Terms

 

 

Tonic – Digital Healthcare – Terms of Service

 

Tonic’s vision, and commitment

At Tonic, we hope to make healthcare accessible and affordable to all those who need it and to place great health services into the hands, and mobile phones, of millions of people.

The way Tonic works are simple: we’re here to serve your health needs (or those of your family) and strive to ensure you have the best possible healthcare experience.

We hold ourselves to the highest legal and ethical standards and we value hearing from our members and customers. So if you have any questions, ideas, or complaints, please do get in touch in the following ways:

● Email: feedback@mytonic.com

● Facebook: https://www.facebook.com/tonicbd/

● Phone: 20000 from any Grameenphone mobile account, 09612997700 from any other

 

 

About Tonic services

We provide medical consultations with qualified doctors, via our audio, video and chat options. We also provide healthcare information services, and health tips, through our digital healthcare tools. Many of our products and membership packages also include access to health insurance and health discount benefits, to reduce the cost of healthcare – and to support like ordering medicines, medical devices or diagnostics and tests from our healthcare partners (like pharmacies, laboratories, clinics or hospitals).

Summary of these terms

The terms are designed to protect you and your rights. For example that your health or medical data is confidential and will not be shared with anyone without your consent. So please read these terms carefully so that you understand them. These terms cover all the services that Tonic provides to you through our healthcare app or other platforms and Websites. When you use the App, you may access a range of healthcare services from us, and also from our third-party partners.

Our terms are comprehensive because healthcare can be complicated. So, to ensure you don’t miss key information, we would like to remind you that:

● We provide health and medical advice via our audio, chat, and video consultations

● When you use our Services, healthcare practitioners will serve you from Bangladesh and will be fully licensed to provide relevant medical advice

● We provide other health tips and healthcare information, including on third-party services, via our App, website and SMS. These do not constitute medical advice, diagnosis or treatment. You should always talk to a qualified medical professional about any questions you may have about a medical condition.

● If you think you have a medical emergency, you should call your doctor or the emergency services immediately. Tonic does not provide emergency medical care, and our App and telemedicine services are not suitable for managing medical emergencies

● Although telemedicine can help with the majority of everyday health problems, some conditions are not suitable for medical advice via audio, video or chat

● We need certain information from you in order to provide health services and will protect your data

 

Tonic, and Telenor Health

Tonic is a range of different healthcare services, and digital tools, developed by Telenor Health. Telenor Health is a healthcare company, founded in Bangladesh in 2016, dedicated to making quality healthcare services accessible to all. Telenor Health is wholly owned by Telenor Group, a global telecommunications business based in Norway, but with 200 million mobile subscribers across South East Asia. Telenor believes in empowering societies through mobile connections.

Telenor Health provides Tonic services for GrameenPhone subscribers in Bangladesh, accessible by dialing 20000, and via our App and digital tools. Telenor Health also provides services via App and digital tools for anyone with health needs, from any mobile network.

 

Tonic for GrameenPhone users

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, constitutes 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 the 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.

 

Tonic for non-GrameenPhone users

Telenor Health (“We”, “Us”, “Our”) intends to provide mobile healthcare products and services to users 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 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, and any short-form version of these Terms, constitutes the entire agreement between you and Telenor Health 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 Telenor Health 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 Telenor Health. Telenor Health 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 the 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.

 

SPECIFIC TERMS & CONDITIONS For Medicine Delivery

1. Introduction

“ePharma” is an online pharmacy (http://epharma.com.bd) that is owned and operated by a third-party company called LIMITLESS SOLUTIONS LIMITED, which is a private limited company incorporated under the laws of Bangladesh, with registered address at House-477, Road-32, Mohakhali DOHS, Dhaka-1206, Bangladesh (“LSL”).

BanglaMeds Pharmacy Limited, is an online pharmacy that is owned and operated by a company incorporated under the laws of Bangladesh, Trade License No. 011412, whose registered address is: Apt-1A, house-12, Road-10, Sec-6, Uttara, Postal Code: 1230 City: Dhaka

LSL/BanglaMeds Pharmacy Limited has agreed to provide various discounts to Tonic Members (“Discounts”) on medicines, products and services offered, sold and/or delivered by LSL/BanlaMeds throughePharmato Tonic Members(“Medicines”).

The following terms and conditions (‘Terms’) specifically apply to all purchases of Medicines by Tonic Members from LSL/ePharma/BanglaMeds and delivery of the same by LSL/ePharma/BanglaMeds.

By ordering Medicines from LSL / ePharma/ BanglaMeds, you agree to and confirm your full acceptance of these Terms. You must not order Medicines from LSL / ePharma/ BanglaMeds, if you do not agree to and accept these Terms.

