Terms of use

Terms Of Use Of MyHealerDoc Digital Healthcare APP

IMPORTANT – THIS APPLICATION IS NOT APPLICABLE FOR THOSE EXPERIENCING A CRITICAL OR EMERGENCY MEDICAL SITUATION. PLEASE SEEK FOR EMERGENCY MEDICAL HELP FROM AN AMBULANCE OR A HOSPITAL IF YOU AT CRITICAL OR EMERGENCY MEDICAL SITUATIONS.

MyHealerDoc is a portable application which empowers people, for example, you, to make appointments for house calls by qualified clinical doctors or nurses or medical assistants or physiotherapists. The download and utilization of the Application is represented by these terms and conditions. Please read through the terms and conditions cautiously prior to downloading or utilizing the Application. If you don’t consent to the terms and conditions, kindly don’t download or utilize the Application.

1. GENERAL TERMS AND CONDITIONS

The domain name www.myhealerdoc.com (hereinafter referred to as ‘Website’) and the Mobile Application MyHealerDoc (hereinafter referred to as ‘App’) is owned by Mitra IT Solutions SDH BHD (hereinafter referred to as ‘Company’).
By downloading and utilizing the Application, you consent to be bound by this Agreement as posted on and available through the Application and our website, http://www.myhealerdoc.com. You agree to be bound by any extra terms and conditions that are referred to in this or that in any case may apply to the utilization of the Application.
The Web is an advancing medium. We maintain all authority to change or alter the terms and conditions of this Agreement. If we change or alter the terms and conditions of this Agreement, we will publish the amended Agreement on the Application and on our website with the date of last update appropriately recorded. You agree to review the most recent changes of the Agreement each time you utilize the Application, so you are aware about any progressions or adjustments. By proceeding to utilize the Application following the date of the most recent update, you agree to be bound by the amended Agreement.

2. ELIGIBILITY

If you are under 18 years of old, please do not download or use the Application.
Creating an Account. While registering for an Account, you will be requested to give us with certain information, including your name, mobile number, home address, NRIC and date of birth. Upon successful registration, we will furnish you with an Account.
Your Account empowers you to access and utilize the Application on your mobile phone as per this Agreement. You should not exchange or offer your Account or OTP with anybody, or create more than one Account. You are liable for keeping up the confidentiality of your OTP and for all activities that happen under your Account. You should not whenever utilize the Account of some other individual. You will not permit an individual under 18 years of old to get the Services except if they are accompanied by you.
By creating an Account, you represent, warrant and all data gave to us is truthful, precise, up to date and complete.
Your inability to keep up exact, up to date and complete data may disable you to acquire the Services or potentially to access and utilize your Account and the Application, and our termination of this Agreement with you.

3. GRANT OF LICENSE

permit, sublicense, sell, exchange, assign, allocate, circulate or in any case of commercially exploit or make accessible to any outsider the Application in any capacity;
change, alter, duplicate, repeat, make, attempt derive the source code of, decode, meddle with, disturb the intergrity or the presentation of, or make subordinate works dependent on the Application;
figure out or access the Application to

lease, rent, credit, exchange, sublicense, appropriate or in any case move the Application to any outsider or utilize the Application to give time sharing or comparable administrations for any outsider;
erase, modify or obscure the copyright and other restrictive rights sees on the Application;
abuse any material laws, rules or guidelines regarding your entrance or utilization of the Application;
utilize the Application for any reason for which it was not planned or proposed;
dispatch a mechanized program or content or any program which may make different worker demands every second, or unduly trouble or obstruct the activity as well as execution of the Application; or
approve or urge any outsider to do any of the prior.

