PLEASE READ THE TERMS AS HEREAFTER SET FORTH (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE https://arcarehmo.com AND ANY OTHER RELATED WEBSITES (“WEBSITES”), AND THE ARCARE MOBILE APPLICATION TOGETHER WITH ITS VARIOUS FUNCTIONALITIES (“APPLICATION”) (COLLECTIVELY, THE “PLATFORMS”). THE APPLICATION IS A SOFTWARE SOLUTION OFFERING CUSTOMERS ACCESS TO A NETWORK OF HEALTHCARE AND WELLNESS PROVIDERS AND HEALTHCARE AND WELLNESS SERVICES (“SERVICES”).
This Agreement is made between ArCare Holdings Sdn Bhd (“ArCare”, “us”, “we” or “our” as the case may be) and you with respect to your use of the Platforms and any functionalities, services or features offered via or in connection with the Platforms, and references in this Agreement to the use of any of the Platforms extend to the use of such functionalities, services or features as well. The Services may be provided by ArCare, our related companies, Healthcare Providers on ArCare’s panel or partners (including suppliers or delivery service providers of products/medication).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THE PLATFORMS, PLEASE DO NOT USE THE SAME.
IMPORTANT: DO NOT USE THE VIDEO CONSULTATION FUNCTIONALITY ON THE APPLICATION FOR A MEDICAL EMERGENCY. If you are experiencing a medical emergency, please consult a doctor in person or call the emergency medical services number immediately.
1.1 You will need to have an account in order to access the Services via the Platforms. You may sign up for an account on the Platform. The registration process requires you to provide your personal information, including your name, ID/passport number, policy number, date of birth, address, telephone number, email address and/or such other information as may be required by us.
1.2 You shall comply with all security procedures applicable to the Platforms which we may be introduced from time to time.
1.3 You shall, in your sole responsibility, maintain the confidentiality of your account information for the Platforms (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorised use thereof. You shall not at any time disclose such account information to any other party.
1.4 If you believe that the security of your account information has been compromised, you shall notify us immediately.
1.5 By signing up for an account via the Platforms, you represent and warrant that:
1.5.1 you are at least 18 years of age. If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s). By continuing to use the Platforms (thereby agreeing to this Agreement), your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Application; (ii) any charges associated with your use of any of the Application; and (iii) your compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Application immediately;
1.5.2 you have the full right, power, and legal authority to enter into this Agreement;
1.5.3 all information, data and particulars that you provide is complete, accurate, true and correct; and
1.5.4 you will use the Platforms for your personal use only and you will not authorise other persons to use your account nor transfer or assign it to any other person (with the exception of accounts established for children of whom you are the parent or legal guardian or geriatrics, as described below).
We shall be entitled, in the exercise of our sole discretion, to (i) refuse your registration if you fail to fulfil any one of the eligibility criteria above; (ii) suspend/terminate your account under the Application; and/or (iii) change the above eligibility criteria at any time.
1.6 If you are using the Services on behalf of a minor, you must be present during any video or physical consultation with the minor. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of product for the minor. You are assuming the obligations of this Agreement as they relate to the minor.
1.7 If you are using the Services on behalf of a geriatric with special needs, including but not limited to vision and hearing difficulties, you must be present during any video or physical consultation with the geriatric. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of product for the geriatric. You are assuming the obligations of this Agreement as they relate to the geriatric.
2.1 Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-sublicensable and non-exclusive licence to use the Website and/or Application on the Device for the purpose of obtaining the Services. All other rights not expressly granted to you are reserved by ArCare.
2.2 Access to some software components used in the Website and/or Application may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
2.3 Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
2.3.1 modify or adapt the whole or any part of the Website and/or Application, or permit the Website and/or Application or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
2.3.2 disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Website and/or Application or any components thereof;
2.3.3 communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Website and/or Application;
2.3.4 use the Website and/or Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable laws, including infringement of our intellectual property rights or those of any third party in relation to the Application;
2.3.5 use the Website and/or Application in a way that could damage, disable, impair or compromise the Application (or the systems or security of the Website and/or Application or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of the Website and/or Application and/or ArCare;
2.3.6 post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements;
2.3.7 use any automated process or service to access and/or use the Website and/or Application; and/or
2.3.8 provide, distribute or share, or enable the provision, distribution or sharing of, the Website and/or Application (or any data associated therewith) with any third party.
