
Terms and Conditions
Zi.Care
Zi.Care
(Effective from September 27, 2024)
PLEASE READ ALL THE TERMS AND CONDITIONS OF USE OF ZI.CARE ALONG WITH THE PRIVACY POLICY CAREFULLY BEFORE UTILIZING THE FEATURES AND SERVICES AVAILABLE ON THE ZI.CARE PLATFORM.
These Terms and Conditions of Use of Zi.Care ("Terms and Conditions") govern all rules and provisions that automatically bind you when you access, download, install, use the Zi.Care platform, as well as utilize the features and facilities contained therein. Please ensure you read and understand all of these Terms and Conditions to know your rights and obligations as a User of the Zi.Care Platform. If you do not agree with the provisions, you are invited to discontinue access to the Zi.Care Platform.
We may update these Terms and Conditions from time to time, and such updates will take effect after being displayed on the Zi.Care platform. You are responsible for periodically checking for changes to these Terms and Conditions. By continuing to use the Zi.Care platform after changes have been made, you are automatically deemed to have accepted those updates.
If you do not agree with any part of the provisions stated in these Terms and Conditions, you may cease the use of the Zi.Care Platform.
If you do not agree with any part of the provisions stated in these Terms and Conditions, you may cease the use of the Zi.Care Platform.
I. DEFINITIONS
| 1. | "Zi.Care" or "We" refers to PT Jejaring Tiga Artha, a limited liability company established under the laws of the Republic of Indonesia, located at Office 8 Building, 11th Floor Unit D, Jl. Senopati No.8, RT.8/RW.3, Senayan, Jakarta 12190, Indonesia. |
| 2. | "User" or "You" refers to any individual or legal entity that utilizes and enjoys all the features and facilities available on the Zi.Care Platform and/or Zi.Care Services. |
| 3. | "Affiliate" refers to (i) an entity that controls; (ii) a subsidiary of; or (iii) an entity under common control with PT Jejaring Tiga Artha. |
| 4. | "Zi.Care Services" refers to health services provided to Users through the Zi.Care Platform, which we may add, modify, and/or update from time to time as stipulated in Article 6 of these Terms and Conditions. |
| 5. | "Zi.Care Platform" refers to the system available on the website, mobile website, mobile application, and other applications with the domain zicare.id managed by Zi.Care. |
| 6. | "Service Provider" includes, but is not limited to, doctors, psychologists, pharmacies, laboratories, hospitals, clinics, dentists, lactation counselors, psychiatrists, and/or health facilities and other medical personnel providing services through the Zi.Care Platform. |
| 7. | "User Health History" refers to health records and/or medical examination results of each User, both related to the use of Zi.Care Services (such as Doctor's Notes and/or Medication Recommendations) and information outside of Zi.Care services shared by Users through the Zi.Care Platform. |
| 8. | "Doctor's Note" refers to the record that includes the results of conversations with the Service Provider as well as advice related to the User's medical condition. |
| 9. | "Medication Recommendation" refers to suggestions regarding medications or health treatments for the User. These Medication Recommendations are merely suggestions and are not binding. |
| 10. | "Service Fees" refer to the charges for Zi.Care Services listed on the Zi.Care Platform that will be borne by the User. This includes, but is not limited to, Delivery Fees, Service Fees, and other fees set by Zi.Care. For the avoidance of doubt, the Service Fees listed on the Zi.Care Platform already include Value Added Tax ("VAT"). |
| 11. | "Unique Code" refers to any code provided by Zi.Care that can be used by the User to conduct transactions on the Zi.Care Platform in accordance with these Terms and Conditions. |
| 12. | "Product" refers to medications, herbal medicines, vitamins, supplements, consumer goods, milk, baby supplies, cosmetics, medical equipment, and/or optical instruments of various categories and brands available on the Zi.Care Platform. |
| 13. | "Service Fee" refers to the fee for the provision of services to be received by the Service Provider, as determined by Zi.Care and/or the Service Provider, which shall be borne by the User. |
| 14. | "Delivery Fee" means the charge for the delivery of Products, which shall be borne by the User in accordance with the service selected by the User. For the avoidance of doubt, the Delivery Fee listed on the Zi.Care Platform includes Value Added Tax ("VAT"). |
| 15. | "Handling Fee" refers to the fee imposed on the User for the purchase of Products categorized as controlled substances (red dot medications). This fee includes educational services provided to the User regarding the appropriate and safe use and consumption of medications. |
II. GENERAL PROVISIONS
| 1. | The Zi.Care Platform serves as a means to connect Users and/or Service Providers, in accordance with the provisions set forth by Zi.Care from time to time. For the avoidance of doubt, Zi.Care is a technology company, not a healthcare provider, and Zi.Care does not provide health services. |