4. USING THE APPLICATION

The Application allows you to book appointments, reschedule appointments, and cancel appointments with medical doctors, medical assistant, nurses, physiotherapist and medical suppliers (“service providers”) who are independent third-party service providers for the services.
Geo-Location Terms. We make use of certain functionalities provided by third-parties to include maps, geo-coding, places and other content from Google, Inc. (“Google”) as part of the Application (the “Geo-Location Services”). To use the Application, you must allow the Application to use the Global Positioning System receiver installed on your mobile device to detect your location. Your use of Geo-Location Services is subject to Google’s prevailing Google Maps Terms of Use (http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s prevailing privacy policy (http://www.google.com/privacy.html).
Mobile Data. You acknowledge and agree that the utilization of the Application on your mobile phone requires a mobile data plan, and may consume a lot of data through the mobile data plan. You agree that you are liable for all mobile data charges you cause through your utilization of the Application.
Text Messaging. By making an Account, you agree that we may send you data instant messages as a feature of the ordinary business activity of your utilization of the Application and receipt of the Services.
Using the Services. To enable the Service Provider who has acknowledged your request for Services to find you, you consent to stay at the area agreed with the Service Provider. You might be asked by the Service Provider to give verification of personality and other applicable data (for example clinical history, drug hypersensitivities). You consent to give full and precise data to the Service Provider. You understand that the nature of the Services is intensely subject to the information, which you give to the Service Provider. You understand and agree that you might be denied the Services in the event that you refuse to give confirmation of distinguish and other requested information to the Service Provider. You hold the option to dismiss any medication from the Service Provider if the package appears up messed with.
By using the Services, you represent, warrant, agree and undertake that:

you will comply with all applicable laws;
you will not, in your use of the Services, cause nuisance, annoyance, inconvenience or property damage to the Service Provider or any other party; and
any complaint that you may have regarding the Services shall be taken up by you with the Service Provider directly.

You understand and acknowledge that the Application is a platform to access to Service Providers and we are not responsible, regardless of whether directly or indirectly, for the Services you get or for the demonstrations or oversights of any Service Provider you engage in through the Application. You are exclusively answerable for any choice or determination made by you comparable to the Service Provider or the Services.
You acknowledge and agree that we are not a clinical or medical care specialist co-op. In the event that a crisis or dire clinical circumstance emerges, you understand that you should to immediately seek for emergency medical care at a hospital or clinic.
in case of dispute between you and the Service Provider, you discharge us from all cases, requests, and harms emerging out of or regarding such debates.

5 . FINANCIAL TERMS

Charges. You understand that use of the Application may result in fees to you for the Services you receive from the Service Provider (“Charges”). You also understand that the Charges may include additional charges for medications, procedures, miscellaneous items that are not included in the consultation fees.
cancellation fee. you acknowledge and agree that if you elect to cancel requests for services that have been accepted by a service provider through the application in less than 2 (two) hours prior to the arrival or on arrival of the service provider, we will charge you a cancellation fee of RM 21.00 excluding tax.
Payment. After you have received the Services through your use of the Application, you may choose to pay for the Services through SenangPay using credit/debit card (“Card”) or E-Wallet. If you choose to pay for the Services by card using SenangPay, you:-

will need to register a valid Card which belongs to you in accordance with the instructions within the Application. If you register a Card, you agree that we may verify and authorise your Card details when you first register the Card with us and when you use the Application;
appoint us as your limited payment collection agent solely for the purpose of accepting the Charges and agree that payment made to us shall be considered the same as payment made directly by you to the Service Provider.

Invoices will be available on the Application after every visit or transaction.
Charges paid by you are final and non-refundable, unless otherwise determined by us.
Third Party Payment Processors. Payment processing services for service providers on MyHealerDoc are provided by SenangPay and are subject to the SenangPay Account Agreement, which includes the SenangPay Terms of Service (collectively, the “SenangPay Services Agreement”). By agreeing to these terms or continuing to operate as a service provider on MyHealerDoc, you agree to be bound by the SenangPay Services Agreement, as the same may be modified by SenangPay from time to time. As a condition of MyHealerDoc enabling payment processing services through SenangPay, you agree to provide MyHealerDoc accurate and complete information about you and your business, and you authorize MyHealerDoc to share it and transaction information related to your use of the payment processing services provided by SenangPay.

