Terms of Service for Healthcare Providers
IMPORTANT: DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLE BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENCY MEDICAL ATTENTION. CALL 999 (MALAYSIA) OR 995 (SINGAPORE) OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
1.1. AMHERE SDN. BHD., all its other sub-domain websites, subsidiaries, affiliated companies, predecessors, successors, licensors, beneficiaries, agents, employees, and representatives (collectively, “AMHERE”, “us”, “our” or “we”), operates the website located at https://www.amhere.io/ (the “Site” or “Website”) and its subsidiary web and mobile application (the “Application”, “Platform”).
1.2. The Application provides a platform that connects clients (“Clients” or “Patients”) and independent third-party healthcare providers (“Healthcare Providers” or “Healthcare Professionals” including but not limited to physiotherapists, occupational therapists, mental health support, psychologists) for clients to receive healthcare services via appointment between the Healthcare Provider and the Client (“Appointment”). References to “you” and “yours” in these Terms are to the healthcare providers who are using or accessing the Platform.
1.3. Please read through the Agreement carefully before downloading or using the Application. If you do not agree to the terms of this Agreement, please do not download or use the Application.
1.5. Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa.
2.1. AMHERE reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Platform following the date on which the amended Terms are posted.
3. SCOPE AND DEFINITION
3.1. Telehealth is the "delivery of health care services, where patients and providers are separated by distance. Telehealth uses ICT [information and communications technology] for the exchange of information for the diagnosis and treatment of diseases and injuries, research and evaluation, and for the continuing education of health professionals.” (World Health Organization, WHO, 2016). In light of the COVID-19 restrictions on in-clinic treatments, the use of telehealth will assist in ensuring that clients are able to have their healthcare needs addressed in the most appropriate manner during this time period.
3.2. Telehealth services can include evaluation, assessment, monitoring, prevention, intervention, supervision, education, consultation, and coaching.
3.3. Telehealth services are delivered to clients by a broad range of healthcare professionals (“Healthcare Professionals” or “Healthcare Providers”). These professionals may include, but are not limited to physiotherapists, occupational therapists, mental health support personnel, physicians, psychologists, speech-language pathologists, and educators.
4. YOUR USE OF THE PLATFORM
4.1. Subject to your compliance with these Terms, AMHERE grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Platform.
4.2. You would need to have an account with AMHERE (“Account”) in order to use the Platform. By creating an Account, you represent and warrant that:
(a) all information which you provide is accurate, up to date, truthful and complete; and
(b) you are capable of entering into and performing legally binding contracts under the Applicable Laws.
4.3. AMHERE reserves the right to, at its sole discretion, and without liability:
(a) suspend or terminate your Account and/or your access to the Platform at any time, for any reason (including but not limited to a suspected breach of any Applicable Laws by you), and without advance notice; or
(b) change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Platform at any time, for any reason, and without advance notice.
4.4. You acknowledge and agree that if we suspend or terminate your Account, you will lose any information associated with your Account. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
4.5. You agree and acknowledge that:
(a) AMHERE only provides the Platform to allow you to connect with the Clients; and
(b) AMHERE is not directly involved in transactions between you and the Clients, and is not a party to any relationship between you and the Clients (contractual or otherwise).
4.6. You further agree and acknowledge that AMHERE has no control over, and is not responsible nor liable for:
(a) any details and particulars of the Clients listed on the Platform;
(b) any correctness of any particulars relating to any Appointment provided by any Client; and
(c) any of your acts or omissions in respect of any Appointment.
4.7. You shall use your best endeavours to attend to the Patient within an hour of an Appointment. In the event you are unable to do so, you are to inform AMHERE at firstname.lastname@example.org or other method of communications as may be prescribed by AMHERE from time to time.
