AS SEHAH DIGITAL SDN BHD

MyMedica Terms & Conditions

 

 Terms and Conditions

Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using MyMedica mobile application (“application”, “service”) operated by As Sehah Digital Sdn Bhd (“us”, ‘we”, “our”).

Conditions of use

By downloading and using this application, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. MyMedica only grants use and access of this website, its products, and its services to those who have accepted its terms.

MyMedica may amend and update this Agreement at any time. Amendments will be effective upon MyMedica posting of such updated terms at this location or in the amended policies (if any) or supplemental terms (if any) on the applicable Service(s). Your continued access or use of the Application or our Services after such posting confirms your consent to be bound by the terms, as amended.

Healthcare Services

The Healthcare Professionals who deliver Services through MyMedica are independent professionals practicing within a group of independently owned professional practices collectively known as “MyMedica Professionals”. MyMedica does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by the Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither MyMedica nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice or Service you obtain from a Healthcare Professional via the Services.

Site Content

None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Privacy

MyMedica is required to comply with national privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy as may be accessed at this link: MyMedica Privacy Policy link. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and MyMedica. MyMedica cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure encrypted servers maintained by MyMedica.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this application. By using this application, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. As Sehah Digital Sdn Bhd assumes no responsibility for liabilities related to age misrepresentation.

User accounts

As a user of this application, you are required to register/create account (“my profile”) by entering your name, email address, password and certain other information collected by MyMedica (collectively “Account Information”). You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the application, inform us immediately so we may address them accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Eligibility

1. You must reside in Malaysia and be 18 years of age or older to use the Application and the Services provided through the Application. You understand that there may be no Doctor in your area and we cannot guarantee that a Doctor or other healthcare professionals will be available to provide Services in your area.

2. If you are requesting pediatric Services for a minor, you must verify that you are the parent, guardian or other adult responsible for the minor. By using the Application and our Services you represent that you are at least 18 years of age or are the parent, guardian or other adult responsible for a minor.

3. You must notify us immediately of any change in your eligibility to use the Services including without limitation any changes to your medical condition or physical fitness.

 

Our Services

1. Teleconsultation Services

1.1 Teleconsultation is the delivery of health care services using interactive

audio and video technology, where the patient and the healthcare professional (“Treating Provider”) are not in the same physical location. At MyMedica, we offer such online teleconsultation services (“Teleconsultation Services”) enabling users to report their health history and engage Treating Providers to obtain medical and healthcare services. All of the Treating Providers who deliver teleconsultation Services through MyMedica are independent professionals solely responsible for the services each provides to you. MyMedica does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither MyMedica nor any third parties who promote the teleconsultation Services shall be liable for any professional advice you obtain from a Treating Provider via the Teleconsultation Services. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE TELECONSULTATION SERVICES IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.

1.2 During your teleconsultation consultation with a Treating Provider, details

of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Treating Provider may perform a physical examination through these technologies.

1.3 The teleconsultation Services you receive from Treating Providers are not

intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Treating Providers. However, your initial visit with

a Treating Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through MyMedica or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our teleconsultation Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of teleconsultation. These risks include, but may not be limited to:

i. In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider.

ii ii. Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.

iii iii. In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors.

iv iv. Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.

 

1.4 By accepting these Terms of Service, you acknowledge that you

understand and agree with the following:

i. You understand that you may expect the anticipated benefits from the use of teleconsultation in your care, but that no results can be guaranteed or assured.

ii ii. You understand and have read MyMedica’s Privacy Policy, which can be found here: link medica privacy policy

 

 

iii. Your Treating Provider may determine that the teleconsultation Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide teleconsultation services to you through the Site.

ii iv. You can send messages to your Treating Provider by contacting MyMedica Customer Support at 0383200100. Emails or electronic messages to Customer Support or your Treating Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 999 or go to the nearest emergency room.

 

2. Orders and Payment

2.1 Customers shall be entitled to make payment for the goods and services

pursuant to the various payment methods set out on the Site.

