SMARTWELF MEDTECH COMPANY LIMITED, (Hereafter: SMARTWELF MEDTECH CO., LTD.), provides blood test services to check health remotely through the mail. The user also has access to the details of important results and can consult a doctor online expeditiously. Please read the terms of service carefully to take advantage of our convenient online services.
The user (signee) agrees to apply for the service. The user is deemed to have read and understood the terms of service and privacy policy thoroughly. And the user must accept all terms of service and terms of the privacy policy. These terms of service are binding on the service user according to the current law.
1. The terms of service of SMARTWELF MEDTECH CO., LTD. are intended to inform you of the legal rights and obligations that must be complied with upon entering the stipulated agreement.
2. Definitions of Contractual Terms:
2.1 When the contact refers to the “service provider” this means SMARTWELF MEDTECH CO., LTD. and the name of the “H4H Website” or any other name referring to the service shall include any or all use of service both directly through the website and/or through agents in any form.
2.2 The “user” means any person who accesses, uses, whether it is a product, software, service or the website of the service provider.
2.3 The terms of service means any agreement, term, contract, or any other name of the same form that informs the signee of legal rights and duties of the agreement.
2.4 “Services” mean the provisions of the medical examination kit and advice given by the results of an examination.
2.5 The “Information” means any information that the user, or the person authorized by the user to act on his behalf, has provided to the website.
2.6 “Personal information” means information about an individual by which an individual can be identified, whether directly or indirectly, but does not include information of any deceased in particular.
2.7 “Confidential information” means any information that the parties have provided to each other, whether verbally, written or electronic data, but does not include any information that has been released to the public already.
2.8 “Service fee” means the amount owed (total fee) for a health check-up kit and advice on the results of the examination that the service user agrees to be charged by the service provider.
2.9 “Agent” means any person and or any other name as an authorized user with the same meaning which has been authorized and or has been appointed by means SMARTWELF MEDTECH CO., LTD.to be able and given permission as an authorized user to use the system in whole or in part.
3. Upon using the service the user must understand and agree to the terms of service and various privacy policies of the service provider.
4. Applying for the service the user must start by accepting the terms of service and various privacy policies. It is understood that the service user has accepted, read and understood fully and subsequently agreed to the terms and conditions, terms of service, privacy policy and or any other regulations as stipulated by the service provider.
5. The service provider hereby limits the liability as follows:
5.1 The home health check-up services under the brand “H4H” are categorized under the “medical device for in vitro diagnostics” or In Vitro Diagnostic (IVD) medical services, which covers only the diagnosis and provides preliminary medical advice without diagnosis or performs medical treatment in any form.
5.2 The stated laboratories authorized to perform analytical tasks refers to the main laboratory that has been fully certified under the ISO/IEC 17025. The SMARTWELF MEDTECH CO., LTD. has been assigned to work on the lab inspection. Therefore, in some cases, the company may use an alternative laboratory that is accepted by Thailand Ministry of Public Health for the analysis.
5.3 In the event of an accident or any health consequences as a result of the service user's self-blood collection process it is the sole responsibility of the user at all times. SMARTWELF MEDTECH CO. LTD is not responsible or liable in any way.
5.4 If the blood sample is lost due to the transport of samples by the courier company it falls on the responsibility of the transport company. SMARTWELF MEDTECH CO. LTD is NOT responsible for said delivery.
6. The service user must provide accurate and true information in all respects to the service provider. For the benefit of providing effective and thorough services, in some cases the service providers may request additional documents to verify information, and the service user must agree to comply with the request.
7. The service provider is not allowed to import and or export any data and or any documents or enter the website in a manner that may cause damage to the device, hardware or software which is an illegal act and breaks the law.
8. The service user must not attempt or take any action that jeopardizes the security of a computer system or network including any wrongdoing or illegal act as stated by law.
9. If the service user assigns a third party, who is not involved in the administration of your account, the service provider will assume that the practice of such third parties is the practice of the service user. If the conduct of the identified person causes damage or loss the service provider is not responsible for anything or liable in any way.
10. The service provider does not allow the service user to assign rights and duties under the agreement, terms of service and privacy policy to other persons and/or jurisdiction of any person, is strictly prohibited.
