Terms of Use

Terms of Use forDoctor of ETCM

Important – please read these terms carefully. By using thisService, you agree that you have read, understood, accepted and agreed with theTerms 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 (asdefined below) and wish to discontinue using the Service, please do notcontinue using this Application or Service.

The terms and conditions stated herein (collectively, the “Termsof Use” or this “Agreement”)) constitute a legal agreement between youand MY E TCM SDN BHD. (Company Reg No. 1132320-T) (the“Company”). In order to use the Service (each as defined below) you must agreeto the Terms of Use that are set out below. By using the mobile applicationsupplied to you by the Company (the ”Application”), and downloading, installingor using any associated software supplied by the Company (“the Software”) whichoverall purpose is to enable doctors completing the daily work (collectively,the “Service”), you hereby expressly acknowledge and agree to be bound by theTerms of Use, and any future amendments and additions to this Terms of Use aspublished from time to time at http://www.etcm.me or through the Application.

The Company reserves the right to modify, vary and change theTerms of Use or its policies relating to the Service at any time as it deemsfit. Such modifications, variations and or changes to the Terms of Use or itspolicies relating to the Service shall be effective upon the posting of anupdated version at http://www.etcm.me. You agree that it shall be yourresponsibility to review the Terms of Use regularly and also the Terms of Useapplicable to any country where you use the Service which may differ from the countrywhere you registered for the Application (“the Alternate Country”) whereuponthe continued use of the Service after any such changes, whether or notreviewed by you, shall constitute your consent and acceptance to such changes.You further agree that usage of the Service in the Alternate Country shall besubject to the Terms of Use prevailing for the Alternate Country which can befound at http://www.etcm.me.

The Company is a technology company which provides a completeweb-based as well as a supplementary mobile app Traditional Chinese Medicine(TCM) system  (hereinafter referred to as "System") for theoperation of their respective medical halls. The System allows patients to makeappointments with TCM Practitioners. TCM Practitioners also has the option toengage the services of selected medical centers for herbal remedies brewing orgranules dispensary. In addition, patients may also choose to make appointmentswith 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 undertakethat if you are agreeing to these Terms of Traditional and ComplementaryMedicine (T&CM) Practitioner's (hereinafter referred to as"Practitioner") Use and Privacy Policy on behalf of another person orany legal entity, that you are duly authorised to do so.

o  You also undertake toinform us of any pending or decided cases/complaint against you inMalaysia/abroad for medical negligence and/or medical offences.

o  You represent andwarrant that you are qualified to provide Traditional and ComplementaryMedicine T&CM services within theterritory of Malaysia.

o  You represent andwarrant that you have obtained all licenses as required by law to provide TCMservices and have not committed any act or omission that might prejudice itscontinuance or renewal.

o  You hereby undertakeand agree that if you permit your Workforce to use the System and the Serviceson your behalf, subject to compliance with this Agreement, you will train allmembers of your Workforce with respect to compliance with this Agreementrelating to their access to and use of the System, Site and the PractitionerServices, and ensure that they comply with such requirements. You furtherundertake to take appropriate disciplinary action against any member of yourWorkforce who violates these Terms and Conditions or the Privacy Policy.

o  You hereby undertakeand agree that in case of any loss or injury caused to the Company or any thirdparty including Users, due to the illegal activity committed through youraccount by your Workforce or you, you shall be solely responsible and liablefor the consequences.

o  You hereby consent toimmediately notify the Company of any actual or suspected unauthorized use orbreach of the Practitioner's Account. You hereby agree that the Company shallnot be liable for any direct or indirect losses caused to you by anyunauthorized use of Practitioner Account, and you shall be liable for thelosses caused to the Company or others, due to such unauthorized use.

o  The verification ofmobile number and / or the email shall be compulsory without which the Companywill not create a Practitioner Account.

o  If you register on theSite and successfully get a Practitioner Account, You shall be responsible formaintaining the confidentiality of the account, including display name andpassword of the account, and you shall be responsible for all activities thatoccur under Practitioner's Account.