3.1 It shall be your sole responsibility, at your own cost:
3.1.1 to obtain all necessary hardware, software and communications services necessary for your use of the Application. Any network connectivity costs shall be born exclusively by you;
3.1.2 to take own steps to ensure the security of your Device; and
3.1.3 to make back-ups of data or other content posted via the Application, as these may be subsequently deleted by us or our service providers at any time without notice to you.
3.2 You agree that:
3.2.1 you are responsible for the correctness and accuracy of the information, particulars and statements, furnished by you to ArCare;
3.2.2 you are responsible for entering in the correct registration details to link your health insurance or to enjoy any corporate benefits. No refunds will be provided if you proceed with a transaction without the appropriate registration;
3.2.3 you shall be personally liable for, and to pay, any fees or charges in accordance with any terms in effect at the time they are incurred;
3.2.4 the licences granted herein do not confer on you any rights to use any other intellectual property rights of ArCare, our affiliates and/or licensors (as the case may be), including “ArCare”, the ArCare logos and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platforms, all of which are and remain the property of ArCare, our affiliates and/or licensors (as the case may be);
3.2.5 you shall comply with all applicable laws; and
3.2.6 we shall have the right to at any time and from time to time:
22.214.171.124 automatically update the Application and its components on your Device, add or remove functionalities, features or services (collectively, “Application Functions”);
126.96.36.199 vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate Application Functions and/or user rights; and/or
188.8.131.52 deny or restrict access to the Application or any Application Functions whether to any user or generally, or to block access from or to any resources at any time without ascribing any reasons whatsoever,and in any such event, you agree that no claims shall lie against us, our related companies, our agents or our service providers in connection therewith.
(II) Video Consultation/Telehealth Services
3.3 ArCare may offer various healthcare/telehealth services on the Platforms including medical consultations, mental wellness consultations, and other health and wellness services (“Healthcare Services”).
3.4 If you are using the video consultation functionality, you acknowledge and agree that:
3.4.1 You may arrange and schedule video consultations with providers who deliver the Healthcare Services (“Healthcare Providers”).
3.4.2 All requests for video consultation shall be subject to Healthcare Providers’ acceptance in his/her sole discretion and each consultation accepted by a Healthcare Provider shall constitute a separate agreement between Healthcare Provider and you, to which neither ArCare nor our affiliates are a party to.
3.4.3 The Healthcare Providers are independent professionals. Each Healthcare Provider is responsible for his/her Healthcare Services rendered to you and compliance with the requirements of his/her profession and licence;
3.4.4 ArCare is merely a provider of the Platforms, and other supporting services, and does not provide or engage in Healthcare Services. Neither ArCare nor any third parties who promote the Healthcare Services or provide you with a link to the Healthcare Services shall be liable for any professional advice you obtain from a Healthcare Provider via the Website or Application. ArCare does not take on any duty of care to you;
3.4.5 You shall ensure that the internet connection to which your Device is connected is of sufficient quality and strength to host a video-call consultation, otherwise video and/or audio quality may suffer.
3.4.6 Once your request is accepted, the Application may provide your information to Healthcare Provider, including your name, identification number. You agree to provide proof of identity and such information as requested by Healthcare Provider from time to time and to verify your identity with Healthcare Provider at the start of the video consultation. You acknowledge that you may be denied Healthcare Services if you refuse to provide proof of identity or assume a false identity. Healthcare Provider reserves the right to decline to accept any request for video consultation through the Application in its absolute discretion.
3.4.7 ArCare does not, and shall not be deemed to, direct or control the Healthcare Provider generally or in the Healthcare Provider’s performance under this Agreement specifically, including in connection with the Healthcare Provider’s provision of Healthcare Services or the Healthcare Provider’s acts or omissions.
