TONIC - TERMS OF SERVICE
GENERAL TERMS & CONDITIONS
1. These Terms apply to all the Services that you may avail through our Tonic app (“App”) or other means or platforms e.g. mobile or digital platforms, websites etc. (“Platforms”). When you use the App or Platforms, you may access a range of Services we offer and a variety of services offered by third-party providers.
2. There are different variants of Tonic with different features and levels of benefits. Specific terms for specific features are mentioned below. The variant that you subscribe for may or may not have all the features and levels of benefits. Accordingly, all specific terms for specific features may or may not apply to you, depending on the variant that you have subscribed for.
3. By registering with or accessing or using our Services, you agree to be bound by these Terms and to use our Services in accordance with the provisions herein stipulated.
4. If you are purchasing the Services and/or entering into these Terms on behalf of others (for example, your customers, employees or other individuals), you represent that you have the authority to purchase the Services on their behalf and to bind them to these Terms, as if the Terms were purchased and accepted by them directly.
5. If your Tonic Services are purchased by or if you are registered as a Tonic user by your employer or any third party (for example, bank, financial institution, payment service provider, supermarket etc.), then your subsequent access to and/ or use of any feature of our Services shall be deemed as your full acceptance of these Terms, as if the Tonic Services were purchased directly by you or as if you registered for the Tonic Services on your own.
6. We reserve the right to make changes to these Terms from time to time. If we change these Terms we will post the revised Terms on our website and update the date of last revision on the website. We may also (but shall not have the obligation to) notify you of significant changes to our Terms by sms, email or by any other means of written communication. You are responsible for being aware of any changes made to these Terms. By continuing to access or use our Services after we post such changes on our website, you shall be deemed to have agreed to the Terms, as modified. We also reserve the right to make changes to the Services from time to time without any notification to you.
7. The agreement between you and Us in connection to the Services shall commence on the date you accept these Terms (or when you are registered as a Tonic user) and shall continue in effect for as long as your authorized use of the Services continues.
8. By subscribing for our Services, you acknowledge and accept that we may contact you from time to time in relation to other services we may deliver (including without limitation any benefits, membership status or relevant special offers).
SPECIFIC FEATURES OF TONIC
10. The Doctor Consultation feature of our Tonic enables users to get connected with registered medical practitioners and/or Providers (“Tonic Doctors”) on our specially designed Platforms for medical consultations via our audio, video and chat applications. Tonic Doctors are not employed by Us. Each Tonic Doctor is an independent contractor and is either self-employed or employed by an independent third-party company. We only provide the technology platform to connect you with Tonic Doctors, who shall be available to provide you with certain non-emergency medical advice. A direct patient-physician relation will arise between you and the Tonic Doctor. Our role is simply to connect you to a Tonic Doctor, without any liability or responsibility. Any advice or service that you take from a Tonic Doctor shall be at your sole discretion and risk.
11. The medical advice you receive from your Tonic Doctors is not a substitute for other medical treatment you may need. If you are experiencing a medical emergency, you must seek emergency medical help. For the avoidance of doubt, our Services entail the provision of non-emergency medical advice only.
12. In some cases, our Services may not be the most appropriate for you. For example, certain health issues may require an in-person procedure or highly specialized providers not available through our Services. You will be informed if our Services are unable to help with your particular issue.
13. Live Doctor is an extension of our Doctor Consultation feature and may be available for specific Tonic variants only. Through this feature Tonic users can get connected with and receive medical consultations from a General or Specialized Doctor through video calls via the Tonic App and Web. Anyone who has access to Tonic App with internet will be able to avail the service, upon payment for it.
14. A high-speed internet connection is necessary for the video consultation under the Live Doctor feature. It shall be the responsibility of the Tonic users to ensure at their own costs that they have internet access with sufficient bandwidth for video calls for the Live Doctor sessions.
15. Tonic users will not be entitled to any refund for missing any pre-scheduled Live Doctor session.
16. Terms and limitations of our liability mentioned above for Doctor Consultation apply to Live Doctor to the extent applicable.
