The following are the Terms and Conditions (the “Terms of Use”) which govern your access and use of our online platform (the “Platform”). The Platform may be provided or be accessible via multiple websites or applications owned and/or operated by us or by third parties, including, without limitation, the website www.pistil.io and its related apps (including https://pistil.io/).
By accessing or using the Platform, you are agreeing to these Terms of Use. You should read the Terms of Use carefully before starting to use the Platform. If you do not agree to be bound by any clause in these Terms of Use, you must not access the Platform.
When the terms “we”, “us”, “our” or similar are used in these Terms of Use, they refer to Pistil Sdn Bhd (the “Company”).
The Platform may be used by you to connect you with a 'Doctor' (ie. Gynaecologist, Surgeon), who will provide consultation services to you through the Platform (“Services”).
The Doctors are independent providers who are not our employees, agents or representatives. The Platform's role is limited to enabling the Services, while the provision of the Services themselves are the responsibility of the Doctors who provide them. If you feel the Services provided by the Doctors do not fit your needs or expectations, you may change to a different doctor who provides services through the Platform.
While we hope the Services are beneficial to you, you understand, agree and acknowledge that services in an online environment may not be appropriate to meet everyone's needs; may not be appropriate for every situation; and/or may not be a complete substitute for in-person services.
In accessing our Services, you agree to provide your phone number as well as the phone number for an emergency contact person.
You agree, accept and acknowledge that subject to the below, it is your responsibility to determine whether or not the Services will be appropriate for your specific circumstances.
YOU ACKNOWLEDGE AND ACCEPT THAT THE PLATFORM IS NOT DESIGNED FOR OR APPROPRIATE FOR CIRCUMSTANCES WHERE YOU ARE CONSIDERING SELF-HARM OR HARMING ANOTHER PERSON, OR YOUR SAFETY OR THE SAFETY OF ANOTHER PERSON IS OTHERWISE AT RISK, OR IF YOU HAVE A MEDICAL EMERGENCY. YOU MAY REFER TO THE CRISIS RESOURCES PROVIDED IN THE PLATFORM, AND USE YOUR OWN JUDGEMENT IN SUCH CIRCUMSTANCES. YOU UNDERSTAND THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE DOCTORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
The Platform is also not intended for case management and crisis management, and the client agrees that the Doctors will not be undertaking such activities as part of provision of Services.
If a doctor you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your doctor is no longer on the Platform and that you have the opportunity to match with a new doctor.
The fees to be paid for the Services are as advertised on www.pistil.io.
Fees must be paid in advance to access the Services.
We will fully refund payments for a session where the doctor has been available for less than 50 minutes during a session, for example, because of internet disruption on the part of the doctor, or late arrival or early departure of the doctor. You agree that it is your responsibility to claim and prove that a refund is owed to you.
You agree that if you are late for your session by more than 20 minutes, this will be considered to be a non-refundable, no-show cancellation on your part.
We do not accept rescheduling requests or cancellations within 24 hours of the scheduled time. Any payments made towards such appointments will be non-refundable.
For rescheduling an appointment within 24 hours of scheduled time, your request is sent to the doctor directly via the Platform. It is ultimately your doctor's decision whether to accept or decline the request, depending on whether they can accommodate a late change to their schedule.
You may be liable for a small fee (as stated on the pricing page) if you reschedule or cancel your in-person session within 48 hours of the scheduled appointment time.
If you have requested to reschedule an in-person session within 24 hours of the scheduled appointment time and the request is accepted, a 25% charge for the use of office space will apply to cover Pistil's costs These include pre-payment for rental of office space, as well as online transaction and administrative costs.
If your reschedule request sent within 24 hours of the original appointment, and this is declined, your session will go ahead as arranged. No refund will be provided if you are unable to attend.
You agree that you will not, nor attempt to, make private arrangements with our Doctors to provide any service competitive with any service then offered by the Company on the Platform without the prior express consent of the Company.
You agree that the Company has the right to delete your account and/or refuse to provide any further Services (whether paid for in advance or not) in the event you breach this provision.
Protecting and safeguarding any information you provide through the Platform is important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.pistil.io/privacy-policy/ (The ‘Privacy Policy’).
BY AGREEING TO THESE TERMS OF USE AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THESE TERMS OF USE.
You agree that you will not carry out any video- or audio-recording during the session, without the prior express consent of your doctor.
You agree, acknowledge and accept that all input given, statements made and suggestions provided by Doctors during the sessions are only for your consideration.
The client agrees that the client is solely responsible for any decisions that the client makes (including acting upon them) as a result of their discussions with a doctor during a session.
To ensure that the counselling services provided are of high quality, the client consents to video, audio and text recording of the session for the sole purpose of the doctor's clinical supervision. The client agrees that if the client prefers that a session not be recorded for any reason, the client will give prior notice of this to the doctor.
Subject to the above in this clause, Doctors will not disclose any information that may identify the client without the client's prior express consent, except when required by law.
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY doctor AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OWED BY US, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, DOES NOT EXCEED THE FEE FOR THE SESSION, AND WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
For avoidance of any doubt, this clause shall survive the termination or expiration of these Terms of Use.
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
Minor Consent: Where consent from a parent or guardian is required to receive Services from Doctors, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to doctor Services for the minor seeking medical consulting and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to doctor Services remains valid until the minor permanently discontinues seeking medical consulting on the Platform.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of these Terms of Use you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.
You agree and confirm that your use of the Platform, including the Services, are for your own personal use only and that you are not using the Platform or the Services for or behalf of any other person or organisation.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Doctors and us.
If you receive any file from us or from a doctor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us (including our shareholders, directors, officer and employees) and the Doctors harmless from and against any and all claims, damages, losses, causes of action, demands, costs, liabilities or expenses (including, but not limited to, legal fees and disbursements on a full indemnity basis) arising out of or relating to any of the following: (a) your access or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your breach of any of the provisions of these Terms of Use; (d) non-payment for any of the services (including Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of these Terms of Use.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Methods”) which you are duly and fully authorised to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your Account according to the fees schedule, the terms and the rates as published on the Platform. By providing us with your Payment Methods you authorise us to bill and charge you through that Payment Methods and you agree to maintain valid Payment Methods information in your Account information.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to [email protected]. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new doctor, and issuing partial or full refunds if applicable.
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility, you understand and agree that no platform can be reliable and accessible at all times and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
We may provide notices or other communications to you regarding these Terms of Use or any aspect of the Platform, by either email to the email address that we have on record, SMS to the handphone number you have provided to us, or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [email protected].
These Terms of Use and our relationship with you shall both be interpreted solely in accordance with the laws of Malaysia.
THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THESE TERMS OF USE.
We may change these Terms of Use by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of these Terms of Use frequently. The last update date of these Terms of Use is posted at the bottom of the Terms of Use . By using the Platform after the changes become effective, you agree to be bound by such changes to the Terms of Use. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign these Terms of Use or any of its obligations hereunder.
The paragraph headings in these Terms of Use are solely for the sake of convenience and will not be applied in the interpretation of these Terms of Use.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms of Use will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms of Use.
Pistil Sdn Bhd (Reg. No: 1530310-W)
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