TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
1.1 These Terms and Conditions (“T&C”) govern the access or use by you, on applications, websites, content, products, and services made available by Comepulse Sdn. Bhd. [Registration No. 202001014170 (1370490-H)] a company which is incorporated in Malaysia (“Comepulse” or “the Company”).
1.2 Comepulse is an online platform operating under the domain name of https://comepulse.com (“Website”), and mobile applications (“App”) which enable the electronic interactions and access to various healthcare services. The Website and the App enable its Users to report their health status and history, engage with the third-party medical practitioners and/or healthcare professionals (collectively referred to as “Service Providers”) for healthcare services such as physical consultation and/or tele-consultation, making of appointments and facilitate the purchase or delivery of medicines (collectively, the “Services”) and pharmaceutical products to Users (collectively, the “Products”). The Services provided shall be based on the User’s consultation with the Service Providers and subjected to the User’s consent to the prescription and/or the provision of the medicine. For the avoidance of doubt, Comepulse does not practise medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession, and the use of the Services or Website does not create a doctor-patient relationship between the Users and Comepulse. Comepulse merely provides a platform to link the Users with such Service Provider for the Service and Comepulse is not responsible for the acts and/or omissions of any Service Providers. Any liability in relation to such Services shall be borne by the Service Providers. Hence, the Service Provider shall not represent to be an agent, employee or staff of Comepulse and the diagnosis, solutions and/or medical judgement provided by the Service Providers shall not be deemed to be provided by Comepulse.
1.3 Your access and use of the Services constitute your agreement to be bound by these T&C, which establishes a contractual relationship between you and Comepulse. If you do not agree to these T&C herein, you shall not access or use the Services. These T&C expressly supersede any prior agreements or arrangements between Comepulse and you. Comepulse may immediately terminate these T&C or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1.4 Supplemental terms and conditions may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with those applicable Services. Supplemental terms and conditions are in addition to, and shall be deemed a part of, the T&C for the purposes of the applicable Services. Supplemental terms and conditions shall prevail over these T&C in the event of a conflict with respect to the applicable Services.
1.5 Comepulse reserves the right to modify, vary, amend or change the T&C or its policies relating to the Services at any time as it deems fit. Such modifications, variations, amendments or changes to the T&C policies relating to the Services shall be effective upon the posting of an updated version at [ https://comepulse.com ]. You hereby acknowledge that it shall be your responsibility to review this T&C regularly whereupon the continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
2.1 For purposes of this T&C, the following definitions apply :-
a) “Account” means the user account registered by the User through the Comepulse’s website and/or mobile application;
b) “App” means the relevant mobile application(s) made available for download by Comepulse (or its licensors) to Users and Service Providers respectively;
c) “Charges” means the total consultation fee and/or any fee that arises from the usage of the Services payable to Comepulse by the User;
d) “Cancellation Period” means the period where the Users are allowed to cancel the appointments or bookings without any fee charged against the Users;
e) “Dependent” or “Dependents” means an individual who are either a minor, a senior citizen or a handicapped person, who does not have the access towards the Services and requires assistance from a legal guardian or an aurthorised representative to supervise and manage the user account in order to access the Services;
f) “Deposit” means the fee payable to Comepulse upon the confirmation of appointments/bookings. Such fee shall constitute a part of the Charges;
g) “Force Majeure Event” means any unforeseen events or a series of events which includes natural causes (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes) that prevents the related parties in performing under this T&C;
h) “Party” or “Parties” refers to the parties in relation to this T&C (i.e., Comepulse, Users and Service Providers);
i) “Platform” refers to the Website and App operated by Comepulse;
j) “Services” refers to the services made available by Comepulse in its Platform such as medical consultation and/or services provided by the Service Providers as well as facilitating the bookings/appointments of the medical consultation and the purchase or delivery of medicines or products to the Users;
k) “Service Provider” or “Service Providers” means the third-party medical practitioner and or medical professional who engaged with Comepulse on the Platform and to provide medical consultation and/or services to User;
l) “T&C” means the Terms and Conditions stipulated herein;
m) “Website” refers to [https://www.comepulse.com]
n) “we”, “us”, “our” refers to Comepulse and its affiliate (distribution) partners; and
o) “you”, “your”, “yours” and “User” refers to the customer or end user who use/book medical services and/or appointments through our Platform;
3. ACKNOWLEDGE AND CONSENT
3.1 Comepulse is a digital healthcare platform which enables the provision of healthcare services using interactive communication and video technology, where the User and the Service Provider are at different physical locations. As part of this, Users’ health history and personal health information may be provided and the Service Provider interacts and consults through the use of interactive video, audio and other telecommunications technology. Comepulse also enables its Users to make, cancel and reschedule appointments through the Website and the App.
