Terms of Use
Terms of Use for T&CM Practitioner of ETCM
Important – please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.
The terms and conditions stated herein (collectively, the “Terms of Use” or this “Agreement”)) constitute a legal agreement between you and MY E TCM SDN BHD. (Company Reg No. 1132320-T) (the “Company”). In order to use the Service (each as defined below) you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the ”Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable T&CM Practitioners completing the daily work (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at http://www.etcm.me or through the Application.
The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.etcm.me. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (“the Alternate Country”) where upon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.etcm.me.
The Company is a technology company which provides a complete web-based as well as a supplementary mobile app Traditional Chinese Medicine(TCM) system (hereinafter referred to as "System") for the operation of their respective medical halls. The System allows patients to make appointments with TCM Practitioners. TCM Practitioners also has the option to engage the services of selected medical centers for herbal remedies brewing or granules dispensary. In addition, patients may also choose to make appointments with TCM Practitioners of their choice through the etcm website -- http://www.etcm.me
TRADITIONAL & COMPLEMENTARY MEDICINE(T&CM) PRACTITIONER OBLIGATIONS, UNDERTAKINGS AND CONSENT
o You hereby undertake that if you are agreeing to these Terms of Traditional and Complementary Medicine (T&CM) Practitioner's (hereinafter referred to as "Practitioner") Use and Privacy Policy on behalf of another person or any legal entity, that you are duly authorised to do so.
o You also undertake to inform us of any pending or decided cases/complaint against you in Malaysia/abroad for medical negligence and/or medical offences.
o You represent and warrant that you are qualified to provide Traditional and Complementary Medicine （T&CM） services within the territory of Malaysia.
o You represent and warrant that you have obtained all licenses as required by law to provide TCM services and have not committed any act or omission that might prejudice its continuance or renewal.
o You hereby undertake and agree that if you permit your Workforce to use the System and the Services on your behalf, subject to compliance with this Agreement, you will train all members of your Workforce with respect to compliance with this Agreement relating to their access to and use of the System, Site and the Practitioner Services, and ensure that they comply with such requirements. You further undertake to take appropriate disciplinary action against any member of your Workforce who violates these Terms and Conditions or the Privacy Policy.
o You hereby undertake and agree that in case of any loss or injury caused to the Company or any third party including Users, due to the illegal activity committed through your account by your Workforce or you, you shall be solely responsible and liable for the consequences.
o You hereby consent to immediately notify the Company of any actual or suspected unauthorized use or breach of the Practitioner's Account. You hereby agree that the Company shall not be liable for any direct or indirect losses caused to you by any unauthorized use of Practitioner Account, and you shall be liable for the losses caused to the Company or others, due to such unauthorized use.
o The verification of mobile number and / or the email shall be compulsory without which the Company will not create a Practitioner Account.
o If you register on the Site and successfully get a Practitioner Account, You shall be responsible for maintaining the confidentiality of the account, including display name and password of the account, and you shall be responsible for all activities that occur under Practitioner's Account.
o You hereby declare and verify that all information provided by you, is true, accurate and genuine. You hereby agree that in case any information provided is not true or accurate or genuine or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Practitioner's Use, then the Company shall have the right to indefinitely suspend or terminate or block access of Practitioner's Account on the Site.
o You agree not to access (or attempt to access) any of the Practitioner Services by any means other than through the interface that is provided by the Company.
o You agree that your use of the Site and System is subject to verification by us of your identity, qualifications, documents and credentials as a Practitioner.
o You agree and warrant that you will be in compliance of all applicable laws while using the Site, Services or providing services through the Site.
o You agree that we may terminate your access to or use of the System and Services at any time if we are unable at any time to determine or verify your qualifications or credentials.
o You agree that we may use and disclose your Practitioner Account information for such purposes, including (without limitation) making inquiries through third parties concerning your identity and professional and practice credentials. You authorize us to disclose to third parties such information as required for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information.
o The Company may, at its sole discretion, suspend Practitioner's ability to use or access the Practitioner Services at any time while the Company investigates complaints or alleged violations of this Agreement, or for any other reason.
o Use of the Site and the Services by you, shall be solely at the discretion of the Company. The Company reserves its right to add, delete, withdraw or discontinue its any Service or Site in part or whole.
o The Company reserves, at its sole discretion, the right to refuse any Practitioner to access the Site or avail any Services, without assigning any reason.
o You hereby agree, declare and warrant that You are fully authorized and have taken all requisite approvals from the person (if any), on whose behalf, you are acting on the Site.