| 2. | Users understand that the relationship between Zi.Care and Service Providers is not an employee relationship but a professional collaboration. Zi.Care does not employ Service Providers and is not responsible for the actions, negligence, or carelessness of Service Providers in delivering Zi.Care Services. The Zi.Care Platform is an online information and communication service provided by Zi.Care. |
| 3. | Zi.Care may use third-party services for payment and delivery services. In the event of a payment system failure or delivery delays, Zi.Care will make reasonable efforts to assist in resolving the issues that arise. Users understand that the banking, payment, or delivery service providers chosen may charge Delivery Fees and/or other fees (if any) for their services. |
| 4. | The Zi.Care Platform allows you to submit requests for Zi.Care Services to Service Providers. Service Providers have full authority and discretion to accept or decline those requests. If your request is accepted, the Zi.Care Platform will notify you and provide information regarding the Service Provider, including order numbers and options to contact the Service Provider via telephone. |
| 5. | Each feature and/or Zi.Care Service available on the Zi.Care Platform may be updated or modified as needed and as the platform develops. |
III. PRIVACY POLICY
| 1. | You may use the Zi.Care Platform after registering, which includes providing your personal data such as full name, email address, phone number, and information related to your health history that is accurate and legally accountable, as requested on the Zi.Care Platform ("Personal Data"). The Personal Data processed will be collected, stored, processed, used, and shared by us and/or Service Providers for providing Zi.Care Services and for other purposes regulated in the Privacy Policy ("Privacy Policy"), which is an integral part of these Terms and Conditions and may be updated from time to time. You, as a User, understand and agree that these Terms and Conditions constitute an electronic agreement, and your action of pressing the ‘register’ button when opening an account on the Zi.Care Platform or the ‘login’ button when accessing your account constitutes your active consent to be bound by this agreement with us. Thus, the validity of these Terms and Conditions and the Privacy Policy is valid, legally binding, and effective throughout your use of the Zi.Care Platform and Zi.Care Services. |
| 2. | If you use the Zi.Care Platform on behalf of someone else, you represent that you have the authority to act on behalf of that person and that the person has acknowledged the practices and policies outlined in the Privacy Policy. |
| 3. | You will not file claims or objections against the validity of these Terms and Conditions or the Privacy Policy that is drawn up in electronic form. |
| 4. | You understand and agree that these Terms of Use represent an agreement in electronic form, and your action of pressing the ‘register’ button when opening an account or the ‘login’ button when accessing your account constitutes your active consent to bind yourself to this agreement with us, making the validity of these Terms of Use and the Privacy Notice valid and legally binding and continuing to apply throughout your use of the Zi.Care Application and Zi.Care Services. |
IV. USE OF THE ZI.CARE PLATFORM
| 1. | We are pleased to invite you to register as a User of the Zi.Care Platform, upon fulfilling the following general requirements:
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| 2. | We reserve the right to conduct checks at any time regarding the accuracy and validity of the information or documents submitted to Zi.Care or the Zi.Care Platform. If fraud or discrepancies are found based on independent assessment, Zi.Care has the right to terminate, cancel, or block your access and membership on the Zi.Care Platform and Zi.Care Services. | ||||||||||||||||
| 3. | The patient verification process is carried out by the Hospital, where users are required to make an online reservation through the Zi.Care application by selecting the intended doctor as a condition to proceed with the reservation. Users must agree to the applicable terms and conditions ("Terms & Conditions") in the Zi.Care application and subsequently select their patient status as either an existing patient or a new patient. Users must then choose one of the available patient verification methods, namely existing patient verification or new patient verification, with the following provisions:
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| 4. | You are prohibited from jeopardizing, misusing, altering, or modifying the Zi.Care Platform in any way. We reserve the right to close or cancel your account and/or prohibit you from further use of the Zi.Care Platform if you do not comply with these Terms and Conditions. | ||||||||||||||||
| 5. | You will only use the Zi.Care Platform for the purpose of obtaining Zi.Care Services and will not misuse or use the Zi.Care Platform for activities contrary to the law, including but not limited to money laundering, theft, embezzlement, terrorism, or fraud. You also agree not to make false bookings or engage in unlawful activities through the Zi.Care Platform. | ||||||||||||||||
