Terms of use

Last modified: 8th August 2022

    1.    Introduction

¬†¬† ¬†1.1.¬†¬† ¬†Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and CLEADOC Policies (as defined) constitute a legally binding agreement (‚ÄúAgreement‚ÄĚ) between you and CLEADOC (as defined). The Agreement applies to your use of CLEADOC Sites (as defined) and the Service (as defined) provided by CLEADOC. If you do not agree to the Terms of Use, you shall not, or shall immediately cease accessing and using CLEADOC Sites and/or the Service.

    1.2.    CLEADOC may amend the terms in the Agreement at any time to account for changes in applicable laws and regulations. Such amendments shall be effective once they are posted on CLEADOC Sites. It is your responsibility to review the Terms of Use if we have amended the Terms of Use since you last used CLEADOC Sites and/or the Service. Your continued use of CLEADOC Sites and/or the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

    1.3.    CLEADOC is a technology company which provides a platform to facilitate User (as defined) to obtain Solution (as defined) provided by Third-Party Provider (as defined). CLEADOC’s role is merely to link the User with such Third-Party Provider. CLEADOC is not responsible for the acts and/or omissions of any Third-Party Provider, and any liability in relation to such Solution shall be borne by the Third-Party Provider. Third-Party Provider shall not represent to be an agent, employee, or staff of CLEADOC, and the Solution provided by Third-Party Provider shall not be deemed to be provided by CLEADOC.

    2.    Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

¬†¬† ¬†2.1.¬†¬† ¬†‚ÄúApplication‚ÄĚ means the relevant mobile application(s) made available for download by CLEADOC (or its licensors) to User and Third-Party Provider respectively;

¬†¬† ¬†2.2.¬†¬† ¬†‚ÄúCLEADOC‚ÄĚ means:

    2.2.1.CLEA Technology Sdn Bhd; and 

    2.2.2.     the relevant subsidiary, affiliate, associated company of CLEA Technology Sdn     Bhd;

¬†¬† ¬†2.3.¬†¬† ¬†‚ÄúCLEADOC Policies‚ÄĚ means the following:

    2.3.1.the Privacy Policy; and

    2.3.2.    all other forms, letters, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

¬†¬† ¬†2.4.¬†¬† ¬†‚ÄúCLEADOC Sites‚ÄĚ means the Application, Platform and/or Software provided by CLEADOC (or its licensors);¬†

¬†¬† ¬†2.5.¬†¬† ¬†‚ÄúCLEADOC V-PCR Kit‚ÄĚ means a set of articles or equipment which shall be used during Virtual PCR Test or Virtual Covid PCR Test for the collection of User‚Äôs oral and/or nasal fluid and shall be purchased from CLEADOC prior to the Virtual PCR Test or Virtual Covid PCR Test;

¬†¬† ¬†2.6.¬†¬† ¬†‚ÄúCovid‚ÄĚ means the Coronavirus disease (COVID-19) which is an infectious disease caused by the SARS-CoV-2 virus;

¬†¬† ¬†2.7.¬†¬† ¬†‚ÄúForce Majeure‚ÄĚ means any circumstances beyond the reasonable control of you and CLEADOC which shall include, without limitation, pandemic, acts of God, perils of the sea ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬† ¬†or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority of whatever nature and for whatever cause arising.

¬†¬† ¬†2.8.¬†¬† ¬†‚ÄúIn-App Credit‚ÄĚ means a mechanism stored and displayed in your user account with an amount equivalent to the sum of money paid by you through the method made available to you on CLEADOC Sites. In-App Credit shall only be used on CLEADOC Sites for the Service provided by CLEADOC and/or Solution provided by the Third-Party Provider;

¬†¬† ¬†2.9.¬†¬† ¬†‚ÄúIn-app Video Recording‚ÄĚ means video recording featured on CLEADOC Sites. In-app Video Recording shall be used to record and ensure the User strictly adheres to the requirements, steps and/or procedures outlined on CLEADOC Sites in preparing and/or undergoing Service provided by CLEADOC and/or Solution provided by the Third-Party Provider including but not limited to Virtual Screening Service and Virtual Covid Screening Service. ¬†
    
