Terms and Conditions

General Terms and Conditions

  1. By accessing or using our Service, you agree to be bound by these Terms and to use our Service in accordance with the terms and conditions herein stipulated. These Terms, together with the privacy policy attached hereto, any short-form version of these Terms and any applicable Mobile Service Agreement, constitute the entire agreement between you and Grameenphone Ltd regarding our Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not agree to these Terms, you may not use the Service.
  2. If we need to change these Terms, we will post the revised Terms through our Service and update the “Last Revised” date to reflect the date of the changes either by SMS, email, by posting a notice on the website or by any other means of written communication. You are responsible for being aware of any changes made to these Terms. By continuing to use our Service after we post such changes, you agree to the Terms, as modified.

The Services That Grameenphone Ltd Provides

  1. Our Service is designed to enable mobile healthcare consultations and treatment for common medical conditions by facilitating the connection between the patient and a licensed healthcare provider (a “Provider”). The Provider is an independent contractor and is employed by an independent entity and not Grameenphone Ltd.
  2. We reserve the right to amend the Service from time to time and shall notify you of any changes in writing by email or other means of written communication such as by posting on our website.
  3. By subscribing to our Service you acknowledge and accept that we may contact you from time to time in relation to other “Tonic” services we may deliver.

Access Rights

  1. The agreement between you and Grameenphone Ltd shall commence on the date you accept these Terms and shall continue in effect for as long as your authorized use of the Service continues. The Service will commence once you have accepted these Terms.
  2. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable right to access our Service and use our Service solely for your personal and non-commercial use.
  3. You agree that all information you provide in relation to obtaining the Service is true, accurate, current and complete, and you agree to maintain and promptly update such information, as and when necessary, to keep it current. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate the Service. Our use of any information you provide to us hereunder is governed by the terms of our Privacy Policy, which is incorporated by this reference into these Terms.
  4. You agree that you will not attempt to: (a) interfere with or disrupt the functioning of the Service in any manner, including the functioning of any software, hardware, network or server connected to the Service; (b) distribute or transfer in any manner the Service or any part of the Service to any third party; (c) copy or modify the Service or any part of the Service for any purpose whatsoever; (d) reverse-engineer or create derivative works based on any part of the Service for any purpose, commercial or otherwise; or (e) use the Service in any manner that is inconsistent with these Terms. We further reserve the right, in our sole discretion, to deny and/or withdraw use of the Service to anyone for any reason whatsoever.

Obligation of Grameenphone Ltd

Grameenphone Ltd will use commercially reasonable efforts to provide you with technical support and updates for the Service in accordance with its regular business practice and will provide the Service in a professional manner.

Acceptable Use

Use of our Service requires that you comply with acceptable use requirements as determined by Grameenphone Ltd. As part of your responsibilities, you agree that you will not: (a) use the Service in any unlawful manner; (b) use the Service in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including your Provider); (c) interfere with or inhibit any other user from using or enjoying the Service; (d) use the Service as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) collect or use any data or Service content that violates any third-party right; (f) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself; (g) breach or otherwise circumvent any security measures incorporated into the Service; or (h) use the Service in any manner that is considered unacceptable by Grameenphone Ltd.

Privacy

Any personal information obtained by Grameenphone Ltd as part of providing the Service to you and any use of the same will be treated in accordance with our Privacy Policy.

Ownership

We are the owner or licensor of all right, title and interest in and to our Service, including all current and future intellectual property rights, and any suggestions, ideas or other feedback provided by you or any other party, relating to our Service. Any copy, modification, revision, enhancement, adaptation, translation or derivative work of or created from our Service shall be owned solely and exclusively by Grameenphone Ltd, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights. You shall not remove or permit any third party to remove any proprietary rights from our Service or its contents.

Certain names, logos and other materials displayed in our Service may constitute trademarks, trade names, service marks or logos (whether registered or unregistered) of Grameenphone Ltd or other third party entities (“Marks”). You are not in any way authorized to use any such Marks by these Terms. Ownership of all such Marks and the goodwill associated therewith remains with us or our licensors.

We reserve the right to modify or discontinue, temporarily or permanently, our Service, or any portion thereof, with or without notice. We will not be liable to you or any third party, in any manner whatsoever, should we exercise such right.

