Terms

 

TONIC - TERMS OF SERVICE

 

Grameenphone (“We”, “Us”, “Our”) intends to provide mobile healthcare products and services to users by means of the technology infrastructure provided by Telenor Health (or its affiliate as the case may be) in Bangladesh (“Service”). Your access and use of the technology infrastructure or any part thereof, for access to the Services are governed by these Terms of Service (“Terms”). Please note that other terms of service remain applicable in relation to your use of the mobile communication network as set out in your agreement with your mobile telecommunications service provider (Mobile Service Agreement). Please read these Terms carefully before using the Service.


General Terms and Conditions

1. By accessing or using our Service, you agree to be bound by these Terms and to use our Service in accordance with the terms and conditions herein stipulated. These Terms, together with the privacy policy attached hereto, any short-form version of these Terms and any applicable Mobile Service Agreement, constitute the entire agreement between you and Grameenphone Ltd regarding our Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not agree to these Terms, you may not use the Service.

2. If we need to change these Terms, we will post the revised Terms through our Service and update the “Last Revised” date to reflect the date of the changes either by SMS, email, by posting a notice on the website or by any other means of written communication. You are responsible for being aware of any changes made to these Terms. By continuing to use our Service after we post such changes, you agree to the Terms, as modified.


The Services That Grameenphone Ltd Provides

1. Our Service is designed to enable you to obtain mobile healthcare consultations and treatment for common medical conditions by facilitating the connection between you and a licensed healthcare provider (a “Provider”). If you are assigned one or more Providers whilst using our Service, each Provider may be referred to as your “Provider.” The Provider is an independent contractor and is employed by an independent entity and not Grameenphone Ltd. Grameenphone Ltd provides a technology platform to connect you with Providers who shall be available to provide you with certain non-emergency medical advice.

2. Additionally, the Service also includes provision of SMS and voice messages on general health as well as specialized health topics. 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.

3. We reserve the right to amend the Service from time to time and shall notify you of any changes in writing by SMS, email or other means of written communication such as by posting on our website.

4. By subscribing for our Service you acknowledge and accept that we may contact you from time to time in relation to other “Tonic” services we may deliver (including without limitation any Tonic benefits, membership status or relevant special offers).


Determining if the Service is right for you

1. In some cases, our Services may not be the most appropriate way for you to seek medical advice. 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. In such an event, a record of your call will remain on our files, but you will not have established a patient-physician relationship with a Provider for the purpose of resolving this particular issue.


MEDICAL EMERGENCIES

THE MEDICAL CARE YOU RECEIVE FROM YOUR PROVIDER THROUGH GRAMEENPHONE LTD 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.
 

Registration

1. To use our Service, you may be required to set up an account with Tonic of Grameenphone Ltd. You will be able to do register for tonic services via the web, through USSD, IVR or by calling us. When you register you may be required to provide certain information. For example, when you set up an account on the web, you will be required to enter your MSISDN (mobile number) and set a password. Other information may also be requested (e.g. email address, name, date of birth, contact information, credit card information and medical history, as applicable) and such information will be used by Grameenphone (or its affiliate as the case may be) in accordance with its Privacy Policy. Your account will be personal to you and you may only transfer or share your password or account information (collectively, the “Account Information”) 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 Account Information.

2. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur thereunder. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. Grameenphone Ltd reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information, including the right to refuse and/or cancel your registration. Grameenphone Ltd shall not be liable to you for any liabilities or damages resulting from or arising out of your use of our Service, 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 Grameenphone Ltd under applicable law.


Access Rights

1. The agreement between you and Grameenphone Ltd shall commence on the date you accept these Terms and shall continue in effect for as long as your authorized use of the Service continues. The Service will commence once you have accepted these Terms.

2. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable right to access our Service and use our Service solely for your personal and non-commercial use.

3. You agree that all information you provide in relation to obtaining the Service 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 Service. Our use of any information you provide to us hereunder is governed by the terms of our Privacy Policy, which is incorporated by this reference into these Terms.

4. You agree that you will not attempt to: (a) interfere with or disrupt the functioning of the Service in any manner, including the functioning of any software, hardware, network or server connected to the Service; (b) distribute or transfer in any manner the Service or any part of the Service to any third party; (c) copy or modify the Service or any part of the Service for any purpose whatsoever; (d) reverse-engineer or create derivative works based on any part of the Service for any purpose, commercial or otherwise; or (e) use the Service 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 Service to anyone for any reason whatsoever.
 

Obligation of Grameenphone Ltd

Grameenphone Ltd will use commercially reasonable efforts to provide you with technical support and updates for the Service in accordance with its regular business practice and will provide the Service in a professional manner.


Acceptable Use

Use of our Service requires that you comply with acceptable use requirements as determined by Grameenphone Ltd. As part of your responsibilities, you agree that you will not: (a) use the Service in any unlawful manner; (b) use the Service in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including your Provider); (c) interfere with or inhibit any other user from using or enjoying the Service; (d) use the Service as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) collect or use any data or Service 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 Service; or (h) use the Service in any manner that is considered unacceptable by Grameenphone Ltd.

 

Price and Payment Terms

You agree to pay certain fees for the right to use the Service at the current rates set forth on the website www.mytonic.com from time to time or as otherwise provided to you by Grameenphone Ltd or its affiliates. The fees (and any other charges) relating to the Service will be payable by you in accordance with the payment terms agreed under your Mobile Service Agreement. Payments shall be made in Bangladesh Taka (BDT). Fees are subject to change, and any changes will be provided on the website www.mytonic.com or as otherwise communicated to you by Grameenphone Ltd or its affiliates. It is your responsibility to remain informed about the current payment rates from time to time in respect of the Services. Grameenphone Ltd or its affiliates, such as your mobile telecommunications service provider, on behalf of your Provider, will charge you for medical services provided by your Provider, and you agree to pay for all medical services provided to you as well as for any SMS and voice messages provided on specialized health topics. Unless otherwise agreed to by Grameenphone Ltd, all fees paid are non-refundable.