¬†¬† ¬†2.10.¬†¬† ¬†‚ÄúPersonal Data‚ÄĚ is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, email address, your image, video capturing your image/motion undergoing Service provided by CLEADOC and/or Solution provided by the Third-Party Provider including but not limited to Virtual Consultation Service, Virtual Screening Service and Virtual Covid Screening Service, video/photo capturing your virtual screening results, health and other health related data, national registration identification card number, passport number, postal address, age, mobile number, SOCSO details, employment details, biometric data, race, date of birth, marital status, religion;

¬†¬† ¬†2.11.¬†¬† ¬†‚ÄúPlatform‚ÄĚ means the relevant CLEADOC technology platform, portal, or website that, when used in conjunction with the Application, enables User to request or access to Solution;

¬†¬† ¬†2.12.¬†¬† ¬†‚ÄúPrivacy Policy‚ÄĚ means our privacy policy accessible at https://cleadoc.com/privacy-policy/ as amended from time to time;

¬†¬† ¬†2.13.¬†¬† ¬†‚ÄúReal-time Communication‚ÄĚ means synchronous and live communication between User and Third-Party Provider and shall not include any delayed messages;

¬†¬† ¬†2.14.¬†¬† ¬†‚ÄúService‚ÄĚ means the linking of User to Third-Party Provider and/or other User through CLEADOC Sites;

¬†¬† ¬†2.15.¬†¬† ¬†‚ÄúSoftware‚ÄĚ means any software associated with the Application which is supplied made available for download and installation by CLEADOC;

¬†¬† ¬†2.16.¬†¬† ¬†‚ÄúSolution‚ÄĚ shall include but not limited to Virtual Doctors Consultation Service, Virtual Covid Screening Services, Virtual Covid PCR Test and/or Virtual PCR Test, Virtual Point of Care Testing Services, which is made available to User through the Service and any such other services which CLEADOC may make available from time to time;¬†

¬†¬† ¬†2.17.¬†¬† ¬†‚ÄúThird-Party Healthcare Provider‚ÄĚ means private medical clinic and/or private hospital which is duly licensed as required by the Private Healthcare Facilities and Services Act (1998), registered medical practitioner, registered nurse, medical assistant, and/or any other person involved in the giving of medical and healthcare services and have obtained appropriate permits, licenses and/or approvals from the appropriate authority to provide healthcare services in Malaysia;

¬†¬† ¬†2.18.¬†¬† ¬†‚ÄúThird-Party Logistics Provider‚ÄĚ means logistics company which has obtained appropriate permits, licenses and/or approvals from the appropriate authority to provide logistics services in Malaysia. For avoidance of doubt, Third-Party Logistics Provider shall be responsible for, amongst others, the delivery of CLEADOC V-PCR Kit to User prior to the Virtual Covid PCR Test and/or Virtual PCR Test and delivery of CLEADOC V-PCR Kit to Third-Party Laboratory after the successful submission of User‚Äôs video recording captured during Virtual Covid PCR Test and/or Virtual PCR Test on CLEADOC Sites;

¬†¬† ¬†2.19.¬†¬† ¬†‚ÄúThird-Party Laboratory‚ÄĚ means medical diagnostic laboratory which has obtained appropriate permits, licenses and/or approvals from the appropriate authority to provide laboratory test in Malaysia. For avoidance of doubt, Third-Party Laboratory shall be responsible for, amongst others, the diagnosis of Covid and/or any other disease/ bacteria / viruses using User‚Äôs oral and/or nasal fluid sample obtained during Virtual Covid PCR Test and/or Virtual PCR Test and the provision of diagnostic test results;¬†

¬†¬† ¬†2.20.¬†¬† ¬†‚ÄúThird-Party Provider‚ÄĚ includes but not limited to Third-Party Healthcare Provider, Third-Party Logistics Provider and/or Third-Party Laboratory who have chosen to use CLEADOC Sites to provide the Solution to User through CLEADOC‚Äôs Service. For avoidance of doubt, Third-Party Provider is not an employee or otherwise acting on behalf of CLEADOC in providing the Solution;¬†