3.2 You agree and acknowledge that Comepulse MAY take reasonable steps but NOT OBLIGED to ensure and check the validity of the license or practicing certificate or any certificate of the Service Providers. Thus, you agree and acknowledge that Comepulse shall not be held liable for any illegality and/or invalidity of such licenses or practicing certificates as well as any consequences resulting therefrom.
3.3 You expressly agree that the use of the App and Website is at your sole risk. Both the App and Website are provided on an “AS IS” and “AS AVAILABLE” basis. Comepulse does not warrant that the access to the App and/or Website will be uninterrupted or error-free or that such defects will be corrected. Comepulse expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty or merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value and accuracy of data.
3.4 You agree that Comepulse has the right at its sole and absolute discretion to remove or delete your account and/or decline your access to use the Services in the event the Service Provider or any other Users of the Website or App have negative ratings and/or complaints against you.
3.5 Subject to your compliance with these T&C, Comepulse grants you a limited, non-exclusive, non-sublicensable, revocable and/or non-transferrable license to: –
(i) access and use the Website and/or App on your personal device solely in connection with your fulfilment of the Services; and
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use. Any rights that are not expressly granted herein are reserved by Comepulse.
Third-Party Services and Content
3.7 The Services and all rights therein are and shall remain as Comepulse’s property or the property of Comepulse’s licensors. Neither these T&C nor your use of the Services shall convey or grant you any rights: –
(i) in or related to the Services except for the limited license granted above; or
(ii) to use or reference in any manner, the company names, logos, product and service names, trademarks or services marks.
4. USE OF SERVICES BY USERS
4.1 In order to use most aspects of the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority, to obtain an Account. Upon registration, you shall provide and submit your personal information, such as your name, identification number (i.e., NRIC No. and/or Passport No.), identification card photo with selfie, address, medical history report, current prescription (if any), current health conditions, mobile phone number and age to Comepulse.
4.3 In the event that the appointment/booking is made on behalf of the Dependent, whether or not the Dependent is a minor (as stated in Clause 4.2 of the T&C herein), a senior citizen, a handicapped person or an individual who does not possess any electronic device and/or means of communication to access to the Services, you agree that the relevant information of the Dependant shall be provided and clarified to facilitate the appointment/bookings and you agree that you shall be the administrator to manage and be responsible for the activity(ies) or the profile(s) under your Account. By making an appointment/booking for a Dependent under your administration and supervision, you agree that you have obtained the legal consent from the Dependent to use the Services and to disclose his/her personal information in this regard. For the avoidance of doubt, the details of the appointments/bookings, medical records, consultation and treatment records, and the prescriptions of the Dependent shall be stored at the Dependant’s profile under your user Account. You undertake and warrant that such information shall be under your care and shall not be disclosed to any third-party other than for the purpose of facilitating the Services. Any acts, negligence, omissions, illegal acts and/or misconducts arose at your end shall be solely rest on you and you agree to save Comepulse free from any liability in this regard.
4.4 You agree to maintain true, accurate, complete, and up-to-date information in your Account and Comepulse may reserve its rights on requesting its Users in performing a reasonable verification and providing any identification documents for the verification purpose. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Comepulse’s termination of these T&C with you.
4.5 You shall be responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password, at all times. Unless otherwise permitted by Comepulse in writing, you may only possess one (1) Account.