6. PERSONAL DATA PROTECTION

By utilizing the Application and giving personal information to us, you agree that we may gather, use, measure and unveil such personal information in accordance with the provisions of this Section 6.
You may review and update your own information inside the Application by opening the Application and visiting the "Settings" page for your Account.
You are under no commitment to give personal information to us. Nonetheless, in the event that you decide to retain the mentioned individual data, you will be unable to utilize certain parts of the Application and you will most likely be unable to get the Services.
We utilize the personal information you give to:

convey the Application and to enable us to give you the produces, administrations and information offered through the Application which you demand;
enable Service Providers to offer the Types of assistance;
manage your Account and speak with you;
check and help out installments which you make through the Application;
improve the Application and tweak the substance appeared to you;
create, work, improve, convey and keep up our items and administrations;
send you information which you may find valuable or which you have requested from us, if you have demonstrated that you don't have a problem with being reached for such purposes;
implement this Agreement and different strategies;
perform capacities or administrations as in any case depicted to you at the hour of assortment.

Service Providers who may see certain information about you through the Application;
our associates and third party organizations who help us in giving the Application and who play out specific capacities for our sake;
parties engaged with an exchange including the buy, deal, rent, consolidation or combination or some other securing, removal, or financing of our business or a segment of our business;
different gatherings whenever needed to do as such by law or in the event that we accept that such revelation is important to forestall misrepresentation or wrongdoing or to ensure the application or the rights, property or individual security of any individual.

We have sensible safety efforts set up to secure against the misfortune, abuse and change of individual data under our influence. While we will utilize all sensible endeavors to forestall the misfortune, abuse or change of your own data, you should remember that entries of data over the web is rarely totally secure. We can't ensure the security of the individual data which you submit through the Application while it is on the way over the web and any such accommodation is at your own danger.
If you have any questions or comments on our personal data protection practices, please contact us by email at admin@myhealerdoc.com.

7. CONFIDENTIALITY

You will keep confidential all information and materials about the Application, and all data of a secret, classified or restrictive nature concerning our business or undertakings and which isn't generally in the public area that may come into your insight or ownership because of interchanges among you and us or the presentation of this Agreement ("Confidential Information").
In the occasion that we find that you have made or plan to make or cause to be made any unapproved exposure of the Confidential Information, we will be qualified for take out a directive against you to control you from making any such divulgence. Likewise or in the other option, by and large, we will be qualified for exercise such legitimate and fair cures as are accessible in regard of the penetrate of this Agreement and to additionally ensure the Confidential Information.
The content that You upload or post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content You provide and are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website/App, or stored on Our servers, or hosted or published upon this Website/App.
Those posting any form of User content on the Website/App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website/App, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website/App can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

8. INTELLECTUAL PROPERTY

Rights to Application. You acknowledge and agree that the Application and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of MyHealerDoc. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of MyHealerDoc and its affiliates, licensors and suppliers. You are not granted any intellectual property rights in and to the Application not expressly granted in this Agreement and such rights are hereby reserved and retained by MyHealerDoc.
Third Party Content. The Application may use or incorporate outsider substance and programming ("Third Party Content") that is liable to open source and outsider terms of administration. You recognize and concur that your entitlement to utilize such Third Party Content as a component of the Application is dependent upon and administered by the terms and states of the open source and outsider terms of administration material to such Third Party Content, including, without impediment, any relevant affirmations, permit terms and disclaimers contained in that. In case of a contention between the particulars of this Agreement and the details of such open source or outsider terms of administration, the conditions of the open source or outsider terms of administration will win concerning your utilization of the important Third Party Content. In no occasion will the Application or segments thereof be considered to be open source or freely accessible programming.
Company’s Marks. You are not authorized by MyHealerDoc to use MyHealerDoc’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of MyHealerDoc, which may be withheld for any or no reason.
Infringement Acknowledgement. You acknowledge and agree that in the event of a third party claim against you that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not MyHealerDoc) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify MyHealerDoc in writing of such a claim.2

9. DISCLAIMER

the utilization of the Application will be secure, convenient, continuous or blunder free or work in mix with some other equipment, programming, framework or information;
the Application will live up to your necessities or desires;
the Services which you got structure a Service Provider would meet your clinical necessities or other individual prerequisites;
the nature of, information or different materials acquired by you through the Application will live up to your prerequisites or desires;
any put away information will be exact or dependable;
blunders or deformities in the Application will be rectified; or
the Application or our workers are liberated from infections or other harmful segment.