¬†¬† ¬†2.21.¬†¬† ¬†‚ÄúUser‚ÄĚ means any person who uses the Application, Platform and/or Software to obtain the Solution;¬†

¬†¬† ¬†2.22.¬†¬† ¬†‚ÄúUser Charges‚ÄĚ mean charges incurred by User for the Solution obtained through the use of the Service, including but not limited to any applicable taxes;

¬†¬† ¬†2.23.¬†¬† ¬†‚ÄúVirtual Doctors Consultation Service‚ÄĚ includes but not limited to healthcare and/or medical consultation service rendered by Third-Party Healthcare Provider to the User through Real-time Communication, where the User and the Third-Party Healthcare Provider are not in the same physical location;

¬†¬† ¬†2.24.¬†¬† ¬†‚ÄúVirtual Covid Screening Service‚ÄĚ means health screening service in relation to Covid, conducted through, including but not limited to In-app Video Recording and Real-time Communication, where the User and the Third-Party Provider are not in the same physical location. For avoidance of doubt, Third-Party Provider shall through Real-time Communication supervise the User in preparing and/or undergoing virtual Covid screening.

¬†¬† ¬†2.25.¬†¬† ¬†‚ÄúVirtual Covid PCR Test‚ÄĚ means polymerase chain reaction (PCR) test in relation to Covid, conducted through interactive text, image, audio and/or video, where the User and the Third-Party Provider are not in the same physical location.¬†

¬†¬† ¬†2.26.¬†¬† ¬†‚ÄúVirtual Screening Service‚ÄĚ means health screening service, conducted through, including but not limited to In-app Video Recording and Real-time Communication, where the User and the Third-Party Provider are not in the same physical location. For avoidance of doubt, Third-Party Provider shall through Real-time Communication supervise the User in preparing and/or undergoing virtual screening.

¬†¬† ¬†2.27.¬†¬† ¬†‚ÄúVirtual PCR Test‚ÄĚ means polymerase chain reaction (PCR) test, conducted through interactive text, image, audio and/or video, where the User and the Third-Party Provider are not in the same physical location.¬†


    3.    Representations, Warranties and Undertakings

    3.1.    You represent and warrant to CLEADOC and acknowledge that CLEADOC is relying on your representations and warranties that:

    3.1.1.    You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. The usage of CLEADOC Sites is only accessible to minors or medically/mentally/legally incompetent person who possess legal parental/ guardian consent or legal spouse/parent/relatives or who are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

    3.1.2.    You will provide accurate, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current, and complete at all times during the term of the Agreement. You agree that CLEADOC may rely on your information as accurate, current, and complete. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, CLEADOC has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

    3.1.3.    You will only use CLEADOC Sites for their intended and lawful purposes;

    3.1.4.    You will keep your account password or any identification we provide you which     allows access to the Service secure and confidential;

    3.1.5.You agree to notify us immediately of any unauthorized use of your account or any         other breach of security;

    3.1.6.    You will not try to interrupt or harm the CLEADOC Sites and/or the Service in any way;

    3.1.7.    You will not attempt to commercially exploit any part of CLEADOC Sites without our permission, including without limitation modify any of CLEADOC Sites’ content in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose without our permission;

    3.1.8.    You will not authorize others to use your identity or user status, and you may not     assign or otherwise transfer your user account to any other person or entity without     our permission;

    3.1.9.You will provide us with whatever proof of identity or any other documents, permits,         licenses or approvals which we may reasonably request or require;

    3.1.10.    You agree to strictly adhere to the requirements, steps and/or procedures outlined on CLEADOC Sites in preparing and/or undergoing Service provided by CLEADOC and/or Solution provided by the Third-Party Provider including but not limited to Virtual Consultation Service, Virtual Covid Screening Service, Virtual Screening Service, Virtual Covid PCR Test and/or Virtual PCR Test;  