Restrictions for Users
4.6 By using the Services, you agree that: –
a) You shall not authorize third parties to use your Account unless you are using your Account to make appointments/bookings for and on behalf of the Dependents under your care;
b) You shall not assign or otherwise transfer your Account to any other person or entity;
c) You shall not, in your use of the Services to cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Providers or any other party;
d) You shall not remove any copyright, trademark or other proprietary notices from any portion of the Services;
e) You shall not copy, reproduce, modify, prepare derivative works based upon distribution, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream and/or broadcast the any content in the App or otherwise exploit the Services unless as expressly permitted by Comepulse;
f) You shall not link to, mirror or frame any portion of the Services;
g) You shall not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
h) You shall not attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
i) You shall not contact the Service Providers for purposes other than the Services;
j) You shall not record the content of the consultation or during the consultation session whether by audio recording or video recording unless you have obtained the consent and approval of the Service Provider to do so. The Service Provider shall retain the right to legal action against you for any breach;
k) You shall not copy, transmit or forward the content of the consultation to any third-party unless as permitted by the Service Providers for the purpose of getting a second opinion from a third-party medical practitioner or professionals;
l) You shall not advise, diagnose or treat any person at any time based on the information, content or material that is contained on the Website or the App or the information that you received through the Services during the interaction with the Service Providers. Comepulse shall not be responsible of any act or statement made by you to a third party and shall be free from any liability in this regard;
m) You shall not involve yourself or abet with other third party in any abuse of the Voucher system as well as any other abusive activity in the Comepulse’s system due to any system bug and/or loophole which may be an advantage to you;
n) You shall not use the Services for any unlawful purpose for sending or storing any unlawful material or for fraudulent purposes; and
o) You shall not send or store infringing, obscene, threatening, libellous or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third-party privacy rights.
4.7 You agree that the consultation may be carried out by way of tele-consultation (i.e., through audio or video dialling whether immediate or by appointment) or physical consultation. Users may select the means of consultation to be carried out through the Platform. However, the means of the consultation may be suggested and/or changed by the Service Providers based on his/her professional judgement of the situation as he/she deems fit. During the Services, you agree that you shall provide full disclosure of your health-related information to the Service Provider and ensure that all health-related information provided are true and accurate at all times. Comepulse shall not be liable or responsible for any claims and disputes arise from the partial or non-disclosure by you.
4.8 In the event that you have selected for an immediate video consultation session, you will be charged for a fee (“Deposit”) before the commencement of the consultation session and there will be a Turn-Around-Time of ten (10) minutes for the Service Provider to accept such invitation or request through the Platform. In case of any delay and/or failure to respond by the Service Provider after the acceptance and/or failure to complete the session and/or the cancellation of the immediate video consultation session by the Service Provider, either materialized or foreseen, such cancellation will be communicated to you by the Service Provider, and you may choose to cancel such immediate video consultation session therefrom and the fee paid will be automatically refunded to you. However, if the delay or the cancellation was caused by you or your failure to respond during the consultation session, either materialized or foreseen, the Service Provider may cancel such immediate video consultation session which any fee paid for the consultation shall be forfeited. Alternatively, you may be provided with other solutions by the Service Provider based on mutual agreement such as to continue the consultation session by using other means of communication and you agree that the Charges may be varied subject to Comepulse’s sole discretion and judgement in such regard.
4.9 In the event that you are required to have a physical consultation session with the Service Provider as requested by the Service Provider, you agree and acknowledge that you shall follow and abide by the policy(ies) of such clinic and that Comepulse shall not be responsible in any of the medical judgement, acts, negligence, misdiagnoses and any event occurs during the physical consultation.
4.10 In the event that you have encountered any medical emergency, you shall contact the emergency hotline for ambulance immediately.