o  You hereby declare andverify that all information provided by you, is true, accurate and genuine. Youhereby agree that in case any information provided is not true or accurate orgenuine or complete, or the Company has reasonable grounds to suspect that suchinformation is untrue, inaccurate, not current or incomplete, or not inaccordance with these Terms of Practitioner's Use, then the Company shall havethe right to indefinitely suspend or terminate or block access ofPractitioner's Account on the Site.

o  You agree not toaccess (or attempt to access) any of the Practitioner Services by any meansother than through the interface that is provided by the Company.

o  You agree that youruse 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 warrantthat 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 mayterminate your access to or use of the System and Services at any time if weare unable at any time to determine or verify your qualifications orcredentials.

o  You agree that we mayuse and disclose your Practitioner Account information for such purposes,including (without limitation) making inquiries through third partiesconcerning your identity and professional and practice credentials. Youauthorize us to disclose to third parties such information as required for suchpurposes, and you agree to hold them and us harmless from any claim orliability arising from the request for or disclosure of such information.

o  The Company may, atits sole discretion, suspend Practitioner's ability to use or access thePractitioner Services at any time while the Company investigates complaints oralleged violations of this Agreement, or for any other reason.

o  Use of the Site andthe Services by you, shall be solely at the discretion of the Company. TheCompany reserves its right to add, delete, withdraw or discontinue its anyService or Site in part or whole.

o  The Company reserves,at its sole discretion, the right to refuse any Practitioner to access the Siteor avail any Services, without assigning any reason.

o  You hereby agree,declare and warrant that You are fully authorized and have taken all requisiteapprovals from the person (if any), on whose behalf, you are acting on theSite.

o  You will cooperatewith us in the administration of the System, including providing reasonableassistance in evaluating the System and collecting and reporting data requestedby us.

o  You hereby agree thatyou will implement and maintain appropriate administrative, physical andtechnical safeguards, and reasonable and appropriate security precautions toprotect the User Information or any other System information, from anyunauthorized use or access.

o  You will immediatelynotify us of any breach or suspected breach of the security of the System ofwhich you become aware, or any unauthorized use or disclosure of informationwithin or obtained from the System, and you will take such action to mitigatethe breach or suspected breach as we may direct, and will cooperate with us ininvestigating and mitigating such breach.

o  You hereby understandand agree that the relationship between you and the User or patient, shall beindependently governed as per the Applicable Laws.

o  You warrant and agreethat you shall be solely responsible for the professional services you will beproviding to the User or the patient, including any consequential or incidentalloss or injury.

o  You shall be solelyliable for your dealings and interaction with patient or User, his/herrepresentatives or affiliates.

o  You hereby understandand agree that the Company is only providing a platform to enable User andPractitioner to interact with each other, without any professional interventionof the Company.

o  You warrant and agreethat any material provided by you, will not infringe any intellectual propertyor any other right of any third person, and will not be in contravention of anyother applicable laws.

o  You will ensure thatyou are in compliance of all applicable laws, regulations and conventions.

o  You hereby understandand agree that you acquire no ownership rights in any Practitioner Account.

o  You hereby agree andundertake that you will not or attempt to:

a.     impersonate any otherPractitioner, person or entity,

b.     misrepresent youraffiliation with the Company;

c.     use the Site orServices to violate any local, state, national or international law;

d.     use abusive orderogatory language while communicating with the patients and Users;

e.     transfer, assign orsublicense their Practitioner Account or right to use the Practitioner Servicesto any third party;

f.      use the PractitionerServices provided by the Company for any unauthorized and unlawful purpose; and

g.     engage in any activitythat interferes with or disrupts the Practitioner Services, Site or System.

