Terms & Conditions

1. Definition

Telemedica Co., Ltd. (“Company”) provides technological platforms including the website ooca.co and the application (ooca) (collectively referred to as “Application”, “ooca”), which provides telemedicine services for users who need advices (“User” or “You”) from doctors or medical personnel (collectively referred to as “Doctor” or “Consultant”).

Session defined as the 30 minute of consultation per 1 unit. 

Personal Information defined as information that can indicate your identity such as First Name- Surname, Identity Number, Address, Email, Phone number and so forth, or any information pertaining to the user.

Health information defined as personal information about the user’s health or medical information.  

Personally identifiable information defined as information about a user that cannot be identified by a user. PII (Personally identifiable information) has been removed.

Cookies are information sent from the Site to the User’s computer. While the user visiting the website is visiting the website of the Company.

To use the services, you must accept and agree to comply with terms, conditions, and policies appeared on the Application.

If You do not want to use the Application subject to this Terms and Conditions, you will be unable to use the Application or other services relevant to the Application.

2. Healthcare Service

The Company does not engage in a healthcare facility business, nor work as a medical practitioner or give some advices. Also, the Company does not intervene in the medical practice of the Doctor(s) or the counseling of the Consultant(s).

All Doctors and Consultants proving services through the Application are not employees nor those who are provided by the Company to service you. The Doctor(s) and Consultant(s) choose to be medical practitioners or give advices through the ooca application independently, in order to provide advices and consultations regarding health problems or give some treatments in some cases to the advisees. Each Doctor and Consultant shall be solely responsible for his/her advices and complaints from the advisees. The Company or any outsiders, who offer services or provide links, shall not be responsible for any advices given to the advisees by the Doctor or Consultant.

3. Site Content

No any other content in the Application (except advices received from the Doctor or the Consultant) shall be considered as a medical advice, or a warranty, or an encouragement that any medicine or treatment is safe and effective for You.

4. Inform Consent

“Telehealth” is a provision of health-related service using video and voice responsive technology while patients and medical personnel are not in the same physical location during the process of distant health counseling. You may have to give information of conversation about the details of your health history and personal information via video and voice communication or other distant communication technologies. The Doctor or Consultant may proceed a medical history taking, or observe, or ask you to have medical examination for yourself to support the diagnosis and gives advices through such technologies.

Getting distant health advices from Doctor(s) or Consultant(s) cannot supersede meeting doctor(s) at a healthcare facility or continuous treatment with your regular doctor(s).

You could counsel with Doctor(s) or Consultant(s) continuously through the Application. The first meeting with a Consultant is just an initial counselling (in order to consider the most appropriate treatment guideline for you). You do not need to meet Doctor(s) through the Application regularly. Doctor(s) or Consultant(s) in the Application may advise you to look for any emergency medical aid, follow-up examination from doctors at a healthcare facility, or physical checkup at a healthcare facility. The advisee should comply with such advices for his/her safety.

The Company would make an appointment for a follow-up examination through the Application or other channels as specified by you. You would receive a contact from our Customer Support Service to follow up the results of treatment, side effects, or other complications. Benefits of using the Application are an increasing ability to access medical professionals and a facilitation for you. However, the provision of distant health services is at the same risk as other healthcare services. Potential risks may be technical limitations, including:

Insufficiency of forwarded information (e.g. insufficient definition) to assist you in making decisions for treatment;

The delay and discontinuing of signals that make the communication uncapable, which may be caused by errors of electronic devices. If these cases happened, you would be contacted via phone or other channels of communication;

Limitations in acknowledging about your medical records, which could cause mistakes in advising without your medical records and result in intolerance, or complications or other failures to You;

Although the Company has privacy and security protection measures for information of patients, in some cases, such measures may have failures which cause information leakage.

3. In accepting such Terms and Conditions, You acknowledge and understand and agree as follows:

You understand that you can expect benefits from the use of the Application, but no effect is guaranteed;

You understand that laws and regulations that protect the privacy and security of health information can be applied to the provision of distant medical services, and you have received a privacy notice letter from the Company. Electronic-communication information and medical records shall be always encrypted with a security code;

If your health insurance does not cover expenses arisen from the provision of services, you must be liable for such expenses;

Doctor/Consultant may consider that the provision of services is not applicable for the treatment of your illness and may choose not to provide services to you through the Application;

In the psychological treatment, you shall receive information regarding treatment methods, treatment duration (if known), and expenses if you can ask for opinions from other psychologists or psychiatrists or when the treatment is finished at all time.

