contain links to third-party websites or resources. MedicTrust does not endorse and is not responsible or liable for their availability, accuracy of, the related content, products, or services. You are solely responsible for your use of any such third-party websites or resources. Furthermore, if we provide you with any software under an open source license, there may be provisions in such licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

5.5 MedicTrust is not responsible for the authenticity, accuracy, completeness and/or the legality of any Data that you submitted to us. You are fully responsible for the authenticity, accuracy, completeness and/or the legality of any kind of Data input to MedicTrust. You are required to always check and confirm whether the Data submitted to us is correct.

ARTICLE 6 - INTELLECTUAL PROPERTY RIGHTS

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6.1 This Terms shall not be read, interpreted, or construed as granting you any rights to use the MedicTrust trademarks, logos, domain names, or other brand features.

6.2 This Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. We may use any feedback, comments, or suggestions you send us without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, of the laws of the Republic of Indonesia

ARTICLE 7 - INDEMNITIES

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You agree and acknowledge that you shall indemnify,defend, and hold harmless MedicTrust from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding: (i) the correctness, completeness, accuracy, and/or validity of your Data submitted to us; (ii) The use of the Services in violation of this Terms; or (iii) use of the Services by you.

ARTICLE 8 - GOVERNING LAW AND JURISDICTION

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8.1 This Terms shall be governed, construed, and interpreted in accordance with the laws of the Republic of Indonesia.

8.2 The Parties hereto have chosen a permanent and general domicile at the Registrar's Office of the Central Jakarta District Court (Kantor Panitera Pengadilan Negeri Jakarta Pusat).

8.3 All disputes, controversies or differences which may arise between the Parties out of or in relation to or in connection with this Terms, or for the construction, termination or breach thereof, shall be decided amicably by the Parties. In the event that such dispute, controversy or difference cannot be so settled within thirty (30) days after written notice by one party to the other, both Parties agree to submit the dispute to Central Jakarta District Court (Pengadilan Negeri Jakarta Pusat).

ARTICLE 9 - MISCELLANOUS PROVISIONS

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9.1 Neither failure by the MedicTrust to exercise, nor any delay by the MedicTrust in exercising, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

9.2 If, at any time, any provisions of this Terms prove to become or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions hereof nor the legality, validity or enforceability of those provisions under the law of any other jurisdiction shall in any way be affected or impaired thereby

9.3 This Terms constitutes the entire agreement of the Parties with respect to the subject matter hereof and shall supersede all prior agreements or arrangements.

9.4 You are not allowed and you agree not to assign any rights and obligation you have under this Terms without the prior approval from MedicTrust. MedicTrust shall have the right to assign any rights and obligation it has under this Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.

9.5 This Terms shall remain in full force and effect since the date you accept the Terms.

9.6 With respect to the termination of this Terms, the Parties agree to waive the provisions of Article 1266 of the Indonesian Civil Code, only to the extent said Articles require judicial pronouncement to terminate an agreement.

9.7 This Terms were prepared in both Bahasa Indonesia and English version of this Agreement. In the event of inconsistency between the Bahasa Indonesia and the English version of this Terms, (i) the Bahasa Indonesia version of this Termswill prevailand (ii) the English version of this Terms will be deemed amended to the extent of such inconsistency to be in conformity with the Bahasa Indonesia version of the Terms.