MOBILE APP RELOAD FOR PRACTITIONER SERVICES

o  Practitioner will berequired to make a minimum credit Reload of MYR 200 into the 中医帮 mobile app for thesubsequent use of the brewinggranulesdispensing, and appointment services offered on the mobile app.

o  For appointmentservices, upon each successful attended appointment, a minimum fee of MYR 5will be automatically deducted from the Reload credit.

o  The Company offers itservices on "as is" basis and has the sole right to modify anypricing, feature or customize them at its discretion and there shall be noobligation to honour customization requests of any Practitioner. Any feecharged is exclusive of any customisation costs.

o  The Company will notbe liable for the non-availability of the services due to circumstances beyondthe Company's reasonable control, including, without limitation, telecomoutages, 3rd party server issues, internet service provider failures or delays,acts of God, acts of government, flood, fire, earthquakes, civil unrest, labourissues, acts of terror and strikes or other such problems.

o  The Company willinform 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 willbe solely responsible to ensure that there is sufficient credit available atall times for the appointment service. The Company will not be liable orresponsible to send any reminders to the Practitioners for this purpose. If thePractitioners do not ensure sufficient credit available, the Company reservesthe right to suspend and remove the Practitioner account.

o  For making the paymentof the app credit Reload, the Practitioner will be directed to the portal ofthe third party, which has been outsourced by the Company, to receive payment.

o  For any of the paymentmethod opted by the Practitioner for making payment on the portal of theoutsourced party/agency/service provider, and thereafter by entering bankinginformation and details on that portal while making payment, the Company doesnot assume any liability, and shall never be responsible for any direct orindirect costs, charges, expenses, damage or loss suffered by the Practitioner,as the Company has outsourced third party(s) for receiving such payment, who isan independent party, and the Company has no access or control over anyinformation and details inserted by the Practitioner when making or attemptingto make any payment. Unless otherwise stated, all fees shall be quoted inMalaysian Ringgit (MYR).

o  Reload credit isnon-refundable and non-transferrable.

o  The Company does notguarantee or make any representation with respect to the correctness,completeness or accuracy of the information or detail provided by Users or anythird party through the Practitioner Services.

LISTING OF PRACTITIONER INFORMATION

o  Your personal profiledescribing your credentials, experience, academic background, awards, paperspublished shall be available for viewing by Users and will be considerednon-confidential and non-proprietary. Providing additional information in yourpersonal profile beyond what is required at registration is entirely optionaland can be edited or deleted by you at any time.

o  The Companyautomatically enables the listing of Practitioners' information on its Site.This information listed on Site is displayed when Users search forPractitioners for based on the criteria displayed on the search page.

o  The Company reservesthe right to list Practitioners who are not party to this Agreement. TheCompany reserves the right to modify the listing of Practitioners on its Site.In case Practitioner or Practice wishes to change or remove information aslisted and displayed on the Site or disable appointment requests, or any UserServices, the Practitioners or Practices can do so by contacting the Companythrough the Contact Us form on the Site.

LISTING ALGORITHM:

o  The Company's listingalgorithm for the Practitioners is a fully automated system that lists thePractice and Practitioner, their profile and information regarding theirpractice on its Site when the User searches for any User Service. Theselistings do not represent any fixed objective ranking or endorsement by theCompany. The Company will not be liable for any change in the listing order ofthe Practitioner, which may take place from time to time. The listing ofPractitioner will be based on automated computation of the various factorsincluding inputs made by the Users including their popularity. The rankingalgorithm is proprietary technology and cannot be disclosed in full. Suchfactors may change from time to time, in order to improve the listingalgorithm. The Company in no event will be held responsible for the accuracyand the relevancy of the listing order of the Practitioner on the Site. TheCompany will not be liable for any consequence on the Practitioner or hisPractice arising out of the listing order generated by the algorithm.

USER APPOINTMENT

o  The Company is notresponsible if the User cancels the appointment later or does not inform you ofa cancellation in advance.

o  Any changes to thePractitioner’s available appointment dates and time slots shall be communicatedclearly to the Company via written notice.

