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TERMS OF SERVICE

last updated November 2023

Table of Content1.0 Provision of Services

2.0 Site Content

3.0 Privacy

4.0 Representations, Warranties and Undertakings

5.0 Eligibility

6.0 Our Services

6.1 House Call

6.2 Registered Partner Pharmacy – Medication Collection

6.3 Telemedicine Services

6.4 Marketplace

6.5 Online Result Viewing

7.0 Internet Delays

8.0 IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS

9.0 Geo-Location Functionality

10.0 Credit Card Billing and Purchases

11.0 Account Security

12.0 License and Limitations on Use

13.0 Member Conduct

14.0 Disclaimers of Warranties

15.0 Limitation of Liability

16.0 Disclaimers Regarding Doctors and Healthcare Professionals

17.0 Indemnification

18.0  Business Uses of Our Services

19.0 Governing Law

20.0 Assignments

21.0 Promotions and Offers

22.0 Force Majeure

TERMS OF SERVICE

last updated October 2023

AVOID UTILIZING OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL ASSISTANCE FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLE BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 999 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

“MyDocLab Sdn. Bhd., and its predecessors, successors, licensors, beneficiaries, and/or affiliates (collectively referred to as “MyDocLab,” “we,” “us,” or “our”), operate the website located at https://mydoclab.com and other associated websites, as well as the MyDocLab mobile application (referred to as the “Application”)—collectively referred to as the “Site.” We provide online telehealth services and various online health-related services, including Home Visits by healthcare professionals (“Healthcare Professionals”), Medication Delivery, Telemedicine Services, marketplace, Nursing Services, and Ambulance Services (collectively known as “Services”). By downloading and using the Site, you hereby consent to adhere to the following terms of service, as outlined in this “Agreement.” If you do not wish to be bound by any of the terms within this Agreement, you should refrain from using the Site and the Services.

MyDocLab retains the right to amend and update this Agreement at any time, without prior notice. Any modifications will become effective when MyDocLab posts these updated terms in this location or in amended policies (if any) or supplementary terms (if any) applicable to the Service(s). By continuing to access or use the Application or our Services after such changes have been posted, you confirm your consent to be bound by these amended terms.

All terms that specify one gender will be inclusive of the other gender. Similarly, terms that specify a singular number will also include the plural and vice versa.

1.0 Provision of Services

The healthcare professionals delivering services via MyDocLab operate as independent professionals, practicing within a network of independently owned professional practices collectively referred to as “MyDocLab Professionals.” MyDocLab does not engage in the practice of medicine or any other licensed profession, nor does it interfere with the practice of medicine or other licensed professions by MyDocLab Professionals. Each MyDocLab Professional is individually responsible for their services and compliance with the regulations relevant to their profession and license. MyDocLab and any third parties endorsing or linking to the Services are not liable for any professional advice or services provided by a healthcare professional through the Services.

MyDocLab serves as a platform for users to access or request services. Unless explicitly stated, the Service is assumed to be provided by an independent third party, such as nurses (of any category), doctors, and other medical professionals available on the Application (referred to as “Third Party Providers”). These Third Party Providers operate as independent contractors when delivering the Service. MyDocLab’s role is limited to connecting the user with the Third Party Provider. MyDocLab bears no responsibility for the actions, negligence, or omissions of any Third Party Provider, and any liability regarding such Services is the sole responsibility of the Third Party Provider. Third Party Providers are not to be considered agents, employees, or staff of MyDocLab, and the services they offer are not attributed to MyDocLab.

2.0 Site Content

All content on the Site, except for the information provided by Healthcare Professionals, should not be regarded as medical advice. It should not be viewed as an endorsement, representation, or assurance that any specific medication or treatment is safe, suitable, or effective for your individual circumstances.

3.0. Privacy

MyDocLab is obligated to adhere to national privacy and security regulations and maintain protective measures to safeguard the security of your health information. Furthermore, the information you share with your Healthcare Professional during a medical consultation or therapy session is legally confidential, with specific legal exceptions outlined in our Privacy Policy, which can be accessed via this link: [Privacy Policy] (https://www.mydoclab.com/privacyPolicy). 

We dedicate substantial efforts to ensure the security of your personal information. Detailed information concerning our use of health and other personal data is available in our Privacy Policy. As part of our service provision, you may receive certain communications, including appointment reminders, service notifications, and administrative messages. These communications are an integral component of the Services. 

While secure electronic messaging is always preferred over unsecured email, in certain circumstances, unsecured email exchanges containing personal health information may occur between you and MyDocLab. Please be aware that the security and confidentiality of messages sent via email cannot be guaranteed. Information related to your healthcare, including clinical notes and medical records, is securely stored on encrypted servers maintained by MyDocLab.