o You will cooperate with us in the administration of the System, including providing reasonable assistance in evaluating the System and collecting and reporting data requested by us.
o You hereby agree that you will implement and maintain appropriate administrative, physical and technical safeguards, and reasonable and appropriate security precautions to protect the User Information or any other System information, from any unauthorized use or access.
o You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the System, and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating such breach.
o You hereby understand and agree that the relationship between you and the User or patient, shall be independently governed as per the Applicable Laws.
o You warrant and agree that you shall be solely responsible for the professional services you will be providing to the User or the patient, including any consequential or incidental loss or injury.
o You shall be solely liable for your dealings and interaction with patient or User, his/her representatives or affiliates.
o You hereby understand and agree that the Company is only providing a platform to enable User and Practitioner to interact with each other, without any professional intervention of the Company.
o You warrant and agree that any material provided by you, will not infringe any intellectual property or any other right of any third person, and will not be in contravention of any other applicable laws.
o You will ensure that you are in compliance of all applicable laws, regulations and conventions.
o You hereby understand and agree that you acquire no ownership rights in any Practitioner Account.
o You hereby agree and undertake that you will not or attempt to:
a. impersonate any other Practitioner, person or entity,
b. misrepresent your affiliation with the Company;
c. use the Site or Services to violate any local, state, national or international law;
d. use abusive or derogatory language while communicating with the patients and Users;
e. transfer, assign or sublicense their Practitioner Account or right to use the Practitioner Services to any third party;
f. use the Practitioner Services provided by the Company for any unauthorized and unlawful purpose; and
g. engage in any activity that interferes with or disrupts the Practitioner Services, Site or System.
MOBILE APP RELOAD FOR PRACTITIONER SERVICES
o Practitioner will be required to make a minimum credit Reload of MYR 200 into the 中医帮 mobile app for the subsequent use of the brewing granules dispensing, and appointment services offered on the mobile app.
o For appointment services, upon each successful attended appointment, a minimum fee of MYR 5will be automatically deducted from the Reload credit.
o The Company offers its services on "as is" basis and has the sole right to modify any pricing, feature or customize them at its discretion and there shall be no obligation to honour customization requests of any Practitioner. Any fee charged is exclusive of any customisation costs.
o The Company will not be liable for the non-availability of the services due to circumstances beyond the Company's reasonable control, including, without limitation, telecom outages, 3rd party server issues, internet service provider failures or delays, acts of God, acts of government, flood, fire, earthquakes, civil unrest, labour issues, acts of terror and strikes or other such problems.
o The Company will inform the Practitioners about the planned downtime with at least an 8 hours' notice. The Practitioner Services will not be available during that period.
o The Practitioners will be solely responsible to ensure that there is sufficient credit available at all times for the appointment service. The Company will not be liable or responsible to send any reminders to the Practitioners for this purpose. If the Practitioners do not ensure sufficient credit available, the Company reserves the right to suspend and remove the Practitioner account.
o For making the payment of the app credit Reload, the Practitioner will be directed to the portal of the third party, which has been outsourced by the Company, to receive payment.
o For any of the payment method opted by the Practitioner for making payment on the portal of the outsourced party/agency/service provider, and thereafter by entering banking information and details on that portal while making payment, the Company does not assume any liability, and shall never be responsible for any direct or indirect costs, charges, expenses, damage or loss suffered by the Practitioner, as the Company has outsourced third party(s) for receiving such payment, who is an independent party, and the Company has no access or control over any information and details inserted by the Practitioner when making or attempting to make any payment. Unless otherwise stated, all fees shall be quoted in Malaysian Ringgit (MYR).
o Reload credit is non-refundable and non-transferrable.
o The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Users or any third party through the Practitioner Services.
LISTING OF PRACTITIONER INFORMATION
o Your personal profile describing your credentials, experience, academic background, awards, papers published shall be available for viewing by Users and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be edited or deleted by you at any time.
o The Company automatically enables the listing of Practitioners' information on its Site. This information listed on Site is displayed when Users search for Practitioners for based on the criteria displayed on the search page.
o The Company reserves the right to list Practitioners who are not party to this Agreement. The Company reserves the right to modify the listing of Practitioners on its Site. In case Practitioner or Practice wishes to change or remove information as listed and displayed on the Site or disable appointment requests, or any User Services, the Practitioners or Practices can do so by contacting the Company through the Contact Us form on the Site.