17. As part of Tonic, we also provide healthcare information services, and health tips, through mobile and our digital healthcare tools. The content and material provided through the Services are intended to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content or material should be considered, or used as a substitute for, medical advice, diagnosis or treatment.
18. The health insurance coverage and related benefits in relation to Tonic are provided by third-party insurance provider(s) (“Insurance Providers”) and not by Us. Your insurance claims and payments relating to Tonic are subject to verification and sole discretion of such Insurance Providers. We are not liable or responsible to you or any third party in case any claim for insurance payment that you make is delayed or rejected by Insurance Providers. Further details regarding Health Insurance may be published at [Link].
19. Individuals shall be held responsible and liable for any kind of misbehavior, misuse and unethical activity including forgery, counterfeiting, tampering or altering the supporting documents during and/ or before submitting the supporting documents for insurance payments, no matter even if such activity gets revealed after the claim payment is processed and payment is made. Grameenphone and Insurance Providers reserve the right to initiate legal actions against such individuals as per the applicable laws in such cases.
Medicine & Device Delivery
20. Services under the Medicine & Device Delivery feature are operated by third-party pharmacies and related partners (“Pharmacies”) and not by Us. Such Pharmacies are responsible for receiving your order and payment and for delivering the products to you. We are not liable or responsible to you or any third party in any way in relation to the medicine delivery order or the products or devices sold or supplied to you by them or on their behalf (“Pharmacy Products”). Our role is simply to connect you to a Pharmacy, without any liability or responsibility. We do not endorse or recommend the Pharmacies to you or Pharmacy Products offered by them. Any order that you place with a Pharmacy shall be at your sole discretion and risk without any representation, warranty or endorsement from Us. Any compliant or dispute that you may have in relation to the medicine delivery order or Pharmacy Products shall be raised directly to the Pharmacy.
21. We do not have control over and do not guarantee: the existence, availability, quality, quantity, safety, legality or timely delivery of Pharmacy Products; the truth or accuracy of descriptions of Pharmacy Products, the ability of Pharmacies to sell the Pharmacy Products; or that Pharmacies will actually complete a transaction or provide a replacement or refund. To the fullest extent permitted by applicable law, we disclaim all liabilities and responsibilities arising from or related to in any way to the Pharmacy Products or Pharmacies, including (without limitation) regarding authenticity, reliability, effectiveness, title, safety, legality or quality, quantity of Pharmacy Products or time taken by Pharmacies or delays or failures by Pharmacies in delivering the Pharmacy Products.
22. Orders will be confirmed by and Pharmacy Products will be delivered directly by Pharmacies.
23. This Medicine Delivery feature is not intended for and must not be used or relied on in case of medical emergencies.
Diagnostics & Tests
24. Eligible Tonic users may be able to avail services relating to diagnostics and tests from third-party diagnostic centers, laboratories, clinics and hospitals that are enrolled with Tonic (“Diagnostic Service Providers”). Such Diagnostic Service Providers are responsible for collecting your samples and payments and for delivering the services and reports to you and for offering discounts (if any). We are not liable or responsible to you or any third party in any way in relation to the services or discounts provided by Diagnostic Service Providers (“Diagnostic Services”). Our role is simply to connect you to Diagnostic Service Providers, without any liability or responsibility. Any Diagnostic Service that you take from a Diagnostic Service Provider shall be at your sole discretion and risk. We do not endorse or recommend Diagnostic Service Providers or any of their Diagnostic Services to you. Diagnostic Services that you may take from them shall be based on your sole discretion and judgment, without any representation, warranty or endorsement from Us. Any complaint or dispute that you may have in relation to Diagnostic Services or discounts shall be raised directly to the Diagnostic Service Providers.
25. We do not control and do not guarantee: the existence, availability, quality, quantity, safety, legality or timely delivery of services by Diagnostic Service Providers; the truth or accuracy of descriptions of Diagnostic Service, the ability of Diagnostic Service Providers to offer Diagnostic Services. To the fullest extent permitted by applicable law, we disclaim all liabilities and responsibilities arising from or related to in any way to the Diagnostic Services or Diagnostic Service Providers, including (without limitation) regarding authenticity, reliability, effectiveness, safety or quality of Diagnostic Service or time taken by Diagnostic Service Providers or delays or failures by them in delivering the Diagnostic Services.
