Welcome to DigitalRX.io! By accessing or using our platform, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using DigitalRX.io.

1. Introduction

DigitalRX.io, owned and operated by Zibew E-Commerce PTE LTD (hereafter referred to as "DigitalRX.io" or "we"), develops and operates an online healthcare platform for healthcare service providers to manage their services and engage with their patients, hereafter referred to as the 'DigitalRX.io Services.' These Terms are between DigitalRX.io and its Customers, hereafter referred to as "you" or collectively as "Customers."

2. DigitalRX.io Services

DigitalRX.io provides a comprehensive online healthcare platform, including a Virtual Practice (involving associated mobile and web applications and hereafter collectively referred to as the 'Virtual Practice'), enabling healthcare service providers to be securely accessible to their patients, allowing online consultations and remote patient monitoring. The Virtual Practice applications are intended to assist healthcare providers and their patients in collaborating on patient care, utilizing communication, scheduling, administrative, and data managing capabilities.

3. Customers

3.1 Definition: "Customers" refers to healthcare service providers, clinics, hospitals, and individual doctors who utilize DigitalRX.io services.

3.2 Registration: To access certain features of the Services, Customers may be required to register for an account.

4. Authorized Users

4.1 Definition: "Authorized Users" are individuals granted access to DigitalRX.io by the Customers, including healthcare professionals, administrative staff (Team Users), and patients or healthcare service clients (Patient Users).

4.2 Access Credentials: Customers are responsible for maintaining the confidentiality of access credentials for Authorized Users.

5. Registration and Setup

By registering and setting up a Virtual Practice on DigitalRX.io, you agree that:

• You are a licensed healthcare provider or an authorized representative of a licensed healthcare organization.
• You will use DigitalRX.io Services for the sole purpose of providing healthcare services to authorized Patient Users.
• You take complete responsibility for assigning authorized Team User accounts only to qualified healthcare professionals and support staff.
• The information provided during the registration process is accurate, current, and complete.

6. Customer Responsibilities

Customers are responsible for:

Ensuring all Authorized Users are aware of and bound by these Terms of Service. Providing necessary training to Authorized Users for correct usage of the application. Compliance with all applicable laws and regulations.

7. Customer Data

Authorized Users may submit information and content to DigitalRX.io, including PHI (patient health information), healthcare services-related data, communications, and usage data (collectively referred to as "Customer Data"). Customer Data is owned by the Customer, and the Customer alone may provide instructions on its use.

8. Access to Patient Data

Patient Users understand that healthcare providers in the Virtual Practice have access to view and update their healthcare data. As a healthcare provider, you authorize patient access to view and update their own health data, except for specific areas not made visible.

9. Authorized User Terms

Patient Users and Team Users of a Customer’s Virtual Practice cannot directly register as users with the DigitalRX.io platform but are created as authorized users of a Customer’s Virtual Practice. The Customer is directly registered with the DigitalRX.io platform and is bound by the Terms of Use, including these Authorized Terms of Use.

9.1 Registration and Access:

• Patient Users and Team Users cannot directly register as users with DigitalRX.io but are created as authorized users of a Customer’s Virtual Practice.
• The Customer, who is directly registered with DigitalRX.io, is bound by the Terms of Use, including these Authorized Terms of Use.

9.2 Responsibilities of Authorized Users:

• The Customer is responsible for ensuring that all Authorized Users in their Virtual Practice are aware of and bound by these Authorized Terms of Use.
• Authorized Users are aware that the Customer owning the Virtual Practice can remove and/or restrict their access to the system.
• The Customer has complete control over the settings and configuration of the Virtual Practice and bears responsibility for how it is used.
• Customers will inform Authorized Users of all relevant Customer terms and practices and any settings impacting the processing of Customer Data.

9.3 Engagement Governance:

• All engagement between Team Users and Patient Users is governed by the Patient Terms of that Virtual Practice.
• The Customer is responsible for ensuring that the processing of patient Data is done as per necessary regulations and laws.

9.4 Access Control and Information Privileges:

• The Customer is solely responsible for deciding which Team User accounts can be added to their Virtual Practice based on eligibility criteria defined by the Customer.
• All Authorized Users must be of legal age and possess the necessary qualifications for their roles.

9.5 Access Denial and Revocation:

• DigitalRX.io reserves the right to deny or revoke access to a registered Virtual Practice or any part of its platform if there is a perceived violation of any terms of use.

9.6 Limitation of DigitalRX.io's Liability:

• DigitalRX.io does not provide healthcare services for Patient Users and is not liable for healthcare services provided by Customers through their Virtual Practice.