4.0 Representations, Warranties and Undertakings

4.1. When you register on the Site, you must establish an account (“Account”) by providing your name, email address, password, and other pertinent information collected by MyDocLab, collectively referred to as “Account Information.” To create an Account, you must be of legal age to enter into a binding contract. If you do not meet the legal age requirement for a binding contract, you are not eligible to register and use our Services. You affirm that the Account Information you furnish to us, including during registration and any information you upload to the Site, is accurate, current, complete, and truthful. You are not allowed to transfer or share your Account password with others or create more than one Account, with the exception of establishing sub-accounts for your children, for whom you are the parent or legal guardian. It is your responsibility to maintain the confidentiality of your Account password and to oversee all activities conducted under your Account. MyDocLab retains the right to take any action it deems necessary or reasonable concerning the security of the Site and your Account Information. In no circumstance shall MyDocLab be held liable for any liabilities or damages arising from your use of the Site, your use of Account Information, or the disclosure of Account Information to a third party. You are not permitted to use another person’s account under any circumstances.

4.2. User Representation and Warranty

  1. By utilizing the Site and Services, you confirm and warrant that you:

Have the legal capacity to enter into this Agreement and are at least eighteen (18) years old. If you are under eighteen (18) years old, you cannot enter into this Agreement.

  1. You will solely utilize the Site and Services for their intended and lawful purposes.
  2. You will maintain the security and confidentiality of your account password or any provided identification that grants access to the Site.
  3. You agree to promptly report any unauthorized use of your account or any security breaches to us.
  4. You will not disrupt or damage the Site and/or Services in any manner.
  5. You will not attempt to commercially exploit any part of the Site without our prior written consent. This includes, but is not limited to, modifying the Site’s content, copying, reproducing, publicly displaying, distributing, or using them for any public or commercial purpose without our prior written permission.
  6. You shall not obstruct or circumvent the proper functioning of the network on which the Service operates.
  7. You will not grant others permission to use your identity or user status, and you may not transfer your user account to any other individual or entity.
  8. You will provide us with any necessary proof of identity or other documents, permits, licenses, or approvals reasonably requested or required by us.
  9. You will not use the Site to transmit or store unlawful material or for fraudulent purposes.
  10. You will not employ the Site to cause a nuisance or engage in inappropriate or disrespectful behavior towards MyDocLab or any third party.
  11. When using the Site or Service, you will comply with all applicable laws, including regulations and rules issued by the Ministry of Health concerning your use of the Service.
  12. You will not copy or distribute the Site or other content without prior written consent from MyDocLab.
  13. You acknowledge that the Site is provided on a reasonable effort basis.
  14. You agree to cooperate with MyDocLab in any internal or external investigations as required by MyDocLab to comply with prevailing laws or regulations.
  15. You accept full responsibility and liability for any losses or damages incurred by yourself, MyDocLab, or any other party as a result of your violation of this Agreement.

5.0 Eligibility

5.1. To utilize the Site and access the Services offered through the Site, you must be a resident of Malaysia and be 18 years of age or older. Please be aware that there may not always be a doctor available in your area, and we cannot guarantee the availability of a doctor or other healthcare professionals to provide Services in your locality.

5.2. If you are seeking pediatric Services for a minor, you are required to confirm that you are the parent, guardian, or another responsible adult for the minor. By using the Site and our Services, you affirm that you are at least 18 years of age or are the parent, guardian, or another responsible adult for a minor.

5.3. It is your responsibility to promptly inform us of any changes affecting your eligibility to use the Services, including but not limited to alterations in your medical condition or physical fitness.

6.0 Our Services

6.1 House Call

(a) We offer a platform that connects you with qualified and duly registered doctors (“Doctors”) who provide on-demand house call services, whether it’s at your home, office, or hotel (“House Call”). We conduct comprehensive background checks on Doctors to ensure their medical certification and registration with the Malaysian Medical Council.

(b) Doctors who promote their services on MyDocLab act as independent contractors and are not employees of MyDocLab. Our employees do not offer healthcare services to users and do not participate in medical diagnoses or treatments. MyDocLab is not responsible for any professional advice given by the doctor providing the house call service, either in-person or via telephone, or for any information obtained on our Site. We do not endorse or recommend specific tests, healthcare service providers, medications, products, or procedures. You acknowledge that your reliance on any doctors featured on our Site or information provided by such Doctors is entirely at your own risk, and you assume full responsibility for all associated risks to the extent allowed by the law.

(c) You should consult with your regular licensed doctor when necessary, and before seeking any new treatment, or making alterations, suspensions, or initiations in your medical treatment, medication regimen, or any healthcare-related procedure or activity. You should not disregard medical advice from your regular licensed doctor or healthcare provider.

(d) The Doctor featured on MyDocLab is an independent professional who is solely responsible for the services provided to you. MyDocLab is not responsible for any issues related to the Doctor’s or healthcare professional’s professionalism, timeliness, medical treatment, diagnosis, advice, information provided, or any other actions or omissions related to the services provided by the Doctor or healthcare professionals.

(e) When requesting a House Call, the Site will automatically transmit your location to determine if a Doctor provides services in your area. If a Doctor is available, they will be dispatched to your location after providing certain relevant information through the Site.