2.2 MyMedica will only assist you to order the relevant goods or services you

may require from the selected partners. When you make an order through Site:

i. You authorise us to act as your representative to engage the Partner, including making payment thereto in your name and on your behalf, as required;

ii ii. After you confirm your order, you shall receive a receipt with an order code at which point a legally binding contract in relation to the Product(s) that you have ordered shall come into existence between you and the selected Partner, as the case may be. MyMedica is not a party to that contract, unless explicitly provided otherwise herein, and MyMedica also in no way influences the conclusion or the content of the contract; and

iii iii. You acknowledge that the delivery of any Product pursuant to your order shall be subject to your payment having been received in cleared funds.

 

2.3 MyMedica shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or

goods and services tax (GST) imposed by any government entity in respect of the Services.

2.4 Additional charges may be incurred if non-Malaysian issued card is used due to Foreign Exchange.

2.5 By making payment via online banking, the customer shall transfer the payment for the purchase(s) to an account nominated by MyMedica for the total amount of the purchase(s) (including any applicable taxes). The transaction must be payable in Ringgit Malaysia. MyMedica shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or goods and services tax (GST) imposed by any government entity in respect of the Services.

3. Pharmacy – Medication Delivery

3.1 Healthcare professional (“Treating Provider”) shall be only entity legally

able to dispense medicines for you when we have received a legally valid prescription signed in writing by a doctor. Prescriptions are issued entirely at the discretion of the prescriber. The customer may choose to purchase the medicine directly from Treating Provider or buy itself at nearest pharmacy. If the customer choosing to purchase directly from Treating Provider;

i. You may choose ‘Pick-Up’, ‘Delivery’ or ‘Fast Track’.

ii ii. If you choose ‘Pick-Up’, you can directly go to their outlets.

iii iii. If you choose ‘Delivery’, your medication will be delivered within 3 business days.

iv iv. If you choose ‘Fast Track’, your medication will be delivered within 3 hours (only available in Klang Valley)

v. Snap a picture of your Prescription and fill in the necessary details.

vi vi. Pharmacists will process and verify your order and if all details are valid, you can make payment through the Application.

vii vii. Your medicine will be delivered to your doorstep or pick-up

 

 

location.

 

3.2 For all ‘Pick-Up’, ‘Delivery’ and ‘Fast Track’ services, in the event that you

are unable to collect your own medicine, please present an authorization letter for the person collecting on your behalf.

3.3 Neither MyMedica nor Treating Provider is responsible for any failure to

deliver medicines within a certain date or time if you have entered an invalid address. You or your authorized carer are responsible for signing medicine package upon delivery. Please present a valid ID for confirmation.

3.4 Kindly present your original prescription to the delivery personnel.

3.5 We only accept prescription medicine orders from customers who are at

least 18 years old.

3.6 This service is only available in Malaysia.

3.7 You are responsible for providing valid credit or debit card details which

may be charged for payment. We reserve the right to not deliver medicines to you if your payment details have expired or are invalid in any way. In such cases we will attempt to contact you to enable you to provide updated information to allow us to dispense the medicines.

3.8 You are responsible for informing MyMedica and Treating Provider if you

are taking any other medications, supplements, and traditional medicine.

3.9 You are responsible for informing MyMedica and Treating Provider of any

allergies. MyMedica and Treating Provider are not responsible for any allergic reactions resulting from allergies that were not clearly stated.

3.10 Warning – You must check all items dispensed to you and should not

take any medication that appears to have been tampered with or which may have been dispensed in error. Failure to abide by this warning could seriously damage your health. If your prescription medicines appear to be damaged (with evidence and photos taken) then please contact 0383200100. We will make every effort to replace any damaged products.

3.11 It is important that the information you provide is accurate and that you

disclose all relevant facts as this could affect the advice you are given. If you are providing information about a person other than yourself, you

must ensure that they understand how their information will be used and that you have their authority to provide it to us and to give the relevant consents on their behalf. By providing their information to us you are confirming this to be the case. Warning: You must check any advice given by our pharmacists with your own Doctor before taking or refraining from any course of action or treatment. Failure to do so could seriously damage your health.

3.12 Cancellation/Confirmation of Orders – We will send an electronic

acknowledgement to you upon successful payment of the electronic order. We will not entertain any cancellations once payment is confirmed and submitted by you. If items ordered are unavailable, a message will be sent to you for further action.