4.11 The feature of chat messaging will be available for free for twenty-four (24) hours before an appointment, and such feature will last for another twenty-four (24) hours after the appointment (consultation). This additional service allows the Users to reach the Service Provider if they have any queries before or after the consultation (video or physical). Please be informed that the chat history between the User and the Service Provider will be recorded. However, as with any health Services, you agree, acknowledge and fully aware there are potential risks associated with the use of tele-consultation. These risks include, but may not be limited to: –
(a) in rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by the Service Provider;
(b) delays in evaluation or treatment could occur due to the failure of the electronic equipment. If this happens, you may be contacted by the Service Provider with other means of communication;
(c) in rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors; and
(d) although the electronic systems that Comepulse uses will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, the security protocols could fail, causing a breach of privacy of the personal health information.
4.12 You may be prescribed with medication or laboratory tests by the Service Providers as they deemed fit, upon and/or after consultation.
4.13 You agree and acknowledge that any prescription issued shall be at the Service Provider’s discretion and responsibility which Comepulse does not have any control or responsibility in this regard.
4.14 You may be provided with an electronic copy of the prescription duly signed and approved by the Service Provider for the dispensation of the medication/products/tests which you may be obtained from the options available at the Website and/or App, or any third-party pharmacy/provider of your choice.
4.15 You agree that the pharmacy/provider reserves the right to decline to dispense a prescription for any reason whatsoever.
4.16 You shall take full obligations and all steps to inform the Service Providers on any of your allergies or any other medication, supplements and/or traditional medication/healthcare that you may be receiving and your underlying health conditions and concerns, on or before the Service Provider prescribes any medication to you.
4.17 You agree and acknowledge that Comepulse is not involved in the issuance or dispensation of the prescription.
4.18 You agree that all medication/products/tests are charged at the prevailing pricing of the pharmacy/provider dispensing or providing the medication/tests which shall be accepted and paid by you.
4.19 You further acknowledge and agree that the relevant pharmacy or Service Provider shall be solely responsible for the dispensation and the provision of all medications and products obtained pursuant to this Services. In the event that you proceed to purchase the medications and products, you shall undertake to check the dosages of the medications and products labels to verify that such dosages of the medications and products are matched with the prescription order upon your payment. Thus, you shall not hold Comepulse liable in any way in connection with such dispensation and provision of medication and products.
4.20 Any Group B medication (where the Group B medication is a group of controlled medication as defined and laid down in the Poison Act 1952) that is dispensed must be furnished with a valid prescription that has been prescribed by a registered doctor with a valid MMC certificate. All
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HPA V 01.2021
prescriptions provided by our Service Providers shall be valid for ninety (90) days in accordance with the guidelines set in the Poisons Regulation 1989. Any uploaded prescription may be refused or declined by our Service Providers if such prescription does not meet with the standards of requirements which include clear information on the medication, dosage, dosage instructions, prescribing date, prescriber and patient details. 4.21 In the event that if you do not or yet to have a valid prescription for medications, Comepulse may request you to book an appointment with our Service Provider for a consultation session (whether physical consultation or tele-consultation) in order to allow the Service Provider to provide you with the prescriptions or to reject your order. The Service Providers operate independently and have full discretion to refuse medication or medical certificate (MC) to you if they reasonably believe that it could negatively affect you or if they reasonably believe that you are abusing the Comepulse system.
Network Access & Compatibility
4.22 You shall ensure that you have downloaded the correct App and use the most updated version for your device. Comepulse shall not be liable for the download and usage of wrong and/or outdated App on your device.
4.23 You shall be responsible for obtaining the data network access in order to use the Services. Your mobile network’s data and dialling and/or messaging rates as well as fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
4.24 Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the App and Website. Comepulse shall not guarantee that the Services, or any portion thereof, will function on any or particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4.25 The Services, App and Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the device being faulty, not connected, out of range, switched off or not functioning. Comepulse shall not be responsible for any delays, damages or losses resulting from such problems.
