Term of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

Last updated [February 7, 2023]

1. AGREEMENT TO TERMS

1.1 These Terms of Service constitute a legally binding agreement between clinician, any member of the medical, pharmacy or nursing professions or any other person who in the course of his or her professional activities may prescribe, administer or dispense to an end-user a medicinal product (collectively “Healthcare Professional” or “HCP”), patient, users, visitors or any other person, as the case maybe (collectively “User,” “You” or “Your”) and Esme, the owner of www.esme.chat (the “Website”), Esme mobile app, Esme Pro mobile app, and Esme Pro web app (collectively the “App”), having its principal office located at 04-04, Trivex, 8 Burn Rd, Singapore 369977(“Esme”, “we,” “us” or “our” and shall include its respective subsidiaries, affiliates, associated companies and jointly controlled entities) concerning your access to and use of either the Website or the App. You confirm that by downloading, installing, accessing and using the App and accessing and using the Website, you agree to be bound by these Terms of Service.

1.2 Supplemental terms that may be added on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the App after the date such revised Terms of Service are posted.

1.3 The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own discretion and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.4 You understand and agree that the all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics and such the ancillary information on the Website and the App (collectively, the “Content”) available on the Website or the App shall not be used by you to seek urgent or emergency (“Emergency”) help.

2. TERMS OF ARRANGEMENT

2.1 Primarily, the purpose of the App is to provide “Services” to Users.

2.2 Services: Using electronic information and telecommunications technologies to support long-distance clinical health care, user and professional health-related education, public health and health administration. through various mediums:

Remote chat session (in text or/and video form) where opinions, general health information, guidance or recommendation on care and management to be provided by HCP
Health Forum Discussion
Health Tips

2.3 By using the Services, the User acknowledges that he/she understands and agrees with the following:

The User may expect the anticipated benefits from the use of Services in his/her care, but that no results can be guaranteed or assured

The laws that protect the privacy and security of health information apply to Services as well and the User has received the App’s Privacy Policy which describes these protections in more detail. Electronic communications are directed to HCPs through a secure, encrypted video interface and electronic health record;
If the User’s health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, the User may be fully or partially responsible for payment;
Every User agrees to pay the fee charged for Services or any services via the App as per the fee schedule, that may change from time to time. You authorize Esme to charge your credit card or any other associated payment gateway for all fees and charges due and payable to Esme hereunder and that no additional notice or consent is required in this regard. In case, the employer of the User has made any arrangement with Esme, then the fee for all services shall be charged from that health plan.
In the event that the user has paid but the HPC did not reply within 24 hours, the payment will not be refunded. Instead, it will be saved as arbitrary credit for future chat with other HCPs.
Esme does not guarantee that the User shall receive medical reimbursement from his employer or insurer. Esme reserves the right to change or modify its billing schedule at any time pursuant to these Terms of Service. You also understand and agree that if you book any services that require appointments, you will be responsible for any missed appointment fee equal to the fees you would have paid for the scheduled services if you do not cancel or reschedule a scheduled appointment at least twenty-four (24) hours or such period as may be set by the HCP, in advance.
The User is responsible for entering the correct registration details to link his/her health insurance or to enjoy any corporate benefits. No refunds will be provided if the User proceeds with a transaction without the appropriate registration.
The HCP may determine that the Services are not appropriate for some or all of a User’s treatment needs and accordingly may elect not to provide Services to such User;
Unless otherwise determined by the App in its sole discretion, no refunds will be given for any completed consultation, missed appointment or any other orders by a User.
Surcharges will be imposed for delivery (in Singapore) or any other remote locations as defined by HCP or third party vendors
The App and its delivery service partners will make the best effort to contact the client to complete the delivery of the order or home-based services during the selected timeslots. If the client is not present at the stated address, additional charges may be imposed for the redelivery of the order or additional trip for the home-based service.
There will not be any form of prescription done on Esme platform. Prescription may be done on a third party platform according to the preference of individual HCP.

2.4 PLEASE NOTE THAT OUR SITE IS NOT DIRECTED TO MINORS UNDER THE AGE OF 18. However, minors can normally accompany their parent(s) or legal custodian(s) who have reserved, booked, or purchased our goods and/or services. If a User is using the Website or the App for a minor or a geriatric or any adult with special needs, he/she and you must be present during the HCP’s online session or onsite visit (as the case maybe). Upon purchasing a Product for minor or a geriatric or any adult with special needs, the User must be available at the point of Product delivery, ensuring the accuracy of the recipient’s details and the Product’s description, and he must make payment for the Healthcare Services and the Product purchased for the minor or geriatric with special needs.

2.5 Users should not use Esme app in any urgent or emergency situations, which include but not limited to:

seeking any form of help for someone (including yourself) with symptoms that require immediate medical attention
informing anyone about potential or/and on-going murder, suicide, abortion, arson, drug smuggling and other crimes
informing anyone about potential or/and on-going harm (regardless mentally or physically), that is caused unintentionally or intentionally by any person (including yourself)

2.6 There are certain risks associated with the use of Services, which may include, without limitation (a) exchange of inadequate information leading to wrong advice from the HCP; (b) delays in the evaluation due to failures of the devices or internet; (c) lack of access to all of the health records resulting in adverse drug interactions or allergic reactions or other judgment errors; or d) occurrence of a breach of privacy; or (e) receiving many different “General Opinions” for the same condition, symptoms or question raised and these opinions may or may not be accurate or correct.

2.7 The Services provided through the App are not meant to be an alternate or substitute of face-to-face interaction between a userand a healthcare professional neither do they replace the existing primary care physician relationship. It is advisable that you have a face-to-face evaluation/consultation with an HCP before or very soon after the commencement of Services. Medical services rendered by the HCP are subject to their professional judgment. These services are subject to Government regulations and may not be available in certain countries. HCPs associated with the Website or the App are independent professionals and therefore HCPs are solely responsible for the services which they provide to Users outside of the App.

2.8 General Opinions: The Esme App enables the Users to seek general opinions regarding their health and, as the case maybe, be referred to and be reported their health history to the HCPs in order to obtain medical and healthcare services. The Website or the App or the HCP or any third parties associated with it shall not be liable for any opinion you obtain from the HCP(s) via the Services. Any reliance on any information provided on the Website or the App or through the Services is solely at your own risk. Neither Esme nor the Website or the App is a healthcare service provider itself. The Website or the App is merely a technology based platform which does not interfere with the practice of medicine or any other medical profession by HCPs, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.

2.9 Products: Esme or its affiliated third-party companies may sell medicine and medical products (the “Products”) to Users as stated in the HCP’s prescription order. If an HCP writes a prescription order for you, the App may, through its partners, facilitate or otherwise arrange for the sales and/or delivery of Products to you based on the prescription order. Esme will not be liable for any defects in Products, any losses or damages or expenses sustained by any User or by any other person in consequence of any delays or defects in the delivery of Products.