CONTACT US

o  If you wish to contact us regarding any questions or comments you may have, pleasesend an email to our customer support email or via our in-app customer supportchat 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 thatyou are legally entitled to accept and agree to the Terms of Use and that youare at least eighteen (18) years old. Without limiting the generality of theforegoing, 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 intoa contractual relationship. By using the Service, you further represent andwarrant that you have the right, authority and capacity to use the Service andto abide by the Terms of Use. You further confirm that all the informationwhich you provide shall be true and accurate. Your use of the Service is foryour own sole, personal use. You undertake not to authorize others to use youridentity or user status, and you may not assign or otherwise transfer your useraccount to any other person or entity. When using the Service you agree tocomply with all applicable laws whether in your home nation or otherwise in thecountry, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It isyour responsibility to check and ensure that you have downloaded the correctSoftware for your device. The Company is not liable if you do not have acompatible device or if you have downloaded the wrong version of the Softwareto your device. The Company reserves the right not to permit you to use theService should you use the Application and/or the Software with an incompatibleor unauthorized device or for purposes other than which the Software and/or theApplication is intended to be used.

By using the Software or the Application, you agree that:

o   You will only use the Service for lawfulpurposes;

o   You will only use the Service for the purposefor which it is intended to be used;

o   You will not use the Application for sendingor storing any unlawful material or for fraudulent purposes;

o   You will not use the Application and/or theSoftware to cause nuisance, annoyance, inconvenience or make fake bookings;

o   You will not use the Service, Applicationand/or Software for purposes other than obtaining the Service;

o   You will not impair the proper operation ofthe 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 Softwareor other content without written permission from the Company;

o   You will only use the Software and/or theApplication for your own use and will not resell it to a third party;

o   You will keep secure and confidential youraccount password or any identification we provide you which allows access tothe Service;

o   You will provide us with whatever proof ofidentity we may reasonably request or require;

o   You agree to provide accurate, current andcomplete information as required for the Service and undertake theresponsibility to maintain and update your information in a timely manner tokeep it accurate, current and complete at all times during the term of thisAgreement. 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 rightbut not the obligation to terminate this Agreement and your use of the Serviceat any time with or without notice;

o   You will only use an access point or dataaccount (AP) which you are authorized to use;

o   You shall not employ any means to defraud theCompany or enrich yourself, through any means, whether fraudulent or otherwise,through any event, promotion or campaign launched by the Company to encouragenew subscription or usage of the Service by new or existing Doctors;

o   You shall not impair or circumvent the properoperation of the network which the Service operates on;

o   You agree that the Service is provided on areasonable effort basis; and

o   You agree that your use of the Service will besubject 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 cashand where available, by credit card and or debit card (“Card”).

o   In the event that you choose to pay for theService by Card, you will need to register a valid Card which belongs to you inaccordance with the instructions within the Application.

o   If the Card belongs to another person, such asyour parents, you hereby warrant and agree that you have obtained theirpermission to use the Card for the payment of the Service.

o   You agree that we may verify and authorizeyour Card details when you first register the Card with us as well as when youuse the Service.

o   You agree that we may issue a reasonableauthorization hold, which is not an actual charge against your Card, in order toverify 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 anyunauthorized or fraudulent usage of your Card.

o   We have the right to suspend the processing ofany transaction where we reasonably believe that the transaction may befraudulent, illegal or involves any criminal activity or where we reasonablybelieve you to be in breach of the Terms of Use.

o   You agree that you will cooperate in relationto any financial crime screening that is required and to assist us in complyingwith any prevailing laws or regulations in place.

o   You shall be responsible to resolve anydisputes with your Card company on your own.



Taxes

You agree that this Agreement shall be subject to all prevailingstatutory taxes, duties, fees, charges and/or costs, however denominated, asmay be in force and in connection with any future taxes that may be introducedat any point of time. You further agree to use your best efforts to do everythingnecessary and required by the relevant laws to enable, assist and/or defend theCompany to claim or verify any input tax credit, set off, rebate or refund inrespect of any taxes paid or payable in connection with the Services suppliedunder this Agreement.



License Grant &Restrictions

The Company and its licensors, where applicable, hereby grantsyou a revocable, non-exclusive, non- transferable, non-assignable, personal,limited license to use the Application and/or the Software, solely for your ownpersonal, non-commercial purposes, subject to the Terms of Use herein. Allrights not expressly granted to you are reserved by the Company and itslicensors.