5.1 You understand that the use of Services may result in charges to you for the services or goods received from the Service Provider (“Charges”). For the avoidance of doubt, you will be charged for a sum which will be notified to you as the Deposit upon your confirmation of your appointments/bookings, whether physical consultation or tele-consultation (which the Deposit may be charged at a different rate depends on the situation) and you will be required to remit the balance of the Charges after you have received such Services. Upon your confirmation on your appointment/bookings and the services or goods obtained through your use of the Services, Comepulse shall facilitate your payment of the applicable Charges on behalf of the Service Providers as such Service Providers’ limited payment collection agent. Payment of the Charges in such manner shall be considered the same as the payment made directly by you to the Service Providers. Charges shall be inclusive of the applicable taxes where required by the law. Charges paid by you are final and non-refundable, unless otherwise determined by Comepulse.
5.2 All Charges are due immediately and payment will be facilitated by Comepulse using the preferred payment method designated in your Account, after which Comepulse shall issue a receipt to you by email. In the event that if your primary Account payment method is determined to be erroneous, expired, invalid or otherwise not able to be charged, Comepulse may prompt you via a general notification in the App to inform you of the transaction error. There are several ways in which you can make a successful transaction, including without limitation, (i) FPX Transactions; (ii) Credit/Debit Card payment; (iii) redemption through Quin Reward; and/or (iv) any other payment method available in your user Account. You agree that Comepulse may use a secondary payment method in your Account, if available.
5.3 As between you and Comepulse, Comepulse reserves the right to establish, remove and/or revise the Charges for any or all services or goods obtained through the use of the Services at any time under Comepulse’s sole discretion. Further, you acknowledge and agree that the Charges applicable in certain geographical areas may increase substantially. Comepulse may use reasonable efforts to inform you of the Charges that may apply, provided that you shall be responsible for the Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
5.4 Comepulse may from time to time provide certain users with promotional offers and discounts via the Quin Reward App that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
5.5 Comepulse retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involved in any abusive activity or any criminal activity, or where it reasonably believes to be in breach of the T&C herein between the Service Provider and/or Users of the Platform. In such an event, you shall not hold Comepulse liable for any withholding of, delay in, suspension of or cancellation of, any payment or refund to you. Further, you agree and acknowledge that Comepulse shall retain the rights to claim from you on the reimbursement and compensation of the said breach. In the event you have any disputes in relation to the payment, please email to [email protected] within one (1) day of the receipt’s date.
Cancellation or Rescheduling
5.6 You may cancel or reschedule the appointment/booking with the Service Provider through the App and/or Website at any time between your confirmation of appointment/booking and three (3) hours before the commencement of the consultation session (“Cancellation Period”).
5.7 In the event the cancellation of booking made by you does not fulfil the requirement of the Cancellation Period, there shall be a cancellation fee imposed on you. Such cancellation fee shall be the amount of the Deposit that you made during the appointment/booking. For the avoidance of doubt, any Charges made during the appointment/booking shall not be refunded to you in such event that you have cancelled the consultation session any time within three (3) hours before the commencement of the consultation session. You may be requested to provide your valid reason(s) for cancelling the appointments/bookings and such reason(s) shall be recorded in our system.
5.8 In case of any delay and/or failure to attend to the consultation session by yourself either materialised or foreseen, within the Cancellation Period, you may be allowed to reschedule a time and/or consultation session for the Services on the App. However, you acknowledge that the rescheduling of time shall be subjected to the availability of the Service Providers and Comepulse’s sole discretion.
5.9 Comepulse may, at its absolute and sole discretion, reduce the chances of you matching with a Service Provider based on the track record of your cancellation rate. For the avoidance of doubt, your cancellation rate shall be the rate at which you cancel bookings within a certain period of time.
5.10 In the event that if the cancellation rate is high, Comepulse may, at its absolute and sole discretion, temporarily suspend your user Account until further notice. You shall receive a notification regarding the temporary suspension from Comepulse.
5.11 Comepulse shall reserve the right to modify, vary or change the terms of the cancellation and rescheduling policy as well as the fee relating to the Services, at any time, without notice, as Comepulse deems fit.
5.12 Any request of refund shall be subjected to Comepulse’s approval. You agree and acknowledge that the decision on approving the refund and the amount of the refund shall be at Comepulse’s absolute and sole discretion.
