Terms and Conditions
The following terms and conditions constitute an agreement between you and ACTIONALMD SDN BHD (Company No.1378458-H) ("ACTIONALMD,” "we,” or "us”), for the web application software ("ActionalMD Platform”). These terms and conditions (the "Terms and Conditions”), together with our Personal Data Protection Notice located at [https://actionalmd.com/web/privacy-policy.html] (which is incorporated herein by reference, and collectively, this "Agreement”) govern your use of the ActionalMD Platform.
By downloading or clicking on the “Accept” button in the ActionalMD Platform, you agree to the terms of this Agreement. If you do not agree with this Agreement, you must refrain from downloading or using the ActionalMD Platform. Please note that we offer the ActionalMD Platform "AS IS" and without warranties. You authorize the use and disclosure of your information for purposes of allowing us to provide the ActionalMD Platform and as otherwise disclosed in our Personal Data Protection Notice.
The ActionalMD Platform may contain links to other websites & 3rd party applications (“Linked Websites”). Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. The Linked Websites should not be construed as an endorsement, approval or recommendation by us, of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or ActionalMD Platform referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
- ACTIONALMD PLATFORM
- The ActionalMD Platform enables you to make online medical appointments with participating doctors or other healthcare specialists, professionals or providers ("Healthcare Providers”). The services and features of the ActionalMD Platform includes self-assessments via symptom-checking, digital triage, real time clinic and doctor booking, viewing doctor’s schedule, viewing assigned doctors, consultation with the doctors via various modes such text-based chat, audio calls and video calls.
- Once you have submitted an appointment request through the ActionalMD Platform, such request may be confirmed by the Healthcare Providers automatically through the ActionalMD Platform or through other methods of communication. Notwithstanding the foregoing confirmation, the Healthcare Provider or you have a right to cancel the appointment. When the requested medical appointment is cancelled by the Healthcare Providers ("Cancelled Appointment”), we will provide notification of such Cancelled Appointment to you through the ActionalMD Platform or/and through other modes of communication. You authorise us to release the details of appointments made through the ActionalMD Platform and of any resulting visits to the Healthcare Providers to your employer in the event that your employer is responsible to bear the cost of the medical services to be provided to you.
- We have no control over, and cannot guarantee the availability of any Healthcare Providers at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the ActionalMD Platform.
- The Healthcare Providers shall be solely responsible for all losses or damages incurred or suffered by you arising out of or in connection with your visit to the Healthcare Providers or from any goods or services of the Healthcare Providers including remote and virtual consultations. We are neither an agent of nor are we connected with any Healthcare Providers. No medical professional/patient relationship is created by using the ActionalMD Platform and/or the Content (herein defined).
- USER OBLIGATIONS
By using the ActionalMD Platform, you agree to abide by the following terms and conditions:
- you may only use the ActionalMD Platform for lawful, non-commercial purposes;
- you may not use the ActionalMD Platform in any manner that could damage, disable, overburden, impair our servers or networks, or interfere with any other party's use and enjoyment of the ActionalMD Platform;
- you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
- you agree not to impersonate any other person;
- you agree to provide current, accurate and up-to-date information about yourself as required under these Terms and Conditions;
- you agree not to post or transmit any unsolicited advertising or promotional materials;
- you will not infringe our intellectual property rights or those of any third party in relation to your use of the ActionalMD Platform;
- you will not post or transmit any material which contains viruses or other codes, files or programs which are designed to limit or destroy the functionality of our system and security; and
- you accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.
- Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You acknowledge sole responsibility for and assume all risk arising from your use of the ActionalMD Platform.
NO WARRANTIES IN RELATION TO HEALTHCARE PROVIDERS
Healthcare Providers listed through the ActionalMD Platform with whom you may book appointments enter into contracts with us and may pay us a fee for the services we provide to them through the ActionalMD Platform. We will provide you with lists and/or profile of Healthcare Providers who you may find suitable to provide the healthcare services you need. Notwithstanding the foregoing, we do not:
- recommend or endorse any Healthcare Providers; and
- make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide.