LISTING ALGORITHM:
o The Company's listing algorithm for the Practitioners is a fully automated system that lists the Practice and Practitioner, their profile and information regarding their practice on its Site when the User searches for any User Service. These listings do not represent any fixed objective ranking or endorsement by the Company. The Company will not be liable for any change in the listing order of the Practitioner, which may take place from time to time. The listing of Practitioner will be based on automated computation of the various factors including inputs made by the Users including their popularity. The ranking algorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioner on the Site. The Company will not be liable for any consequence on the Practitioner or his Practice arising out of the listing order generated by the algorithm.
USER APPOINTMENT
o The Company is not responsible if the User cancels the appointment later or does not inform you of a cancellation in advance.
o Any changes to the Practitioner’s available appointment dates and time slots shall be communicated clearly to the Company via written notice.
CONTACT US
o If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature.
ETCM.ME SERVICES GENERALLY - DISCLAIMER
TCM Medical Centres and Practitioner content/information are provided by the respective centres/Practitioners, and while the Company appoints moderators, neither the Company, nor the moderators are responsible for the content of listings on the platform.
Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen(18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
By using the Software or the Application, you agree that:
o You will only use the Service for lawful purposes;
o You will only use the Service for the purpose for which it is intended to be used;
o You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
o You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
o You will not use the Service, Application and/or Software for purposes other than obtaining the Service;
o You will not impair the proper operation of the network;
o You will not try to harm the Service, Application and/or the Software in any way whatsoever;
o You will not copy, or distribute the Software or other content without written permission from the Company;
o You will only use the Software and/or the Application for your own use and will not resell it to a third party;
o You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
o You will provide us with whatever proof of identity we may reasonably request or require;
o You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
o You will only use an access point or data account (AP) which you are authorized to use;
o You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing T&CM Practitioners;
o You shall not impair or circumvent the proper operation of the network which the Service operates on;
o You agree that the Service is provided on a reasonable effort basis; and
o You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time;
Payment
o You may choose to pay for the Service by cash and where available, by credit card and or debit card (“Card”).
o In the event that you choose to pay for the Service by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
o If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Service.
o You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
o 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 a 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.
o We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.
o You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
o You shall be responsible to resolve any disputes with your Card company on your own.
Taxes
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
License Grant &Restrictions
The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b)build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;(vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages;(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
Intellectual Property Ownership
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, the Service, the Software and/or the Application and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.
Confidentiality
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
o was at the time of receipt already in the Recipient’s possession;
o is, or becomes in the future, public knowledge through no fault or omission of the Recipient;
o was received from a third-party having the right to disclose it; or
o is required to be disclosed by law.
Personal Data Protection
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):
o To perform the Company’s obligations in respect of any contract entered into with you;
o To provide you with any services pursuant tothe Terms of Use herein;
o To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
o Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
o To validate and/or process payments pursuant to the Terms of Use herein;
o To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
o To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
o To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
o To respond to questions, comments and feedback from you;
o To communicate with you for any of the purposes listed herein;
o For internal administrative purposes, such as auditing, data analysis, database records;
o For purposes of detection, prevention and prosecution of crime;
o For the Company to comply with its obligations under law;
o To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
o To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors;
o To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.
We will, to the best of our abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change. By submitting your information you consent to the use of that information as set out in the form of submission and in this Terms of Use.
Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.etcm.me. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.
Indemnification
By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your use of the Service, Software and/or the Application, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, or (d) your use or misuse of the Service, Software and/or the Application.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/ORTHE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST ANDMAXIMUM EXTENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTIES THROUGH THE USE OFTHE SERVICE, APPLICATION AND/OR THE SOFTWARE.
Internet Delays
THE SERVICE, APPLICATION AND/OR THE SOFTWARE 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 BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BELIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING ADVERTISERS AND/OR SPONSORS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING ADVERTISERS AND/OR SPONSORS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR THE APPLICATION.
Notice
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
Assignment
The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
General
This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Malaysia or where judgment of a Malaysian court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (‘SIAC’), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the Parties (the “Arbitrator”).If Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Singapore, in the English language and The fees of the Arbitrator shall be borne equally by the Parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring Services from the others TCM system provider under this Agreement.
The Company is a licensee of MY E TCM SDN BHD. (Company Reg No.1132320-T and having its registered address at 468, Jalan Permatang Batu, Bukit Tengah, 14000 Bukit Mertajam, Pulau Pinang, Malaysia) for the Application.