Assignment/Transfer

We reserve the right to assign and/or transfer these Terms and all the rights and obligations pursuant thereto to any third party for any reason whatsoever, including in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or any other disposition. In case of such assignment and/or transfer, all information provided to us pursuant to these Terms, will be transferred to that third party and you agree to provide reasonable assistance in this regard.

Disclaimer

Our Service is provided on an “as is” basis. Your access to or use of our Service is voluntary and at your sole risk. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations and/or endorsements of any kind (including, without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to our Service, or with respect to any information, product, service, merchandise or other material provided on or through our Service (including any consultations or other services you may receive from your Providers). Whilst we use reasonable endeavours to engage with reputable Providers, we do not warrant or guarantee the accuracy, completeness, reliability, timeliness or usefulness of our Service. We do not warrant that the Service will function without delays, disruptions, interferences, imperfections, or any adverse incident.

Limitation of Liability

In no event will Grameenphone Ltd, its parents, subsidiaries, affiliates, licensors, and/or suppliers, and/or the officers, directors, employees, consultants, agents and/or any other mobile service provider, through whom Grameenphone Ltd provides the Service, be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages, whether in contract, tort (including negligence), or otherwise, or the use of, or the inability to use, our Service, including, without limitation, any information made available through our Service or any services performed by any Providers you connect with via our Service (including claims of medical malpractice or negligence), even if we have been advised of the possibility of such damages.

If you are dissatisfied with any of our materials, products, or services, or with any of the terms and conditions of these Terms, your sole and exclusive remedy is to discontinue using the Service.

Indemnification

You agree to indemnify and hold harmless Grameenphone Ltd, its parents, subsidiaries, affiliates, licensors, suppliers, and/or the officers, directors, employees, consultants, agents of each, and/or any other mobile service providers, through whom Grameenphone Ltd provides the Service, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your use of our Service, your violation of these Terms, or your violation of any rights of any other person or entity or for any harm or loss suffered due to negligent or improper advice provided by the Provider. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Force Majeure

Grameenphone Ltd shall not be liable for any failure of or delay in the performance of the Service for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to power supply, failures of electronic communications, acts of God, war, flood, political unrest, riots, strikes or labor disputes, embargoes, government orders or any other event which is beyond the reasonable control of Grameenphone Ltd.

Complaints

In the first instance, complaints or grievances should be addressed to the customer service team. You can contact us via telephone, email or letter using the following contact details:

Phone:     789 from any Grameenphone mobile account

Email:     feedback@mytonic.com

Letter:      Attention, TONIC
Telenor Health
B – 1/259
Bashundhara Residential Area, Baridhara
Dhaka 1229, Bangladesh

Miscellaneous

These Terms together with any Short-Form Terms (in place from time to time), the Privacy Policy and any applicable Mobile Service Agreement, which is incorporated herein by reference, constitutes the entire and final agreement between you and Grameenphone Ltd and govern your access to and use of our Service, superseding any prior agreements between you and Grameenphone Ltd with respect to the subject matter hereof, whether written or oral. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may neither assign any of your rights nor sub-contract any of your obligations under these Terms, and any such attempt will be null and void.

The validity, interpretation, construction and performance of these Terms will be governed by the laws of Bangladesh. Any dispute arising under or relating to these Terms will be resolved exclusively by final and binding arbitration in accordance with the Bangladesh Arbitration Act, 2001. The parties agree to the personal and subject matter jurisdiction and venue of the arbitration located in Dhaka, Bangladesh for any action related to these Terms. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision is found to be invalid, the parties agree that they will submit to the court to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect. You have no authority to act on behalf of or bind Grameenphone Ltd in any manner whatsoever.

You agree to the use of electronic documents and records in connection with future transactions and communications involving our Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any translation of the Terms from English into another language are made solely for your convenience. In the event of discrepancies between different language versions, the English version shall prevail.

Any use of third-party software provided in connection with our Service, or any third-party product or service accessed or used in connection with our Service, will be governed by the applicable third-party’s license or terms of use, and not by these Terms.

Any and all provisions of these Terms that would reasonably be expected to be performed after the termination of these Terms shall survive and be enforceable after such termination, including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

I have read these Terms carefully, and understand the risks and benefits of the Services and by checking the box containing “I ACCEPT THE TERMS” I hereby state that I have read, understood, and agree to the Terms.