10. Acceptable Usage Policy

This Acceptable Usage Policy outlines acceptable and unacceptable conduct for users of Zibew’s DigitalRX.io Platform Services in the Virtual Practices of our Customers.

10.1 Access Credentials:

• Your username and password are unique to you, and you agree not to disclose or share them with any third party.
• You are responsible for keeping your password confidential and notifying us immediately if it has been compromised.

10.2 Responsibility for Account Activities:

• You are solely responsible for activities conducted on or through DigitalRX.io with your account, regardless of whether you are the individual who undertakes such activities.
• You release and hold harmless DigitalRX.io from any claims arising from unauthorized use of your account.

10.3 Use of DigitalRX.io Platform Services:

• Your use and access to the DigitalRX.io platform, its apps, and services are at your own risk and compliance with local laws.
• Zibew does not claim full compliance for use in all countries and territories.

10.4 Feedback and Features:

• Feedback provided to DigitalRX.io should not include any proprietary information.
• DigitalRX.io is not obligated to use or act on provided feedback but may do so with a royalty-free license.

10.5 Platform Changes:

• DigitalRX.io may change the form and nature of its services without prior notice.
• Users acknowledge and agree to such changes in the best interests of users.

10.6 Prohibited Activities:

• Users shall not attempt to circumvent security measures or gain unauthorized access.
• Uploading data containing viruses or disruptive code is strictly prohibited.

10.7 User Responsibilities:

• Users may not use any automated tools to access the platform without written permission.
• Users are responsible for the information they post and agree to defend and indemnify DigitalRX.io.

10.8 Competitor Restrictions:

• Competitors shall not use DigitalRX.io services to study and copy features and services.
• DigitalRX.io reserves the right to block users from certain IP addresses to protect platform integrity.

10.9 Export of Customer Data:

• Users are solely responsible for exporting their Customer Data before the expiry or cancellation of their Virtual Practice account.

11. Virtual Practice Management:

In addition to the above general terms of acceptable use, the following responsibilities apply to all Customers and their Team Users.

11.1 Customer responsibilities:

• The Customer is responsible for all settings and configuration in the Virtual Practice.
• Complete responsibility for managing Customer Data and ensuring privacy and confidentiality.

11.2 Regulatory Compliance:

• Customers are responsible for compliance with healthcare and data regulation rules applicable in their country of business.
• You will not publish or distribute patient healthcare information without informed consent.

11.3 Dispute Resolution:

• Disputes between the Customer and Patient Users will be dealt with by the Customer directly.
• Zibew has no obligation or liability to monitor services within Virtual Practices.

11.4 Content Liability:

• Zibew takes no responsibility for healthcare information published by healthcare providers.
• Healthcare providers are liable for ensuring the correctness and safety of published content.

11.5 Mobile App Store Responsibility:

• Customers are solely responsible for the setup, payment, maintenance, and security of their app store accounts for custom mobile apps.
• Zibew bears no responsibility for app store policy changes.

11.6 Communication Notifications:

• Customers unconditionally agree to receive essential automated notifications relevant to system events.
• Patient Users are to be made aware of essential system notifications related to healthcare service events.

12. DigitalRX.io Subscriptions & Payments

This section outlines the terms related to subscriptions and payments for the DigitalRX.io Platform Services.

12.1 Subscription Plans:

• Usage of a Virtual Practice is based on a subscription to a relevant Subscription Plan, defining the scope and level of usage for the Customer and their Authorized Users.
• Add-on services are available for purchase and use.

12.2 Free Trial:

• A free trial is provided until the end of the trial period or termination at our discretion.
• The trial period is for the verification of product features.
• Failure to purchase a subscription within the trial expiry deactivates the Virtual Practice account.

12.3 Free Platform Services:

• Certain services are currently free but may be subject to charges based on actual usage, at any point decided by Zibew.

12.4 Subscription Management:

• Subscriptions and payments are managed online through the Virtual Practice Subscription interface.
• Customers can subscribe on a monthly or annual plan.

12.5 Automatic Renewal:

• All subscriptions automatically renew, and the pricing is based on the number of active Team User accounts.
• Failure to pay fees on time will result in account deactivation.

12.6 Plan and Pricing Changes:

• Zibew reserves the right to change plans and pricing, with notification to existing subscribers.
• Upgrading/downgrading is allowed; upgrading incurs incremental costs.

12.7 Billing Information:

• Billing account information must be current and accurate.
• All charges for a billing cycle are non-refundable, irrespective of account status.