All conditions, representations, and guarantees, regardless of whether express, inferred, legal or something else, including, without limitation, any suggested guarantees of merchantability, qualification for a specific reason, and non-encroachment, are thus rejected and repudiated to the furthest reaches.
Your utilization of and dependence upon the Application and any data contained in or gave through the Application is at your sole danger and circumspection.
The Application might be dependent upon restrictions, delays, and different issues inalienable in the utilization of the Internet and electronic correspondences (counting issues intrinsic to the cell phone you use). We are not answerable for any postponements, conveyance disappointments, harms, or misfortunes coming about because of such issues.

10. LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, in no event shall MyHealerDoc be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with this Agreement, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.
MyHealerDoc shall not be liable at any situation on the quality of Service Provider.

11. INDEMNIFICATION

your access and utilization of the Application;
utilization of your Account other than as per this Agreement;
your utilization of the Services;
your dealings with the Service Provider;
your penetrate of this Agreement;
your infringement of law;
your carelessness or resolved offense;
your infringement of the privileges of an outsider, including the encroachment by you of any licensed innovation or misappropriation of any restrictive right or proprietary advantage of any individual or substance.

12. MODIFICATIONS TO, OR DISCONTINUATION OF, THE APPLICATION

13. TERMINATION

This Agreement will start on the date that it is acknowledged by you and will proceed until ended.
We may end this Agreement quickly, without earlier notification, in the event that you neglect to follow any of the terms and conditions specified in this Agreement.
Notwithstanding the prior, we may end this Agreement and your utilization of the Application, or by and large stop offering or deny admittance to the Application or any part thereof, whenever for reasons unknown with or without notice.
Upon end of this Agreement, the accompanying will apply:

The expiration or termination of this Agreement will be without bias to some other rights or cures which either gathering might be qualified for hereunder or at law and will not influence any accumulated rights or liabilities of either party nor the coming into or continuation in power of any arrangement which is explicitly or by suggestion proposed to come into or proceed in power on or after such termination or end. Without bias to the prior, Clauses 7 (Confidentiality), 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability) and 11 (Indemnification) will endure the lapse or end of this Agreement.

14. MISCELLANEOUS

Relationship. The parties hereto are self employed entities. Nothing in this Agreement will work to comprise a party an agent, partner, employee or representative of the other party. A party will not hold itself out as such nor as having any force or position to bring about any commitment of any nature communicated or suggested of the other party nor will a party vow the credit of the other party.
Entire Agreement. This Agreement establishes the whole understanding among MyHealerDoc and you regarding the topic contained in this Agreement and overrides all past and contemporaneous arrangements, proposition and interchanges, composed or oral, identified with that topic.
Rights of Third Parties. This Agreement isn't planned to profit any outsider, and doesn't make any outsider recipients. As needs be, this Agreement may just be conjured or upheld by MyHealerDoc or you.
Nature of Terms. On the off chance that any arrangement of this Agreement is discovered to be unlawful, void, or in any way, shape or form unenforceable, this won't influence the lawfulness, legitimacy and enforceability of any excess arrangements.
Waiver. Besides as given thus, the inability to practice a privilege or require execution of a commitment in this Agreement will not influence a gathering's capacity to exercise such right or require such execution whenever from that point nor will the waiver of a penetrate of this Agreement comprise a waiver of any resulting break.
Assignment. Neither one of the parties will not allot its privileges or commitments under this Agreement without earlier composed assent of the other party, given that MyHealerDoc may allocate or move this Agreement or any or the entirety of its privileges and commitments under this Agreement without agree to a member of MyHealerDoc or to an acquirer of all or significantly the entirety of MyHealerDoc's business, value or resources.

15. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by Malaysia law, without regard to excluding its conflicts of law principles. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia. Herewith you agree to all the terms and condition mentioned above for the usage of mobile application and website of the Company.

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