4. You can send massages to your Doctor or Consultant through Customer Service, which Doctor/Consultant would not reply your messages immediately. If you have emergency or need any emergency aid, please call 1669 or contact the nearest healthcare facility.

5. Privacy

The Company emphasizes the security of user information that must be kept confidential. There is non-disclosure guideline according to the Privacy Policy declared by the company. The Company shall carefully take its security measures to keep any user information secured.

6. User Account

You must create a user account in order to access the Application. Regarding the registration, you are required to fill in your name, surname, email, password, and other relevant information (hereinafter referred to as “Account Information”). To create the account, you must reach your legal age. Minors are not allowed to create their accounts by themselves. You must certify that your Account Information is true, valid, and complete every time you access the Application. You must not disclose or share your password to others. Also, you must retain your password to ensure that no one can access your account rather than you. The Company shall not be able to access your account or take your Account Information to use for other benefits unrelated to the Application.

7. Provision of Services for Minors

Minors (less than 15 years old) shall be allowed to use the Application under the control of and consent granted by their parents or legal representative(s). Parents or legal representative(s) must be responsible for creating of user account, accepting, and giving consent according to the Terms and Conditions for minors as well as supervising the Minor during using The Company’s service. 

8. Right of Access

The Company reserves the right of access exclusively for those who have provided their information and registered by creating a user account on the Application. The Company reserves the right to revoke or dismiss the services to You by any reasons. You shall not, or attempt to, do the following actions:

  1. Counterfeiting or distorting information to subrogate others or make it wrongfully understand that you are others;
  2. Using the Application to break a law or social norms;
  3. Copying, modifying, adjusting, or remodeling the Application or any part of the Application;
  4. Disseminating or using the Application for spreading viruses or unsecured information;
  5. Performing any action beyond the common use according to the purposes set forth by the Company.

 

In addition, you must not behave or converse inappropriately, aggressively, and immorally against social norms or laws. The Company shall not be responsible for any of your actions occurred during the use of the Application. The Company does not strongly recommend using the Application via public computers or devices nor saving or remembering user information, especially passwords, in web browsers or other programs.

9. Service Fee, Charge, and Terms of Payment

The Company collects service fee charged for the Doctor/Consultant in the form of counselling fee.  There will also be additional charges such as TAX and payment gateway fees from the online payment portal. The Company shall collect fees or service charges in place of the Doctor/Consultant by using credit card information or payment information from other channels that You have registered with the Company. You consent the Company collecting money from your credit card or other payment channels immediately whenever you receive any chargeable services, which you may not receive any notification or bill of service earlier.

9.1. Pre-cancellation of Appointment

Cancelled by Counsellor

  • If an appointment is cancelled by the Counsellor, the Service User will be refunded to his/her Wallet in full amount of money to be used for making a new appointment

Cancelled by Service User

  • If the Service User cannot come to receive the service at the appointed time, he/she must cancel the appointment by him/herself at least 1 hour prior to the appointed time. He/she will be refunded to his/her Wallet in full amount of money to be used for making a new appointment. 

9.2. Late cancellation of Appointment

If the Service User makes the cancellation less than 1 hour prior to the appointed time:

  • Service Users may contact CS to receive refund in the form of Voucher Coupon, 75% of full amount, where 25% will be deducted for Counsellor’s compensation. 
  • In case of organizational clients, the Service User shall be deducted for the right of using the service from the appointed session (30 minutes); the Counsellor shall not get the 25% for the compensation of time wasted, but a normal fee in full amount when the Service User completes the full package of service or after 30 days of using the whole package. (Note: the appointment may be postponed in lieu of the cancelled appointment, depending on the cases, e.g. no receipt of the appointment notification, confusion of time zone, etc.)
  • In case of organizational clients, the Service User shall be deducted for the right of using the service from the appointed session (30 minutes), and the Counsellor will get 25% of the counselling fee of 30 minutes.