- Even though the ActionalMD Platform is provided free of charge, charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You must resolve any dispute between you and any Healthcare Providers arising from any transaction hereunder directly with the Healthcare Providers.
- Healthcare Providers listed through the ActionalMD Platform with whom you may book appointments enter into contracts with us and may pay us a fee for the services we provide to them through the ActionalMD Platform. We will provide you with lists and/or profile of Healthcare Providers who you may find suitable to provide the healthcare services you need. Notwithstanding the foregoing, we do not:
- You acknowledge that although some Content may be provided by individuals or other users of the ActionalMD Platform who are in the medical profession, the provision of such Content does not create a medical professional/patient relationship, does not constitute an opinion, medical advice, diagnosis or treatment nor is it a substitute for the same. The Content is provided solely to assist you with locating a Healthcare Provider for your medical needs. "Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the ActionalMD Platform. Your use of the Content is solely at your own risk.
- The Content that you obtain or receive from ACTIONALMD or otherwise through the ActionalMD Platform are purely for informational, educational, scheduling and pricing purposes only.
- We may, but have no obligation to have Content posted through the ActionalMD Platform reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content are not guaranteed. We will not be responsible for any errors or omissions or for the results obtained from the use of such Content.
CONTENT YOU POST OR SUBMIT
- You may have in the future the opportunity to submit feedback regarding your experiences with Healthcare Providers featured through the ActionalMD Platform, to submit inquiries concerning possible medical needs, to participate in the other interactive and community features of the ActionalMD Platform (collectively "Reviews”). It is important that you act responsibly when providing Reviews and you shall at all times comply with the above clause on User Obligations.
- We reserve the right to investigate and take appropriate legal action against anyone who breaches this provision or the above section on User Obligations, including without limitation, removing any offending communication from the ActionalMD Platform and blocking your use of the ActionalMD Platform.
- 5.3 By posting Reviews through the ActionalMD Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such Reviews to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Reviews. You agree that we are entitled to combine your Reviews with the Reviews of other ActionalMD Platform users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
CHANGES TO THE ACTIONALMD PLATFORM
- We may from time to time add new services to the ActionalMD Platform, substitute a new service for one of the existing services, discontinue or suspend one of the existing services. The use of new services will be governed by this Agreement. You agree that ACTIONALMD will not be liable to you or any third party for any suspension or discontinuation of any of the ActionalMD Platform or portion thereof.
- It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the ActionalMD Platform, which may temporarily degrade the quality of the ActionalMD Platform or result in a partial or complete outage of the ActionalMD Platform. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the ActionalMD Platform.
INTELLECTUAL PROPERTY RIGHTS
Copyright in the ActionalMD Platform and the Content (including text, graphics, logos, icons, sound recordings, video recordings and software) is owned or licensed by us. You acknowledge that the ActionalMD Platform and any underlying technology or software used in connection with the ActionalMD Platform contain our proprietary information. We give you permission to use the ActionalMD Platform and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the ActionalMD Platform. Except as expressly authorised by these Terms and Conditions, you agree:
- not to copy the ActionalMD Platform except where such copying is incidental to the normal use of the ActionalMD Platform, or where it is necessary for the purpose of back-up or operational security;
- if the ActionalMD Platform is copied in accordance with sub-clause (a), to keep all copies of the App secured and to maintain accurate and up-to-date records of the number and locations of all copies of the App and to include our copyright notice on all entire and partial copies you make of the App on any medium;
- not to adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from the ActionalMD Platform;
- not to commercialise any information, products or services obtained from the ActionalMD Platform;
- not to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble the ActionalMD Platform or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
- not to download or store the Content. Subject to the foregoing restrictions, we grant you a non- exclusive, non-transferable, revocable license to use the ActionalMD Platform on your compatible mobile, tablet or other handheld computing devices.
If you use any of our trademarks and other rights in trade names ("Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us. You must not use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate any of the Marks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; and/or
- in a manner which disparages us or our information, products or services (including the ActionalMD Platform).