26. If Tonic Doctors provide any medical advice to Tonic users based on reports from Diagnostic Service Providers and the reports were inaccurate or incorrect or false negative or false positive, Tonic Doctors or Us in no way whatsoever shall be liable or responsible for such medical advice or consequences of such medical advice.
27. Further details regarding diagnostics and tests may be published by us on [Link].
28. Eligible Tonic users may be able to avail discounts from various hospitals, clinics, laboratories, pharmacies and other businesses that have agreed to offer discounts to our Tonic users (“Discount Partners”). Such Discount Partners are responsible for supplying their products or services to you. Any product or service that you take from a Discount Partners shall be at your sole discretion and risk. We do not endorse or recommend Discount Partners or any of their products or services to you. Products or services that you may take from them shall be based on your sole discretion and judgment, without any representation, warranty or endorsement from Us. Any complaint or dispute that you may have in relation to their products, services or discounts shall be raised directly to the Discount Partners. Further details regarding Discount Partners may be published by us on [Link].
29. Eligible Tonic users may be able to book appointments with medical practitioners who have agreed to be enrolled with Tonic (“Tonic Partner Doctors”). Such Tonic Partner Doctors are responsible for providing their services to you. Any service or advice that you take from a Tonic Partner Doctor shall be at your sole discretion and risk. We do not endorse or recommend Tonic Partner Doctors or any of their services to you. Services that you may take from them shall be based on your sole discretion and judgment, without any representation, warranty or endorsement from Us. Any complaint or dispute that you may have in relation to their services shall be raised directly to the Tonic Partner Doctors. Further details regarding Tonic Partner Doctors may be published by us on [Link].
YOUR TONIC ACCOUNT
31. Your Tonic account will be personal to you and you may only transfer or share your password or account information (collectively, the “Account Information”) to or with someone as absolutely necessary or as required under law. For the avoidance of doubt, you shall remain responsible for the actions of any person who uses your Tonic Account Information.
32. You are responsible for maintaining the confidentiality of your Tonic Account Information and for all activities that occur thereunder. You agree to immediately notify Us upon becoming aware of any unauthorized use of your Tonic Account Information. We reserve the right to take any and all action, as we deem necessary, regarding the security of our Services and your Tonic Account Information, including the right to refuse and/or cancel your registration. We shall not be liable to you for any liabilities or damages resulting from or arising out of your use of our Services, your or any other person’s use of the Account Information, or your release of the Account Information to a third party, whether such release is intended or not, save where such liability cannot be excluded by Us under applicable law.
ACCESS, ACCEPTABLE USE & RESTRICTIONS
33. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable right to access our Services and use our Services solely for your personal and non-commercial use.
34. You agree that all information you provide in relation to obtaining the Services is true, accurate, current and complete, and you agree to maintain and promptly update such information, as and when necessary, to keep it current. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate the Services with immediate effect without any liability.
35. You agree that you will not attempt to: (a) interfere with or disrupt the functioning of the Services in any manner, including the functioning of any software, hardware, network or server connected to the Services; (b) distribute or transfer in any manner the Services or any part of the Services to any third party; (c) copy or modify the Services or any part of the Services for any purpose whatsoever; (d) reverse-engineer or create derivative works based on any part of the Services for any purpose, commercial or otherwise; or (e) use the Services in any manner that is inconsistent with these Terms. We further reserve the right, in our sole discretion, to deny and/or withdraw use of the Services from anyone for any reason whatsoever.
36. Use of our Services requires that you comply with acceptable use requirements as determined by Us from time to time. As part of your responsibilities, you agree that you will not: (a) use the Services in any unlawful manner; (b) use the Services in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including Doctors); (c) interfere with or inhibit any other user from using or enjoying the Services; (d) use the Services as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) collect or use any data or Services content that violates any third-party right; (f) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself; (g) breach or otherwise circumvent any security measures incorporated into the Services; or (h) use the Services for unlawful, unauthorized, deceptive or fraudulent purposes.