You agree that Grameenphone Ltd is 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.

At present we do not process any insurance claims, nor will your Provider process claims on your behalf. It is solely up to you to determine whether your coverage applies to the provision of our Services hereunder, and submit a claim if applicable. You are responsible for the full fee charged for our Service, regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost of the Service.

Moreover, you are solely responsible for all charges and applicable fees (including taxes and any fees charged by your bank) associated with the Service. For the avoidance of doubt, the terms and conditions for payment of these charges and fees are those that have already been agreed between you and your mobile telecommunications service provider as specified in your Mobile Services Agreement.

 

Privacy

Any personal information obtained by Grameenphone Ltd as part of providing the Service to you and any use of the same will be treated in accordance with our Privacy Policy.

 

Ownership

We are the owner or licensor of all right, title and interest in and to our Service, 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 Service. Any copy, modification, revision, enhancement, adaptation, translation or derivative work of or created from our Service shall be owned solely and exclusively by Grameenphone Ltd, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights. You shall not remove or permit any third party to remove any proprietary rights from our Service or its contents.

Certain names, logos and other materials displayed in our Service may constitute trademarks, trade names, service marks or logos (whether registered or unregistered) of Grameenphone Ltd 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.

We reserve the right to modify or discontinue, temporarily or permanently, our Service, or any portion thereof, with or without notice. We will not be liable to you or any third party, in any manner whatsoever, should we exercise such right.

 

Termination/ Cancellation Rights

You may unsubscribe from our Service, 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 Service or by calling us or by visiting our USSD menu. You must subscribe to the Service for a minimum period of one month, such period starting from the date that you first subscribe to our Service. Furthermore, Grameenphone Ltd may, in its sole discretion and without prior notice, discontinue the provision of the Service at any time due to loss of regulatory approvals, breach by the user or for any other reason whatsoever.

You understand that termination of your subscription to the Services may involve erasure/deletion of your information from our databases. However, your Providers, or Grameenphone Ltd on behalf of the Providers, may retain your information in accordance with applicable laws and professional standards and as set out in the Privacy Policy. You agree that we will not be liable to you or any third party for any termination of your access to our Service or erasure, deletion or removal of your information from our databases following termination of your subscription to the Services.

 

Assignment/Transfer

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.

Disclaimer

Our Service is provided on an “as is” basis. Your access to or use of our Service is voluntary and at your sole risk. 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 Service, or with respect to any information, product, service, merchandise or other material provided on or through our Service (including any consultations or other services you may receive from your Providers). Whilst we use reasonable endeavours to engage with reputable Providers, we do not warrant or guarantee the accuracy, completeness, reliability, timeliness or usefulness of our Service. We do not warrant that the Service will function without delays, disruptions, interferences, imperfections, or any adverse incident.

 

Limitation of Liability

In no event will Grameenphone Ltd, its parents, subsidiaries, affiliates, licensors, and/or suppliers, and/or the officers, directors, employees, consultants, agents and/or any other mobile service provider, through whom Grameenphone Ltd provides the Service, 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 Service, including, without limitation, any information made available through our Service or any services performed by any Providers you connect with via our Service (including claims of medical malpractice or negligence), even if we have been advised of the possibility of such damages.

If you are dissatisfied with any of our materials, products, or services, or with any of the terms and conditions of these Terms, your sole and exclusive remedy is to discontinue using the Service.

 

Indemnification

You agree to indemnify and hold harmless Grameenphone Ltd, its parents, subsidiaries, affiliates, licensors, suppliers, and/or the officers, directors, employees, consultants, agents of each, and/or any other mobile service providers, through whom Grameenphone Ltd provides the Service, 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 Service, your violation of these Terms, or your violation of any rights of any other person or entity or for any harm or loss suffered due to negligent or improper advice provided by the Provider. 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.

 

Force Majeure

Grameenphone Ltd shall not be liable for any failure of or delay in the performance of the Service for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to power supply, failures of electronic communications, acts of God, war, flood, political unrest, riots, strikes or labor disputes, embargoes, government orders or any other event which is beyond the reasonable control of Grameenphone Ltd.

 

Complaints

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:

Phone:     789 from any Grameenphone mobile account

Email:        feedback@mytonic.com

Letter:       Attention, TONIC
                  Grameenphone Ltd
                  GP House, Level 9
                  Bashundhara, Baridhara, Dhaka 1229
                  Bangladesh

 

Miscellaneous

These Terms together with any Short-Form Terms (in place from time to time), the Privacy Policy and any applicable Mobile Service Agreement, which is incorporated herein by reference, constitutes the entire and final agreement between you and Grameenphone Ltd and govern your access to and use of our Service, superseding any prior agreements between you and Grameenphone Ltd with respect to the subject matter hereof, whether written or oral. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may neither assign any of your rights nor sub-contract any of your obligations under these Terms, and any such attempt will be null and void.

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 parties agree to the personal and subject matter jurisdiction and venue of the arbitration located in Dhaka, Bangladesh for any action related to these Terms. 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 Grameenphone Ltd in any manner whatsoever.

You agree to the use of electronic documents and records in connection with future transactions and communications involving our Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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.

Any use of third-party software provided in connection with our Service, or any third-party product or service accessed or used in connection with our Service, will be governed by the applicable third-party’s license or terms of use, and not by these Terms.

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, 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.