| 6. | You understand and agree that all information in any form, including but not limited to video, audio, images, or writings on the Zi.Care Platform, is protected by intellectual property rights (including but not limited to trademark and copyright). You are prohibited from using, altering, facilitating, disseminating, and/or modifying such intellectual property rights without the permission of the respective intellectual property rights owner, as regulated by applicable laws and regulations. | ||||||||||||||||
| 7. | When accessing and using the Zi.Care Platform, including any of its features and services, you are not permitted to:
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| 8. | You understand and agree that the Service Fees listed on the Zi.Care Platform may change in accordance with the policies of the Service Provider and/or Zi.Care. We encourage you to check the Service Fees before using the relevant Zi.Care Services. By using the Zi.Care Services, you automatically agree to the applicable Service Fees during the period of usage of those Services. | ||||||||||||||||
| 9. | All health articles displayed on the Zi.Care Platform are intended to educate Users and are not intended as a substitute for medical advice, diagnosis, or treatment provided through Zi.Care Services. | ||||||||||||||||
| 10. | All medication information displayed on the Zi.Care Platform is general information that corresponds to what is listed on the medication packaging. | ||||||||||||||||
| 11. | If you experience issues related to services provided on the Zi.Care Platform, you may contact the Consumer Complaint Service that we have provided on the Zi.Care Platform for assistance. Our Consumer Complaint Service will strive to help address the issues you experience. You understand and agree that the Consumer Complaint Service we provide is for assistance and does not guarantee resolution of all issues you may encounter. |
V. ZI.CARE ACCOUNT
| 1. | Your Zi.Care account may only be used by you and cannot be transferred to another person or third party for any condition or reason. You are fully responsible for any use of your account on the Zi.Care Platform. We reserve the right to refuse to process orders if we know or have sufficient reason, in accordance with our internal policies, to suspect that you have transferred or allowed your account to be used by another party. |
| 2. | Zi.Care has the right to suspend and/or limit the registration process or the use of the Zi.Care Platform by Users if a violation of these Terms and Conditions and/or applicable laws and regulations is found. |
| 3. | The security and confidentiality of your Zi.Care account, including your registered name, registered mobile phone number, and verification code generated and sent by our system, are entirely your responsibility. Any losses and risks arising from your negligence in maintaining the security and confidentiality of this information will be your sole responsibility. In this regard, we will consider any use or order made through your account as a valid request from you. |
| 4. | If you lose control of your account for any reason, you are required to report it to us immediately. If there is misuse of your account by a third party before you report it, then all usage of the account during that period will be your full responsibility. |
| 5. | We are not responsible for any risks arising concerning the security of your registered mobile number, including but not limited to situations where the mobile number has been recycled by the mobile operator. |
| 6. | Immediately inform us if you become aware or suspect that your account has been used without your knowledge or consent. We will take actions that we deem necessary and feasible to address the unauthorized use. |
VI. ZI.CARE SERVICES
| 1. | Online Reservation
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| 2. | Online Consultation (“Telemedicine”)
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| 3. | Electronic Medical Records (“EMR”)
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VII. TRANSACTION TERMS
| 1. | Online Queue Feature
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| 2. | Online Consultation Feature
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VIII. INTELLECTUAL PROPERTY RIGHTS
| 1. | Zi.Care holds exclusive licensing rights to the name, icon, and logo of Zi.Care, as well as all features available on the Zi.Care Platform. All these elements are copyrighted and trademarked under the laws of the Republic of Indonesia. Users are strictly prohibited from using, modifying, or placing the name, icon, logo, or brand without prior written consent from Zi.Care. |
| 2. | All rights related to the intellectual property associated with the Zi.Care Platform, in accordance with the laws of the Republic of Indonesia, include ownership rights over all source code and other elements of the Zi.Care Platform. Users are prohibited from violating these intellectual property rights. This prohibition includes, but is not limited to, modification, creation of derivative works, adaptation, copying, selling, reproduction, hacking, and/or exploitation of the Zi.Care Platform. Users are also prohibited from using the Zi.Care Platform in an unlawful manner, launching automated programs or scripts, or taking any actions that may disrupt the operation and/or performance of the Zi.Care Platform. Furthermore, users are not permitted to reproduce, circumvent, or alter the navigation structure or presentation of the Zi.Care Platform or its contents. |