You shall not (i) license, sublicense, sell, resell, transfer,assign, distribute or otherwise commercially exploit or make available to anythird party the Application and/or the Software in any way; (ii) modify or makederivative works based on the Application and/or the Software; (iii) createinternet “links” to the Application or “frame” or “mirror” any Software on anyother server or wireless or internet-based device; (iv) reverse engineer oraccess 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 Applicationand/or the Software, or (c) copy any ideas, features, functions or graphics ofthe 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 multipleserver requests per second, or unduly burdens or hinders the operation and/orperformance of the Application and/or the Software, (vi) use any robot, spider,site search/retrieval application, or other manual or automatic device orprocess to retrieve, index, “data mine”, or in any way reproduce or circumventthe 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 priorconsent 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 yourpersonal, non-commercial purposes and shall not use the Software and/or theApplication to: (i) send spam or otherwise duplicative or unsolicited messages;(ii) send or store infringing, obscene, threatening, libelous, or otherwiseunlawful or tortious material, including but not limited to materials harmfulto children or violative of third party privacy rights; (iii) send materialcontaining software viruses, worms, trojan horses or other harmful computer code,files, scripts, agents or programs; (iv) interfere with or disrupt theintegrity or performance of the Software and/or the Application or the datacontained therein; (v) attempt to gain unauthorized access to the Softwareand/or the Application or its related systems or networks; or (vi) Impersonateany person or entity or otherwise misrepresent your affiliation with a personor entity (vii) to abstain from any conduct that could possibly damage theCompany’s reputation or amount to being disreputable.



Intellectual PropertyOwnership

The Company and its licensors, where applicable, shall own allright, title and interest, including all related intellectual property rights,in and to the Software and/or the Application and by extension, the Service andany suggestions, ideas, enhancement requests, feedback, recommendations orother 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 youany rights of ownership in or related to the Service, Software and/or theApplication, or any intellectual property rights owned by the Company and/orits licensors. The Company name, the Company logo, the Service, the Softwareand/or the Application and the product names associated with the Softwareand/or the Application are trademarks of the Company or third parties, and noright or license is granted to use them. For the avoidance of doubt, the termSoftware and Application herein shall include its respective components, processesand design in its entirety.



Confidentiality

You shall maintain in confidence all information and datarelating to the Company, its services, products, business affairs, marketingand promotion plans or other operations and its associated companies which aredisclosed to you by or on behalf of the Company (whether orally or in writingand whether before, on or after the date of this Agreement) or which areotherwise directly or indirectly acquired by you from the Company, or any ofits affiliated companies, or created in the course of this Agreement. You shallfurther ensure that it, its officers, employees and agents only use suchconfidential information in order to perform the Services, and shall notwithout the Company’s prior written consent, disclose such information to anythird-party nor use it for any other purpose. You shall only disclose suchinformation to such officers, employees and agents as need to know it to fulfilits obligations under this Agreement.

The above obligations of confidentiality shall not apply to theextent that you can show that the relevant information:

o   was at the time of receipt already in theRecipient’s possession;

o   is, or becomes in the future, public knowledgethrough no fault or omission of the Recipient;

o   was received from a third-party having theright to disclose it; or

o   is required to be disclosed by law.



Personal DataProtection

You agree and consent to the Company using and processing yourPersonal Data for the Purposes and in the manner as identified hereunder. Forthe purposes of this Agreement, “Personal Data” means information aboutyou, 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 haveprovided to the Company in registration forms, application forms or any othersimilar forms and/or any information about you that has been or may becollected, stored, used and processed by the Company from time to time andincludes sensitive personal data such as data relating to health, religious orother similar beliefs.

The provision of your Personal Data is voluntary. However if youdo not provide the Company your Personal Data, your request for the Applicationmay be incomplete and the Company will not be able to process your PersonalData for the Purposes outlined below and may cause the Company to be unable toallow you to use the Service.

The Company may use and process your Personal Data for businessand activities of the Company which shall include, without limitation thefollowing (“the Purpose”):

o   To perform the Company’s obligations inrespect 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 yourattendance thereto;

o   Process, manage or verify your application forthe Service pursuant to the Terms of Use herein;

o   To validate and/or process payments pursuantto the Terms of Use herein;

o   To develop, enhance and provide what isrequired pursuant to the Terms of Use herein to meet your needs;

o   To process any refunds, rebates and or chargespursuant to the Terms of Use herein;

o   To facilitate or enable any checks as may berequired pursuant to the Terms of Use herein;

o   To respond to questions, comments and feedbackfrom you;

o   To communicate with you for any of thepurposes listed herein;

o   For internal administrative purposes, such asauditing, data analysis, database records;

o   For purposes of detection, prevention andprosecution of crime;

o   For the Company to comply with its obligationsunder law;

o   To send you alerts, newsletters, updates,mailers, promotional materials, special privileges, festive greetings from theCompany, its partners, advertisers and or sponsors;

o   To notify and invite you to events oractivities organised by the Company, its partners, advertisers, and orsponsors;

o   To share your Personal Data amongst thecompanies within the Company’s group of companies comprising the subsidiaries,associate companies and or jointly controlled entities of the holding companyof the group (“the Group”) and with the Company’s and Group’s agents, thirdparty providers, developers, advertisers, partners, event companies or sponsorswho may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your PersonalData for any of the Purposes, please notify the Company using the supportcontact details as provided in the Application.

If any of the Personal Data that you have provided to uschanges, for example, if you change your e- mail address, telephone number,payment details or if you wish to cancel your account, please update yourdetails by sending your request to the support contact details as provided inthe Application.

We will, to the best of our abilities, effect such changes asrequested within fourteen (14) working days of receipt of such notice ofchange. By submitting your information you consent to the use of thatinformation as set out in the form of submission and in this Terms of Use.



Third PartyInteractions

During use of the Service, you may enter into correspondencewith, purchase goods and/or services from, or participate in promotions ofthird party providers, advertisers or sponsors showing their goods and/orservices through the Service, Software and/or the Application. Any suchactivity, and any terms, conditions, warranties or representations associatedwith such activity, is solely between you and the applicable third-party. TheCompany and its licensors shall have no liability, obligation or responsibilityfor any such correspondence, purchase, transaction or promotion between you andany such third- party. The Group does not endorse any applications or sites onthe Internet that are linked through the Service, Application and/or theSoftware, and in no event shall the Company, its licensors or the Group beresponsible for any content, products, services or other materials on oravailable from such sites or third party providers. The Company provides theService to you pursuant to the Terms of Use. You recognize, however, thatcertain third party providers of transportation, goods and/or services mayrequire your agreement to additional or different terms and conditions prior toyour use of or access to such goods or services, and the Company is not a partyto and disclaims any and all responsibility and/or liability arising from suchagreements between you and the third party providers.

The Company may rely on third party advertising and marketingsupplied through the Service and other mechanisms to subsidize the Serviceand/or to earn additional revenue. By agreeing to the Terms of Use you agree toreceive such advertising and marketing. If you do not want to receive suchadvertising you should notify us in writing or in accordance with the proceduredetermined by the Company. The Company reserves the right to charge you ahigher fee for or deny you use of the Service should you choose not to receivethese advertising services. This higher fee, if applicable, will be posted onthe Company’s website located at http://www.etcm.me. You agree and allow theCompany to compile and release information regarding you and your use of theService on an anonymous basis as part of a customer profile or similar reportor analysis. You agree that it is your responsibility to take all precautionsin all actions and interactions with any third party providers, advertisersand/or sponsors you interact with through the Service and/or advertising ormarketing material supplied through the Service.



Indemnification

By agreeing to the Terms of Use upon using the Service, youagree that you shall defend, indemnify and hold the Company, its licensors andeach such party’s parent organizations, subsidiaries, affiliates, officers,directors, members, employees, attorneys and agents harmless from and againstany and all claims, costs, damages, losses, liabilities and expenses (includingattorneys’ fees and costs) arising out of or in connection with: (a) your useof the Service, Software and/or the Application, third party providers, partners,advertisers and/or sponsors, or (b) your violation or breach of any of theTerms of Use or any applicable law or regulation, whether or not referencedherein or (c) your violation of any rights of any third party, or (d) your useor misuse of the Service, Software and/or the Application.



