Doctor On-line
Terms of Use for Patients
Please read the following Terms and Conditions carefully (this “Agreement”) before accessing and/or using any website <Doctor On-line website> (“Website”), and the Doctor On-line mobile application together with its various functionalities (“Application”) (collectively, the “Platforms”). The application is a software solution offering customers access to a network of healthcare and wellness providers and healthcare and wellness services (“Services”).
By accessing and/or using any Doctor On-line Site and/or the application on a mobile device (“Device”) and using the platforms, you hereby agree to be legally bound by these Terms of Service and all other terms and policies that appear on the platforms (including any terms set out in our privacy policy at <Doctor On-line website> or on the application and the FAQs.
This Agreement is made between Dytan Health On-line Sdn Bhd (“Doctor On-line”, “us”, “we” or “our” as the case may be) and you (collectively the “Parties”) with respect to your use of the Platforms and any functionalities, services or features offered via or in connection with the Platforms, and references in this Agreement to the use of any of the Platforms extend to the use of such functionalities, services or features as well. The Services may be provided by Doctor On-line, our related companies, Healthcare Providers on Doctor On-line’s panel or partners (including suppliers or delivery service providers of products/medication).
We reserve the right, from time to time and without prior notice, revise and/or upgrade whether in whole or in part, our Platforms and shall not be liable if any such revision and/or upgrades prevent you from accessing our Website or any part of our Platforms. You acknowledge and agree that it is your sole responsibility to check these Terms of Use periodically for any updates. That said, your continued use of our Platforms following the posting of any updates constitutes of your full acceptance of those changes.
If you do not accept these Terms of Service or are ineligible to use the platforms, please leave the Doctor On-line Sites and discontinue the use of all Doctor On-line Sites and/or all Services immediately.
IMPORTANT: DO NOT USE THE VIDEO CONSULTATION FUNCTIONALITY ON THE APPLICATION FOR A MEDICAL EMERGENCY. If you are experiencing a medical emergency, please consult a doctor in person or call the emergency medical services number immediately.
1. COMPLIANCE WITH LEGAL AGE RESTRICTIONS
1.1 By agreeing to these Terms of Use, you represent that you are at least the age of Eighteen (18) as per Section 11 of the Contracts Act 1950, or if you located overseas, you are at least the age of majority in accordance with the applicable laws in your country.
1.2 If you are under 18 years of age, you may only use our Platforms with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
1.3 If you are using the Services on our Platforms on behalf of a minor, you must be present during any video or physical consultation with the minor. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of products for the minor. You are assuming the obligations of this Agreement as they relate to the minor.
1.4 If you are using the Services on our Platforms on behalf of a geriatric with special needs, including but not limited to vision and hearing difficulties, you must be present during any video or physical consultation with the geriatric. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of the products for the geriatric. You are assuming the obligations of this Agreement as they relate to the geriatric.
1.5 You shall not access and/or utilize any of our Platforms for any illegal and/or unauthorized purpose and/or to violate any laws in your jurisdiction that include, but not limited to relevant copyright laws.
2. YOUR ACCOUNT
2.1 You will need to have an account in order to access the Services via the Platforms. You may sign up for an account on the Platform. The registration process requires you to provide your personal information, including your name, ID/passport number, policy number, date of birth, address, telephone number, email address and/or such other information as may be required by us.
2.2 You shall comply with all security procedures applicable to the Platforms which we may introduce from time to time.
2.3 Every users of our Platforms are solely responsible for keeping passwords and other account identifiers safe and secure. You as the account owner is entirely responsible for all activities that occur under such password or account. You shall, in your sole responsibility, maintain the confidentiality of your account information for the Platforms (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorized use thereof. You shall not at any time disclose such account information to any other party.
2.4 If you believe that the security of your account information has been compromised, you shall notify us immediately. It is agreed that we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.