3.4.8 Any opinions, advice or information expressed by the Healthcare Provider are those of the Healthcare Provider alone and they do not reflect the opinions of ArCare;
3.4.9 You will produce your personal identification documents (which includes a valid photo identification), company identification and/or insurance card to the Healthcare Provider when requested to do so during any consultation;
3.4.10 You are responsible for the correctness and accuracy of the particulars and statements, including your symptoms and health history, furnished by you to the Healthcare Provider;
3.4.11 You shall comply with any advice by any Healthcare Provider to consult a doctor or other healthcare professional in person or seek emergency or other treatment;
3.4.12 You shall (i) comply with any instructions given in relation to any prescription provided to you including, in particular, route, timing and dosages; (ii) promptly report any side effects of any prescription to a doctor; (iii) check the labels of the medication prescribed to verify the medication matches the prescription before consuming the medication delivered; (iv) protect anything prescribed to you and not permit any other person access to the prescribed medication; and (v) not use any prescription after its expiry date.
3.4.13 Upon the completion of Healthcare Services, we will prepare a receipt and issue such receipt to you via email or in such other manner as determined by us on Healthcare Provider’s behalf.
3.4.14 You shall not record in any media your interactions with Healthcare Providers through the Application;
3.4.15 Subject to ArCare’s cancellation terms and fees as set out in Clause 6, you may not cancel a scheduled appointment. You may however reschedule a scheduled appointment.
(III) Marketplace and Website
3.5 ArCare’s Marketplace and Website offers various healthcare-related products and services (including health packages such as home-based screening or vaccination) for purchase (“Healthcare Products”). Healthcare Products in the Marketplace and Website may be sold by third party vendors or ArCare (“Marketplace Providers”). If you are using the Marketplace functionality on the Application or purchasing a service on the Website, the following terms shall apply:
(a) Placing of Orders
3.5.1 You may place an order by completing the order form on the Platform and clicking “Confirm Purchase” or “Purchase” (“Order“). Marketplace Providers will not accept Orders placed in any other manner.
3.5.2 All Orders shall be subject to Marketplace Providers’ acceptance in its sole discretion and each Order accepted by Marketplace Providers shall constitute a separate agreement between Marketplace Provider and you. You acknowledge that unless you receive a notice from Marketplace Provider accepting your Order or arranging for an appointment, Marketplace Providers shall not be party to any legally binding agreement with you for the sale of or other dealings with the Healthcare Product and accordingly Marketplace Providers shall not be liable for any losses which may be incurred as a result. The Marketplace Provider reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
(b) Healthcare Products requiring Consultation
In the event a Healthcare Product requires a prescription from a doctor, you will be redirected to the video consultation platform of the Application for a consultation with a doctor, which is subject to separate consultation fees. You will not be able to purchase such Healthcare Product without a prescription from a licensed doctor.
(c) Prices of Healthcare Products
3.5.3 The price of the Healthcare Products listed on the Marketplace or the Website payable by you shall be the price as stated on the Platform (the “Product Price“).
We reserve the right to amend the Product Price at any time without giving any reason or prior notice.
(d) Risk and property of the Healthcare Products
3.5.4 Risk of damage to or loss of the Healthcare Products shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Healthcare Products, the time when ArCare or Marketplace Provider (as the case may be) has tendered delivery of the Healthcare Products.
3.5.5 Notwithstanding delivery and the passing of risk in the Healthcare Products or any other provision of this Agreement, the Healthcare Products shall not pass to you until ArCare has received in cleared funds payment in full of the price of the Healthcare Products and all other goods agreed to be sold by ArCare to you for which payment is then due.