3.13 Exchange & Refunds – All of our goods sold are non-exchangeable and

non-refundable.

3.14 You use this service entirely at your own risk and acknowledge that

MyMedica and Treating Provider are not responsible for all damage, losses, costs or expenses which you may suffer because the service is unavailable or does not operate as expected or causes loss or damage to any data.

3.15 MyMedica and Treating Provider reserve the absolute right to vary these

terms & conditions at any time at their sole discretion. Any amendments or variations to these terms and conditions will be posted on this site. You are responsible for checking this page for changes and updates to the Terms of Service. Your use of MyMedica app following any posted change(s) to the Terms of Service will be deemed an acceptance of such change(s).

4. Scheduling

4.1 MyMedica and the selected Partner reserve the right to cancel and

reschedule your appointment or booking. Except as required by law, the Company and selected Partner will not be held liable for such events and are not liable to reimburse you for any travelling, accommodation or other loss or expenses suffered or incurred by you or any other person due to

any cancelled or rescheduled appointment or booking.

5. Risk and Property

5.1 MyMedica shall not hold risk and/or property in the Products at any time.

MyMedica shall not be liable for any costs incurred or suffered due to loss or destruction of, or damage to, the Products delivered to you.

5.2 Risk of damage to or loss of the Product(s) purchased shall pass to the

customer at the time of delivery, or if the customer wrongfully fails to take delivery of the Product(s) purchased, the time when delivery of the Product(s) is tendered by the Partner.

5.3 Notwithstanding delivery and the passing of risk in the goods purchased

or any other provision of these Terms and Conditions the property in the goods purchased shall not pass to the customer until and unless the Company has received in cleared funds payment in full of the price of the goods purchased and all other goods agreed to be sold by MyMedica to the customer for which payment is then due.

6. Feedback

6.1 You hereby grant MyMedica an exclusive, royalty-free, perpetual,

transferable and irrevocable licence to:

i. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display any comments, bug reports, or feedback provided by you to the Site (collectively, “Customer Feedback”) throughout the world in any media for any purpose, now known or hereafter devised; and

ii ii. use the name that you submit in connection with your Customer Feedback. You represent that your Customer Feedback are non-confidential, non-proprietary, and do not breach any third party’s rights.

 

6.2 You further agree that Customer Feedback of the other customers and

Site users are not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute medical or healthcare advice or

recommendation of any kind.

6.3 MyMedica reserves the right for any reason in its sole discretion to

remove without notice any Customer Feedback from the Site.

7. Cancellations, Exchanges and Refunds

7.1 MyMedica may, at its sole and absolute discretion, allow cancellations,

exchanges or refunds on Product(s) purchased which are goods, on a case-by-case basis, on the following conditions:

i. The request for cancellation is made to MyMedica within twenty-four (24) hours from the time of order of the Product(s); or

ii ii. the request for exchange or refund is made to MyMedica within seven (7) days from the date of delivery of the Product(s); and

iii iii. The Product(s) in question is of unsatisfactory quality, defective, unfit for their intended purposes, or do not match their description on the Site.

 

7.2 Cancellations, exchanges, or refunds on Product(s) which are goods may

be subject to a processing fee as shall be determined by MyMedica in its sole and absolute discretion, on a case-by-case basis.

8. Modification to the Services / Suspension or Termination of Customer Account

8.1 MyMedica reserves the sole and absolute right to:

i. add, amend and/or vary the Services without assigning any reasons whatsoever and without any prior notice; and/or

ii ii. suspend the operation of the Customer Account and/or terminate the Customer Account without assigning any reasons whatsoever and without any prior notice.

 

9. Disclaimers of Warranties

9.1 You irrevocably and unconditionally agree to use the Site and the Services

at your own risk. MyMedica expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Site and the Service, and assumes no liability or responsibility to you.

9.2 You further irrevocably and unconditionally agree that your access to, and

use of the Site and the Services are on an “as-is”, “as available” basis and MyMedica specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement.