4.8. By accepting an Engagement or otherwise using the Platform, you represent, warrant and undertake as follows:
(a) you are a certified healthcare professional, with a valid practising certificate, or verified professional background, or registered under a valid professional regulation board as required under and in compliance with the Applicable Laws;
(b) you shall provide healthcare services and fulfil any Appointment to any Client with the highest level of care, skill and diligence in accordance with best practice in the healthcare industry, profession or trade;
(c) keep separate accounts and records giving correct and adequate details of all matters relating to your Appointment (including but not limited to all Clients’ medical records) on the electronic medical records platform provided on the Platform. Such records must be that of sufficient standard required and in accordance with best practice in the medical industry, profession or trade;
(d) you must disclose to each Client that you are not affiliated to AMHERE and have no authority or ability to negotiate or enter into any contract on behalf of the AMHERE;
(e) you shall not unreasonably request for additional payments after the Appointment has been confirmed by Clients;
(f) you shall act towards the Clients dutifully and in good faith; and
(g) you shall comply strictly with all Applicable Laws and regulations and any operating guidelines and rules relating to the healthcare industry, profession or trade.
4.9. You further agree and acknowledge as follows:
(a) you shall have no authority, and shall not hold yourself out, or permit any person to hold itself out, as being authorised to bind the AMHERE in any way, and shall not do any act which might reasonably create the impression that you are so authorised; and
(b) you shall not make or enter into any contracts or commitments, or incur any liability for or on behalf of AMHERE.
5. ADMINISTRATIVE AND TECHNICAL PRINCIPLES
5.1. You shall comply with federal or state laws on types of services that can be delivered by telehealth, informed consent, client education on the scope of telehealth services, capturing of video, audio and/or photos, record keeping, privacy and security, termination of services, billing arrangements, and other limitations associated with the use of telehealth.
5.2. You shall ensure that a caregiver is available when necessary to meet clients’ needs before, during, and after the telehealth services.
5.3. You shall ensure all necessary procedures to determine the client’s location at the time of telehealth, to implement alternative modes of communication (e.g., telephone or text) in the event of technical disruption during telehealth, and an emergency plan to ensure the clients’ safety in the event of health-related complication.
5.4. You should be familiar with the operation of AMHERE’s telehealth application, such as booking a telehealth appointment, guiding client to accept appointment and make payment, starting an appointment, making a video call, ending an appointment, updating the details of an appointment, cancelling or conclude an appointment.
5.5. AMHERE IT support can be contacted at email@example.com to assist with troubleshooting.
5.6. You shall practice infection control procedures for the use of telehealth equipment that comply national, state and local regulatory requirements, in particular the cleaning/sterilization of equipment for re-use by multiple clients.
5.7. You shall address any modifications to the physical environment and devices, and should consider usability and accessibility factors of the client (e.g., fine/gross motor skill, behavioural aspects, cognition, speech, language, vision, and/or hearing) to promote quality services and outcomes.
6. CLINICAL AND ETHICAL PRINCIPLES
6.1. You shall be aware of and comply with all professional state board regulations and any guiding scope of practice policies.
6.2. You shall consider the need to modify education or intervention materials, techniques, equipment, and/or the physical setting in the deliverance of telehealth services, and shall deliver services in accordance with professional standards of care, copyright laws, and the principles of evidence-based practice.
6.3. You shall comply with all federal, state and professional regulations for clinical and non-clinical documentation, collection and storage of health data, health and/or medical record storage and management, and retrieval or sharing of client data or medical records to protect the client’s personal health information in accordance with federal and state regulations.
6.4. You shall ensure the client’s safety during telehealth service. If during the telehealth services, the you observe the client might be experiencing any medical symptoms, complications, or emergency, telehealth session shall be terminated and the client shall be referred to an appropriate local healthcare provider or emergency services.
6.5. You shall comply with any applicable laws, regulations, statutes, and/or telehealth-related policies and adhere to professional codes of ethics.
6.6. You shall inform clients of their rights and responsibilities when receiving rehabilitation services through telerehabilitation, including their right to refuse or discontinue services.
7. PAYMENT OF MEDICAL FEES
7.1. You agree and acknowledge that the payment of fees in relation to the Appointment (“Medical Fees“) payable by a Client shall only be made:
(a) by way of instant interbank transfer to AMHERE SDN BHD; or
(b) by way of DuitNow to AMHERE SDN BHD; or
(c) by way of credit/debit card via online payment method provided on the Platform.
7.2. Notwithstanding anything in these Terms, you agree and acknowledge that AMHERE is not a party to the any relationship between you and the Client (contractual or otherwise), and shall assume no liability for any of your acts or omissions.