3.5.6 Until such time as the property in the Healthcare Products passes to you:
184.108.40.206 you shall hold the Healthcare Products as ArCare’s fiduciary agent and bailee and shall keep the Healthcare Products separate from those of yours;
220.127.116.11 ArCare shall be entitled at any time to demand you to deliver up the Healthcare Products to ArCare and in the event of non-compliance ArCare reserves its right to take legal action against you for the delivery up of the Healthcare Products and seek damages and all other costs including but not limited to legal fees against you; and/or
18.104.22.168 you shall not pledge or in any way charge by way of security for any indebtedness any of the Healthcare Products which remain the property of ArCare and if you do so, all monies owing by you to ArCare shall (without prejudice to any other right or remedy of ArCare) forthwith become due and payable.
3.6 You acknowledge that:
3.6.1 While we endeavour to provide an accurate description of the Healthcare Products, we do not warrant that such description is accurate, current, or free from error;
3.6.2 ArCare shall not be liable for any failure or delay in delivery of your purchased Healthcare Product howsoever caused;
3.6.3 The pricing or availability of the Healthcare Products may change at any time at ArCare’s discretion. ArCare shall not be responsible for any such changes; and
3.6.4 You shall pay the relevant fees for any Healthcare Products purchased, and abide by all applicable payment terms as may be made known to you on the Platform or by ArCare.
4.1 Delivery charges, if any, shall be as set out in your receipt.
4.2 A surcharge will be imposed for delivery or home services to secured locations listed in the FAQs on the Website or the Application or any other locations as updated from time to time in the FAQs. ArCare reserves the right not to deliver medication to certain remote/secured areas.
4.3 You acknowledge and agree that:
4.3.1 delivery of the medication is subject to availability of the medication;
4.3.2 the delivery of the medication by ArCare is provided on a reasonable effort basis, within the delivery timeframe stated on the Application;
4.3.3 while stock information on the Application is updated regularly, it is possible that in some instances a medication may become unavailable between updates;
4.3.4 all delivery timeframes given are estimates only and delays can occur;
4.3.5 if the delivery of your medication is delayed, ArCare will inform you accordingly via e-mail and the medication will be dispatched as soon as it becomes available to ArCare. ArCare (and any of its agents) shall not be liable for any delay in delivery of your medication howsoever caused.
4.4 ArCare and its delivery service partners will make the best effort to contact you to complete the delivery of the Medication, or home-based services during the selected timeslots. If you are not present at the stated address at the time of delivery, additional charges may be imposed for the redelivery of order or additional trip for the home-based service. Prescribed medications will not be left at the designated address if you are not present at the time of delivery.
4.5 If you fail to take delivery of the medication (otherwise than by reason of ArCare’s fault) then without prejudice to any other right or remedy available to ArCare, ArCare (nor any of its agents) shall not be liable for any failure to deliver your medication.
5.1 You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable via credit card. You agree to ensure that any information or data you provide to us in connection with your payment details is accurate.
5.2 We may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities. You agree that you will provide such information and/or documentation promptly to us upon request. If you fail to do so promptly, we may, without any liability to you, either limit your use of, or suspend your account.
5.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
5.4 By providing ArCare with your credit card number and associated payment information, you agree that ArCare is authorized to immediately invoice your credit card for all fees and charges due and payable to ArCare hereunder and that no additional notice or consent is required.
5.5 If your health plan, insurer, employer or agency has arranged with ArCare to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with ArCare, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan, insurer or agency to determine if any fees or charges will be reimbursed.
5.6 If your health insurance coverage or employee benefits does not include or is not sufficient to satisfy the charges for the Services in full, you may be fully or partially responsible for payment.
5.7 In connection with your use of the Application, you shall bear the following fees and charges (collectively, the “Fees”):
5.7.1 in respect of video consultation, a consultation fee for each completed Healthcare Service requested by you through the Application calculated based on the rates as prescribed by ArCare on the Application from time to time, and any medication purchased at the price as stated on the Application;
5.7.2 delivery fees (if any).
5.8 For the avoidance of doubt, ArCare’s determination of the Fees shall be final, conclusive and binding on you.
5.9 All Fees shall be paid in advance, are non-refundable save as permitted under applicable refund policies as may be notified to you, and you further agree to bear all taxes and other duties payable thereon.