    3.1.11.    You agree to strictly adhere to the requirements, steps and/or procedures outlined on CLEADOC Sites in preparing and/or undergoing Virtual Covid PCR Test and/or Virtual PCR Test, failing which you shall bear all risk arising out of your incomplete and/or inconclusive Virtual Covid PCR Test and/or Virtual PCR Test results and shall have no recourse to CLEADOC in respect of the same; 

    3.1.12.    You will not use CLEADOC Sites for sending or storing any unlawful material or for     fraudulent purposes;

    3.1.13.    You will not use CLEADOC Sites to cause nuisance or behave in an inappropriate     or disrespectful manner towards CLEADOC or any third party;

    3.1.14.    You agree to use In-App Credit for its intended and lawful purposes, including but not limited for the provision of the Service and Solution; 

    3.1.15.    You will not transfer In-App Credit to other User without permission from CLEADOC;

    3.1.16.    When using the Service, you agree to comply with all laws applicable to you and/or     your use of the Service;

    3.1.17.    You will not copy and/or distribute the Software or other content on CLEADOC Sites without written permission from CLEADOC;

    3.1.18.    You will only use an access point or data account which you are authorized to use;

    3.1.19.    You agree that the Service is provided on a reasonable effort basis;

    3.1.20.    You agree that the outcome of the Virtual Consultation Service, Virtual Covid PCR Test and/or Virtual PCR Test is absolute and you shall absolve full responsibility of CLEADOC as you agree that the Service is provided on a reasonable effort basis;

    3.1.21.    You agree that your use of the Service will be subject to CLEADOC Policies;

    3.1.22.    You shall not contact Third-Party Provider in relation to the Service, Solution and/or any other purposes without prior consent from CLEADOC;

    3.1.23.    You agree that CLEADOC may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account;

    3.1.24.    You agree to assist CLEADOC with any internal or external investigations as may be required by CLEADOC in complying with any prevailing laws or regulations in place;

    3.1.25.    You agree to assume full responsibility and liability for all loss or damage suffered by yourself, CLEADOC or any other party as a result of your breach of this Agreement; 

    3.1.26.    You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud CLEADOC or to disrupt the natural functions of the CLEADOC Sites; and

¬†¬† ¬†3.1.27.¬†¬† ¬†You acknowledge and declare that before making request for Service and/or Solution, you had considered and evaluated the responsibilities and risks which may arise in using CLEADOC’s Service and Third-Party Provider‚Äôs Solution, and you have taken and will continue to take all necessary steps to avoid or reduce any unacceptable responsibilities and risks.

    3.1.28.    You agree that CLEADOC may send you information text messages as part of the normal business operation of your use of the CLEADOC Sites and receipt of the CLEADOC’s Services.

    4.    Compatibility

    4.1.    Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with CLEADOC Sites. While we continuously develop CLEADOC Sites in order to, as far as possible, support all commonly used devices and models in markets and all browsers where CLEADOC Sites is likely to be accessed from, we do not warrant compatibility of CLEADOC Sites with specific mobile devices or other hardware.

    5.    Payments and Refund 

    5.1.    You are required to make full payment of the User Charges for Service and Solution on CLEADOC Sites through the method made available to you including but not limited to In-App Credit, unless such User Charges are payable by third parties including but not limited to your employer. Unless otherwise agreed by CLEADOC at its sole discretion, all payments made are non-refundable and irrevocable

    5.2.    Pay-per-use option. CLEADOC requires you to make payment on CLEADOC Sites through method made available to you prior to your request for the provision of the Service and/or Solution. You shall pay the User Charges by using the payment method provided at the time you request for the Service and/or Solution. You will not be able to begin accessing to the Service and Solution through CLEADOC Sites if the payment is not made.

    5.3.    Third-Party Payment/Coverage option. CLEADOC may permit a third-party payer (including but not limited to employer) to pay the User Charges for the Service and Solution provided to a User or group of Users. In these circumstances, CLEADOC has a contract with the third-party payer under which the third-party payer discloses Personal Data of the User(s) for whom the third-party payer will pay the User Charges for the Service and/or Solution. CLEADOC is not a party to and has no control over the agreement between any User and third-party payer. Coverage by a third-party payer does not release a User from the obligation to comply with these Terms of Use.