2.5 By signing up for an account via the Platforms, you represent and warrant that:
(a) you have the full right, power, and legal authority to enter into this Agreement;
(b) all information, data, and particulars that you provide are complete, accurate, true, and correct;
(c) you will use the Platforms for your personal use only and you will not authorize other persons to use your account nor transfer or assign it to any other person (with the exception of accounts established for children of whom you are the parent or legal guardian or geriatrics, as described below).
2.6 We do not store your payment information and have no access to it. The payment information that you enter is securely stored via the merchant you selected and linked to your user profile on our Platforms.
2.7 We reserve the right to terminate your membership at any time if you breach these terms and conditions.
3. YOUR USE OF OUR PLATFORMS
3.1 Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-sublicensable and non-exclusive license to use the Website and/or Application on the Device for the purpose of obtaining the Services. All other rights not expressly granted to you are reserved by Doctor On-line.
3.2 Without prejudice to the generality of the foregoing and as condition of your continued use of our Services and/or access to our Platforms, you shall not (and shall not, knowingly or otherwise authorize, allow or assist any third party to):
(a) modify or adapt the whole or any part of the Website and/or Application, or permit the Website and/or Application or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
(b) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Website and/or Application or any components thereof;
(c) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense, or create derivative works or adaptations based on the whole or any part of the Website and/or Application;
(d) use the Website and/or Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable laws, including infringement of our intellectual property rights or those of any third party in relation to the Application;
(e) use the Website and/or Application in a way that could damage, disable, impair, or compromise the Application (or the systems or security of the Website and/or Application or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of the Website and/or Application and/or Doctor On-line;
(f) post or transmit any file or email which contains viruses, worms, Trojan horses, or any other damaging or destructive elements;
(g) use any automated process or service to access and/or use the Website and/or Application;
(h) provide, distribute, or share, or enable the provision, distribution or sharing of, the Website and/or Application (or any data associated therewith) with any third party;
(i) Post false, inaccurate, misleading, defamatory, or libellous content (including personal information) on third party sites;
(j) Take any action that may undermine the feedback and/ or ratings systems on bad faith on third party sites;
(k) Use existing user accounts or create new user accounts in order to circumvent and/or manipulate our monitoring system and/or processes in a manner that is fraudulent to enjoy any of our promotions and/or privileges; and
(l) Exploit and/or attempting to exploit any benefits provided on our Platforms (including but not limited to discounts and/or coupons) by signing up for multiple accounts and/or procure any of our services with no intention to complete the same;
(m) Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through our Platforms. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory; and
(n) Authorise or encourage anyone to do any of the foregoing.
3.3 Accordingly, you shall conduct yourself in accordance with good public order and morals, and shall refrain from:
(a) Persistently raising complaints without any reasonable grounds or justification; and
(b) Engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
4. SERVICES
(I) General
4.1 It shall be your sole responsibility, at your own cost:
(a) to obtain all necessary hardware, software, and communications services necessary for your use of the Application. Any network connectivity costs shall be born exclusively by you;
(b) to take your own steps to ensure the security of your Device; and
(c) to make back-ups of data or other content posted via the Application, as these may be subsequently deleted by us or our service providers at any time without notice to you.
4.2 You agree that:
(a) You are responsible for the correctness and accuracy of the information, particulars, statements, photographs, laboratory test results, or diagnostic images furnished by you to Doctor On-line and/or the Healthcare Provider.
(b) you are responsible for entering in the correct registration details to link your health insurance or to enjoy any corporate benefits. No refunds will be provided if you proceed with a transaction without the appropriate registration details;
(c) you shall be personally liable for, and to pay, any fees or charges in accordance with any terms in effect at the time they are incurred;
(d) the licenses granted herein do not confer on you any rights to use any other intellectual property rights of Doctor On-line, our affiliates, par,tners and/or licensors (as the case may be), including “Doctor On-line”, the Doctor On-line logos and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platforms, all of which are and remain the property of Doctor On-line, our affiliates, partners and/or licensors (as the case may be); and
(e) you shall comply with all applicable laws.