8. PAYMENT TO YOU
8.1. Where Medical Fees are paid by Client to AMHERE, you agree and acknowledge that AMHERE shall charge a 20% of the Medical Fees and the remaining 80% shall be credited in the “Wallet” of your Account. Payment shall be credited by AMHERE to your bank account which you shall provide to AMHERE, by the 14th day of the following calendar month.
8.2. AMHERE shall keep separate accounts and records giving correct and adequate details of all matters relating to your Appointments. You hereby agree and acknowledge that any records maintained by AMHERE relating to or in connection with your Appointments shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information relating to these Terms. You hereby agree and acknowledge that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records, and you hereby waive any of your rights, if any, to so object.
8.3. Payment to you is subjected to the number of completed and paid telehealth sessions conducted by you, amount of country taxes, AMHERE charges, the pricing of the rendered service, and subjected to any dispute.
8.4. You are personally responsible for all Malaysia Earned Income Taxes, Pension Fund and any mandatory payroll deductions/payments as gazetted by the Malaysia Government or any local government/authority where you provide service.
8.5. AMHERE may at any time, without notice to you, set off any of your liability to AMHERE against any liability of AMHERE to you, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms. Any exercise by AMHERE of its rights under this clause shall not limit or affect any other rights or remedies available to it under these Terms or otherwise
9.1. Each party shall at its own expense comply with all Applicable Laws relating to its activities under these Terms, as they may change from time to time, and with any conditions binding on it in any applicable licences, registrations, permits and approvals.
10.1. You may terminate your contract with a termination notice period of two (2) weeks.
10.2. AMHERE reserves the right to terminate your contract at any time for cause. If you are terminated for cause, AMHERE will have no further obligation to you. Cause for immediate termination includes, but is not limited to, wilful misconduct, violation of AMHERE’s ethics or zero tolerance policies, and job-related criminal conduct.
11. CONFIDENTIALITY & DATA PROTECTION
11.1. AMHERE requires you at all times, not to give to others, or to use for yourself or for others any confidential information you may have obtained during your service with AMHERE unless you have prior written permission of AMHERE to do otherwise. Such permission, however, shall not relieve you from your obligation of not giving confidential information to other Companies nor to use it for the benefit of others even after you are no longer with AMHERE.
11.2. Each party agrees that in relation to Personal Data processed in connection with these Terms, it shall:
(a) process the Personal Data in accordance with the Malaysia Personal Data Protection Act 2010 (“PDPA“) and any other Applicable Laws;
(b) process the Personal Data only so far as is necessary for the purpose of performing its obligations under these Terms;
(c) not disclose or allow access to Personal Data other than by its employees or third parties engaged to perform obligations pursuant to these Terms, and ensure that such employees or third parties are subject to written contractual obligations concerning the Personal Data which are no less onerous than those imposed by these Terms; and
(d) use all reasonable efforts to assist the other party to comply with such obligations as are imposed on that party by the PDPA and other Applicable Laws.
11.3. In relation to the Personal Data relating to any third party that you disclose, provide and/or otherwise supply to AMHERE, you represent, warrant and undertake that you are an authorised representative or agent of such third party and that you have obtained all necessary consents from such third party in respect the collection, use disclosure, and/or otherwise processing by AMHERE of their Personal Data.
11.4. You shall indemnify AMHERE against all claims and proceedings and all liability, loss, costs and expenses incurred by AMHERE as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of your breach of this clause.
12.1. In consideration of the mutual undertakings hereunder, and to protect the legitimate business of AMHERE, you undertake that you shall not for a period of three (3) months following the date of an Appointment, either on your own account or in conjunction with or on behalf of any other person, firm or company (whether directly or indirectly) or on behalf of any third party:
(a) be involved with the provision of healthcare services with any Client, other than by way of the Platform.
(b) solicit business in competition with AMHERE from Clients of AMHERE with whom, you have had dealings at any time during the course of your engagement with AMHERE.
(c) seek to entice away or recruit any employee of AMHERE who was so employed at the date of the Employment.
12.2. You agree and acknowledge that:
(a) the duration, extent and application of the this clause 12 is reasonable and is no greater than is necessary for the protection of the proprietary interests of AMHERE;
(b) its undertakings in this clause 12 are intended for the benefit of AMHERE, and apply to actions carried out by you in any capacity and whether directly or indirectly, on your behalf or on behalf of any other person or jointly with any other person; and
(c) without prejudice to any other rights or remedies that AMHERE may have, you agree and acknowledge that damages alone would not be an adequate remedy for any breach of this clause 12 by you. Accordingly, AMHERE shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this clause 12.