| 3. | Users are only allowed to use the Zi.Care Platform for personal purposes and do not have the right to transfer, sell, or grant access to others. |
| 4. | Zi.Care reserves the right to take legal action against any violations you commit related to the intellectual property rights associated with the Zi.Care Platform. |
IX. NOTIFICATION
All notices or requests to you are deemed to have been received by you when:
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X. FUNCTION OF THE PLATFORM
Zi.Care is committed to ensuring that the Zi.Care Platform and the features of Zi.Care Services function properly and smoothly. However, it is important to understand that the Zi.Care Platform and/or the features of Zi.Care Services may experience unavailability from time to time for various reasons, including but not limited to maintenance needs, technical issues, or situations beyond the control of Zi.Care.
XI. ACCOUNT LOCKING
Users are not permitted to use the Zi.Care Platform on devices or operating systems that have been modified outside of the standard configurations recommended by Zi.Care. This includes devices that have undergone the "rooted" or "jail-broken" process. Rooted or jailbroken devices are those that have been altered to remove restrictions imposed by the device provider, without the consent of the device service provider. Using the Zi.Care Platform on such devices may compromise security and potentially lead to unauthorized transactions.
Zi.Care is not responsible for risks associated with using the Zi.Care Platform on rooted or jailbroken devices. The risks of use on these devices are entirely the responsibility of the User. The User understands and agrees that Zi.Care will not be liable for any losses or other consequences arising from the use of the Zi.Care Platform on rooted or jailbroken devices. Zi.Care reserves the right to terminate User access to the Zi.Care Platform if the device being used is proven to be rooted or jailbroken, and may block access from such devices.
Zi.Care is not responsible for risks associated with using the Zi.Care Platform on rooted or jailbroken devices. The risks of use on these devices are entirely the responsibility of the User. The User understands and agrees that Zi.Care will not be liable for any losses or other consequences arising from the use of the Zi.Care Platform on rooted or jailbroken devices. Zi.Care reserves the right to terminate User access to the Zi.Care Platform if the device being used is proven to be rooted or jailbroken, and may block access from such devices.
XII. CONSUMER COMPLAINT SERVICE
PT Jejaring Tiga Artha
Jl Fatmawati Raya, Wisma Subud no 34C
Cipete, South Jakarta, Indonesia.
info@zicare.id
Jl Fatmawati Raya, Wisma Subud no 34C
Cipete, South Jakarta, Indonesia.
info@zicare.id
XIII. ACCOUNT DELETION
| 1. | You can delete your account by using the 'Delete My Account' feature available on the Zi.Care Platform. | ||||||||||||||||||
| 2. | To delete a profile registered under your account, you can directly access and delete each profile you wish to remove through the available profile menu. | ||||||||||||||||||
| 3. | In the case of profile deletion as mentioned in paragraph (2) above, the information and data contained in the deleted profile will be treated as follows, depending on the reason for deletion you choose:
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| 4. | Subject to the provisions in paragraphs (1) and (3) above, you understand and agree that after the deletion of your account or any profiles created under your account, all related data, including transaction history and services associated with that account or profile, will be permanently deleted and cannot be recovered by you under any circumstances. | ||||||||||||||||||
| 5. | Your account may be temporarily or permanently frozen in the following cases, including but not limited to:
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| 6. | If your account is frozen and you have clear evidence that the freezing was unwarranted, you can file a report with us along with that evidence. After reviewing your report, we will, based on our policies, decide whether to terminate or continue the freezing of your account. The freezing will not be continued unjustly if we determine that the issues causing the freezing have been resolved. |
XIV. ELECTRONIC COMMUNICATION
When you use the Zi.Care Services, you agree to communicate with Zi.Care electronically, including but not limited to email, text messages, phone calls, social media, live chat, and/or message centers. All forms of electronic communication may be used for notifications, disclosures, and as evidence in accordance with the applicable laws and regulations of the Republic of Indonesia regarding electronic communication.