However, the Service User can still consult with the same Counsellor. The customer service officer will make a new appointment with the same Counsellor for you, depending on the cases including:

  1. Failure to receive the appointment notification;
  2. Confusion about time zone;
  3. Need of postponing the appointment;
  4. Technical problems that make the Service User misunderstand about the date and time.

The Service User is required to inform the customer service officer via chat support or mail box in the Application or the website within 1 day from the date of the former appointment.

9.3. Walk-in Cancellation of Appointment

Cancelled by Counsellor

  • If the appointment is cancelled by the Counsellor, the Service User will be refunded to his/her Wallet in full amount of money to be used for making a new appointment.

 

Cancelled by Walk-in Service User

  • The Service User is required to cancel the appointment immediately or within 5 minutes after making a reservation so that he/she can be refunded to his/her Wallet in full amount of money.
  • If the appointment is cancelled after 5 minutes of making a reservation, the Service User will not be refunded, and the Counsellor will get 25% of the counselling fee of 30 minutes.

 

In the case where The Service User is unable to cancel the appointment due to technical difficulties, or factors that were outside of the Service User’s control, such as :

  1. Service User cannot enter the Waiting Room
  2. Service User is unable to meet the Counsellor in the Waiting Room
  3. Other cases exemplified in 9.5
 

The Service User can inform the customer service officer via chat support or mail box in the Application to process full refund to ooca Wallet.

9.4. No Show (including walk-in appointment)

No Show by Counsellor

When it comes to the appointed time and the Counsellor is no show, the Service User can contact the customer service officer immediately.

  • After 10 minutes, if the Counsellor cannot be contacted, the Service User shall be refunded to his/her Wallet in full amount of money to be used for making a new appointment.

No Show by Service User

The Service User is no show within 10 minutes of the appointed time and cannot be contacted via all channels:

  • Your appointment will be cancelled immediately without Refund.
  • In case of appointment User, Term 9.2. Late cancellation by Service User applies.
  • In case of Walk-in User, Term 9.3. Cancelled by Walk-in Service User applies.

The Service User can still consult with the same Counsellor when agreed by the Counsellor. The customer service officer will arrange an appointment with the same Counsellor for you in the following cases:

  1. Failure to receive the appointment notification;
  2. Confusion about time zone;
  3. Need of postponing the appointment;
  4. Technical problems that make the Service User misunderstand about the date and time.

The Service User is required to inform the customer service officer via mail box in the Application or the website within 1 day from the date of the former appointment

 

9.5. Problems of Failure to Receive Counselling

The Service User can ask for helps from the customer service officer immediately during the conversation without hanging up.

If the Service User is personnel of an entity entering into an agreement with the Company, the personnel can use the Application for counselling free of charge under the condition that the entity must accept the terms and conditions of service for its personnel. If the Service User does not accept such terms and conditions, the Service User can still use the Application with relevant service charge.

In case the Service User needs to claim for refund of service fee/ charge, he/she can receive the refund via his/her Wallet in the following cases:

There is an explicit technical problem or trouble as a result of ooca’s platform or server, making the conversation with psychologists/psychiatrists fail (excluding problems or troubles caused by equipment or connection of the Service User, unless having reasonable causes which will be considered case by case).

  • The appointment is cancelled by the Service User not less than 1 hour prior to the appointed time or 5 minutes for Walk-in appointments;
  • The appointment is cancelled by the Counsellor in all cases;
  • The Counsellor requests for refund for the Service User;
  • Other cases due to changes of contract information in the future.

9.6. Withdrawal of money to bank account/credit card

In all cases, the amount of money topped up to the Wallet in ooca Application cannot be exchanged to cash or withdrawn to a bank account or a credit card of the Service User and cannot be transferred to other User Accounts.

9.7. Making an appointment for more than 2 sessions within 4 hours

The system does not support giving consultation too long each time. The system will not allow booking consecutive appointments within 4 hour time window.

10. Conditions and Agreement of Organization User (Including the WALL OF SHARING Project)

The Company has made agreements with entities or organizations to give them rights of using the Application without charging service fee. Personnel of entitled organizations (referred to as Organization User or Organization Employee) and users who are part of Wall of Sharing Project (referred as Wall of Sharing Users) must accept the conditions and agreements as follows.