12.8 Deactivation and Account Deletion:

• Deactivated accounts can be reactivated by making necessary subscription payments.
• Deactivated or canceled accounts are maintained for 30 days before permanent deletion.
• Customer Data can be exported or downloaded within this 30-day period.

12.9 Taxes:

• Zibew’s fees do not include Taxes; Customers are responsible for associated Taxes.

13. DigitalRX.io Privacy Policy

This Privacy Policy applies to all users of Zibew's DigitalRX.io Platform Services.

13.1 Information Collection:

• Zibew collects and manages user data in accordance with its Privacy Policy.

13.2 Applicability:

• All users are bound by the Privacy Policy.

13.3 Custom App Updates & Maintenance:

• Deployment of test and production updates to Google Play and Apple iTunes App Stores will occur periodically.
• Certain updates may be mandatory for end users to ensure continued use.

13.4 App Store Access:

• Ensuring continued access to Customer’s App Store accounts for updates is the responsibility of the Customer.

13.5 Terms and Privacy Policy:

• The Customer is responsible for maintaining and updating Terms and Privacy Policy applicable to their mobile applications.

13.6 Marketing Content:

• Maintenance and updates of marketing content are the Customer's responsibility.
• Responding to user reviews is also the Customer's responsibility.

13.7 Service Unavailability:

• Zibew is not responsible for the unavailability or downtime of Apple iTunes and/or Google Play services.

13.8 Verification Process:

• Zibew is not responsible for the App Store verification process duration and outcomes on these platforms.

14. DigitalRX.io Infrastructure Maintenance & Monitoring

At DigitalRX.io, we prioritize the seamless operation and security of your Virtual Practice. Our maintenance and monitoring services encompass the following:

14.1 Deployment of Updates:

• Production web and server application updates are deployed after comprehensive planning and testing.
• Major updates causing downtime are scheduled and notified 48 hours in advance.

14.2 Data Backup:

• Customer Data is backed up in multiple physical locations with Highly Redundant storage.
• A well-maintained Disaster Recovery plan is in place for unexpected circumstances.

14.3 Monitoring Services:

• Core components, application parameters, and logs are monitored.
• Alerts are raised for errors beyond set thresholds.
• The goal is to ensure high availability, with a rapid response to emergency situations.

14.4 Periods of Unavailability:

• Emergency response time does not exceed two hours.
• Scheduled maintenance downtimes, slowness, and certain performance issues do not qualify as periods of unavailability.

14.5 Third Party Services:

• Zibew is not responsible for issues related to third-party services, external applications, network issues, or intentional malicious attacks.
• Availability issues caused by third-party services' non-compliance or late payments are the Customer's responsibility.

15. DigitalRX.io Third Party Services

To enhance functionality, DigitalRX.io may integrate with third-party services. Here are the key considerations:

15.1 Custom Mobile Applications:

• Zibew's responsibility is limited to the development, maintenance, and submission of custom mobile applications to app store accounts.
• Customers are solely responsible for app store accounts, including setup, payment, and security.

15.2 Third-Party Service Payments:

• Zibew is not responsible for the policies, pricing, and payments of third-party services integrated with a Customer’s installation.
• Customers must make timely payments to such services; non-compliance may affect Virtual Practice functionality.

15.3 External Websites:

• Links in DigitalRX.io's services to external websites are provided for convenience only.
• Zibew is not responsible for the content or accuracy of external sites.

16. DigitalRX.io DigitalRX.io Updates

DigitalRX.io may modify these Terms of Use. Here are the key details:

16.1 Notification of Changes:

• Material changes will be announced on the website, through applications, or by email.
• Users are expected to check these Terms of Use periodically.

16.2 Acceptance of Changes:

• Continued use of DigitalRX.io Platform Services after any change acknowledges acceptance of the changes.

16.3 Amendments:

• The Terms of Use applicable to a user may not be amended unless otherwise stated.

17. DigitalRX.io Intellectual Property, Copyright, and Trademarks

At DigitalRX.io, we respect intellectual property rights. Here are the key considerations:

17.1 Ownership:

• Zibew owns DigitalRX.io platform services, applications, website, and all associated intellectual property rights.

17.2 Trademarks:

• "Zibew" and "DigitalRX.io" are trademarks of Zibew.
• No rights are granted to copy, use, modify, or reproduce any part of the platform without express prior written authorization.

17.3 Prohibited Activities:

• Unauthorized use or access for purposes other than intended is prohibited.
• Zibew reserves the right to block and terminate users violating terms and may take legal action.

18. DigitalRX.io Limited Warranty

DigitalRX.io strives to provide reliable services, but there are limitations to our warranty.

