Terms of Use

Introduction
1. Welcome to the DoctorOnCall (DOC) Platform. Please read the following Terms of Service carefully before using this Platform or opening a DoctorOnCall account ('Account') so that you are aware of your legal rights and obligations with respect to Health Digital Technologies Sdn. Bhd. (Company Registration No. 1185396-D ). The 'Services' we provide or make available include (a) the Platform, (b) the services provided by the Platform and by DoctorOnCall, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform or its related services ('Content'). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by DOC.
2. The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer ('Buyer') and the seller ('Seller') (collectively 'you', 'Users' or 'Parties'). The actual contract for sale is directly between Buyer and Seller and DOC is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transactions will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. DOC is not involved in the transaction between Users. DOC may or may not pre-screen Users or the Content or information provided by Users. DOC reserves the right to remove any Content or information posted by you on the Platform in accordance to DOC terms of use herein. DOC cannot ensure that Users will actually complete a transaction.
3. Before becoming a User of the Platform, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
4. DOC reserves the right to change, modify, update, suspend or discontinue all or any part of this Platform or the Services at any time or upon notice as required by local laws. We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Platform is governed by the Terms effective at the time of your access to or use of the Platform. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Platform prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Platform after the effective date of modifications to the Terms indicates your acceptance of the modifications.
5. DOC reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.
  
  BY USING DOC SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
  
  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM.
User Account
1. Some functions of our Services require registration for an Account by selecting a unique user identification ('User ID') and password, and by providing certain personal information. If you select a User ID that DOC, in its sole discretion, finds offensive or inappropriate, DOC has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. DOC has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
2. You are responsible for maintaining the confidentiality of your account and password. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Platform , (c) immediately notify DOC of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. DOC will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
3. You agree that DOC may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that DOC deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected
  1. extended periods of inactivity
  2. violation of the letter or spirit of these Terms of Service
  3. illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour
  4. having multiple user accounts
  5. buying products on the Platform for the purpose of commercial re-sale
  6. abnormal or excessive purchase of products from the same Seller or related group of Sellers
  7. voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Platform)
  8. behaviour that is harmful to other Users, third parties, or the business interests of DOC; or
  9. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, DOC may terminate your Account immediately with or without notice.
4. You acknowledge, consent to and agree that DOC may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over DOC or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
  1. comply with legal process
  2. enforce these Terms of Service or our Prohibited and Restricted Items Policy
  3. respond to claims that any Content violates the rights of third parties, including intellectual property rights
  4. respond to your requests for customer service; or
  5. protect the rights, property or personal safety of DOC, its Users and/or the public.
5. Users may terminate their Account if they notify DOC in writing (including via email at support) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact DOC after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. DOC shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by DOC.
Ownership
1. As between you and DOC, you own Your Content. We own thewww.doctoroncall.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Platform Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Platform excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ('IP Rights') associated with thewww.doctoroncall.com Content and the Platform, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of thewww.doctoroncall.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform and thewww.doctoroncall.com Content are retained by us.
2. You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with DOC. You acknowledge that DOC may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Advertising
1. DOC and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Privacy
1. Your privacy is very important to us at DOC. To better protect your rights we have provided the DOC Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how DOC collects and uses the information associated with your account and/or your use of the Services (the 'User Information'). By using the Services or providing information on the Platform, you:
  1. consent to DOC's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
  2. agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and DOC; and
  3. shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without DOC's prior written consent.
2. Users in possession of another User's personal data through the use of the Services (the 'Receiving Party') hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the 'Disclosing Party') to remove his or her data so collected from the Receiving Party's database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
Term of Use
1. The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, DOC may effect such termination with or without notice to you.
2. You agree not to:
  1. Submit any purposely inaccurate information, commit fraud or falsify information in connection with your DOC account or in order to create multiple DOC accounts;
  2. Attempt to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
  3. Attempt to scan, or test the security or configuration of the Platform or to breach security or authentication measures;
  4. Tamper or interfere with the proper functioning of any part, page or area of the Platform or any functions or services provided by DOC;
  5. Attempt to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Platform, or attempts at overloading, 'flooding', 'spamming', 'mail bombing' or 'crashing' the Platform;
  6. Use frames, framing techniques or framing technology to enclose any content included on the Platform without our express written permission;
  7. Use any Platform content in any meta tags or any other 'hidden text' techniques or technologies without our express written permission;
  8. Use the Platform or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with DOC;
  9. Resell or repurpose your access to the Platform or any purchases made through the Platform;
  10. Use the Platform or any of its resources to solicit Platform End Users or other business partners of DOC to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with DOC, including without limitation, aggregating current or previously offered deals;
  11. Collect content from the Platform, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Platform without our express written permission;
  12. Collect Personal Information, Statements, data or content of any Platform End Users; Using any End User(s), Retailer(s), Restaurant(s) or Office(s) information from the Platform for any commercial purpose, including, but not limited to, marketing;
  13. Access, monitor or copy any content or information from this Platform using any 'robot,' 'spider,' 'scraper' or other automated means or any manual process for any purpose without our express written permission;
  14. Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
  15. Take any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  16. Aggregate any live or post-feature content or other information from the Platform (whether using links or other technical means or physical records associated with purchases made through this Platform) with material from other sites or on a secondary site without our express written permission;
  17. Deep-link to any portion of this Platform (including, without limitation, the purchase path for any voucher) without our express written permission;
  18. Acting illegally or maliciously against the business interests or reputation of DOC, or our services; or
  19. Hyperlink to the Platform from any other website without our initial and ongoing consent.
Indemnification
1. You agree to defend, indemnify, and hold harmless DOC from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Platform . DOC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DOC in asserting any available defenses.
Product Policy
1. Counterfeit products are prohibited from being listed in the Platform. The term 'Counterfeit' encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but not limited to:
  1. A product that violates any local country laws in which they are sold
  2. A product that is a fake or a replica of an existing official product
  3. A product that has never been produced by a specific brand
  4. A product that is significantly under-priced
  5. A product that bears similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorisation of trademark owner
2. The types of pricing that can be set:
  1. Nett price: unit price
  2. Bulk pricing: Bundled price
  3. Tiered pricing: Pricing with tiers based on amount
Transaction Fee
1. DOC charges a fee for all successful transactions completed on the Platform ('Transaction Fee'). The Transaction Fee is borne by the Seller, and is calculated at two percent (2%) of the Buyer's Purchase Monies, rounded up to the nearest cent. The Transaction Fee is subject to 6% SST ('Tax Amount'), and the Seller is responsible for such Tax Amount.
General Provisions
1. DOC reserves all rights not expressly granted herein.
2. DOC may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
3. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and DOC, nor does it authorise you to incur any costs or liabilities on DOC's behalf.
5. he failure of DOC at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
6. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity.
7. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
8. You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Malaysian Anti-Corruption Commission Act] and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
9. If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contact us.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE 'REGISTER' OR 'SIGN IN' BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

Last Updated: 14 October 2021

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