(f) If you use the Site for Services to a minor, you must be present during the Doctor’s visit with the minor, be responsible for payment for the Services provided to the minor, and assume the obligations of this Agreement as they pertain to the minor.

(g) Unless otherwise stated, any new features that enhance or expand the current Services will be subject to this Agreement. You are responsible for all equipment and devices necessary to access the Site.

(h) Concerning the provision of House Calls, the Site is exclusively for account management and providing information about a Doctor offering services in your area. The Site does not offer medical care or advice directly to you. A report of your symptoms will be conveyed to the Doctor.

Fees/Rates

(i) MyDocLab charges a fee for the House Call by debiting the fees from your e-Wallet, credit, or debit card. The fee to be charged is as displayed on the Site, and these fees/rates are subject to change at MyDocLab’s discretion, without prior notice.

(j) Each request made by you is for one patient per visit only.

(k) The applicable rate for the House Call depends on the time of day when the request is made and is outlined as follows:

– Requests made between 8:00 am and 7:59 pm are charged at RM 250.

– Requests made between 8:00 pm and 7:59 am are charged at RM 380.

(l) If you wish for the Doctor to attend to another person while the Doctor is on-site attending to your request, you must submit a new request via the Site accordingly.

(m) The rates mentioned above include basic medications for symptomatic relief, such as for fever, pain, cough, runny nose, headache, diarrhoea, gastric pain, and allergies, for up to 3 days’ supply only. Any other medications, if prescribed and given, are not included and will be charged separately by the attending Doctor.

(n) To access our Services, you must provide certain personal information and register for and maintain an active personal membership account (“Account”). We prioritize your privacy, and you can find our complete privacy policy at this link (“Privacy Policy”): [Privacy Policy]( https://www.mydoclab.com/privacyPolicy). Our Privacy Policy is explicitly incorporated into this Agreement by reference. It explains how we handle your personal data and safeguard your privacy when using our Services. By utilizing our Services, you consent to MyDocLab and Partner Pharmacies using such data in accordance with our Privacy Policy.

Refund Policy

Once services have been rendered, no refunds will be provided. Refunds will only be issued in the event of a cancellation made before a request has been accepted by the Doctor. Once a Doctor has accepted a request, the user will be charged the full amount, regardless of whether the user cancels the visit or not. If a user cancels a visit through the Application, the Doctor will be notified. A refund will also be granted if the Doctor cancels a visit. In cases of Doctor-initiated cancellations, the user will not incur charges, and the Doctor will not receive payment for that visit. Additionally, the user will have the option to request another Doctor, and the new transaction will be subject to the same refund policy.

6.2 Registered Partner Pharmacy – Medication Collection

(a) Registered Partner Pharmacies (“Partner Pharmacy”) are entities legally authorized to dispense medications when a legally valid prescription is received from an independent healthcare provider and/or healthcare professional. Prescriptions are issued solely at the discretion of the prescriber. MyDocLab does not participate in, nor is it intended to be involved in, the dispensing of medications or act as an agent for medication dispensation. Partner Pharmacy functions solely as an agent to dispense medications to you as prescribed and directed by independent healthcare providers and/or healthcare professionals. MyDocLab and Partner Pharmacy reserve the absolute right to decline a prescription for any reason at any time. In such cases, neither MyDocLab nor Partner Pharmacy shall be held accountable for such declination or any consequences thereof. MyDocLab and Partner Pharmacy are not responsible or liable for the dispensation of prescription medications as directed by independent healthcare providers and/or healthcare professionals. Any actions, issues, and disputes arising from the prescribing and/or dispensing of medications must be addressed and brought against independent healthcare providers and/or healthcare professionals directly.

(b) You are responsible for providing valid credit or debit card details that may be charged for payment. We reserve the right to refrain the pharmacists from dispensing your medications if your payment details have expired or are invalid in any way. In such instances, we will attempt to contact you to enable you to provide updated information to facilitate medication dispensation.

c) Upon collecting your medications at MyDocLab partner pharmacies, pharmacists will provide your medications along with essential guidance and counseling.

(d) You are responsible for informing MyDocLab and Partner Pharmacy of any other medications, supplements, and traditional medicine you are taking.

(e) You are responsible for informing MyDocLab and Partner Pharmacy of any allergies. MyDocLab and Partner Pharmacy are not responsible for any allergic reactions resulting from undisclosed allergies.

(f) Warning – You should thoroughly inspect all dispensed items and refrain from taking any medication that appears to have been tampered with or may have been dispensed in error. Failure to heed this warning could seriously affect your health. 

(g) It is crucial that the information you provide is accurate, and that all relevant facts are disclosed, as this could impact the advice you receive. If you provide information about someone other than yourself, you must ensure they understand how their information will be used and have their authorization to provide it to us and provide relevant consent on their behalf. By supplying their information to us, you confirm this to be the case. 