5.13 Subject to the Clause 5.12 in this T&C, you may be eligible to receive a full or partial refund during:-
(a) the Charges and/or any fee was erroneously charged and/or debited from your Account or your consultation session experienced a technical issue, or when an eligible promotion is not applying correctly;
(b) your consultation Charges was significantly higher than the estimated fee that was shown in the App prior to the booking, provided it was not due to your demand of extended consultation session or any other products/tests;
(c) your consultation session was not completed or cancelled by the Service Provider;
(d) the intended Service Provider did not show up during the consultation session; or
(e) there is fraud or any other crime involved.
5.14 You may submit a request for a refund or lodge a general complaint about your consultation session to Comepulse’s customer service team at [email protected] or in the App within thirty (30) days after encountering an issue. If we determined that you are eligible for such refund, you may expect the refund(s) to be made to your original payment method within 3-5 business days.
5.15 Comepulse shall thoroughly investigate each report or complaint lodged. Providing inaccurate information about your consultation session experience when disputing fees or charges may result in your request being denied and/or your account being deactivated.
6. LIMITATION OF LIABILITY
6.1 You agree that any of your claims against Comepulse shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the Services during the event giving rise to such claims. In no event shall Comepulse be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage).
6.2 You agree that Comepulse shall not be in any role in managing the transaction or relationship between you and the Service Providers, advertiser, or sponsor whose advertising appears on the Website or App or is referred to by the service, application and/or the software.
6.3 You agree that Comepulse and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the Services, App and/or the Website, including but not limited to the use or inability to use the Services, App and /or the Website, any reliance placed by you on the completeness, accuracy or existence of any advertisers.
6.4 You agree and acknowledge that the quality of the consultation session scheduled through the use of the Services is entirely the responsibility of the Service Provider who ultimately provides such medical services to you. Thus, you understand that the use of the Services is solely at your own risk and you agree that Comepulse is not responsible and does not endorse nor have control over any medical decision made by the Service Providers (i.e diagnosis, prescription, treatment method, referrals and any medical advice as the Service Providers deemed fit).
6.5 You expressly waive and release Comepulse from any and all liabilities, claims, causes of action or damages arising from your use of the Services and/or App, or in any war related to the User introduced to you by the Services and/or App. 6.6 You agree that Comepulse shall not be a party to disputes, and/or negotiations of disputes between you and the Service Provider. Any solutions and/or decisions made by the Service Provider when dealing with you during the consultation and/or utilising the Services and/or App (with all its implications) shall not be endorsed by Comepulse. 6.7 Comepulse shall be released and waived from any acts, misdiagnoses, omissions, negligence and illegal acts committed by the Service Provider and you agree that any misconduct by the Service Providers and/or you, shall rest solely with and on the Service Providers and/or you. 6.8 You shall further release and waive Comepulse on any liabilities and obligations from any illegal acts, claims or disputes arising from your misconduct, negligence, omissions or non-disclosure or partial disclosure of any information that you should be disclosing which may be directly or indirectly caused (including but not limited to any harm, misdiagnosis and/or delay in treatment) whether to yourself or to the Dependents listed in your Account under your care. Thus, you agree that you shall bear full responsibility on your acts towards your own self, the Dependent under your Account and/or any third-party and any information that you disclosed to Comepulse.
7.1 You agree to indemnify and keep Comepulse fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Website, App, and Services offered by us, or arising from any breach or suspected breach of these T&C by you or your violation of any law or third-party rights.
8. PERSONAL DATA PROTECTION AND CONFIDENTIALITY
8.4 As the Comepulse’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia. You further agree and acknowledge that any clinical and/or medical records created as a result of your use of the Site may be securely maintained by Comepulse for a period that is no less than the minimum number of years such records are required to be maintained under the relevant local law.
8.5 You acknowledge that Comepulse may disclose Personal Data of other individuals to you in the course of your use of Comepulse’s Services (for example the Personal Data of the Dependents which are under your care). You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Comepulse, and not for any other unauthorized purposes.