9.3 The information provided on healthcare goods, services, and packages on

the Site is solely for general information, and does not constitute medical or healthcare advice. The information does not have regard to any specific need of any person. If you are unsure whether the or which healthcare goods, services, or packages would be suitable to meet your needs, please seek advice first from your doctor or the relevant healthcare centre. Otherwise, you may end up signing up for packages which may not meet your expectations or needs. MyMedica is not liable to any person in respect of the information or its use, including any inaccuracy, misrepresentation, error or omission in, or any decision made in reliance on the information.

10. Online Result Viewing

10.1 You may also view your laboratory test results and radiology images

(“Medical Reports”) on our Application (“Result Viewing Services”).

10.2 By obtaining or accessing your Medical Reports vide your account on the

our Application, you hereby unconditionally agree to be fully bound by the Terms and Conditions stated herein. The information, content and services contained in your account and the Application are subject to change at any time at the sole discretion of MyMedica and without any prior notice.

10.3 You agree that MyMedica is a TECHNOLOGY PLATFORM that connects

users to independent third-party providers in the MyMedica network, and

as such MyMedica takes no part in the carrying on of the relevant laboratory and radiology tests or the production of the Medical Reports. MyMedica is merely providing a platform to you to view your Medical Reports through the Result Viewing Services. MyMedica expressly disclaims all warranties and responsibilities of any kind, whether express or implied, for the accuracy or reliability of the content of any information contained under the Result Viewing Services and shall NOT be liable for any inaccuracy or incorrectness of the Medical Reports displayed on its platform. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE RESULT VIEWING SERVICES IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.

10.4 You shall not abuse or misuse the Result Viewing, including but not

limited to:

i. engage in any illegal or fraudulent activities;

ii ii. supply or attempt to supply any false or misleading information, or make any misrepresentation to MyMedica or the Partners;

iii iii. in any manner that may damage, disable, overburden, corrupt or impair your account, the Result Viewing, our website, the hardware or application and software system, security protocols, information or other operations or interfere with any party’s use and enjoyment of his or her account, the Result Viewing and our website; and

iv iv. attempt to gain or gain unauthorized access to any account(s) other than your own account through hacking, password mining or any other means.

 

10.5 You shall be responsible for regularly checking your account and keeping

your personal details up to date. You shall notify us and/ or the Partners of any changes, omissions or incorrect details as soon as you become aware of any of them. MyMedica shall not be responsible for any failure by you to notify us and/ or the relevant Partners of any such changes, omissions or incorrect details or for any incorrect information notified to us and/ or the relevant Partners.

10.6 You agree that:

i. you are solely responsible for your computer, system or other device from which you access your account, our website and the Result Viewing Services, including but not limited to the maintenance, operation and permitted use of such computer, system or other device and that it is your obligation to comply with any criteria imposed by MyMedica from time to time in respect of your computer, system or other devices from which you access your account, our website and the Result Viewing Services (including any software used);

ii ii. you shall not access your account, our website and the Result Viewing Services using any computer, system or other device which you do not own unless you have received the owner’s permission;

iii iii. you shall ensure that any computer, system or other device from which you access and use your account, our website and the Result Viewing Services shall be properly maintained and shall be free from any defects, viruses or errors;

iv iv. you shall ensure that your PC or laptop is loaded with the latest anti-virus and anti-spyware software and that the software is at all times installed and updated with the latest pattern;

v. you shall ensure that you have downloaded the Application from trusted channels; and

vi vi. any material downloaded or otherwise obtained through the use of your account, our website and the Result Viewing Services is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

10.7 MyMedica reserves the sole and absolute right to:

i. add, amend and/ or vary our website and Services at any time without assigning any reasons whatever and without any prior notice; and/or

ii ii. suspend the operation of your account and/or terminate your account without assigning any reasons whatsoever and without any prior notice.