XV. RISK
In providing Zi.Care services, Zi.Care collaborates with Affiliates and/or third parties appointed to process the delivery of orders to you. Any risk arising after the packaging and delivery process of the Product will be borne by the delivery party. Zi.Care is fully responsible for ensuring effective communication between the delivery party and the User.
Apart from the transfer of risk during delivery, you are entitled to file complaints related to the Product received if there are discrepancies, damages, returns, or purchase cancellations. We will conduct investigations and assessments to determine the responsibility for risks related to the Product. All provisions regarding the investigation and resolution of complaints will refer to the internal rules applicable at Zi.Care.
Apart from the transfer of risk during delivery, you are entitled to file complaints related to the Product received if there are discrepancies, damages, returns, or purchase cancellations. We will conduct investigations and assessments to determine the responsibility for risks related to the Product. All provisions regarding the investigation and resolution of complaints will refer to the internal rules applicable at Zi.Care.
XVI. SOFTWARE TERMS FOR ZI.CARE
To ensure optimal service quality, we will periodically perform automatic updates on the Zi.Care Service application. These updates may be done based on the type of service provided or after you have given consent to update our application.
XVII. POLICY AND CHANGES
We reserve the right to make changes to the site, policies, terms of service, and these Terms and Conditions at any time. These changes will be communicated to you through the media we provide. All changes, additions, deletions, and modifications will take effect automatically within 1x24 (one time twenty-four) hours after being announced and downloaded by Zi.Care. Please regularly check and pay attention to the notifications we provide through Zi.Care's media.
XVIII. LANGUAGE
These Terms and Conditions are made in two languages, Indonesian and English. In the event of any discrepancy in interpretation, the Indonesian version shall prevail.
XIX. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Zi.Care Services, along with all information, content, materials, products (including software), and other services available through the Zi.Care platform, are provided by Zi.Care "as is" and "as available," unless stated otherwise in writing. Zi.Care makes no express or implied warranties or representations regarding the operation of the Zi.Care Services, information, content, materials, products (including software), or other services available through the platform. The use of Zi.Care Services is at your own risk.
To the fullest extent permitted by applicable law, Zi.Care disclaims all express or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Zi.Care does not warrant that Zi.Care Services, information, content, materials, products (including software), or other services, including those provided through Zi.Care, Zi.Care servers, or electronic communications sent by Zi.Care, are free from viruses or other harmful components. Zi.Care is not responsible for damages arising from the use of Zi.Care Services, or any information, content, materials, products (including software), or other services provided or made available through Zi.Care, including direct, indirect, incidental, consequential, or any other damages unless stated otherwise in writing.
Zi.Care is not responsible for the negligence of users in managing their Zi.Care platform accounts, including but not limited to sharing passwords or other account-related information with third parties, which may result in loss of access, control, or account ownership. This also includes user negligence in providing account-related information via third-party links outside the control of Zi.Care.
If a user loses access, control, or ownership of their account, they can report the issue to Zi.Care, which will provide the best assistance possible to help restore access. However, there is no implied guarantee of success in restoring access. Users may report the issue to authorities for legal action and release Zi.Care from any claims or damages that may arise under this clause.
In the event of any inconsistency between these Terms and Conditions and any other related terms provided by Zi.Care, these Terms and Conditions shall prevail for general requirements.
To the fullest extent permitted by applicable law, Zi.Care disclaims all express or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Zi.Care does not warrant that Zi.Care Services, information, content, materials, products (including software), or other services, including those provided through Zi.Care, Zi.Care servers, or electronic communications sent by Zi.Care, are free from viruses or other harmful components. Zi.Care is not responsible for damages arising from the use of Zi.Care Services, or any information, content, materials, products (including software), or other services provided or made available through Zi.Care, including direct, indirect, incidental, consequential, or any other damages unless stated otherwise in writing.
Zi.Care is not responsible for the negligence of users in managing their Zi.Care platform accounts, including but not limited to sharing passwords or other account-related information with third parties, which may result in loss of access, control, or account ownership. This also includes user negligence in providing account-related information via third-party links outside the control of Zi.Care.