Warning: You must consult with your own doctor before following or refraining from any course of action or treatment based on advice provided by our pharmacists. Failure to do so could seriously harm your health.

(h) Cancellation/Confirmation of Orders – We will send an electronic acknowledgment upon successful payment of the electronic order. Cancellations will not be entertained once payment is confirmed and submitted by you. If ordered items are unavailable, we will send you a message for further action.

(i) Exchange & Refunds – All goods sold are non-exchangeable and non-refundable.

(j) We respect your privacy, and you can find our complete privacy policy at this link [Privacy Policy]( https://www.mydoclab.com/privacyPolicy).

(k) You use this service entirely at your own risk and acknowledge that MyDocLab and Partner Pharmacy are not responsible for any damage, losses, costs, or expenses you may incur because the Service is unavailable or does not operate as expected or causes the loss or damage of any data.

(l) MyDocLab and Partner Pharmacy reserve the absolute right to amend these terms and conditions at any time without prior notice at their sole discretion. Any changes or variations to these terms and conditions will be posted on this site. You are responsible for checking this page for changes and updates to the Terms of Service. Your use of the Site and the Service following any posted change(s) to the Terms of Service will be deemed an acceptance of such change(s).

6.3 Telemedicine Services

(a) Telemedicine involves delivering healthcare services using interactive text, audio, and video technology, where the patient and the healthcare professional (“Treating Provider”) are not physically present in the same location. At MyDocLab, we offer online telemedicine services (“telemedicine Services”), enabling users to share their health history and engage with Treating Providers to receive medical and healthcare services. All Treating Providers delivering telemedicine Services through MyDocLab are independent professionals solely responsible for the services they provide. MyDocLab does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for their services and compliance with the requirements applicable to their profession and license. MyDocLab and any third parties promoting telemedicine Services are not liable for any professional advice you receive from a Treating Provider via the telemedicine Services. While we have made every effort to provide you with the best information, telemedicine Services are not a substitute for an in-person visit with your healthcare professional, and any reliance on or use of this information is entirely at your own discretion and risk.

(b) During your telemedicine consultation with a Treating Provider, details of your health history and personal health information may be discussed with you using interactive text, video, audio, and other telecommunications technology, and your Treating Provider may perform an examination through these technologies.

(c) The telemedicine Services you receive from Treating Providers are not intended to replace a primary care physician relationship or serve as your permanent medical home. You may establish an ongoing treatment relationship with certain Treating Providers. However, your initial visit with a Treating Provider will begin as a consultation (e.g., to determine the most appropriate treatment setting for you) and may not necessarily lead to an ongoing treatment relationship. You should seek emergency assistance or follow-up care as recommended by a Treating Provider or when otherwise necessary, and continue to consult with your primary care physician and other healthcare professionals as advised. We may arrange follow-up care through MyDocLab or other healthcare providers. You will have direct access to customer support services to address medication reactions, side effects, or other adverse events. The benefits of our telemedicine Services include improved access to healthcare professionals and convenience. However, as with any healthcare service, there are potential risks associated with telemedicine. These risks may include, but are not limited to:

(d) In rare cases, the transmitted information may not be sufficient (e.g., due to poor image resolution) for appropriate healthcare decision-making by the Treating Provider.

(e) Delays in evaluation or treatment could occur due to electronic equipment failures. If this occurs, you may be contacted by phone or other means of communication.

(f) In rare cases, a lack of access to all your health records may result in adverse drug interactions, allergic reactions, or other judgment errors.

(g) Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols may fail, leading to a breach of personal health information privacy.

(h) By accepting these Terms of Service, you acknowledge that you understand and agree to the following:

(i) You understand that you may anticipate the benefits of using telemedicine in your care, but no specific results can be guaranteed or assured.

(ii) You understand and have read MyDocLab’s Privacy Policy, which can be found here: [Privacy Policy](https://www.mydoclab.com/privacyPolicy).

(iii) Your Treating Provider may determine that telemedicine Services are not appropriate for some or all of your treatment needs and may decide not to provide telemedicine Services through the Site.

(iv) Do not use our services or the application to seek medical services that require immediate or emergent medical attention. Call 999 or go to the nearest emergency room immediately if you have an emergency medical need.

6.4 Marketplace

MyDocLab’s marketplace feature, known as “Marketplace,” is an e-commerce platform that offers a range of healthcare products and services. Customers can purchase health screening packages from participating healthcare providers and also access their medical test results online through MyDocLab’s Health Wallet feature.

6.4.1 Key Definitions:

Customer Account: A record of your personal information and services on the Site.

Partner: The provider or supplier of goods and services on the Site.

Product: Any good or service available for sale, including vouchers for goods and services from Partners.

Service: The facilitation of transactions between customers and Partners.

Site: The MyDocLab marketplace website and mobile application.

Voucher: A code or permit that can be redeemed for goods and services from Partners.