11. The personal Information of the service user will not be disclosed and is considered confidential or personal information to any third party or any other organization for any purpose with the exceptions listed below:
11.1 The service provider obtains legal consent from the service user.
11.2 The contract is ordered by warrant of the court, etc.
11.3 The user is subject to the privacy policy.
12. The service provider has copyright and intellectual property rights of the displayed information, images and display formats as shown on all websites unless explicitly stated otherwise. No one is allowed to copy, reproduce, have backup copy, make a copy, duplicate, modify, add or distribute for any other purpose without the written consent of the service provider unless otherwise specified in the agreement of the terms of service and privacy policy.
13. The service provider has the right to use any information, personal or public, that the service user has provided to the service providers through H4H to use for research, analysis, discrimination and or any other as you see fit without prior notice but must be information that the user agrees to the use according to the agreement within the stated terms of service and privacy policy.
14. The service provider will compensate the service user in the following cases:
Disclaimer:
The health check-up services are under the brand “H4H” and categorized under In Vitro Diagnostic (IVD) medical services which covers only the diagnosis and provides only preliminary medical advice without making any diagnosis or medical treatment. If the user is chronically ill not ignore the introductory advice. The service user should seek further advice directly from their doctor or health care provider. On the contrary, if the service user has no symptoms but has doubts or other symptoms they are required to go immediately to an appropriate medical professional for advice. The service users should also seek direct advice from their doctor or health care provider.
The service users will have rights stipulated under consumer protection laws. However, the company has a disclaimer that does not cover such laws which are as follows: The company is not responsible for any indirect damage in any cases. This includes losing reputation loss of profit or any loss related to third parties due to a product or service even if the company knew or should have known about the possibility of such damage under the first paragraph titled “LIMITATION OF LIABILITY.” Please Note: ALL LIABILITY RELATED TO PRODUCTS OR SERVICES, whether in the contract or in breach of the contract, or otherwise there is a problem with the device in the blood sampling kit or the blood sample is insufficient or unable to be lab tested. The company will limit the liability to 100% of the amount paid by the user for the product or service.
15. The service provider can suspend the use of the service to any service user as deemed appropriate even in the event the service user does not violate the agreement, terms of service and any part of the privacy policy. The service provider will only refund the actual service that has not been used. However, this shall be in accordance with the conditions of the service fee specified by the service provider. Furthermore, the user shall not claim any other damages in addition to the service fee that the service user has already paid to the service provider.
16. The service provider can suspend the service to the subscriber in the event that the subscriber has not logged in for more than 24 months, which the service provider reserves the right to suspend the service without prior notice.
17. The service provider may temporarily suspend the service for any reason deemed necessary and in the event of a suspension of service for outstanding fees reserves the right not to refund the service for the period of suspension. The service user understands that the service provider has no liability for suspending such service in any way. This includes any unforeseen damages that may cause defects in the equipment, software or anything else that affects the use of the functionality of the service and the provision of the overall services.
18. The service provider clarifies the obligations of the service user below and stipulates the following:
18.1 The service provider is not liable for any damages that arise from the use of the service or caused by a defect or action of the service user. In fact, the service user is required to pay for damages that the service provider limits the liability for actual damages incurred, whether directly or indirectly, up to a maximum of 2,000 baht or as the service provider deems appropriate.
18.2 If any action leads to damage by the service user, intentional or unintentional, whether directly or indirectly, which causes damage to the service provider’s reputation; the service provider has the right to claim for damages or can file a lawsuit against the perpetrator or user.
18.3 Any terms, agreement, contract or statement in these terms of service shall be rendered void in accordance ONLY with Thai law. Any part which is not void shall still be valid under Thai law.
18.4 In the event that any message is in conflict with the Thai version and other translations the original Thai version takes precedence over the other translated versions.
18.5 Any action that affects the service provider and the service user is strictly under the control and auspices of Thai law. Regardless of the location of the system, data and use, including rules or provisions governing choice of law or conflict of law and the courts the Kingdom of Thailand takes precedence having jurisdiction to arbitrate disputes arising under the terms and conditions of service and privacy policy.
19. The service provider can change the terms and conditions of service, terms of the privacy policy and any name of the same meaning at any time. They can change the server provide and terms of service without prior notice without any liability to the contract parties and any third parties.
20. The user must understand and accept the terms and conditions of the service providers that have been changed if the user subsequently accesses the service after the change.
21. For additional questions or clarification on any point stated here please don’t hesitate to contact through email to the service provider. They will reply to all emails expeditiously.