These Terms do not in any way limit or affect the validity of other terms and conditions that are applicable to

 

2. Liabilities & Disclaimers

Grameenphone Limited (“GP”) or Telenor Health (“TH”) (collectively “We”, “Our”, “Us”) assume no liability or responsibility in relation to any and/or all Medicines ordered or purchased by Tonic Members from LSL/ePharma/BanglaMeds.

LSL / ePharma/BanglaMeds are solely responsible to Tonic Members in relation to their sale and delivery of Medicines to Tonic Members(as per applicable law). We have no roles, responsibilities, or liabilities in relation to such matters whatsoever.

We do not endorse or recommend LSL/ ePharma/ BanglaMeds or any particular Medicines sold by LSL/ ePharma/BanglaMeds.Any Medicine purchased by a Tonic Member from LSL/ ePharma/BanglaMeds shall be based on sole discretion and judgment of the Tonic Member, without any representation, warranty or endorsement from Us.

We have no control over and do not guarantee: the existence, quality, safety or legality of Medicines; the truth or accuracy of descriptions of Medicines, the ability of BanglaMeds/LSL/ePharmato sell the Medicines; or that LSL/ePharma/BanglaMeds 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 Medicines or LSL/ ePharma/BanglaMeds, including (without limitation) regarding authenticity, reliability, effectiveness, title, safety, legality or quality of any Medicines or time taken by LSL/ePharma/BanglaMeds or delays or failures by LSL/ePharma/BanglaMeds in delivering the Medicines. Accordingly, we cannot be held liable or responsible for the foregoing at any time.

This Medicine sale and delivery service/feature is not intended for and must not be used or relied on in relation to emergencies.

 

3. Discounts & Payments for Medicines

Tonic Members may be entitled to various discounts directly from BanglaMeds/ LSL / ePharmafor Medicines that they purchase from LSL / ePharma/ BanlaMeds. Amounts of such discounts may vary depending on types, MRP and availability of Medicines and discretion of LSL / ePharma / BanglaMeds.

VAT (as applicable) shall be payable by Tonic Members.

Payments shall be payable directly by Tonic Members to LSL / ePharma / BanglaMeds upon delivery of Medicines. We have no roles, responsibilities or liabilities to collect payments from or offer discounts to Tonic Members in relation to the Medicines and cannot be held liable or responsible for the same.

 

4. Order Submission & Medicine Delivery

Orders will be confirmed and Medicines will be delivered to Tonic Members directly by LSL / ePharma/ BanglaMeds.

Once an order for Medicines is placed by a Tonic Member, LSL / ePharma/ BanglaMeds will contact the Tonic Member by phone to confirm the order. Once confirmed, the Medicines will be delivered by LSL / ePharma / BanglaMeds to the Tonic Member.

Target delivery timeframe for orders is 72 hours of orders being confirmed by Tonic Member. Actual delivery time can be longer due to traffic, holidays, unavailability and etc.

We have no roles, responsibilities or liabilities to confirm orders or to deliver Medicines to the Tonic Members and cannot be held liable or responsible for the same.

An order shall have a minimum value of BDT 200. Any order below BDT 200 cannot be placed.

Delivery charge (additional) is BDT 30 for orders above BDT 200 .

Dhaka delivery coverage (North: Uttara to South: Jatrabari & Broader market of Dhaka).

 

5. Refunds & Rejections

All rejections and refunds shall be as per BanglaMeds’s / LSL’s / ePharma’s policies and handled directly between Tonic Member and LSL/ePharma/BanglaMeds. We have no roles, responsibilities or liabilities in relation to such rejections or refunds and cannot held liable or responsible for the same.

 

SPECIFIC TERMS & CONDITIONS For Live Doctor

1. Introduction

Live Doctor is an additional Tonic feature for Telenor Health’s customer . By this service customers will be able to get consultation from a General/Specialised Doctor through video call. Customer will be able to avail this service through Tonic App and Web. Anyone who has access to Tonic App will be able to avail this service, upon payment for it.

Tonic’s general terms and conditions apply to this service. In addition, the following terms and conditions (‘Terms’) specifically apply to all purchases of video consultation session/sessions by any mobile operator user.

2. Liabilities & Disclaimers

Telenor Health (“TH”) (collectively “We”, “Our”, “Us”) assume no liability or responsibility in relation to any payment related issues for the session booking as these are the responsibility of the payment gateway provider.

Customers will be solely liable for missing any booked Live Doctor session, and will not be entitled to a refund if they miss the provided appointment slot. Telenor Health assume no liability for missing any video consultation session.

Telenor Health is providing access for booking a doctor video consultation session with general and/or specialised doctor and does not provide the internet data pack/bundle to connect to this service .

Customer will hold the responsibility for any kind of misuse and unethical activity during the video consultation with doctor.