PRICE & PAYMENT
37. a) If you purchase Tonic Services directly from Us, in that case, you will make payment for our Services as per below-
i) You agree to pay fees for the right to use the Services at the current rates set forth on the website www.mytonic.com from time to time or as otherwise provided to you by Us. Fees are subject to change, and any changes will be provided on the website www.mytonic.com or as otherwise communicated to you by Us. It is your responsibility to remain informed about the current payment rates from time to time in respect of the Services. Unless otherwise agreed to by Us, all fees paid are non-refundable.
ii) The fees (and any other charges) relating to the Services will be payable by you in Bangladeshi Taka using airtime, Tonic scratch cards, mobile financial services, debits cards, credit cards or other available payment methods.
iii) Your online payment transactions will be executed by an appointed "Payment Gateway". The Payment Gateway is a separate entity that will collect your payment and forward it to the processing bank for further execution. The Payment Gateway will be responsible for executing all transactions with your bank or MFS provider. All information related to your MFS, Card/Bank Account will be exclusively dealt with by the Payment Gateway and the Bank. We will not ask for your payment information on our site nor do we retain your payment information. The use of your MFS, credit/debit card or account to account transfer services is governed by the agreed terms and conditions between you and your bank. For any unsuccessful payment or other payment related queries, you must contact your Card issuing Bank or the Bank in which you maintain your account. Once you confirm your payment, you will not be able to cancel your order. You agree that we are authorized to bill your account and charge your designated method of payment when payments are due, including any sales or other applicable tax that may be required.
iv) There can be a situation where some technical problems may occur which are completely unintentional and due to which your payment may be deducted but we may not receive confirmation and consequently delivery or activation of your desired service may be delayed.
b) If your Tonic Services are purchased by, or if you are registered as a Tonic user by, your employer or any third party (for example, bank, financial institution, payment service provider, supermarket etc.), in that case the following processes and terms will apply, unless a different process and/or term has been agreed with your employer or the third party. We shall issue invoices to your employer or the third party for our Services to you and payments shall be payable by them to Us as per terms and conditions as agreed between Us and them. We reserve the right to suspend and/or terminate our Services to you with immediate effect in case your employer or the third party has failed to make payments to us as per our agreement with them or is in breach of any provision of the agreement or the agreement gets expired or terminated for any reason.
38. As between you and Us, We are the owner or licensor of all right, title and interest in and to our Services, including all current and future intellectual property rights, and any suggestions, ideas or other feedback provided by you or any other party, relating to our Services. Any copy, modification, revision, enhancement, adaptation, translation or derivative work of or created from our Services shall be owned solely and exclusively by Us (as between You and Us), as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights in connection to our Services. You shall not remove or permit any third party to remove any proprietary rights from our Services or its contents.
39. Certain names, logos and other materials displayed in our Services may constitute trademarks, trade names, service marks or logos (whether registered or unregistered) of Us and/or our affiliates or other third party entities (“Marks”). You are not in any way authorized to use any such Marks by these Terms. Ownership of all such Marks and the goodwill associated therewith remains with Us or our licensors or other third party entities.
CANCELLATION & TERMINATION
40. For subscription based Services, you may unsubscribe from our Services after a minimum subscription period of one month, at any time for any reason by sending Us an email which indicates your intention to unsubscribe from our Services or by calling Us or by visiting our USSD menu. You must subscribe to the Services for a minimum period of one month, such period starting from the date that you first subscribe to our Services.
42. We reserve the right to modify, discontinue (temporarily or permanently), our Services, or any portion thereof, with or without notice, whether due to regulatory reasons or otherwise. We will not be liable to you or any third party, in any manner whatsoever, should we exercise such right. In such a case, our aggregate and maximum liability to you shall be to refund on a prorated basis the Tonic subscription fees that you have paid.
43. In case you have opted for auto-renewal for your monthly subscriptions, such auto renewal shall be subject to our sole discretion and, to the extent permitted by law, we reserve the right to postpone or reject any such auto-renewal for any reason and without any liability.