    5.4.    CLEADOC will inform User of any changes to or termination of their third-party payment/coverage. User whose third-party coverage is terminated may be given the option of continuing to use CLEADOC Sites under his/her existing account so long as he/she pays the User Charges.

    5.5.    CLEADOC will charge Third-Party Provider a service fee for using CLEADOC Sites and/or the Service, which CLEADOC will deduct from the User Charges payable for the Solution, which accrue to Third-Party Provider. CLEADOC shall facilitate payment of the User Charges to Third-Party Provider. 

    6.    CLEADOC Rewards Programme and Promotions for User

¬†¬† ¬†6.1.¬†¬† ¬†From time to time, CLEADOC may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on CLEADOC Sites (‚ÄúVouchers‚ÄĚ). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on CLEADOC Sites. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. CLEADOC reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. CLEADOC reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.

    7.    Intellectual Property Ownership

    7.1.    CLEADOC and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to CLEADOC Sites and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not convey to you any rights of ownership in or related to the Service, the CLEADOC Sites, or any intellectual property rights owned by CLEADOC and/or its licensors. CLEADOC’s name, CLEADOC’s logo and the Third-Party Provider’s logos and names associated with the CLEADOC Sites are trademarks of CLEADOC or third parties, and no right or license is granted to use them. 

    8.    License Grant and Restrictions

    8.1.    CLEADOC and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the CLEADOC Sites to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by CLEADOC and/or its licensors.

    8.2.    You shall not:

    8.2.1.    license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party CLEADOC Sites in any way;

    8.2.2.    modify or make derivative works based on CLEADOC Sites;

    8.2.3.    mirror or frame the CLEADOC Sites or any portion thereof;

    8.2.4.    attempt to gain unauthorized access to or impair any aspect of CLEADOC Sites, or its related systems or networks; 

    8.2.5.    disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;

    8.2.6.    impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

    8.2.7.    post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; 

    8.2.8.    remove any copyright, trademark or other proprietary rights notices contained on CLEADOC Sites; or

    8.2.9.    use the CLEADOC Sites to: (a) send spam or otherwise duplicative or unsolicited messages; (b) 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; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the CLEADOC Sites or the data contained therein; (e) attempt to gain unauthorized access to the CLEADOC Sites or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable

    9.    Taxes

    9.1.    You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs 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 CLEADOC 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 Service.

    10.    Confidentiality

    10.1.    You shall maintain in confidence all information and data relating to CLEADOC, its services, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of CLEADOC (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from CLEADOC, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without CLEADOC’s prior written consent, disclose such information to any third party nor use it for any other purpose.

    10.2.    The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

    10.2.1.was at the time of receipt already in your possession;

    10.2.2.is, or becomes in the future, public knowledge through no fault or omission on your         part;

    10.2.3.was received from a third party having the right to disclose it; or

    10.2.4.is required to be disclosed by law.

    11.    Data Privacy and Personal Data Protection Policy

    11.1.    CLEADOC collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to the Service and its terms are made a part of this Agreement by this reference.

    11.2.    Where applicable, you agree and consent to CLEADOC, collecting, using, processing, and disclosing Personal Data as further described in our Privacy Policy at https://cleadoc.com/privacy-policy/.

    12.    Third Party Hyperlinks and Communications

    12.1.    We may include hyperlinks on CLEADOC Sites to other websites or resources including those operated by parties other than CLEADOC for your convenience. CLEADOC is not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources, and has no responsibility for or control over the terms of use or privacy policy of the operators of the external websites or resources. You agree that your access and view any such third-party websites or resources at your own risk.

    12.2.    You agree and allow CLEADOC to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. 

    13.    Relationship of Parties

    13.1.    Access and usage of CLEADOC Sites, Service and/or Solution does not establish a doctor-patient relationship between the User and CLEADOC. CLEADOC does not assume a duty of care to the User. 

    13.2.    Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with CLEADOC.

    14.    Indemnification

    14.1.    By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold CLEADOC, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the CLEADOC Sites in your dealings with the Third Party Provider or other User (as the case may be) or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Provider or User arranged via the Service, and (d) your use or misuse of the Service and/or CLEADOC Sites.