13. INTELLECTUAL PROPERTY
13.1. You acknowledge and agree that the Platform and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AMHERE. Furthermore, you acknowledge and agree that the source and object code of the Platform and the format, directories, queries, algorithms, structure and organization of the Platform are the intellectual property and proprietary and confidential information of AMHERE. You are not granted any intellectual property rights in and to the Platform not expressly granted in these Terms and such rights are hereby reserved and retained by AMHERE.
13.2. The Platform may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Platform is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including but not limited to any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Platform or components thereof be deemed to be open source or publicly available software.
13.3. You are not authorised by AMHERE to use AMHERE’s intellectual property rights, including but not limited to trademarks, in any advertising, publicity or in any other commercial manner without the prior written consent of AMHERE, which may be withheld for any or no reason.
14. INDEMNITY AND LIMITATION OF LIABILITY
14.1. You agree and acknowledge that your only right and remedy against AMHERE in connection with the Platform (including but not limited to the Appointment and your provision of healthcare services to the Clients) is to request for the termination of your account on the Platform and/or to discontinue any use of the Platform.
14.2. Without prejudice to clause 14.1 above, AMHERE shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any direct, indirect, incidental, consequential, special or exemplary damages (including but not limited to any loss of profit, loss of revenue, loss of use, loss of goodwill, loss of data, loss due to interruption of business, or loss of anticipated savings) arising out of or in connection with your access or use of or inability to access or use the Platform or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the Platform.
14.3. Without prejudice to this clause 14, AMHERE’s total liability to you in respect of all loss or damages arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the fee payable by AMHERE to you under clause 8.1 in respect of a consultation (excluding fee payable by AMHERE to you in respect of service) per visit.
14.4. You shall indemnify and hold AMHERE harmless against any and all losses, liabilities, damages, costs, claims and expenses (including legal fees on a full indemnity basis and other professional advisers’ fees, and disbursements and costs of investigation, litigation, settlement, judgment, interest, penalties and remedial actions) incurred by or awarded against AMHERE at any time and from time to time, directly or indirectly, sustain, incur or suffer by reason of, or arising out of or in connection with:
(a) any of your breach or default of any of your obligations, warranties and duties under or in connection with these Terms;
(b) the Appointment (including but not limited to any claim arising out of in connection with your breach of standard of care to any Client);
(c) any neglect or default of yours in your performance of your duties and obligations under these Terms, and in relation to any Appointment with any Client;
(d) any of your breach of any other contract with a third party (including but not limited to any Client)
(e) any other third party claims (including but not limited to those initiated by any Client) arising out of or in connection with these Terms;
(f) any infringement of a third party’s intellectual property rights by you; or
(g) non-compliance with Applicable Laws by you.
15. ENTIRE AGREEMENT
15.1. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.2. Each party acknowledges that in agreeing to these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
16. NO WARRANTY
16.1. You acknowledge and agree that the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
16.2. AMHERE does not represent or warrant that:
(a) the use of the Platform will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data;
(b) the Platform will meet your requirements or expectations;
(c) errors or defects in the Platform will be corrected; or
(d) the Platform and AMHERE’s servers are free of viruses or other harmful components.
16.3. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
16.4. The Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). AMHERE is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
16.5. No advice or information, whether oral or written, obtained by you from AMHERE or from the Platform shall create any representation, warranty or guarantee. Furthermore, you acknowledge that AMHERE has no obligation to support or maintain the Platform.
16.6. AMHERE disclaims any and all liability or responsibility in relation to the content made available through the Platform. AMHERE is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Platform, including the failure of such third party content and services.
17.1. AMHERE does not warrant that the Platform will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that AMHERE and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
18.1. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
19.1. The parties agree that all disputes regarding this Service Agreement or interpretation of this agreement shall be governed by the laws of Malaysia and Malaysian States, and the parties further agree that the exclusive judicial forum for resolving all such disputes shall be the courts in Malaysia.
Released on 18th Dec 2020