DISCLAIMER & LIMITATION OF LIABILITY
44. Our Services are provided on an “as is” basis. Your access to or use of our Services is voluntary and at your sole discretion. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations and/or endorsements of any kind (including, without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to our Services, or with respect to any information, product, service, merchandise or other material provided on or through our Services (including any consultations or other services you may receive from Tonic Doctors and/ or our Third Party Partners). We do not warrant that the Services will function without delays, disruptions, interferences, imperfections, or any adverse incident.
45. Whilst we use reasonable endeavors to engage with reputable Doctors, Insurance Providers, Pharmacies, Diagnostic Service Providers, Discount Partners, Partner Doctors and other third parties (collectively “Third Parties”), we do not warrant or guarantee the accuracy, completeness, reliability, timeliness, legality or usefulness of their products or services. We are not liable or responsible to you or any third party in any way in relation to the products, services, advice or discounts provided by Third Parties. Our role is simply to connect you to Third Parties, without any liability or responsibility. We do not endorse or recommend Third Parties or any of their products or services to you. Any product or service that you take from Third Parties shall be at your sole discretion and risk, without any representation, warranty or endorsement from Us.
46. In no event will We, our parents, subsidiaries, affiliates, licensors, and/or suppliers, and/or officers, directors, employees, consultants, agents and/or any other mobile service providers, through whom We provide the Services, be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages, whether in contract, tort (including negligence), or otherwise, or the use of, or the inability to use, our Services, including, without limitation, any information made available through our Services or any services performed by any Third Parties you connect with via our Services (including claims of medical malpractice or negligence), even if we have been advised of the possibility of such damages.
47. If you are dissatisfied with any of our materials, products, or services, or with any of the provisions of these Terms, your sole and exclusive remedy is to discontinue using the Services and/or cancel your Tonic membership.
48. You agree to indemnify and hold us, our parents, subsidiaries, affiliates, licensors, suppliers, and/or officers, directors, employees, consultants, agents, and/or any other mobile service providers, through whom we provide the Services, harmless from and against any and all third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
49. We shall not be liable for any failure of or delay in the performance of the Services provided that such failure or delay is due to causes beyond our reasonable control, including but not limited to lack or shortage of power supply, failures of electronic communications, unavailability of mobile network connection, unavailability or low speed of internet connection, acts of God, war, flood, political unrest, riots, strikes or labor disputes, embargoes, government orders, regulatory restrictions or objections, or any other event which is beyond our reasonable control.
50. In the first instance, complaints or grievances should be addressed to the customer service team. You can contact us via telephone, email or letter using the following contact details:
House 257, Road 1, Block B, Bashundhara RA, Dhaka 1229.
51. We reserve the right to assign and/or transfer these Terms and all the rights and obligations pursuant thereto to any third party for any reason whatsoever, including in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or any other disposition. In case of such assignment and/or transfer, all information provided to us pursuant to these Terms, will be transferred to that third party and you agree to provide reasonable assistance in this regard.
53. In the event of any difference or conflict between any provision of these Terms and any provision mentioned elsewhere (for example, our website, marketing materials etc.), provision of these Terms shall prevail unless decided otherwise by us as per our sole discretion.
54. The validity, interpretation, construction and performance of these Terms will be governed by the laws of Bangladesh. Any dispute arising under or relating to these Terms will be resolved exclusively by final and binding arbitration in accordance with the Bangladesh Arbitration Act, 2001. The venue of the arbitration shall be located in Dhaka, Bangladesh. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision is found to be invalid, the parties agree that they will submit to the court to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect. You have no authority to act on behalf of or bind Us in any manner whatsoever.
55. You agree to the use of electronic documents and records in connection with future transactions and communications involving our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you in any form electronically satisfy any legal requirement that such communications be in writing.
56. Any translation of the Terms from English into another language are made solely for your convenience. In the event of discrepancies between different language versions, the English version shall prevail.
58. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination of these Terms shall survive and be enforceable after such termination, including, without limitation, provisions relating to ownership, indemnification, confidentiality, limitation of liability and governing law.
I have read these Terms carefully, and understand the risks and benefits of the Services and by checking the box containing "I ACCEPT THE TERMS" I hereby state that I have read, understood, and agree to the Terms.