10.1. Conditions and Agreements on Using the Right of Organization User

  • Organization User has to register and create a user account using name specified by the entity or the organization, which is normally an email address of the entity or your telephone number provided to the Company.
  • Organization User is given the right to receive the counselling service not more than 4 sessions per week. However, in any necessary case, the Organization User can use the counselling service even though he/she have used his/her rights beyond the limit by sending a request and indicating his/her reasons to support@ooca.co
  • Organization User acknowledges that all of his/her unidentifiable information used in the Application may be passed on to his/her organization, which has made an agreement with the Company, for charging the service fee. Such information is not your identifiable information and is not connected to your user account or other data sets that can be rendered to yourself.
  • The Company strongly focuses on the security and privacy of your information. The Company will attempt in all ways to ensure that all of your information in the system is kept confidential using appropriate security and privacy measures. However, the Company needs to disclose your information to relevant officers to comply with the law or to make your life harmless.
  • Wall of Sharing Users can check their rights to privilege and participating institutions via ww.wallofsharing.com, or register for the right to Service via form in the website mentioned. 

10.2. Conditions on Suspension of Rights of Organization User Using Other User Accounts

The Company does not allow or support a subrogation by using user account of others for accessing the service. If the Service User is detected or proved by the Company that you are subrogating a user account of others for your own benefits, the Company reserves its right to suspend all suspected accounts in order to protect rights of the organization until the Service User verifies its email by contacting the Company directly at support@ooca.co.

11. Trademark

Name, logo, and other statements appeared on the Application are parts of the Company’s trademark. It is not permitted by the Company to utilize or to modify, adjust, remodel this trademark, either in whole or in part, to be used for any purposes without written consent from the Company.

12. Account Dismissal

You can dismiss your account by accessing the “Delete my account” feature in the Mobile Application. After dismissing, you will not be able to access the services, and the Company shall no longer provide services to You. Your personal and health information shall no longer be accessed. However, you can request for cancelling the dismissal to return to use the services later by creating a new account. However, any personal and health information shall not be recovered in your new account.

13. Amendment of Terms and Conditions

The Company may further amend the Terms and Conditions when it is considered necessary by the Company without giving prior notice to the User. The amendment shall be effective when the amended Terms and Conditions are declared in an appropriate part of the website operated by the Company. The fact that the User continues using the services shall be deemed that the User accepts completely and cannot revoke the amended Terms and Conditions. The User should check the Terms and Con Conditions from time to time during his/her use of services since there may not be notifications separately about the amendment of the Terms and Conditions.

14. Warranty

You must acknowledge that the Company is not a health service provider, nor the one who gives advices, diagnosis or health problem treatments, but an application provider who connects you to the Doctor/Consultant, the third party. Therefore, the Company shall not warrant any effects from the advices given by the Doctor/Consultant. You must accept that the Doctor/Consultant is not associated with or engaged by the Company. Doctors/Consultants are independent practitioners who are directly responsible for giving advices, consultations, treatment guidelines.

15. Specialist’s Professional License

All Doctors appearing on the Application are knowledgeable and expertized in a specific area of profession and truly have their medical professional licenses and specialist certificates which are shown on the Application. Also, other professionals and psychologists are knowledgeable and expertized in their own areas of profession and have their professional licenses or diplomas on their areas. However, you can refer to the information of the Doctors via the website of the Medical Council of Thailand (www.tmc.or.th) or websites of other institutes relevant to other specific areas of profession.

16. Information of Other Third Parties

In the Application, there may be links connecting to content of other third parties. You acknowledge and agree that the Company shall not be responsible for their content of services. Also, the Company does not control, guarantee, support, recommend, or accept such content. Using the advice services by linking to content of other third parties shall be under your own risk.

17. Indemnity

You agree to indemnify, protect, and cause no damages on ooca, its medical service providers, directors, representatives, or affiliates from any breach of the Terms and Conditions.

18. Geographical Limitation

The Company shall not represent that its provision of services and/or advices given through your use of services shall be suitable or usable in overseas or all areas around Thailand.