    15.    Disclaimer of Warranties

¬†¬† ¬†15.1.¬†¬† ¬†CLEADOC Sites, its content and/or the Service are provided to you on an ‚Äúas is‚ÄĚ and ‚Äúas available‚ÄĚ basis. CLEADOC makes no representations or warranties of any kind, express or implied, in connection with CLEADOC Sites, the Service, and/or Terms of Use. Although we make reasonable efforts to keep CLEADOC Sites up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. We shall not be liable for any direct, indirect, or consequent loss arising from the modifications or amendments to CLEADOC Sites, the Service, and/or Terms of Use.

    15.2.    You agree that the content of CLEADOC Sites, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind. Reliance on any content provided on CLEADOC Sites is solely at your own risk. CLEADOC reserves the right to change or discontinue, at any time, any aspect or feature of CLEADOC Sites.

    15.3.    CLEADOC does not warrant and represent that it assesses or monitors the suitability, legality and ability of Third-Party Provider and you expressly waive and release CLEADOC from any and all liability, claims or damages arising from or in any way related to the Third-Party Provider. 

    15.4.    CLEADOC makes no representation or warranty of any kind whatsoever, express, or implied, in respect of Solution provided by Third-Party Provider. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third-Party Provider and shall have no recourse to CLEADOC in respect of the same.


    16.    Inherent Difficulties in Using Internet and Electronic Communications

    16.1.    CLEADOC Sites and/or the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including but not limited to the poor resolution of images and/or videos. Please ensure that you are equipped with proper video recording equipment, storage and/or internet connectivity as mentioned herein or is relevant for the Service and/or Solution you want to avail. CLEADOC is not responsible for any delays, damages or losses resulting from such problems.

    16.2.    You acknowledge and agree that the use of CLEADOC Sites on your mobile device requires a mobile data plan and may consume a large amount of data through the mobile data plan. You agree that you are responsible for all mobile data charges you incur through your use of CLEADOC Sites. 

    17.    Limitation of Liability

    17.1.    Unless otherwise stated, and to the fullest extent allowed by law, CLEADOC 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 or Solution, including but not limited to:

    17.1.1.    loss, damage, or injury arising out of, or in any way connected with CLEADOC Sites and/or the Service; or

    17.1.2.    the use or inability to use CLEADOC Site and/or the Service.

    17.2.    Third Party Provider who provides Solution through CLEADOC Sites are independent healthcare, logistics and/or laboratory provider responsible for the services provided to you, in compliance with the code of ethics, in accordance with the requirements applicable to the profession and professional licences, permits and/or approvals. CLEADOC does not influence or interfere with the industry practice by the Third-Party Provider, nor does CLEADOC assume a duty of care to you. CLEADOC who promotes or connects you with the Third-Party Provider shall not be held liable for any professional advice given, including but not limited to acts of omissions. Information obtained and dependence on such from the CLEADOC Sites is solely at your own risk.

    17.3.    Third-Party Provider utilising the CLEADOC Sites assume full responsibility to ensure it has obtained appropriate permits, licenses and/or approvals from the appropriate authority to provide healthcare, logistics and laboratory test for diagnosing Covid services in Malaysia.

    17.4.    CLEADOC shall not be a party to disputes, or negotiations of disputes between you and Third-Party Provider. 

    17.5.    Third-Party Provider is solely responsible for the Solution that he/she provides to you, including compliance with standards of care, record-keeping and other professional obligations and compliance with applicable law and regulations. No results can be guaranteed or assured in connection with the Solution. You understand, therefore, that by using the Service and/or Solution, your use of the Service and/or Solution is at your own risk.

    17.6.    Without limiting the generality of the preceding, under no circumstance will CLEADOC be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including professional negligence, personal injury, lost income, or lost data, related to, in connection with, or otherwise resulting from any use of CLEADOC Sites and/or the Service and/or the Solution provided by Third-Party Provider.