5.10 We may use payment processing agents to process your payment of any Fees. When you provide us with your credit card details, you authorise us and/or our payment processing agents to charge your credit card account automatically upon the expiry of each payment period as applicable in relation to the Fees. If we cannot charge your card successfully, we have the right to immediately terminate the transaction and/or access to your account.
5.11 In the case of debit or credit cards as funding sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
5.12 Unless otherwise stated, ArCare shall not be liable for any fees raised by third parties including card issuers or banks.
5.13 You shall be responsible to resolve any disputes with your debit or credit card company on your own.
5.14 If you have any promotional codes, you are responsible for keying in the correct promotional code into the Application at the time of payment. ArCare shall not be liable for any failure to key in the promotional code or for your keying in of an incorrect promotional code. No refunds or cancellation of the transaction will be entertained in such circumstances.
6.1 Unless as otherwise determined by ArCare in its sole discretion, no refunds will be given for any consultation (which is either completed or terminated by you), purchased medication, missed appointments or any other orders by you, once payment has been made by you via our Application.
6.2 In respect of the Video Consultation function, you may reschedule an appointment to another suitable time by contacting our customer support team at email@example.com in advance of the scheduled appointment.
6.3 In the event you are entitled to any refund for any reason in respect of any products or services on the ArCare Platforms, you agree that ArCare will issue you with a refund to the same credit card that was used in making payment. We may require you to provide additional information prior to processing any refund and you agree to cooperate with us.
8.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
8.1.1 we do not warrant or make any representations that the Website and/or Application is the appropriate channel of consultation for your particular healthcare problem, or meets your specific requirements. ArCare disclaims any liability for, any use of the Website and/or Application for the provision of any emergency services or where diagnosis or treatment-in-person is required. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions including without limitation: (i) urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; (iv) any condition deemed during a video consultation via the Application to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities;
8.1.2 you may be issued with a prescription for medicine by a Healthcare Provider and may be prompted to use delivery services for delivery or fulfilment of prescription medicines. You are under no obligation to purchase any prescribed medication. Healthcare Provider will use its best endeavours, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. ArCare shall not be responsible for (i) ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by Healthcare Provider; and (ii) any instructions in relation to the medication provided by the Healthcare Provider or anyone else associated with the provision of medication you have been prescribed;
8.1.3 we are not responsible for any of the information made available or accessed on or through the Website and/or Application or any decisions made by you based on any information made available or accessed on or through the Website and/or Application;
8.1.4 we do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website and/or Application and that any arrangement entered into between you and any Healthcare Provider or any third party named or linked to or from the Website and/or Application is at your sole risk and responsibility. The inclusion of Healthcare Providers on the Website and/or Application does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein;
8.1.5 the Website and/or Application (together with any Services, or other content, material or information available on the Website and/or Application) are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. Your use of the Website and/or Application is at your own risk;
8.1.6 the Website and/or Application may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Website and/or Application may be made public on the Website and/or Application, and read or intercepted by others;
8.1.7 ArCare does not warrant and hereby disclaims any representation, warranty or term with respect to the Website, Application and/or the Application Functions, whether express, implied or statutory, including but not limited to:
(i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website, Application and/or the Application Functions;
(ii) the Website, Application and/or the Application Functions being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Website, Application and/or the Application Functions and any related computer system is and will be free of all viruses and/or other harmful elements;
(iii) the Website, Application and/or the Application Functions and any related computer system is and will be free from any unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties;
(iv) the Website, Application and/or the Application Functions being compatible or working with any third party software, applications or third party services; and
8.2 ArCare is not liable for:
8.2.1 the potential and inherent risks associated with remote medical consultation and prescription through a Device, including without limitation: (i) the information transmitted by you or Healthcare Provider may not be sufficient or accurate (e.g. poor lighting or sound) to allow for appropriate healthcare decision making, thus necessitating consultation with a doctor in person; (ii) reliance on self-measurement and reporting of symptoms, including body temperature, blood pressure and weight, may result in inaccurate evaluation and diagnosis; (iii) a lack of access to all your health records; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment;
8.2.2 for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or the Platforms or Services and/or performing any transactions and/or purchase and/or arrangement of delivery of Product and/or obtaining and/or making any payment of any monies belonging to you;
8.2.3 any loss, damage, liability, injury or death which may arise in connection to Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from ArCare’s liability;
8.2.4 for the actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; and
8.2.5 any suspension, discontinuation, upgrade or modification to the Application or Application Functions which we may carry out from time to time without giving any reason or prior notice to you which affects your use of the Services, Application and/or the Application Functions.