Suspension and Termination
9.1 You agree that Comepulse may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the App, or any portion of the App (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the App or any portion of the App (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. Comepulse shall not be required to compensate you for any suspension or termination.
9.2 In the event that you decide to cancel or cease the subscription for whatever reasons at any point of time, you shall write in to notify Comepulse in writing and Comepulse will proceed to deactivate the account upon approving the termination/cancellation request. For the avoidance of doubt, such termination/cancellation shall take effect immediately upon Comepulse’s approval of your termination/cancellation request.
9.3 Notwithstanding any provision to the contrary, failure to comply with any of the provisions of this T&C by you shall be deemed as material breach and Comepulse shall reserve the rights, including but not limited to, claim compensation against you and/or suspend or terminate your account immediately.
9.4 Comepulse may give notice by way of a general notice on the App, Website or to your email address, and/or by written communication sent to your address as provided in the registration form. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting.
9.5 You may give notice to Comepulse by written communication to Comepulse’s address at 7-3-12 D’Piazza Mall, Jalan Mahsuri, 11950 Bayan Lepas, Penang or via email [email protected]
Taxes 9.6 You agree that this T&C is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Comepulse to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services.
9.7 Where applicable, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this T&C.
9.8 You shall maintain in confidence all information and data relating to Comepulse, its Services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Comepulse (whether orally or in writing and whether before, on or after the date of this T&C) or which are otherwise directly or indirectly acquired by you from Comepulse, or any of its affiliate companies, or created in the course of this T&C. You shall further ensure that you only use such confidential information for the use of the Services, and shall not without Comepulse’s prior written consent, disclose such information to any third-party nor use it for any other purpose.
9.9 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information: –
a) was at the time of receipt already in your possession;
b) is, or becomes in the future, public knowledge through no fault or omission on your part;
c) was received from a third-party having the right to disclose it; or
d) is required to be disclosed by law.
9.10 The above obligations of confidentiality shall apply even after you have ceased using the Services.
9.11 Comepulse and its licensors, where applicable, shall own all rights, titles and interests, including all related intellectual property rights, in and to the Website and/or the App and by extension, the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The T&C do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Services, the Website and/or the App, or any intellectual property rights owned by Comepulse and/or its licensors. Comepulse’s name, logo, the nature of the Services, the Website, the App and the third-party service providers’ logos and the product names associated with the Website and/or the App are trademarks of Comepulse or third parties, therefore no right or license is granted to use them. For the avoidance of doubt, the T&C herein shall include its respective components, processes and design in its entirety.
9.12 This T&C shall be governed by the laws of Malaysia. Any disputes, actions, claims or causes of action arising out of or in connection with this T&C shall be subjected to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree and submit to.
9.13 You shall not assign, transfer or delegate this T&C and your rights and obligations hereunder without Comepulse’s prior written consent. Comepulse may without restriction assign, transfer or delegate this T&C and any rights and obligations hereunder, at its sole discretion, with the provision of thirty (30) days prior notice.
9.14 A person who is not a party to this T&C shall not have any rights under this provision to enforce any term of this T&C.
9.15 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the T&C or use of the Services.
Severance 9.16 If any term under this T&C is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of this T&C but the legality, validity or enforceability of the remainder of this T&C will not be affected.
9.17 No Party shall be liable to the other for any delay or non-performance of its obligations under this T&C arising as a direct result of a Force Majeure Event including but not limited to any strike, pandemics, lockdown or other industrial actions or Acts of God such as fire, floods and any other unforeseen events beyond the control of the Parties.
9.18 Without prejudice to any other obligation herein, when notice of a Force Majeure Event is given, the Parties shall initiate discussions in good faith with a view to adopt appropriate measures in light of the circumstances.
9.19 Where a Force Majeure Event, lasts for more than thirty (30) business days then the non-impacted Party may terminate this T&C by providing the other Party written notice.
9.20 Each Party shall bear its own costs and expenses that it incurs as a result of the Force Majeure Event.
Copyright ©Comepulse Sdn Bhd 2021
HPA V 01.2021