6.4.2 Orders and Payment

(a) You can make payments for goods and services using various payment methods available on the Site.

(b) MyDocLab assists in ordering goods and services from selected Partners. When you place an order on the Site:

(i) You authorize MyDocLab to act as your representative to engage the Partner and make payments on your behalf.

(ii) Upon confirming your order, a legally binding contract for the ordered Products is formed between you and the selected Partner. MyDocLab is not a party to this contract unless explicitly provided otherwise herein.

(iii) Delivery of Products is subject to payment received in cleared funds.

(c) Transactions are payable in Malaysian Ringgit. MyDocLab is not responsible for any fees incurred for the use of e-Wallets, online banking, or credit cards, or for any applicable taxes.

(d) Additional charges may apply if using a non-Malaysian issued credit/debit card due to Foreign Exchange.

6.4.3 Delivery & Collection

(a) Selected Partners deliver ordered Products to the specified delivery address via a courier service appointed by the Partner.

(b) Estimated delivery times are approximate and not guaranteed. MyDocLab is not responsible for any losses, liabilities, costs, damages, or expenses resulting from late delivery.

6.4.4 Risk and Property

(a) MyDocLab does not assume any risk or hold property in the Products. MyDocLab is not liable for costs related to loss, damage, or theft of delivered Products.

(b) Risk of damage or loss of Products passes to you upon delivery or when delivery is tendered by the Partner.

(c) The property in purchased goods does not transfer to you until MyDocLab has received full payment.

6.4.5 Voucher Use and Redemption

(a) Vouchers are redeemable only for the specified goods and services within the validity period.

(b) Vouchers cannot be exchanged or redeemed for cash.

(c) Vouchers generally cannot be stacked or combined with other vouchers or promotions unless stated otherwise.

(d) MyDocLab is not responsible for lost or stolen vouchers or fraudulent voucher use.

(e) Vouchers may have additional terms and conditions that supplement these Terms and Conditions. In case of inconsistency, the Voucher Terms prevail.

(f) MyDocLab may, at its discretion, extend voucher redemption or validity, subject to conditions.

6.4.6 Voucher Availability and Scheduling

(a) Goods and services redeemable by Vouchers are subject to availability. MyDocLab and Partners do not guarantee availability on preferred dates and times.

(b) Even if a range of dates is provided, appointments or bookings may still be required to redeem goods and services.

(c) Services like courses or sessions may be scheduled at intervals determined by MyDocLab or the selected Partner.

(d) MyDocLab and the selected Partner may cancel and reschedule appointments. They are not liable for any associated expenses incurred due to cancelled or rescheduled appointments.

6.4.7 Cancellations, Exchanges, and Refunds

(a) MyDocLab may cancel orders without prior notice. You are entitled to a refund, but the processing time depends on your financial institution.

(b) Orders cannot be cancelled once placed.

(c) MyDocLab may, at its discretion, allow exchanges or refunds for goods if certain conditions are met.

(d) Exchanges or refunds for goods may be subject to delivery or processing fees, determined on a case-by-case basis. Refunds are processed to your payment account.

(e) Partners are responsible for all refund requests related to delivery or product complaints.

(f) Certain products, like medical devices or perishable items, are not exchangeable or returnable for hygiene reasons.

(h) Promotional and sale items and purchases with discount vouchers or promo codes are non-refundable and non-exchangeable.

(j) Failed deliveries result in a maximum of two delivery attempts. After the second attempt, orders become non-refundable.

(k) MyDocLab has sole discretion in matters related to cancellations, exchanges, and refunds.

6.4.8 Feedback

(a) MyDocLab is granted a license to use customer feedback for various purposes, including public display.

(b) Customer feedback may not be monitored for accuracy and should not be considered medical advice.

(c) MyDocLab may remove customer feedback at its discretion.

6.4.9 Modification to the Services / Suspension or Termination of Customer Account

MyDocLab has the right to modify services or suspend/terminate customer accounts without notice.

6.4.10 Disclaimers of Warranties

(a) MyDocLab disclaims warranties regarding the accuracy and completeness of content on the Site and the efficacy of the services.

(b) Use of the Site and services is at your own risk, on an “as-is” and “as available” basis, without warranties of merchantability, fitness for a particular purpose, or non-infringement.

(c) Information provided on healthcare goods, services, and packages is for general information and does not constitute medical advice. MyDocLab is not liable for the use of this information.

6.5 Online Result Viewing

6.5.1 Users can view their laboratory test results and radiology images (“Medical Reports”) on the Site through the “Result Viewing Services.”

6.5.2 By accessing Medical Reports through the Site, users agree to the Terms and Conditions.

6.5.3 MyDocLab is a technology platform connecting users to third-party providers, and does not participate in testing or report production. Users agree that MyDocLab is not liable for the accuracy or reliability of information in Medical Reports.

6.5.4 Users must not misuse Result Viewing Services, including engaging in illegal activities or interfering with the Site’s operation.