The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from ArCare’s negligence.
9.1 You agree to fully indemnify and hold harmless ArCare, our affiliates, related companies, members, officers, employees, agents, partners and service providers (collectively, the “Indemnitees”) from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Application; (b) your breach of this Agreement and any terms relating to your use of the Application; (c) your access or use of the Application; (d) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (e) your breach of any rights of any other person.
10.1 To the maximum extent allowed under applicable law:
10.1.1 the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Website and/or Application, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any content or any other information made available or accessed on or through the Application or contained in or available from the Application or your use or reliance on any products or services available on or accessed via the Website and/or Application and/or the Application Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
10.1.2 in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application or any third party software or applications in conjunction with the Application, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages;
10.2 In the event that ArCare is held liable, ArCare shall only be responsible for direct losses or damages which may be reasonably expected to result from the circumstances and provided such losses and damages were caused by ArCare’s gross negligence or wilful default.
11.1 We have the right to terminate or suspend your account in our sole and absolute discretion without prior notice to you, for any reason at any time. Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you.
11.2 You may deactivate/terminate your Account at any time, for any reason by sending an email to firstname.lastname@example.org.
11.3 After such termination, ArCare:
11.3.1 will have no further obligation to provide the Services to you, except to the extent we are obligated under the applicable law to provide you access to your health records; and
11.4 Upon termination, you will cease to use the Platforms immediately.
11.5 To the extent permitted by applicable law, the disclaimers, indemnities, limitations of liability, termination and your representations and warranties shall survive any termination of this Agreement.
Neither ArCare nor any providers of Services under this Agreement shall be liable for delay in performing obligations or for failure to perform obligations under this Agreement if the delay or failure resulted from events, causes and circumstances beyond its reasonable control, including but not limited to, acts of God, governmental acts (including directives issued by regulators and amendments to legislation), shut down or failure of telecommunications facilities or networks, failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, epidemics, flood, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials.
13.2 We may from time to time update these terms of this Agreement by posting amendments at the Website or on the Application. By your continuing use of the Website and/or Application after any such amendment, you agree to be bound by this Agreement as so amended.
13.3 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
13.4 No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
13.5 We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
13.6 ArCare may give notice by means of a general notice on the Application, or by electronic mail to your email address, by SMS to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in ArCare’s records. You may only give notice to us in writing sent to our designated address or e-mail address.
13.6.1 Notices shall be deemed to have been duly given and received upon the expiration of 48 hours after mailing or posting (if sent by registered mail), 2 hours after sending (if sent by email), provided that no automated message is received stating that the email has not been delivered, or immediately (if sent by SMS). Notices on the Application shall be deemed to have been received by you whether or not you actually access the notice. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
13.6.2 This clause does not apply to notices issued in respect of legal proceedings.
13.7 The provisions of the Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of the Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the Parties’ intentions.
13.8 We reserve the right to delegate or sub-contract the performance of any of our Application Functions or Services or other obligations to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.
13.9 You may not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under these this Agreement to any affiliate or third party at our sole discretion.
13.10 Save for the related companies of ArCare, and as expressly provided in this Agreement including without limitation as referred to in Clause 9, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.
13.11 In the event that this Agreement is executed or translated in any language other than English, to the extent allowed under law, the English language version of this Agreement shall govern and shall take precedence over the foreign language version.
This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other). In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Malaysia which courts shall have exclusive jurisdiction.