Definitions

BKS BKS Consultancy and Trading Pte Ltd. A company incorporated in Singapore and registered under the registration number “201729641C”
The Expert The healthcare provider providing the remote second opinion consultation services.
The User The patient, who will register to and use the The Platform to obtain the online consultation from The Experts
The Platform The platform developed by BKS and used by the Experts to provide the second opinion online consultation to The Users. This covers but not limited to the website www.consulto2.com, the Android and the iOS applications.
“We”, “our” and “us” Refers to BKS
“You” Refers to The Expert
Services The services provided by The Expert to The Users through The Platform.

BKS Consultancy and Trading Pte. Limited an exempt Private Company limited by shares with registration no. 201729641C having its Registered Office at 81 UBI Avenue 4, #10-08, UB- One, Singapore – 408830 (hereinafter referred to as the “Company”) operating under the brand "BKS" (“BKS”) the website www.consulto2.com (hereinafter referred as “The Platform”).

The Company is facilitator between The Experts and The Users by providing IT Infrastructure between them. Users of The Platform are patients, their representatives or affiliates seeking medical advice and assistance of medical consultants through The Platform.

These terms and conditions (“Terms”) govern terms of use of The Platform and describes the manner in which we shall treat your account while You are registered as member on The Platform. These Terms constitute legal relationship between You and BKS. We urge You to read and refer these Terms before You decide to access BKS Website or avail services made available on The Platform. If You have any questions about any part of the Terms, feel free to contact us at admin@consulto2.com.

These Terms supersede all previous oral and written terms and conditions (if any) communicated to You relating to your use of The Platform to avail services. By availing any of service on The Platform, you signify your acceptance to these Terms. The Company reserves right to modify or terminate any portion of these Terms for any reason at any time, You should read these Terms at regular intervals. You acknowledge that you will be bound by these Terms for availing any of the Services offered by the Company. If you do not agree with any part of these Terms, please do not use The Platform or avail any Services.

The Platform

The Platform from BKS provides Patients, with an electronic platform (involving mobile and web applications and hereafter collectively referred to as “The Platform”) that enables Patients to securely obtain online second opinion consultations. The Platform is intended only as tools, which help The Experts and The Patients to collaborate using communication, scheduling, administrative and data managing capabilities.

SERVICES:

The objective of The Platform is to provide second opinion by evaluating the diagnosis and the treatment provided by Your treating doctor, then suggest additional investigations, alternative diagnosis possibilities or other treatment options, if necessary. Depending on the medical case evaluation, The Expert shall advise You with any of the following options:

TERMS OF USE OF THE PLATFORM:

You are expected to be minimum of 18 years of age or older to register on The Platform, use the Services, or visit or use the The Platform in any manner. By registering, visiting and using the The Platform or accepting these Terms, You represent and warrant that you are 18 years of age or older, and that you have the right, authority and capacity to use The Platform and the Services available through The Platform, and agree to and abide by these Terms.

DATA PRIVACY

During the course of rendering services on The Platform BKS may collect information relating to devices through which You access the The Platform and anonymous data of Users usage. The Platform allows BKS to have access to registered Users’ personal email or phone number, for communication purpose so as to provide You with a better way of accessing the services provided on The Platform. The Company shall treat your personal information obtained on The Platform strictly confidential.

BKS shall not be responsible in any manner for validity of personal information or sensitive personal data or information supplied by You to BKS on The Platform or to any other person acting on behalf of BKS.

The Users are responsible for maintaining the confidentiality of the User’s account access information and password, if You are registered on the The Platform. You shall immediately notify BKS of any actual or suspected unauthorized use of the User’s account or password.

BKS can use the patient data to generate aggregated statistics and insights about the general interaction of patients and doctors with the second opinion support services.

INCORRECT INFORMATION

If You provide any information that is untrue, inaccurate, misleading, not current or incomplete, BKS has the right to discontinue Services to You

LISTING OF THE EXPERT ON PLATFORM

BKS’s algorithm for listing The Experts is a fully automated system that lists The Experts, their profile and information regarding their practice on The Platform.

These listings do not represent any fixed objective ranking or endorsement by BKS. BKS in no event will be held responsible for the accuracy and the relevancy of the listing order of The Experts on The Platform.

WARRANTIES AND REPRESENTATIONS

The Services provided by The Experts are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).

BKS is offering IT infrastructure to facilitate communication between The Expert and You.

The Experts shall provide their advice or suggestions to the best of their knowledge based on information provided by You. If You have not provided complete and accurate information, then The Experts are not liable for any misinterpretation.

The Experts shall offer their advices. The proposed advice is under Your control and is provided by The Expert.

You exercise Your discretion in deciding what actions to take based on advices received from The Expert.

Neither BKS nor The Experts have any liabilities for any consequences whatsoever that happen during operation or subsequent treatments performed by any medical professional You chose to continue Your treatment with.

BKS has no liabilities for any errors that happen during operation or subsequent treatments performed by The Expert.

The Platform may be linked to the website of third parties, affiliates and business partners. BKS has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through BKS Website.

APPOINTMENT BOOKING AND CONSULTATION

BKS shall ensure that The Users of The Platform are provided with confirmed appointment. However, BKS has no liability, if such an appointment is later cancelled by the The Expert or the same Expert is not available for appointment.

BKS does not promote or endorse any Experts on its website, it is complete discretion of the Users to select The Expert of their choice. If the User decides to engage with any particular Expert to seek medical opinion, the User shall be doing so at his/her own risk.