 

SPECIFIC TERMS & CONDITIONS For Tonic+Partner Tests

1. Introduction

“Square Hospital” Is XX, which is a private limited company incorporated under the laws of Bangladesh, with registered address at YY

Thyrocare Is XX, which is a private limited company incorporated under the laws of Bangladesh, with registered address at YY

Square and Thyrocare has agreed to provide various discounts to Tonic Members (“Discounts”) on diagnostics and tests offered and delivered by them and Tonic, to Tonic Members(“Tests”).

The following terms and conditions (‘Terms’) specifically apply to all purchases of Tests by Tonic Members, and delivery of the same Tests by Square, Thyrocare.

By buying packages that include a) doctor consultations from Tonic, and b) Tests from Square / Thyrocare, you agree to and confirm your full acceptance of these Terms. You must not order Tests from Tonic and Square / Thyrocare if you do not agree to and accept these Terms.

These Terms do not in any way limit or affect the validity of other terms and conditions that are applicable to Tonic Members in relation to Tonic (in general) or any specific Tonic feature (where applicable).

 

2. Liabilities & Disclaimers

Telenor Health (“TH”) (collectively “We”, “Our”, “Us”) or Grameenphone Limited (“GP”) assume no liability or responsibility in relation to any and/or all Tests provided to Tonic Members by Square and Thyrocare.

Square / Thyrocare are solely responsible to Tonic Members in relation to the provision of the Tests to Tonic Members(as per applicable law). We have no roles, responsibilities, or liabilities in relation to the Tests whatsoever.

We do not endorse or recommend Square / Thyrocare or any particular tests sold by Square / Thyrocare. Any “Tonic + Tests” packages purchased by a Tonic Member, shall be based on sole discretion and judgment of the Tonic Member, without any representation, warranty or endorsement from Us of the Test component of the package.

We have no control over and do not guarantee: the existence, quality, safety or legality of the Tests; the truth or accuracy of the results of the Tests.

To the fullest extent permitted by applicable law, we disclaim all liabilities and responsibilities arising from or related to in any way to the Tests of Square / Thyrocare, including (without limitation) regarding authenticity, reliability, effectiveness, title, safety, legality or quality of any Tests or time taken by Square / Thyrocare or delays or failures by Square / Thyrocare in providing the Tests. Accordingly, we cannot be held liable or responsible for the foregoing at any time.

If Tonic medical practitioners provide any medical advice to Tonic members, based on the results of the Tests from Square / Thyrocare, and the results of the Test were inaccurate or false negative/positive, Tonic cannot be held liable or responsible for this medical advice.

 

Payment Settlement

● Telenor Health allows payment with certain MFS, Debit Cards and Credit Cards. The transactions will be executed by an appointed "Payment Gateway". The Payment Gateway is a separate organization 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 the customer’s bank or MFS provider.

● All information related to your MFS,Card/Bank Account will be exclusively dealt by the Payment Gateway and the Bank. Telenor Health will not ask for your payment information in its site nor does it 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 request, you must contact your Card issuing Bank or the Bank in which you maintain your account. For any other payment related queries, please also contact your bank.

● Please note that once you confirm your payment, you will not be able to cancel your order.

 

Delivery of Products

● After you have selected your product(s), via Telenor Health and our partners, you will have to provide your delivery address. After confirming your delivery address, you will be taken to another page to enter your payment information. Please note that this payment page is owned, managed and maintained by the payment processing bank, and is not the responsibility of Telenor Health.

● For any reasons whatsoever, if Telenor Health or its authorized agents failed to deliver you the ordered product or services, you will get the refund as per the timeline agreed by your respective Bank. However, it may take 14 (fourteen) working days for refund to your Credit Card or Debit Card or Bank Account or through cheque.

● There can be a situation where some technical problems may occur which are completely unintentional and due to this situation, your payment may be deducted but Telenor Health may not receive confirmation & consequently delivery of your desired product may be delayed.

○ In such case please inform Telenor Health about the incident with your order number and detail of product selections. After validating your complaints, Telenor Health or its authorized representatives will deliver you the order product as early as possible.

● Telenor Health will be using third party delivery organization/person to deliver your ordered product at your given address. Cost of delivery will be at actual basis and borne by the buyer. Such delivery cost will be added with the particular product price at the time of selection of product for ordering. and shall be paid upon buyer select and order a particular product. For any unwanted accident or uncontrolled or unintentional incidents this may be delayed. As a responsible organization, we will try our level best to deliver you the product by 5 (five) working days. This time period may differ in case of any unavoidable circumstances.

● If the Buyer enters incorrect personal data or the residence address or Shipping address during the purchase process, Telenor Health shall not be liable for non-delivery of goods.

 

Terms of service and user agreement

Telenor Health reserve the right to cancel any product eligibility, service, or change the Terms of Service and the User Agreement for the product without prior notice to the User.

 

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: 20000 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.