4.3 We shall have the right to at any time and from time to time:
(a) automatically update the Application and its components on your Device, add or remove functionalities, features, or services (collectively, “Application Functions”);
(b) vary user account rights or impose user account restrictions, resource limits, or fees or suspend or terminate Application Functions and/or user rights; and/or
(c) deny or restrict access to the Application or any Application Functions whether to any user or generally, or to block access from or to any resources at any time without ascribing any reasons whatsoever; and
(d) in any such event, you agree that no claims shall lie against us, our related companies, our agents, our partners, or our service providers in connection therewith.
(II) Video Consultation/Telehealth Services
4.4 Doctor On-line may offers various healthcare/telehealth services on the Platforms including medical consultations, mental wellness consultations, and other health and wellness services (“Healthcare Services”).
4.5 If you are using the video consultation functionality, you acknowledge and agree that:
(a) You may arrange and schedule video consultations with providers who deliver the Healthcare Services (“Healthcare Providers”);.
(b) All requests for video consultation shall be subject to the Healthcare Providers’ acceptance in his/her sole discretion and each consultation accepted by a Healthcare Provider shall constitute a separate agreement between the Healthcare Provider and you, to which neither Doctor On-line nor our affiliates are a party to;
(c) The Healthcare Providers are independent professionals. Each Healthcare Provider is responsible for his/her Healthcare Services rendered to you and compliance with the requirements of his/her profession and license;
(d) You shall ensure that the internet connection to which your Device is connected is of sufficient quality and strength to host a video consultation, otherwise video and/or audio quality may suffer;
(e) Once your request is accepted, the Application may provide your information to the Healthcare Provider, including your name and, identification number. You agree to provide proof of identity (which includes a valid photo identification, company identification and/or insurance card) and such information as requested by the Healthcare Provider to verify your identity at the start of or at any time during the video consultation. You acknowledge that you may be denied Healthcare Services if you refuse to provide proof of identity or assume a false identity. The Healthcare Provider reserves the right to decline to accept any request for video consultation through the Application in its absolute discretion;
(f) You acknowledge that there are inherent limitations to video consultations and that in respect of certain medical situations, physical consultations may be a more appropriate medium for medical evaluation, diagnosis and/or consultation. Such medical situations include, but are not limited to: (i) situations requiring urgent care or emergency conditions; (ii) serious conditions (e.g., breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; and (iv) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities;
(g) Doctor On-line does not, and shall not be deemed to, direct or control the Healthcare Provider generally or in the Healthcare Provider’s performance under
this Agreement specifically, including in connection with the Healthcare Provider’s provision of Healthcare Services or the Healthcare Provider’s acts or omissions;
(h) Any opinions, advice or information expressed by the Healthcare Provider are those of the Healthcare Provider alone and they do not reflect the opinions of Doctor On-line;
(i) You shall comply with any advice by any Healthcare Provider to consult a doctor or other healthcare professional in person or seek emergency or other treatment;
(j) You shall (i) comply with any instructions given in relation to any prescription provided to you including, in particular, route, timing and dosages; (ii) promptly report any side effects of any prescription to a doctor; (iii) check the labels of the medication prescribed to verify the medication matches the prescription before consuming the medication delivered; (iv) protect anything prescribed to you and not permit any other person access to the prescribed medication; and (v) not use any prescription after its expiry date;
(k) Upon the completion of the Healthcare Services, we will issue a receipt to you via email or in such other manner as determined by us on Healthcare Provider’s behalf;
(l) You shall not record in any media your interactions with Healthcare Providers through the Application;
(m) You shall not conduct yourself in an inappropriate manner when interacting with the Healthcare Provider, or display/upload any inappropriate or medically-irrelevant images to the Application. Any such conduct may result in the termination of your Account and/or deletion of the images from the Application; and
(n) You shall comply with Doctor On-line’s cancellation terms set out in the terms below.
5. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
5.1 You are solely responsible for the correctness and accuracy of the particulars, statements and images, including your symptoms, health history, photographs, laboratory test results or diagnostic images furnished/uploaded by you to the Healthcare Provider. These records must be uploaded onto secure Doctor On-line platform after successful registration and sign-in in order to remain protected and confidential. We are not liable to any records, data, pictures or documents submitted by any other means such as personal email, mobile, sms or any messaging platform.
5.2 Any reliance on the material on our Platforms is at your own risk. Our Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Platforms at any time, but we have no obligation to update the same. You agree that it is your responsibility to monitor changes to our Platforms.
5.3 We shall have no liability whatsoever in the event we provide reference information and/or contents provided by a third party and/or links on our Platforms for your convenience, and you agree to visit such third party sites at your own risk, if any. For avoidance of doubt, we are not responsible for examining and/or evaluating, and does not warrant the products or services of such business or individual or the content of their web sites. We do not assume any responsibility or guarantee or liability for the actions, goods, services and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
5.4 We have made reasonable efforts to post current and accurate information on our Platforms. However, you agree and acknowledge that we assume no responsibility for any errors, omissions and/or inaccuracies whatsoever in the information provided on our Platforms. Under no circumstances, will we be liable for any loss or damage caused by your reliance on information obtained through our Platforms. It is your sole responsibility to evaluate the accuracy, completeness and/or usefulness of any information provided, and use of our Platform is solely at your own risk.
6. DELIVERY OF MEDICATION
6.1 Delivery charges, if any, shall be as set out in your receipt. A surcharge will be imposed for delivery or home services to secured locations listed in the FAQs on the Website or the Application or any other locations as updated from time to time in the FAQs. Doctor On-line reserves the right not to deliver medication to certain remote/secured areas.
6.2 You acknowledge and agree that:
(a) delivery of the medication is subject to availability of the medication;
(b) the delivery of the medication by Doctor On-line is provided on a reasonable effort basis, within the delivery timeframe stated on the Application;
(c) while stock information on the Application is updated regularly, it is possible that in some instances a medication may become unavailable between updates;
(d) all delivery timeframes given are estimates only and delays can occur; and
(e) if the delivery of your medication is delayed, Doctor On-line will inform you accordingly via e-mail and the medication will be dispatched as soon as it becomes available to Doctor On-line. Doctor On-line (and any of its agents) shall not be liable for any delay in delivery of your medication howsoever caused.
6.3 Doctor On-line and its delivery service partners will make the best effort to contact you to complete the delivery of the medication, or home-based services during the selected timeslots. If you are not present at the stated address at the time of delivery, additional charges may be imposed for the redelivery of the order or an additional trip for the home-
based service. Prescribed medications will not be left at the designated address if you are not present at the time of delivery.
6.4 If you fail to take delivery of the medication (otherwise than by reason of Doctor On-line’s fault) then without prejudice to any other right or remedy available to Doctor On-line, Doctor On-line (or any of its agents) shall not be liable for any failure to deliver your medication.
7. PAYMENT
7.1 You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable via credit card/debit card. You agree to ensure that any information or data you provide to us in connection with your payment details is accurate.
7.2 We may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities. You agree that you will provide such information and/or documentation promptly to us upon request. If you fail to do so promptly, we may, without any liability to you, either limit your use of, or suspend your account.
7.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
7.4 By providing Doctor On-line with your credit card number and associated payment information, you agree that Doctor On-line is authorized to immediately invoice your credit card/debit card for all fees and charges due and payable to Doctor On-line hereunder and that no additional notice or consent is required.
7.5 If your health plan, insurer, employer or agency has arranged with Doctor On-line to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Doctor On-line, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan, insurer or agency to determine if any fees or charges will be reimbursed.
7.6 If your health insurance coverage or employee benefits does not include or is not sufficient to satisfy the charges for the Services in full, you may be fully or partially responsible for payment.
