Welcome to the website www.arsipsehat.com and / or the ARSIP SEHAT mobile application. Please read this Terms and Conditions carefully. This Terms and Conditions govern the use and access of ARSIP SEHAT digital services both in the form of websites and applications. Access to, use of and/or browsing of ARSIP SEHAT is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing ARSIP SEHAT, You hereby agree to this Terms and Conditions.
THIS TERMS & CONDITIONS CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE APPLICATION PROVIDER’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING ARSIP SEHAT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT ARSIP SEHAT IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE ARSIP SEHAT. BY ENTERING ARSIP SEHAT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
SCOPE OF LICENSE
The license granted to You for this ARSIP SEHAT is a non-transferable license to use the ARSIP SEHAT on any iPhone, iPad, iPod or Android touch that You own or control and as permitted by the Usage Rules set forth in the Apple Store and Google Play Terms of Service.
MEDICAL ADVICE DISCLAIMER
PT Diacon Medica Teknologi (“Application Provider”) provides ARSIP SEHAT and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Application Provider does not provide any medical advice on ARSIP SEHAT, and the Information should not be so construed or used as medical advice. Using, accessing and/or browsing ARSIP SEHAT and/or providing personal or medical information to the Application Provider does not create a physician-patient relationship between You and the Application Provider. Nothing contained in ARSIP SEHAT is intended to; create a physician-patient relationship, replace the services of a licensed trained physician or health professional, or to be a substitute for medical advice of a physician or trained health professional. You should not rely on anything contained in ARSIP SEHAT, and You should consult a physician licensed in all matters relating to your health. You hereby agree that You shall not make any health or medical related decision based in whole or in part on anything contained in ARSIP SEHAT.
You hereby acknowledge that nothing contained in ARSIP SEHAT shall constitute professional advice of any nature and that no professional relationship of any kind is created between You and the Application Provider. You hereby agree that You shall not make any decision based in whole or in part on anything contained in ARSIP SEHAT.
The opinions expressed in the ARSIP SEHAT are not necessarily the opinions of the Application Provider and do not necessarily reflect the opinion of its affiliates, agents, creators or licensors.
Any opinions of the Application Provider on ARSIP SEHAT are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any medical decisions or treatment.
The Information in ARSIP SEHAT may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Application Provider undertakes no obligation to update any Information on ARSIP SEHAT; provided, however, that the Application Provider may update the Information at any time without notice in the Application Provider’s sole and absolute discretion. The Application Provider reserves the right to make alterations or deletions to the Information at any time without notice.
ARSIP SEHAT provides for the use of a password for You to protect your medical information. However, the Application Provider does not represent or warranty that the password cannot be broken and your personal information become available to third parties. The uploading, emailing, or otherwise making available any information contained in ARSIP SEHAT to a third party is the sole responsibility of You.
You are responsible for the content You enter into ARSIP SEHAT. You may not impersonate any other person through the use of ARSIP SEHAT. You may not use ARSIP SEHAT to distribute content, information or information that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not include content that infringes the intellectual property rights of any other person or entity. You may not include any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or including content on ARSIP SEHAT, You grant the Application Provider and any company substantially under the control of the Application Provider, the right to remove any content or comment that, in Application Provider’s sole judgment, does not comply with this terms and conditions or is otherwise objectionable. You also grant the Application Provider and any company substantially under the control of Application Provider the right to modify, adapt, and edit any content.
DISCLAIMER OF ALL WARRANTIES
The Information made available on ARSIP SEHAT is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Application Provider makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Application Provider makes no representations or warranties with respect to any Information offered or provided within or through ARSIP SEHAT regarding information or treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of ARSIP SEHAT, will the Application Provider be liable to You or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Application Provider shall have absolutely no liability in connection with ARSIP SEHAT for:
- damages as a result of failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
- any loss or injury caused, in whole or in part, by the Application Provider’s actions, omissions, or negligence, or for contingencies beyond the Application Provider’s control, in procuring, compiling, or delivering the Information;
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
- any decision made or action taken or not taken in reliance upon the Information.
You and the Application Provider acknowledge that the Application Provider is responsible for addressing any claims You or any third party may have relating to ARSIP SEHAT, or the your possession and/or use of ARSIP SEHAT, including but not limited to: (i) product liability claims; (ii) any claim that ARSIP SEHAT fails to conforms to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
ARSIP SEHAT is protected by Republic of Indonesia copyright laws. The Application Provider hereby reserves any and all intellectual property rights in ARSIP SEHAT. You and the Application Provider acknowledge that, in the event of any third party claim that ARSIP SEHAT or Your possession and use of the ARSIP SEHAT infringes that third party’s intellectual property rights, the Application Provider will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You agree to indemnify and hold the Application Provider harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by You on ARSIP SEHAT, (2) any violation of law that occurs by You through ARSIP SEHAT, and/or (3) anything You do using ARSIP SEHAT and/or the Information contained therein.
If any provision of this Terms and Conditions is held to be invalid or unenforceable in whole or in part in Republic of Indonesia jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Terms and Conditions and your use of ARSIP SEHAT, along with the information contained therein, shall be governed by and construed in accordance with the laws of the Republic of Indonesia without regard to conflict of laws principles, and You agree to submit to the jurisdiction of BANI Arbitration Center, Republic of Indonesia. You further agree that any claims or causes of action arising out of or related to this Terms and Conditions and ARSIP SEHAT, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
ENTIRE TERMS AND CONDITIONS
You hereby acknowledge that this Terms and Conditions represents the entire understanding between You and the Application Provider concerning your use of ARSIP SEHAT and the Information contained therein.
The Application Provider may, in the Application Provider’s sole and absolute discretion, modify the terms and conditions of this Terms and Conditions in whole or in party at any time for any reason without any notice to You, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published on ARSIP SEHAT.
The Application Provider’s failure to exercise or enforce any right or provision of this Terms and Conditions shall not be deemed to be a waiver of such right or provision.
ARSIP SEHAT AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE APPLICATION PROVIDER FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING ARSIP SEHAT, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE APPLICATION PROVIDER. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT ARSIP SEHAT SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN.