TERMS & CONDITIONS
(E-Consult)

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TERMS OF USE

PDPA (Personal Data protection act) for individual patients (ENGLISH)

PDPA (AKta perlindungan data peribadi) UNTUK PESAKIT-PESAKIT INDIVIDU (MELAYU)

TERMS OF USE 

The following terms and conditions constitute an agreement between you and Klinify Malaysia Sdn Bhd (201901013533 (1227698-H)) (formerly known as Sqrdots Sdn. Bhd.) (“Klinify” “we” or “our” or “us”), the operator of Klinify.com/tele which is a telehealth web application (the “Website”). These terms of use (“Terms of Use”), together with our Personal Data Protection Notice located at the Website (which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Website.

By using or otherwise accessing the Website, you agree to the terms of this Agreement. If you do not agree with this Agreement, you must refrain from accessing or using the Website. Please note that we offer the Website "AS IS" and without warranties. You are required to register and authorize the use and disclosure of your information for purposes of allowing us to grant you access to the Website and as otherwise disclosed in our Personal Data Protection Notice.

1. KLINIFY WEBSITE

1.1 The Website is a web application that enables you to virtually consult medical professionals when you have registered and obtain e-prescriptions. The services and features of the Website includes making an appointment with the medical professionals through a URL link that connects you directly to a specific clinic, and consultation through a chat, voice call or video call.

2. REGISTRATION

2.1 You will be provided with a link to register before you can proceed to consult a medical professional. As part of the registration process, you are required to provide your name, MYKAD number, contact number and email address. 

2.2 Once you have registered, and the clinic has confirmed your appointment, an email with instructions on how to start the consultation will be sent to your email. Each patient and a medical professional will have an autogenerated unique room for the consultation.

2.3 You must be 18 years of age or over to register with us or use the Website. If you do not qualify under these Terms of Use, do not use the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

3. YOUR PERSONAL INFORMATION

3.3 We collect and process your personal data in accordance with the Personal Data Protection Notice at the Website and you hereby consent to the processing of your personal data in accordance with the said notice.

4. NO WARRANTIES IN RELATION TO MEDICAL PROFESSIONALS 

4.1 You represent and warrant that the medical professionals with whom you have made an appointment is a medical professional which you have previously consulted. We are not responsible for ensuring that all medical professionals providing consultation and prescription through the Website are fully qualified and registered with the Malaysia Medical Council and in possession of valid Annual Practicing Certificate.

4.2 Notwithstanding anything contained in these Terms of Use, we do not: 

4.2.1 recommend or endorse any medical professionals; and 

4.2.2 make any representations or warranties with respect to these medical professionals or the ability of the medical professionals to consult you and provide medical advice.

4.3 Without prejudice to the foregoing, you acknowledge that:

4.3.1 we are only a platform provider for the provision of the telehealth services and all medical professionals delivering services through the Website are independent medical professionals and are solely responsible for the compliance of requirements applicable to the services each of them provides to you; and

4.3.2 we are not in any way involved in the practice of medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by the medical professionals.

4.4 Except and unless otherwise set out in these Terms of Use, Klinify is not involved in the arrangement between you and the medical professionals and shall not be liable to either you or the medical professionals in relation to any such consultation, medical advice or any medication prescribed by the medical professionals. You must resolve any dispute between you and the medical professionals (as the case may be) directly. 

5. CONSULTATION FEES

5.1 Even though the access to the Website is provided free of charge, charges will apply for any consultation with medical professionals or purchase of medication and will be entirely your responsibility. For the avoidance of doubt, the transaction in relation to such consultation and/or such purchase of medication will be between you and the medical professional who you have consulted.

5.2 Upon completion of the consultation, we will send you an email with the invoice for payment together with a payment link. In the event that medication is prescribed by a medical professional, you shall be required to pay for the medication in the said payment link if you wish to purchase the medication, together with the applicable delivery charges. Delivery of the prescribed medication shall be made by the clinic. In some cases, the clinics may accept other modes of payment such as cash on delivery or a direct charge to your company or insurer.

5.3 When you make payment through the payment gateway available on the Website, we shall not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you as a result of:

5.3.1 the lack of authorisation for any transaction;

5.3.2 the payment exceeding the pre-set limit mutually agreed between you and your bank;

5.3.3 any payment issues arising out of the transaction; or

5.3.4 a declined transaction for any reason.

6. CANCELLATION OR REFUNDS

6.1 Once an appointment has been made and a confirmation has been given to you, any cancellation or rescheduling of the appointment shall be managed by you directly with the medical professionals. We will not be responsible for contacting the medical professionals on your behalf.

6.2 In the event of a cancellation or rescheduling initiated by you, you acknowledge and agree that the right to reschedule your appointment is at the sole discretion of the medical professionals.

6.3 Without prejudice to the foregoing, the medical professionals may, at its sole discretion, cancel or reschedule the appointment if the medical professionals becomes unavailable for any reason.

7. ACKNOWLEDGEMENT

By accepting these Terms of Use, you acknowledge that:

7.1 details of your health information and medical history may be discussed during your voice or video consultation with the medical professionals, and the medical professionals may perform a physical examination through these technologies;

7.2 the telehealth services you receive from the medical professionals are not intended to replace a primary care physician relationship or be your permanent medical solution. No results can be guaranteed or assured. You should seek emergency help or follow-up care when recommended by a medical professional or when otherwise needed, and continue to consult with your primary care physician and other medical professionals as recommended;

7.3 you are required to directly contact the medical professionals or the clinic where the medical professionals are employed for any enquiries on medication reactions, side effects or other adverse events;

7.4 all electronic communications are directed to the medical professionals and their assistants through a secure and encrypted interface;

7.5 the telehealth services may not be appropriate for a part of or all of your treatment needs and the medical professionals may refuse to provide the requested telehealth services to you through the Website;

7.6 there are risks associated with the use of telehealth services which include without limitation the following: 

7.6.1 information transmitted may be insufficient (such as poor resolution of images) for appropriate assessment of any health care decision by the medical professionals;

7.6.2delays in assessment or treatment due to failures of any electronic devices or equipment. In such event, you may be contacted by phone or other means of communication;

7.6.3a lack of access to all of your health records which may result in adverse drug interactions or allergic reactions or other judgement errors; or

7.6.4 security breaches which may result in the privacy of your health information being compromised. 

8. USER OBLIGATIONS

8.1 By registering for access to the Website, you agree to abide by the following terms and conditions: 

8.1.1 you may only use the Website for lawful, non-commercial, internal, personal and medical purposes and not for any purpose that is illegal or prohibited by these Terms of Use; 

8.1.2 you are responsible for protecting the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Website; 

8.1.3 you will not post or transmit any material or information which is offensive, defamatory, obscene, false, inaccurate, misleading, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable; 

8.1.4 you may not attempt to gain unauthorized access to the Website, user accounts, computer systems or networks through hacking, password mining or any other means; 

8.1.5 you agree to provide current, accurate and up-to-date information about yourself as required under these Terms of Use; 

8.1.6 you agree not to post or transmit any unsolicited advertising or promotional materials; 

8.1.7 you will not infringe our intellectual property rights or those of any third party in relation to your use of the Website; 

8.1.8 you will not post or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; aend 

8.1.9 you accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.

8.2 Any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.  We reserve the right to remove your username or similar identifier in respect of your account if appropriate.  You acknowledge sole responsibility for and assume all risk arising from your access and use of the Website. 

9. CONTENT 

9.1 For the purpose of this section, “Content” means design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Website, excluding the User Content. You acknowledge that the Content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion, recommendation or advice, nor is it a substitute for the same. The Content is solely provided to connect you with the specific clinic where the medical professional you wish to consult is located.

9.2 You are solely responsible to: 

9.2.1 evaluate the quality, adequacy, completeness and usefulness of all services, Content, User Content, advice, opinions and other information obtained or accessible through the Website; and 

9.2.2 seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information. You agree that your use of the Content and User Content is solely at your own risk. 

9.3 The timeliness, accuracy, and completeness of any or all of the Content are not guaranteed. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such Content. 

9.4 In the event any third party Content infringes any intellectual property of any person, such third party shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement. You may send as an email at contact@Klinify.com to report any such infringement. 

10. CONTENT YOU POST OR SUBMIT

10.1 You are solely responsible for the User Content which you post on the Website. By posting or submitting the User Content through the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such User Content to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such User Content. 

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, revocable license to use the Website solely for you to utilise the telehealth services provided on the Website.

11.2 Copyright in the Website and the Content (including designs, texts, graphics, logos, icons, user interfaces, visual interfaces and software) is owned or licensed by us and/or our third party licensors. You acknowledge that the Website and any underlying technology or software used in connection with the Website contain our proprietary information and/or our third party licensors. We give you permission to use the Website and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Website.  

11.3 Except as expressly authorised by these Terms of Use, you may not in any form or by any means: 

11.3.1 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website and/or Content; 

11.3.2 commercialise any information, products or services obtained from any part of the Website; 

11.3.3 modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or use any part of the same to provide or incorporate into, any product of service provided to a third party; or

11.3.4 copying, duplicating, storing or downloading the Content. 

11.4 If you use any of Klinify’s or our third party licensor’s trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us.  You must not use any of the Marks: 

11.4.1 in or as the whole or part of your own trademarks; 

11.4.2 in connection with activities, products or services which are not ours; 

11.4.3 in a manner which may be confusing, misleading or deceptive; and/or 

11.4.4 in a manner which disparages us or our information, products or services.

12. LINKS TO OTHER SITES

12.1 The Website may contain links to other websites (“Linked Websites”) that do not belong to or are not maintained by us.  Such links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with the Linked Websites.  For more information about the content or privacy practices of the Linked Websites, please visit the Linked Websites for the applicable terms of use and privacy policy. 

12.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

13. PROHIBITED ACTIVITIES

13.1 We may (but shall be under no obligation to) investigate if you have misused the Website, or behave in a way, which we regard as inappropriate, unlawful or illegal. 

13.2 The following is a non-exhaustive list of prohibited activities which you shall not engage in with respect to the Website. We reserve the right to amend this list at any time. The prohibited activities include, without limitation: 

13.2.1 impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; 

13.2.2 expressing or implying that any statements you make are endorsed by us without our specific prior written consent; 

13.2.3 using any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website; 

13.2.4 "frame" or "mirror" any part of the Website, without our prior written authorization; 

13.2.5 using any code or other devices containing any reference to us or the Website to direct persons to any other website and/or service;

13.2.6 using the content contained in the Website for any illegal, fraudulent or harmful purpose; 

13.2.7 using the Website in any manner that could damage, disable, overburden, impair the operation of the Website, our servers or networks, or interfering with any other party's use and enjoyment of the Website, or violate any requirements, procedures, policies or regulations of such networks; 

13.2.8 tracing or attempting to trace information of any users of the Website to its source;

13.2.9 exploit the Website, the Content or the User Content in any manner which compromises personal information belonging to other users of the Website; 

13.2.10 violating any laws; and

13.2.11 publicly disseminate information regarding the performance of the Website or access or use the Website for competitive analysis or benchmarking purposes.

14. WEBSITE MAINTENANCE

14.1 It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Website, which may temporarily degrade the quality of the Website or result in a partial or complete outage of the Website.  In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Website.

15. DISCLAIMER 

15.1 To the maximum extent permitted by law, you release us from all liability for you having acquired or not acquired the Content or User Content through the Website. We make no representations concerning any Content or User Content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Website. 

15.2 Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Website, including without limitation any warranties that the Website is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing.  We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Website or any other data or information provided or received through Website. Except as expressly set forth herein we make no warranties about the Website or any other security associated with the transmission of sensitive information. We do not warrant that the Website will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Website is free of computer viruses, contaminants or other harmful items.

16. LIMITATION OF LIABILITY

16.1 To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any loss or damages howsoever arising, including without limitation, any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses even if we knew or should have known of the possibility of such damages.

17. INDEMNIFICATION

17.1 You agree to indemnify us, our directors, employees, officers, partners or suppliers (collectively “Indemnitees”) against any loss, damage or cost incurred by the Indemnities arising out of your access or use of the Website, including, without limitation, the Content, User Content or any other information accessible over or through the Website, any content submitted by you or your violation of these Terms of Use, or any other laws, regulations and rules. You will also indemnify the Indemnitees against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).

18. TERMINATION 

18.1We may suspend, block or deny your access to the Website immediately, without notice, if there has been a breach of these Terms of Use or other policies and terms posted on the Website by you or for any other reason. We shall not be liable to you or any third party for any denial of your access to the Website. Further, you agree not to attempt to use the Website after any such suspension or denial. 

19. GENERAL

19.1 Amendments to these Terms of Use

We reserve the right to amend these Terms of Use and the other documents consisting of the Agreement at any time. Upon any such change, we will post the amended terms on the Website or we may also attempt to notify you via electronic or conventional mail. Your continued access to and/or use of the Website following such posting and/or notice shall constitute your agreement to be bound by these Terms of Use or other applicable Agreement document, as amended.  If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then you must stop using the Website.

19.2 Severability

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

19.3 Governing Law

This Agreement shall be governed by the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction.

19.4 Non-waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

19.5 Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Website including the Personal Data Protection Notice, constitute the entire agreement between you and us and supersede all previous written or oral agreements. 

19.6 Headings

The headings in this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

19.7 Non-assignment

You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

PDPA (personal data protection act) for Individual Patients

In the event of any conflict between the English and other language versions, the English version shall prevail.

By using the E-consult feature, you hereby give your consent to the respective clinic to collect, obtain, store and process your personal data, including sensitive personal data (this includes your physical or mental health or condition) (collectively “your personal data”).

The purpose of the above is for maintaining our patient records and for future dealings with you. 

In order for us and the clinic to provide services to you, we may need to disclose your personal data to external parties which may include but not limited to laboratories for blood request work, information technology service providers, insurance companies and third-party administrators (“the External Parties”). The External Parties may locate, store, maintain and/or process your personal data within or outside of Malaysia. Your personal data may be disclosed to information technology service providers and such data will be anonymised and collectively analysed for research purposes and/or improving our services.    

Should you not want to provide us with the personal data requested, then it will not be possible for us to provide our services to you.

You may request access to and request correction of the personal data by contacting the clinic you sought medical services from through Klinify.

PDPA (Akta perlindungan data peribadi) untuk Pesakit-Pesakit Individu

Sekiranya terdapat percanggahan antara versi Bahasa Inggeris dengan versi Bahasa lain, versi Bahasa Inggeris akan diguna pakai.

Dengan menggunakan ciri E-consult ini, anda memberikan persetujuan anda kepada klinik masing-masing untuk mengumpulkan, memperoleh, menyimpan dan memproses data peribadi anda, termasuk data peribadi sensitif anda (ini merangkumi kesihatan atau keadaan fizikal atau mental anda (secara kolektif “data peribadi anda").

Tujuan di atas adalah untuk pengekalan rekod-rekod pesakit kami dan untuk urusan dengan anda pada masa hadapan.

Bagi tujuan agar perkhidmatan kami dapat diberikan kepada anda, kami mungkin perlu menzahirkan data peribadi anda kepada pihak luar mungkin termasuk tetapi tidak terhad kepada makmal-makmal untuk tujuan kerja permintaan darah, penyedia perkhidmatan teknologi maklumat, syarikat-syarikat insurans, dan pentadbir pihak ketiga (“Pihak Luar tersebut”). Pihak Luar tersebut mungkin boleh mencari, menyimpan, mengekalkan dan/atau memproses data peribadi anda di dalam atau di luar Malaysia. Data peribadi anda mungkin boleh dizahirkan kepada penyedia perkhidmatan teknologi maklumat dan data tersebut akan dianalisa secara tanpa nama dan kolektif bagi tujuan penyelidikan dan/atau untuk menambahbaik perkhidmatan kami.

Sekiranya anda tidak ingin memberikan data peribadi anda yang diminta, kami tidak dapat memberikan perkhidmatan kami kepada anda.

Anda boleh meminta akses dan meminta pembetulan data peribadi dengan menghubungi klinik dimana anda mendapatkan perkhidmatan perubatan melalui Klinify.