 

10.8 You hereby irrevocably and unconditionally agree to give consent to

MyMedica:

i. to collect, store, hold, transfer (within or outside Malaysia), administer and process your personal data including but not limited to your name, NRIC No./ Passport No., contact details, medical history, information and medical report(s) for our internal use and records;

ii ii. to disclose and release your personal data to the relevant government authorities and agencies, where it is required under the law which we may deem necessary; and

iii iii. to perform the Result Viewing Services

 

11. Internet Delays

11.1 You acknowledge that the Service and/or the Application may be subject

to limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you or the Treating Providers, not connected, out of range, switched off or not functioning. Neither MyMedica and Treating Provider is responsible for any delays, delivery failures, damages or losses resulting from such problems.

12. IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS.

12.1 IF YOU CHOOSE TO BE CONNECTED WITH THE DOCTOR AN ELECTRONIC

SERVICE REQUEST NOTIFICATION WILL BE SENT TO THE DOCTOR. IF THE DOCTOR IS AVAILABLE, THE DOCTOR WILL SEND A LINK FOR TELECONSULTATION TO YOU AT A DATE AND TIME OF YOUR CHOICE AS INDICATED TO THE DOCTOR.

12.2 BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE

AND ACKNOWLEDGE THAT MYMEDICA IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.

12.3 PLEASE NOTE THAT MYMEDICA’S EMPLOYEES CANNOT PROVIDE YOU

WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH THE DOCTOR AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, MYMEDICA EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTHCARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.

13. Geo-Location Functionality.

13.1 The Services include and make use of certain functionality and services

provided by third parties that allow MyMedica to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo- Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

14. Credit Card Billing and Purchases.

14.1 MyMedica billing will be through of the payment gateways, FPX?

15. Refund Policy

15.1 There shall be no refund once services have been rendered. A refund will

be given where cancellation is made before a request has been accepted by the Doctor. After the Doctor has accepted a request, the user will be fully charged irrespective of whether the user cancels the visit or not. The Doctor will be notified if a visit has been cancelled by a user through the

application. A refund will also be given if the Doctor cancels a visit. The user will not be charged and the Doctor will not receive a payment for that visit. The user will also be given the option to request for another Doctor and the new transaction will be subject to the same refund policy.

16. Account Security.

16.1 You are responsible for all activity that occurs under your Account, and

you agree to maintain the security and secrecy of your Account username and password at all times. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. MyMedica will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device or using unencrypted email to discuss private matters with any Doctor, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

16.2 Once it is received, your personal information and that of any minor for

whom you are responsible is kept secure by MyMedica, the Doctor, and the Treating Providers, in accordance with applicable law.

17. License and Limitations on Use.

17.1 MyMedica grants to you a limited, personal, non-exclusive and non-

transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of MyMedica or the property of our licensors and are protected by copyright and other

intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by MyMedica. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

17.2 By using the Application or the Services, you agree that your use:

i. Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

ii ii. Will not cause nuisance, annoyance, disruption, or inconvenience to the Treating Providers;

iii iii. Will not impair the proper operation of the network;

iv iv. Will only be through access points or wireless data account (AP) which you are authorized to us

v. May involve standard messaging charges by your wireless provider.

 

18. MEMBER CONDUCT

18.1 We reserve the right to terminate your Member status if you misuse the

Application or our Services, or if you violate this Agreement including, without limitation, the following rules of conduct:

18.2 You may not:

i. Upload, post, or transmit to the Doctor or Treating Providers by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

ii ii. Impersonate any person or entity, including another Member, Treating Providers, or an employee of MyMedica, or falsely state or

 

 

otherwise misrepresent your affiliation with a person or entity;

ii iii. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

iii iv. Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”

iv v. Attempt to interfere with or disrupt our servers or networks;

vi. Deal directly with our healthcare professionals through whatever means outside the MyMedica platform including without limitation SMS, WhatsApp texting, social media messaging and e-mail;

vi vii. Stalk or otherwise harass another user or Member of our Services or any of our employees, or the independent Doctor or Treating Providers;

vii viii. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or Members, including user names or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

viii ix. Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.