Disclaimer ofWarranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE ASTO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY ORCOMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOESNOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/ORTHE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE INCOMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICEWILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BEACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILLMEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THEAPPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION ORTHE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHERHARMFUL 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 IMPLIEDWARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST ANDMAXIMUM EXTENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE ASTO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OFANY 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 TOLIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET ANDELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOTCONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOTRESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROMSUCH PROBLEMS.



Limitation ofLiability

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BELIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROMYOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NOEVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANYDIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDINGPERSONAL 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 YOUOR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITEDTO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USEOR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCEPLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, ORAS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTYPROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR ISREFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF THECOMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THESUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTYPROVIDERS INCLUDING ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE ANDRELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROMOR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING ADVERTISERS AND/ORSPONSORS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTESBETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING ADVERTISERS AND/ORSPONSORS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOUAND THE THIRD PARTY PROVIDERS, INCLUDING ADVERTISERS AND/OR SPONSORS.RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTSOFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITSIMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THECOMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGESARISING FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR INANY WAY RELATED TO THE THIRD PARTIES INCLUDING ADVERTISERS AND/OR SPONSORSINTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR THE APPLICATION.



Notice

The Company may give notice by means of a general notice on theApplication, electronic mail to your email address in the records of theCompany, or by written communication sent by Registered mail or pre-paid postto your address in the record of the Company. Such notice shall be deemed tohave been given upon the expiration of 48 hours after mailing or posting (ifsent by Registered mail or pre-paid post) or 1 hour after sending (if sent byemail). You may give notice to the Company (such notice shall be deemed givenwhen received by the Company) by letter sent by courier or registered mail tothe Company using the contact details as provided in the Application.



Assignment

The agreement as constituted by the Terms of Use as modifiedfrom time to time may not be assigned by you without the prior written approvalof the Company but may be assigned without your consent by the Company. Anypurported 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 anyjurisdiction, and any disputes, actions, claims or causes of action arising outof or in connection with the Terms of Use or the Service shall be subject tothe exclusive jurisdiction of the courts of Malaysia to which you hereby agreeto submit to.

In the event that the law in an Alternate Country does not allowjurisdiction to be that of the courts of Malaysia or wherejudgment of a Malaysian court is unenforceable in theAlternate Country, unresolved disputes shall be referred to the SingaporeInternational Arbitration Centre (‘SIAC’), in accordance with the Rules of theSIAC as modified or amended from time to time (the “Rules”) by a solearbitrator appointed by the mutual agreement of the Parties (the “Arbitrator”).If Parties are unable to agree on an arbitrator, the Arbitrator shall beappointed by the President of SIAC in accordance with the Rules.

The seat and venue of the arbitration shall be Singapore, in theEnglish language and The fees of the Arbitrator shall be borne equally by theParties, provided that the Arbitrator may require that such fees be borne insuch other manner as the Arbitrator determines is required in order for thisarbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agencyrelationship exists between you, the Company or any third party provider as aresult of the Terms of Use or use of the Service. If any provision of the Termsof Use is held to be invalid or unenforceable, such provision shall be struckand the remaining provisions shall be enforced to the fullest extent under law.This shall, without limitation, also apply to the applicable law and jurisdictionas stipulated above. The failure of the Company to enforce any right orprovision in the Terms of Use shall not constitute a waiver of such right orprovision unless acknowledged and agreed to by the Company in writing. TheTerms of Use comprises the entire agreement between you and the Company andsupersedes all prior or contemporaneous negotiations or discussions, whetherwritten or oral (if any) between the parties regarding the subject mattercontained herein.

You hereby agree that the Company is entitled to terminate thisAgreement immediately in the event that you are found to be in breach of any ofthe terms stipulated in this Agreement. For the avoidance of doubt, thetermination of this Agreement shall not require the Company to compensate,reimburse or cover any cost incurred by you in the course of you acquiringServices 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 theApplication.