If a user loses access, control, or ownership of their account, they can report the issue to Zi.Care, which will provide the best assistance possible to help restore access. However, there is no implied guarantee of success in restoring access. Users may report the issue to authorities for legal action and release Zi.Care from any claims or damages that may arise under this clause.
In the event of any inconsistency between these Terms and Conditions and any other related terms provided by Zi.Care, these Terms and Conditions shall prevail for general requirements.
XX. GOVERNING LAW AND DISPUTE RESOLUTION
| 1. | These Terms and Conditions are governed by and subject to the applicable laws of the Republic of Indonesia. |
| 2. | In the event of any disputes or differences of opinion regarding the implementation of these Terms and Conditions ("Dispute"), the Parties agree to resolve the matter through mutual consultation to reach a consensus. If the consultation does not yield results, peaceful efforts will be pursued from the time the Dispute arises. |
| 3. | If the Dispute cannot be resolved through mutual consultation within 30 (thirty) calendar days from the date the Dispute is notified by one Party to the other, the Parties agree to resolve the Dispute finally through Arbitration conducted by the Indonesian National Arbitration Board (“BANI”), in accordance with the applicable BANI regulations at that time regarding arbitration procedures. The arbitration will be presided over by 1 (one) arbitrator appointed by the Chairperson of BANI, held in DKI Jakarta, Indonesia, and conducted in Indonesian. The arbitration award shall be deemed a final and binding decision, and it cannot be contested. Neither Party may initiate litigation or file a lawsuit in any court regarding the Dispute arising from or in connection with these Terms and Conditions. |
| 4. | The Parties agree not to initiate or continue court proceedings related to any Dispute arising from or in connection with these Terms and Conditions. |
XXI. NO WAIVER
The waiver, delay, or failure of Zi.Care to assert any claim against the User for breach of any provision of these Terms and Conditions, or to exercise any rights of Zi.Care as provided in these Terms and Conditions, shall not be construed as a waiver of any substantial breach of any provision of these Terms and Conditions.
XXII. SEVERABILITY
If any provision of these Terms and Conditions is deemed to be unlawful, invalid, or unenforceable, in whole or in part, under any regulation or legal principle, then the unlawful, invalid, or unenforceable provision or part thereof shall be deemed omitted and disregarded from these Terms and Conditions. Nevertheless, the legality, validity, and enforceability of the remaining provisions in these Terms and Conditions shall remain in full force.
XXIII. MISCELLANEOUS
| 1. | If any provision in these Terms and Conditions is declared invalid, unenforceable, or incapable of being enforced under the laws of any jurisdiction, it will not affect the validity, enforceability, or implementation of the remaining provisions in these Terms and Conditions. Furthermore, the validity, enforceability, or implementation of the provision declared invalid, unenforceable, or incapable of being enforced will still be evaluated based on the laws of another applicable jurisdiction. |
| 2. | The User may not assign their rights and obligations, in whole or in part, under these Terms and Conditions without prior approval from Zi.Care. Conversely, Zi.Care reserves the right to assign its rights under these Terms and Conditions to Zi.Care Affiliates and/or third parties designated by Zi.Care at any time, without requiring prior approval from the User or providing prior notice to the User. |
| 3. | The User agrees and acknowledges that these Terms and Conditions constitute an electronically made agreement. By pressing the “Register” button when registering an account or the “Login” button when accessing the account, the User actively consents to be bound by this Agreement with Zi.Care. This consent establishes the validity of these Terms and Conditions and the Privacy Policy as legal and binding, and it continues to apply as long as the User uses the Application and/or Services. |
| 4. | The User agrees not to raise any claims or objections in any form regarding the existence or validity of this Agreement as an electronic contract. |
"I HAVE READ AND UNDERSTOOD ALL THE TERMS IN THESE TERMS AND CONDITIONS OF USE AS WELL AS ITS CONSEQUENCES. HEREBY, I ACCEPT EVERY RIGHT, OBLIGATION, AND PROVISION SET FORTH IN THESE TERMS AND CONDITIONS OF USE. THIS STATEMENT IS CONSIDERED AS MY CONSENT AS A USER OF THE PLATFORM AND/OR SERVICES."