BKS relationship with Expert is on a Principal to Principal basis. The Expert is an independent consultant and not an agent and/or employee of BKS. The Expert agrees that he shall not represent that he is an agent of BKS nor hold himself out as such. The Expert shall not enter into any agreement or arrangement which will bind BKS legally or otherwise and BKS shall not be liable for any medical error on part of The Expert.

Without prejudice to the generality of the above, BKS is not involved in providing any healthcare or medical advice or diagnosis and hence it is not responsible for any interactions between User and the The Expert.

CANCELLATION AND REFUND POLICY

In the event that The Expert with whom The User of The Platform has booked an appointment via The Platform, has not been able to meet The User, The User will need to write to BKS at admin@consulto2.com within three (3) days from occurrence of such event; in which case, the entire consultation amount as mentioned on The Platform will be refunded to the User within next fifteen (15) business days in the original mode of payment done by the User while booking.

In case where the User, does not show up for the appointment booked with a The Expert, without cancelling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.

Users will not be entitled for any refunds in cases where, The Expert is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether The User is required to wait or choose to not obtain the medical services from the said Expert.

PATIENT RELATIONSHIP

By use of The Platform and seeking advice from The Expert You shall not create any doctor-patient relationship with BKS. Some of the content, text, data, graphics, images and information that is made available on The Platform is provided by medical professional. However, such Information does not create a licensed medical professional/patient relationship, between BKS and Users of The Platform.

It is hereby expressly clarified that, the Information that you obtain or receive from BKS and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on The Platform are for informational purposes only.

BKS does not make any guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on The Platform. In no event shall BKS be liable to You or anyone else for any decision made or action taken by You in reliance on such information.

INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS

The Platform, applications and website, all content and information, visual designs and branding created by and for BKS, and all intellectual property rights embodied therein, are the property of BKS and are protected by trademarks, copyrights, patents, proprietary rights and IP laws.

BKS, and The Platform are the trademarks of BKS. BKS does not grant and rights to copy, use, modify, reproduce, adapt, distribute or create derived works of any part of its The Platform, apps, content, website and design. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorisation of BKS.

Attempting to use or access the The Platform, apps, services and website for any purposes other than intended as per these Terms of Use is prohibited. BKS reserves the right at any time in its sole discretion to block and terminate users violating these terms, in addition to taking legal action where necessary.

The Users of The Platform shall ensure that they shall not post anything that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner.

BKS reserves the right to remove any content which it may determine at its own discretion is violative of these Terms or any law or statute in force at the time.

The User of The Platform shall ensure that the User of The Platform is not threatening the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order.

The Expert shall ensure that the User of The Platform shall not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation

The User of The Platform shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

PRIVACY POLICY

By using this Platform, You agree that any information shared by you with BKS or with any Expert will be subject to BKS’s Privacy Policy

You are solely responsible for the content that You choose to submit on The Platform including but not limited to any feedback, ratings, or reviews relating to The Expert or other healthcare professionals.

The role of BKS in publishing contents on The Platform is restricted to that of a ‘facilitator’ under relevant applicable laws.

BKS disclaims all responsibility with respect to the content on The Platform, and its role with respect to such content is restricted to its obligations as an ‘intermediary’.

RIGHTS RESERVED

BKS reserves the rights to display sponsored ads, if any on The Platform.

Limited Warranty

To the extent allowed by applicable law, implied warranties on the Software, BKS software and services are provided without any warranty of any kind, and BKS hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. BKS makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY CHANGES WHICH BKS MAY MAKE TO THE SERVICES (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE LIMITATIONS ON BKS’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT BKS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BKS, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN SERVICES PROVIDED BY THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT HAS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMS OF SERVICE AND YOUR TERMINATION OF YOUR ACCOUNT.

Termination

These Terms of Use take effect from the time you start using BKS The Platform in any capacity, until it is terminated by You and/or BKS as provided below.
BKS terminates Your access to the The Platform due to breach of these Terms of Use by You and/or any person associated with You. Such termination may be with immediate effect.
BKS reserves the right to modify and/or discontinue its services at any time, for any reason including but not limited to violation of this agreement. In cases where the cause is not due to violation of this agreement (Terms of Use), at least thirty (30) days prior notice will be provided.
On termination of Your account, You will no longer be able to use your account on The Platform or any Platform Services. Any obligations You may have prior to effective date of termination must be met. Any termination does not relieve You of the obligation to pay any fees payable to BKS for the period prior to the effective date of termination.

Jurisdiction and Governing Law

These terms shall be governed by and construed in accordance with the laws of The Republic of Singapore without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Singapore. These Terms of Use and associated policies shall be admissible in all legal proceedings. Use of The Platform and its services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.

Release for Force Majeure

BKS and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which BKS or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.

General Provisions

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof. You may not assign or sub-license any of the rights and obligations under this Agreement without prior written consent of BKS. Any notices in this regard need to be delivered in written format and acknowledged as received. BKS may subcontract its responsibilities under this Agreement, without your consent to a third party considered by BKS in good faith to be of equal standing and integrity provided that material provisions of this Agreement shall be reflected in any agreement entered into between BKS and such third party. No partnership, joint venture, agency or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. If, for any reason any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions

Contact Us

If you have any questions or concerns about this document, please email us at admin@consulto2.com.