7.7 In connection with your use of the Application, you shall bear the following fees and charges (collectively, the “Fees”):
(a) in respect of video consultation, a consultation fee for each completed Healthcare Service requested by you through the Application calculated based on the rates as
prescribed by Doctor On-line on the Application from time to time, and any medication purchased at the price as stated on the Application; and
(b) delivery fees (if any).
7.8 For the avoidance of doubt, Doctor On-line’s determination of the Fees shall be final, conclusive and binding on you.
7.9 All Fees shall be paid in advance, are non-refundable save as permitted under applicable refund policies as may be notified to you, and you further agree to bear all taxes and other duties payable thereon.
7.10 We may use payment processing agents to process your payment of any Fees. When you provide us with your credit card/debit card details, you authorize us and/or our payment processing agents to charge your credit card/debit card account automatically upon the expiry of each payment period as applicable in relation to the Fees. If we cannot charge your card successfully, we have the right to immediately terminate the transaction and/or access to your account. For clarity, all payment processing services for payment methods facilitated by third party payment service providers, made available shall be subject to or governed by their respective separate additional terms. In the case of debit cards or credit cards as funding sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card. Unless otherwise stated, Doctor On-line shall not be liable for any fees raised by third parties including card issuers or banks.
7.11 You shall be responsible to resolve any disputes with your debit or credit card company on your own.
7.12 If you have any promotional codes, you are responsible for keying in the correct promotional code into the Application at the time of payment. Doctor On-line shall not be liable for any failure to key in the promotional code or for your keying in of an incorrect promotional code. No refunds or cancellations of the transaction will be entertained in such circumstances.
8. CANCELLATIONS AND REFUNDS
8.1 Unless as otherwise determined by Doctor On-line in its sole discretion, no refunds will be given for any consultation (which is either completed or terminated by you), purchased medication, missed appointments or any other orders by you, once payment has been made by you via our Application.
8.2 In respect of the Video Consultation function: In the event that you cancel a scheduled appointment less than 24 hours in advance or if you miss a scheduled appointment, you will not be entitled to a refund of such fees already paid.
8.3 In the event you are entitled to any refund for any reason in respect of any products or services on the Doctor On-line Platforms, you agree that Doctor On-line will issue you with a refund to the same credit card/debit card that was used in making payment. We may require you to provide additional information prior to processing any refund and you agree to cooperate with us.
8.4 For any cancellation of service, 5% of purchase value fees will be charged due to such cancellation and return processing fees in accordance to Consumer Protection Act 1999.
9. PRIVACY
9.1 We use your information only as described in our Privacy Policy. We view protection of your privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your Information being transferred or used in this way, please do not use our services.
10. DISCLAIMER OF WARRANTIES AND LIABILITY
10.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
(a) we do not warrant or make any representations that the Website and/or Application is the appropriate channel of consultation for your particular healthcare problem, or meets your specific requirements. Doctor On-line disclaims any liability for, any use of the Website and/or Application for the provision of any emergency services or where diagnosis or treatment-in-person is required. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions including without limitation: (i) urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; (iv) any condition deemed during a video consultation via the Application to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition
requiring further investigations including but not limited to laboratory tests, and imaging modalities;
(b) you may be issued with a prescription for medicine by a Healthcare Provider and may be prompted to use delivery services for delivery or fulfillment of prescription medicines. You are under no obligation to purchase any prescribed medication. Healthcare Provider will use its best endeavors, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. Doctor On-line shall not be responsible for (i) ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by Healthcare Provider; and (ii) any instructions in relation to the medication provided by the Healthcare Provider or anyone else associated with the provision of medication you have been prescribed;
(c) we are not responsible for any of the information made available or accessed on or through the Website and/or Application or any decisions made by you based on any information made available or accessed on or through the Website and/or Application;
(d) we do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website and/or Application and that any arrangement entered into between you and any Healthcare Provider, or any third party named or linked to or from the Website and/or Application is at your sole risk and responsibility. The inclusion of Healthcare Providers on the Website and/or Application does not imply a recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein;