6.5.5 Users are responsible for maintaining their account information. MyDocLab must be notified of any changes or inaccuracies.

6.5.6 Users are responsible for the proper maintenance and security of their computer systems when accessing the Site and Result Viewing Services.

6.5.7 MyDocLab reserves the right to modify the Site and services and suspend or terminate user accounts.

6.5.8 Users grant consent to MyDocLab to collect and process personal data for Result Viewing Services and to disclose data to relevant authorities as required by law.

7.0 Internet Delays

7.1 Users recognize that the Service and/or the Site may be susceptible to inherent constraints, delays, and various challenges linked to internet and electronic communication. These may encompass issues arising from the user’s device, as well as complications involving Registered Partner Pharmacies, Treating Providers, and Partners. It is important to note that neither MyDocLab nor these entities bear responsibility for any delays, delivery failures, or any ensuing damages or losses resulting from such issues.

8.0 IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS

8.1 When you use the Site or any of the Services, you are explicitly agreeing and recognizing that MyDocLab is not a medical institution, hospital, or staffed by individuals with medical training.

8.2 It is important to be aware that MyDocLab’s staff members are not authorized to provide medical advice, and the information you may encounter on the Site or through the use of any of the Services should not be interpreted as medical advice. Even though independent contractors, including Registered Partner Pharmacy, Treating Providers, and Partners, along with their employees, make diligent efforts to offer high-quality information, MyDocLab explicitly disclaims any implicit guarantee or warranty regarding the accuracy, completeness, timeliness, or pertinence of any information provided via the Site or through the services of healthcare professionals dispatched to you or any family member through the Site.

9.0 Geo-Location Functionality

9.1 MyDocLab utilizes specific functionalities and services offered by third-party providers to incorporate maps, geocoding, places, and related content from Google, Inc. (“Google”) into its services, known as the “Geo-Location Services.” Your utilization of the Geo-Location Services is governed by Google’s existing Terms of Use for Google Maps/Google Earth, which can be found [here](http://www.google.com/intl/en_us/help/terms_maps.html). By using the Geo-Location Services, you are consenting to be bound by Google’s Terms of Use.

10.0 Credit Card Billing and Purchases

10.1 MyDocLab’s billing process is conducted using our designated payment gateway service provider, iPay88.

11.0 Account Security

11.1 You are solely responsible for all activities that occur under your Account, and you must ensure the security and confidentiality of your Account username and password at all times. In the event of any unauthorized use of your username or password or any other security breach, you must promptly notify us. MyDocLab will not be held responsible for any losses or damages resulting from your failure to comply with this requirement. It is essential to exercise caution when accessing your account from a public or shared device or when using unencrypted email for discussing private matters with any healthcare professional, to prevent unauthorized viewing, recording, or interception of your password or personal information. You have been duly informed of the risks associated with transmitting your personal information through unsecured means.

11.2 Your personal information, as well as that of any minor for whom you are responsible, is securely maintained by MyDocLab once it is received, in compliance with applicable laws.

12.0 License and Limitations on Use

12.1 MyDocLab grants you a limited, personal, non-exclusive, and non-transferable right and license to use the Site and access our Services through the Site. Unless otherwise explicitly stated in writing, the Site and Services are intended solely for your personal and non-commercial use. The Site, including its content, metadata, design, organization, compilation, appearance, fitness and nutrition plans, source and object code, HTML code, and all other protectable intellectual property made available through the Services and/or constituting the Site (collectively referred to as the “Proprietary Materials”), is either owned by MyDocLab or licensed to us and is protected by copyright and other intellectual property laws. All rights not expressly granted in this Agreement with respect to the Proprietary Materials are reserved by MyDocLab. Without our prior written consent, you are prohibited from copying, reproducing, selling, publishing, distributing, displaying, retransmitting, or providing access to the Proprietary Materials to any other person. You are also prohibited from reorganizing, modifying, creating derivative works, or reverse engineering the Proprietary Materials. Furthermore, you are not allowed to create, scrape, or display our content for any purpose. Posting any content from the Site to weblogs, news groups, mail lists, or electronic bulletin boards without our prior written consent is strictly prohibited.

12.2 By using the Site or the Services, you acknowledge and agree that your use:

(a) Will be strictly for lawful purposes, and you will never use it for sending or storing unlawful materials or for fraudulent activities.

(b) Will not result in nuisance, annoyance, disruption, or inconvenience to MyDocLab and the independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners).

(c) Will not impair the proper functioning of the network.

(d) Will only be carried out through authorized access points or wireless data accounts (AP) that you have permission to use.

(e) May incur standard messaging charges from your wireless provider.

13.0 Member Conduct

13.1 We retain the authority to end your membership status if you misuse the Application, our Services, or our website, or if you infringe upon this Agreement, including, but not limited to, the subsequent guidelines of conduct:

13.2 You are not allowed to:

(a) Upload, publish, or send to the Doctor or the independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners) through any means or provide any content or materials that are illegal, damaging, menacing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of someone’s privacy, hateful, or exhibiting racial, ethnic, or other forms of objectionable behavior.