18.1 Implied Warranties:

• Implied warranties on the Software and DigitalRX.io services are disclaimed, including merchantability, fitness for a particular purpose, and quality.

18.2 Disclaimer of Warranty:

• The above warranty is exclusive and replaces all other warranties, whether express or implied.
• DigitalRX.io disclaims warranties related to merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights.

19. DigitalRX.io Limitation of Liability

By using DigitalRX.io, you agree to the following limitations of liability:

19.1 Exclusion of Damages:

• DigitalRX.io and its entities are not liable for direct, indirect, incidental, special, or consequential damages.
• This includes damages for loss of profits, goodwill, use, data, or other intangible losses.

19.2 Causes of Damages:

• Damages may result from the use or inability to use the service, unauthorized access or alteration of transmissions or data, third-party conduct, changes made by DigitalRX.io, failure to secure account details, and other matters related to the service.

19.3 General Limitations:

• The limitations on DigitalRX.io’s liability apply regardless of awareness of the possibility of such losses.

20. DigitalRX.io Indemnification and Release

In using DigitalRX.io, you agree to indemnify and release us from certain liabilities:

20.1 Defense and Indemnification:

• You agree to defend, indemnify, and hold harmless DigitalRX.io and its entities from claims, damages, obligations, losses, liabilities, costs, or expenses arising from your use of the services.

20.2 Survival of Obligations:

• This defense and indemnification obligation will survive the terms of service and termination of your account.

21. DigitalRX.io Termination

Termination of your relationship with DigitalRX.io is governed by the following terms:

21.1 Termination Conditions:

• These Terms of Use are effective from your start of using DigitalRX.io until terminated by you or DigitalRX.io.
• Termination conditions include the expiration of subscriptions, breach of Terms of Use, and modifications or discontinuation of services by DigitalRX.io.

21.2 Notice of Termination:

• At least thirty (30) days' notice will be provided for terminations not due to a violation of these Terms of Use.

21.3 Effects of Termination:

• Upon termination, you and Authorized Users lose access to the Virtual Practice and Platform Services.
• Any prior obligations must be met, and termination does not relieve you of paying fees for the period preceding termination.

21.4 Refunds and Data:

• No refund of subscription payments is provided for the period between termination and the expiry of the current subscription.
• DigitalRX.io may pursue actions to remedy breaches of these Terms of Use.
• After termination, you may export Customer Data during the active term; however, there is no obligation to maintain or provide data after termination.

22. DigitalRX.io Assignment

22.1 Assignment and Delegation:

• Neither party may assign or delegate any rights or obligations under these terms without the prior written consent of the other party, except for assignments to corporate affiliates or in connection with a merger, acquisition, reorganization, or sale of assets. Customer will maintain current billing and contact information. Any assignment in violation is void. The non-assigning party may terminate the Contract upon written notice for a breach of this section.

22.2 Successors and Binding Agreement:

• This Agreement is binding on successors, representatives, and permitted assigns of the parties.

23. DigitalRX.io Jurisdiction and Governing Law

Governing Law:

• These terms are governed by and construed in accordance with the laws of Singapore. Disputes arising shall be subject to the exclusive jurisdiction of the courts at Singapore. These terms and associated policies are admissible in all legal proceedings. Use of DigitalRX.io services is not authorized in jurisdictions that do not give effect to all provisions of these terms.

24. DigitalRX.io Release for Force Majeure

Release for Uncontrollable Events:

• Zibew and its entities are absolved from any claim of damages resulting from events beyond their control. This includes, but is not limited to, electronic or mechanical failures, communication problems, computer viruses, unauthorized access, natural disasters, strikes, wars, or governmental restrictions.

25. DigitalRX.io General Provisions

25.1 Entire Agreement:

• This Agreement constitutes the entire understanding between the parties, superseding all prior written and oral agreements.

25.2 Assignment Restrictions:

• Assignment or sub-licensing of rights and obligations requires prior written consent. Notices must be delivered in written format and acknowledged.

25.3 Subcontracting:

• Zibew may subcontract responsibilities to a third party of equal standing and integrity, without your consent, provided material provisions are reflected in the agreement with the third party.

25.4 No Partnership or Agency:

• No partnership, joint venture, agency, or employment relationship is created. Neither party has authority to bind the other.

25.5 Invalidity Clause:

• If any provision is held invalid or unenforceable, it does not affect the remainder of this Agreement, which continues in full force and effect.

25.6 Consent:

• Parties knowingly and expressly consent to the terms and conditions herein.