(e) the Website and/or Application (together with any Services, or other content, material or information available on the Website and/or Application) are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. Your use of the Website and/or Application is at your own risk;
(f) the Website and/or Application may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Website and/or Application may be made public on the Website and/or Application, and read or intercepted by others
(g) Doctor On-line does not warrant and hereby disclaims any representation, warranty or term with respect to the Website, Application and/or the Application Functions, whether express, implied or statutory, including but not limited to:
• merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website, Application and/or the Application Functions;
• the Website, Application and/or the Application Functions being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Website, Application and/or the Application Functions and any related computer system is and will be free of all viruses and/or other harmful elements. For avoidance of doubt, we shall not be responsible for any delays, delivery failures, damages or losses resulting from such errors and/or defects;
• the Website, Application and/or the Application Functions and any related computer system is and will be free from any unauthorized access, intervention, hacking, sabotage, fraud or infiltration by third parties; and
• the Website, Application and/or the Application Functions being compatible or working with any third party software, applications or third party services
10.2 Doctor On-line and its partners is not liable for:
(a) the potential and inherent risks associated with remote medical consultation and prescription through a Device, including without limitation: (i) the information transmitted by you or the Healthcare Provider may not be sufficient or accurate (e.g. poor lighting or sound) to allow for appropriate healthcare decision making, thus necessitating consultation with a doctor in person; (ii) reliance on self-measurement and reporting of symptoms, including body temperature, blood pressure and weight, may result in inaccurate evaluation and diagnosis; (iii) a lack of access to all your health records; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment;
(b) any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or the Platforms or Services performing any transactions, purchase, arrangement of delivery of the product and obtaining and/or making any payment of any monies belonging to you;
(c) any loss caused to or damage incurred or suffered by you or any person by reason of your erroneous, wrongful or fraudulent uploading of information, images, laboratory test results or diagnostic images, or provision of information by you to the Platform or the Healthcare Provider for the purposes of your use of the Platform or the Services;
(d) any loss, damage or, liability which may arise in connection to Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from Doctor On-line’s liability;
(e) any suspension, discontinuation, upgrade or modification to the Application or Application Functions which we may carry out from time to
time without giving any reason or prior notice to you which affects your use of the Services, Application and/or the Application Functions.
10.3 The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from Doctor On-line’s gross negligence and/or recklessness.
10.4 In addition, our Platforms may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your discretion and risk. We do not accept any responsibility in connection with your participation in activities conducted by any other party.
11. INDEMNITY
11.1 You agree to fully indemnify and hold harmless Doctor On-line, our affiliates, related companies, members, officers, employees, agents, partners and service providers (collectively, the “Indemnitees”) from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Application; (b) your breach of this Agreement and any terms relating to your use of the Application; (c) your access or use of the Application; (d) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (e) your breach of any rights of any other person.
12. LIMITATION OF LIABILITY
12.1 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with our Platforms is to request for termination of your account and/or discontinue any use of our Services on our Platforms.
12.2 To the maximum extent allowed under applicable law:
(a) the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Website and/or Application, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any content or any other information made available or accessed on or through the Application or contained in or available from the
Application or your use or reliance on any products or services available on or accessed via the Website and/or Application and/or the Application Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
(b) in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application or any third party software or applications in conjunction with the Application, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
12.3 In the event that Doctor On-line is held liable, Doctor On-line shall only be responsible for direct losses or damages which may be reasonably expected to result from the circumstances and provided such losses and damages were caused by Doctor On-line’s gross negligence or willful default.
13. TERMINATION
13.1 We have the right to terminate or suspend your account in our sole and absolute discretion without prior notice to you, for any reason at any time. Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you.