(b) Pretend to be another individual or entity, which includes another Member, the independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners), or an employee of MyDocLab, or falsely claim or otherwise misrepresent your association with any individual or entity.

(c) Manipulate headers or tamper with identifiers to conceal the source of any transmitted information.

(d) Upload, publish, email, or in any way transmit via the Site any content, materials, or comments that could be interpreted as providing “medical advice.”

(e) Make an attempt to disrupt or interfere with our servers or networks.

(f) Pursue or engage in unwelcome behaviors such as stalking against another user or Member of our Services, our employees, or the independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners).

(g) Request, gather, or post personal information or try to request, gather, or post personal information about other users, minors, or Members, including usernames or passwords, or access or attempt to access another user’s account without their consent, or in the case of a minor, without the consent of the minor’s parent, guardian, or another responsible adult.

(h) Deliberately or unintentionally breach any relevant local, state, national, or international laws or any regulations that hold legal force.

14.0 Disclaimers of Warranties

Your use of the Application, the Services, including those provided by the Doctor and healthcare professionals, and our website is at your own risk. MyDocLab explicitly disclaims any guarantees or warranties regarding the accuracy, completeness, timeliness, or effectiveness of the content on the Site. We assume no responsibility or liability for any errors, mistakes, or inaccuracies in such content or in the Services provided by MyDocLab, or the information and advice provided by independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners) through our Application or website.

You agree that when you access and use the Application Services, our website, the independent contractors, and the content and services available through them, you do so on an “as-is” and “as available” basis. MyDocLab specifically disclaims any guarantees or warranties, whether expressed or implied, including, but not limited to, guarantees or warranties of merchantability, fitness for a particular purpose, and non-infringement.

MyDocLab does not warrant or make any representations regarding the use or the results of using the products, offerings, content, and materials available through the Application or our website. This includes the availability, use, or results of services provided by independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners). If any competent authority deems any portion of this section to be unenforceable, then MyDocLab’s liability and responsibility will be limited to the maximum extent permitted by applicable law.

You acknowledge and agree that MyDocLab does not provide medical advice, diagnosis, or treatment. MyDocLab is strictly a technology platform that facilitates the connection of patients with independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners) in the MyDocLab network. You also acknowledge and agree that independent contractors using the Site are solely responsible for and have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional healthcare services performed. All diagnoses, treatments, procedures, and other professional healthcare services will be provided and performed exclusively by or under the supervision of independent contractors, in their sole discretion, as they deem appropriate.

15.0 Limitation of Liability

You recognize and agree that neither MyDocLab nor Panel Pharmacies will be accountable to you or any minor under your responsibility for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any other damages of any kind. These damages include but are not limited to losses in profits, goodwill, utility, data, or other non-tangible assets, even if we’ve been made aware of the potential for such damages. These damages may arise from:

  1. The use or inability to use the Application, Services, or the website.
  2. The use of any content or materials on the Application, Services, or website, or any linked websites.
  3. Expenses related to acquiring substitute products or services due to items, data, information, or services bought, obtained, or transactions entered into through the Application, Services, or website.
  4. Unauthorized access to or alteration of your transmissions or data.
  5. Statements, services, or actions of any third party through the Application, Services, the website, or any independent contractors (including MyDocLab Panel Pharmacies / Treating Providers / Partners / Service Ambulance / Caregivers).
  6. Any other matters connected to the Application, Services, or the website.

Under no circumstances will MyDocLab’s total responsibility to you or any minor under your care for any damages, losses, or legal claims (whether in contract, tort, including negligence, or otherwise) surpass the amount you paid to MyDocLab for using the Services. If any part of this liability limitation is determined to be invalid, MyDocLab’s responsibility will be restricted to the maximum extent allowed by applicable law. If, based on applicable law, we cannot disclaim any implied warranty or limit our liability, our warranty’s scope and duration, as well as the extent of our liability, will be the minimum legally allowed.

16.0 Disclaimers Regarding Doctors and Healthcare Professionals 

MyDocLab does not explicitly endorse any doctor or healthcare professional on the Application. Any statements, advice, opinions, or other information provided to you by a doctor or healthcare professional are solely the responsibility of that individual and not MyDocLab. Relying on any information provided by a doctor or healthcare professional through the Application, Services, or our website is entirely at your own risk.

MyDocLab does not make any claims or warranties regarding the conduct, competence, or the accuracy, completeness, timeliness, or relevance of the information provided by doctors or healthcare professionals, or the services they offer. Doctors and healthcare professionals are responsible for adhering to legal and local requirements for malpractice and liability insurance. All interactions with doctors are between you and the licensed doctor. By using the Service, you agree not to hold MyDocLab liable in any way for any malpractice or substandard treatment provided by the doctor to you or any minor under your care.