- Copyright in the ActionalMD Platform and the Content (including text, graphics, logos, icons, sound recordings, video recordings and software) is owned or licensed by us. You acknowledge that the ActionalMD Platform and any underlying technology or software used in connection with the ActionalMD Platform contain our proprietary information. We give you permission to use the ActionalMD Platform and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the ActionalMD Platform. Except as expressly authorised by these Terms and Conditions, you agree:
- We collect and process your personal data in accordance with the Personal Data Protection Notice at [https://actionalmd.com/web/privacy-policy.html] and you hereby consent to the processing of your personal data in accordance with the said notice.
REFUND POLICY (IF APPLICABLE)
- ActionalMD Platform acts as a connecting platform between individuals to providers, by creating, hosting, maintaining and providing services to individuals and providers. Any issues in relation to refund or enquiry, the User shall refer to the Provider unless there is a special arrangement.
- You release us from all liability for you having acquired or not acquired Content through the ActionalMD Platform. We make no representations concerning any Content contained in or accessed through the ActionalMD Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the ActionalMD Platform. We make no representations or warranties regarding suggestions or recommendations or endorsements of ActionalMD Platform.
- To the maximum extent permitted by law, we hereby disclaim all statutory warranties, with respect to the ActionalMD Platform, including without limitation any warranties that the ActionalMD Platform are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non- infringing. We do not guarantee that you will be able to use the ActionalMD Platform (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the ActionalMD Platform or any other data or information provided or received through the ActionalMD Platform. Except as expressly set forth herein we make no warranties about the ActionalMD Platform or any other security associated with the transmission of sensitive information. We do not warrant that the ActionalMD Platform will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the ActionalMD Platform is free of viruses, contaminants or other harmful items.
Notwithstanding anything contained herein, if you are dealing as a consumer under the Consumer Protection Act 1999 ("Act”) (consumer shall have the meaning prescribed to it by the Act, "Consumer”):
- we give you such implied warranties under the Act that cannot be excluded by the Act;
- the Terms are only intended to exclude or limit the remedies and rights you may have under the Act to the maximum extent permitted by law; and
- nothing in these Terms and Conditions are intended to exclude or limit our liability to you for any loss or damage arising from the negligence on our part or breach of any express terms contained herein or implied by any applicable law, including the Act which cannot be excluded by law.
- Save and except for the foregoing, the Terms shall apply to all users of the ActionalMD Platform.
LIMITATION OF LIABILITY
- In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use the ActionalMD Platform. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of Healthcare Providers utilized through use of the ActionalMD Platform, even if we knew or should have known of the possibility of such damages.
- In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the ActionalMD Platform regardless of the form of action, exceed RM50.
- For the avoidance of doubt, we shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including failure of telecommunications networks.
- You agree to indemnify us against any loss, damage or cost incurred by us arising out of your use of the ActionalMD Platform, the Content or any other information, your violation of these Terms and Conditions, or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
- We may suspend, terminate or cease providing any services relating to the ActionalMD Platform for any reason. We shall not be liable to you or any third party for any termination of your use of the ActionalMD Platform. Further, you agree not to attempt to use the ActionalMD Platform after any such deletion, deactivation or termination. Clauses 3, 4, 5, 6, 8, 9, 10, 11, 12, 13 and 14 shall survive any termination or expiration of these Terms and Conditions.
Amendments to These Terms and Conditions
We reserve the right to amend these Terms and Conditions and the other documents consisting of the Agreement at any time. Upon any such change, we will notify you when you next start the ActionalMD Platform. Your continued use of the ActionalMD Platform following such notice shall constitute your agreement to be bound by these Terms and Conditions or other applicable Agreement document, as amended. If at any time you choose not to accept these Terms and Conditions, including following any such modifications hereto, then you must stop using the ActionalMD Platform.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
This Agreement and any supplemental terms, policies, rules and guidelines posted through the ActionalMD Platform, including the Personal Data Protection Notice, constitute the entire agreement between you and us and supersede all previous written or oral agreements.
This Agreement shall be governed by the laws of Malaysia and the courts of Malaysia shall have non-exclusive jurisdiction.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this clause shall be null and void.
The headings in this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
- Amendments to These Terms and Conditions