13.2 You may deactivate/terminate your Account at any time, for any reason by navigating to the “Account Deletion” page within our Application. Alternatively, you may deactivate/terminate your Account by sending an email to <hello@doctorOn-line.com>
13.3 After such termination, Doctor On-line:
(a) will have no further obligation to provide the Services to you, except to the extent we are obligated under the applicable law to provide you access to your health records; and
(b) subject to applicable law and the Privacy Policy, reserves the right to retain, delete or destroy all information, communications and materials stored, posted or uploaded to the Application pursuant to its internal record retention and/or content destruction policies, including but not limited to, your personal data and medical records.
13.4 Upon termination, you will cease to use the Platforms immediately.
13.5 To the extent permitted by applicable law, the disclaimers, indemnities, limitations of liability, termination and your representations and warranties shall survive any termination of this Agreement.
14. FORCE MAJEURE
14.1 Neither Doctor On-line nor any providers of Services under this Agreement shall be liable for delay in performing obligations or for failure to perform obligations under this Agreement if the delay or failure resulted from events, causes and circumstances beyond its reasonable control, including but not limited to, Movement Control Order (MCO), acts of God, governmental acts (including directives issued by regulators and amendments to legislation), shut down or failure of telecommunications facilities or networks, failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, epidemics, flood, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials. Notwithstanding, it is agreed that payment obligations shall continue even in the case of Force Majeure.
15. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
15.1 We are the sole owner or lawful licensee of all the rights and interests on our Platforms. All title, ownership and Intellectual Property Rights on our Platforms shall remain with us, our affiliates and/or licensors of our Platforms, as the case may be. All rights not otherwise claimed under these Terms and Conditions and/or by us are hereby reserved.
15.2 All of our related icons and/or logos are registered trademarks and/or trademarks or service marks owned or licensed by us and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
15.3 Copyright and other intellectual property rights in the content of our Platform, including, but not limited to, any marketing and promotional materials, brochures, advertisements, concepts, video footages, photographs belongs to us or its licensors (who have expressly licensed content to us). All rights, save as expressly granted, are reserved. If you are in doubt whether an item is copyright or our trademark, please contact us at hello@doctor-online.io for clarification.
16. GOOD FAITH NEGOTIATION
16.1 The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be
commenced by either party giving written notice to the other). In the event that such a dispute cannot be resolved by amicable negotiations within sixty (60) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Malaysia which courts shall have exclusive jurisdiction.
17. GENERAL
17.1 This Agreement, the Privacy Policy and the documents in it, constitutes the entire agreement and understanding between you and Doctor On-line relating to the Application and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of Doctor On-line which is not set out in this Agreement. Nothing in this Agreement shall however operate to limit or exclude liability for fraud or gross negligence or recklessness not attributable to us.
17.2 If any provision of these terms and conditions is found to be illegal, void or unenforceable under the law, these terms and conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as we may decide or the parties may agree, as the case may be.
17.3 No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
17.4 We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
17.5 Doctor On-line may give notice by means of a general notice on the Application, or by electronic mail to your email address, by SMS to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in Doctor On-line’s records. You may only give notice to us in writing sent to our designated address or e-mail address.
17.6 Notices shall be deemed to have been duly given and received upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by registered mail), 2 (two) hours after sending (if sent by email), provided that no automated message is received stating that the email has not been delivered, or immediately (if sent by SMS). Notices on the Application shall be deemed to have been received by you whether or not you actually access the notice. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
17.7 We reserve the right to delegate or sub-contract the performance of any of our Application Functions or Services or other obligations to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.
17.8 You may not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under this Agreement to any affiliate or third party at our sole discretion.
18. GOVERNING LAW AND JURISDICTION
18.1 This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia.
QUESTIONS?
If you have any questions on this Agreement, our policies or FAQs, or if you have any difficulties with the Website and/or Application or payment, please contact us at +6012-5166358 or email at hello@doctor-online.io.
Last updated: 12th September 2023
Effective date: 12th September 2023