Under no circumstances will MyDocLab be liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising from your conduct, any minor under your care, or anyone else in connection with your use of the Application, Services, or our website. This includes bodily injury, emotional distress, and any other damages resulting from your use of information, advice, or suggestions provided by a doctor or healthcare professional or from communications or meetings with doctors, members, or any other individuals you encounter through the Application, Services, or our website.

You agree to take reasonable precautions in all interactions with doctors and healthcare professionals, especially if you or any minor under your care decide to meet offline or in person.

17.0 Indemnification

You consent to protect, indemnify, and absolve MyDocLab and Registered Partner Pharmacy, along with their respective affiliates, directors, officers, agents, and employees, from any and all liabilities, penalties, claims, causes of action, and demands filed by third parties (including related costs, expenses, and attorney fees). These claims may arise due to:

  1. Your utilization of the Application, Services, or our website, or any inability to use them.
  2. Allegations that you breached any representation, warranty, covenant, or condition in this Agreement.

Your commitment to defend, indemnify, and hold MyDocLab (including its officers and directors) harmless applies irrespective of whether a claim against MyDocLab is based on contract or tort (including strict liability), and regardless of the form of the claim. This includes instances like your infringement of third-party rights, claims that the Application, Services, and/or our website caused harm to you or any third party, or your use and access to the Application, Services, and/or our website.

Additionally, you accept responsibility for indemnifying, defending, and holding your Treating Provider(s) free from any third-party claims resulting from your failure to follow the advice or recommendations of these Treating Providers. This indemnification clause will remain in effect even after you terminate or cease your use of the Application, Services, and our website.

18.0  Business Uses of Our Services

If you use our Services for business purposes, your business agrees to these terms. Your business will protect and indemnify MyDocLab and Registered Partner Pharmacy, including their respective directors, officers, affiliates, agents, and employees, from any claim, lawsuit, or action stemming from or connected to the use of the Services or a breach of these terms. This includes any liability or costs arising from claims, losses, damages, legal actions, judgments, legal expenses, and attorney fees.

19.0 Governing Law

This agreement serves as the final and comprehensive understanding between us concerning your usage of the Application, Services, and our website for yourself, a household member, or a minor you are responsible for. It supersedes all previous verbal or written agreements about your use of these services. The terms of this agreement are separable, and if any part is deemed invalid or unenforceable, it will be interpreted as broadly as possible to make it valid and enforceable.

MyDocLab has the right to modify and update this agreement without prior notice. These changes become effective when MyDocLab posts the updated terms at this location or within amended policies or supplemental terms on the respective services. We can also discontinue or alter the Application, Services, or our website, and their availability to you, at any time.

This agreement is personal to you, which means you cannot transfer your rights or responsibilities under this agreement to anyone else. You consent to this agreement and any claims arising from it being governed and interpreted according to the laws of Malaysia, applicable to contracts formed entirely within Malaysia and performed wholly in Malaysia, without considering any conflict or choice of law principles. Any legal disputes related to this agreement or the Application will be exclusively handled by an appropriate federal or state court located in Malaysia.

20.0 Assignments

MyDocLab has the option to transfer its rights and responsibilities outlined in this Agreement. This Agreement will be advantageous for MyDocLab’s successors, those who take on these responsibilities, and anyone granted a license. If either party doesn’t insist on strict compliance from the other party regarding any part of this Agreement, or if they don’t exercise a right specified in the Agreement, it should not be interpreted as giving up that right in any instance. Instead, those rights will continue to be fully enforceable and in effect.

21.0 Promotions and Offers

As part of our commitment to serving our users, we may encourage your participation in and enjoyment of our promotions. The terms and conditions listed below are applicable to all offers and promotions, unless explicitly mentioned otherwise. When you accept any promotional offer, you are agreeing to adhere to the additional terms outlined here. The Application retains the right to send specific promotions to particular users. We might use the personal information you provide (including your email address) to share information about our contests and promotions with you, either via email or other means, in accordance with our Privacy Policy. However, we won’t utilize your personal information for our promotions or product marketing without obtaining your prior written consent. Despite this, you consent to MyDocLab sharing your personal information with the independent contractors (including Registered Partner Pharmacy / Treating Providers / Partners) featured on the Site in connection with any services these contractors provide to you. Please be aware that MyDocLab cannot be held responsible for any unauthorized promotions and offers presented by third parties through the Site.

22.0 Force Majeure

22.1 MyDocLab will not be held accountable for any delays or inability to fulfill its responsibilities under the Terms and Conditions due to an event known as a “Force Majeure Event.”

22.2 A “Force Majeure Event” refers to a specific circumstance beyond MyDocLab’s control, which may include, but is not limited to, situations such as war, martial law, a declaration of national emergency, revolution, natural disasters, pandemics, epidemics, outbreaks, disruptions or closures of stock exchanges, banks, or clearinghouses, government actions, riots, civil unrest, fires, explosions, sabotage, acts of terrorism, or embargoes.

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