 

19. DISCLAIMERS OF WARRANTIES.

19.1 YOU USE THE APPLICATION, THE SERVICES, INCLUDING THE DOCTOR’S

AND HEALTHCARE PROFESSIONALS’ SERVICES, AT YOUR OWN RISK. MYMEDICA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY MYMEDICA OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY THE MYMEDICA

OR HEALTHCARE PROFESSIONAL OR THROUGH OUR APPLICATION. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION SERVICES, THE DOCTOR AND HEALTHCARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MYMEDICA SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYMEDICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY THE INDEPENDENT DOCTOR AND HEALTHCARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN MYMEDICA’ LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. You acknowledge and agree that MyMedica does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third-party Treating Providers in the MyMedica network. You acknowledge and agree that the Treating Providers using the Application are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all medical services, advice, instructions, treatment decisions and other professional health care services performed, and that all diagnoses, treatments, procedures and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.

20. LIMITATION OF LIABILITY.

20.1 YOU ACKNOWLEDGE AND AGREE THAT MYMEDICA AND TREATING

PROVIDER SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM

YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYMEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM

 A. THE USE OR THE INABILITY TO USE THE OUR APPLICATION AND SERVICES;

 B. THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE OUR APPLICATION AND SERVICES OR ANY WEBSITES LINKED TO THE APPLICATION,

 C. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE OUR APPLICATION AND SERVICES;

 D. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

 E. STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE OUR APPLICATION AND SERVICES OR ANY DOCTOR OR HEALTHCARE PROFESSIONAL; OR (F) ANY OTHER MATTER RELATING TO THE OUR APPLICATION AND SERVICES. IN NO EVENT SHALL MYMEDICA’S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO MYMEDICA TO USE THE SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, MYMEDICA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent

 

 

 of our liability will be the minimum permitted under such applicable law.

 

21. DISCLAIMERS REGARDING DOCTOR AND HEALTHCARE PROFESSIONALS.

21.1 MYMEDICA DOES NOT EXPRESSLY ENDORSE ANY DOCTOR OR

HEALTHCARE PROFESSIONAL ON THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY THE DOCTOR OR HEALTHCARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE DOCTOR OR HEALTHCARE PROFESSIONAL AND NOT MYMEDICA. RELIANCE ON ANY INFORMATION PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL ON OR THROUGH THE OUR APPLICATION AND SERVICES IS SOLELY AT YOUR OWN RISK. MYMEDICA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID DOCTOR OR HEALTHCARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE OUR APPLICATION AND SERVICES. DOCTOR AND HEALTHCARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH DOCTORS ARE BETWEEN YOU AND THE LICENSED DOCTOR. BY USING THE SERVICE, YOU AGREE NOT TO HOLD MYMEDICA LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE DOCTOR MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL MYMEDICA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION

WITH YOUR USE OF THE OUR APPLICATION AND SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A DOCTOR OR HEALTHCARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY DOCTORS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE OUR APPLICATION AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH DOCTOR AND HEALTHCARE PROFESSIONALS PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.

22. Indemnification.

22.1 You agree to defend, indemnify, and to hold harmless MyMedica and

Treating Provider, together with their respective affiliates, directors, officers, agents and employees, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to:

 a) your use of our Application and Services or your inability to use our Application and Services; or

 b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold MyMedica (and its officers and directors) harmless applies whether a claim against MyMedica is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the our Application and Services and caused damage to you or to any third party and/or your use and access to the our Application and Services. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third-party claims resulting from

 

 

 your lack of adherence with the advice or recommendation(s) of such Treating Provider. This indemnification section shall survive your termination of or cessation of use of our Application and Services.

 

23. Business Uses of Our Services

23.1 If you are using our Services on behalf of a business, that business accepts

these terms. It will hold harmless and indemnify MyMedica and Treating Provider, together with their respective directors, officers, affiliates, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.

24. Governing Law.

24.1 This Agreement contains the final and entire agreement between us

regarding your use of our Application Services for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change our Application and Services, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Malaysia applicable to contracts made entirely within Malaysia and wholly performed in Malaysia, without regard to any conflict or choice of law

principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Malaysia.

25. Assignments.

25.1 MyMedica may assign its rights and obligations under this Agreement.

This Agreement will inure to the benefit of MyMedica’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

26. Force Majeure

26.1 MyMedica shall not be liable to you as a result of any delay or failure to

perform its obligations under the Terms and Conditions as a result of the Force Majeure Event.