    18.    Notice

    18.1.    CLEADOC may give notice through CLEADOC Sites, electronic mail to your email address in the records of CLEADOC, or by written communication sent by registered mail or pre-paid post to your postal address in the record of CLEADOC. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to CLEADOC (such notice shall be deemed given when received by CLEADOC) by letter sent by courier or registered mail to CLEADOC using the contact details as provided in the CLEADOC Sites.

    19.    Assignment

    19.1.    These Terms of Use are not assignable, transferable, or to be sublicensed by you except with CLEADOC’s prior written consent. CLEADOC may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Any purported assignment by you in violation of this section shall be void.

    20.    Dispute Resolution

    20.1.    This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service and/or Solution shall be submitted to the exclusive jurisdiction of the courts exercising jurisdiction in Malaysia for any legal proceedings in connection with this Agreement. 

    21.    Severability

    21.1.    If any term of this Agreement is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining terms shall not be affected or impaired.

    22.    No Waiver

    22.1.    The failure of CLEADOC to enforce any right or any term of this Agreement shall not constitute a waiver of such rights or terms.

    23.    Entire Agreement

    23.1.    This Agreement comprises the entire agreement between you and CLEADOC and supersedes any prior or contemporaneous negotiations or discussions.

    24.    Suspension, Termination and Variation

    24.1.    CLEADOC may, without notice, at any time and for any reason, modify, suspend, or terminate your access to and use of the CLEADOC Sites, or any portion of the CLEADOC Sites (including but not limited to access to your account and/or the availability of the Service).

    24.2.    CLEADOC may, without notice, at any time and for any reason, interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of the Service), as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

    24.3.    CLEADOC may, without notice, at any time and for any reason, modify or change any applicable CLEADOC Policies. 

    24.4.    Upon termination of your account, CLEADOC will have no further obligation to provide you with access to CLEADOC Sites, except to the extent that CLEADOC has an obligation to provide you with access to your virtual screening and/or test results as well as consultation reports. CLEADOC shall not be required to compensate you for any suspension, termination and/or variation. 

    25.    No Third-Party Rights 

    25.1.    This Agreement does not give rights to any third parties who are not party to this Agreement.

SECTION II ‚Äď ADDITIONAL TERMS OF USE FOR VIRTUAL COVID PCR TEST / VIRTUAL PCR TEST

    1.    Beta Version

¬†¬† ¬†1.1.¬†¬† ¬†The additional Terms of Use under this section shall only apply to User with respect to any “Beta” version of the Service and/or Solution (“Beta Service”) made available to User on CLEADOC Sites.

¬†¬† ¬†1.2.¬†¬† ¬†You acknowledge and agree that you are participating in CLEADOC‚Äôs Beta Service, and the Beta Service is provided on an ‚Äúas is‚ÄĚ and on a reasonable effort basis.¬†

    1.3.    CLEADOC makes no representations or warranties, express or implied, regarding the Beta Service, including any representation that the Beta Service thereunder will be uninterrupted or error-free. To the fullest extent permitted under applicable law, CLEADOC disclaims any express or implied warranty in respect of the Beta Service. For the avoidance of doubt, the Beta Service is prelease, and is expected to contain defects which may be material and is not expected to operate at the level of performance or compatibility of a final, generally available service offering. Beta Service may not operate accurately and may be substantially modified prior to official launch and may be withdrawn at any time. Accordingly, access to and use of the Beta Service is entirely at User’s own risk. In no event shall CLEADOC be liable for any damage whatsoever arising out of the use of or inability to use the Beta Service. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the Beta Service.

    1.4.    During the Beta Service, CLEADOC makes no representation or warranty of any kind whatsoever, express, or implied, in respect of Solution provided by Third-Party Provider. You agree that you shall bear all risk arising out of your use or inability to use the Service and any Solution provided by Third-Party Provider and shall have no recourse to CLEADOC in respect of the same.

    1.5.    CLEADOC reserves the right to revise the User Charges at any time, at its sole discretion, under this Agreement or after the Beta Service is officially launched and made widely available. 

    1.6.    During the Beta Service, User will be asked to provide feedback regarding the use of the Beta Service and User hereby grants to CLEADOC a perpetual, royalty-free worldwide license to use and/or incorporate such feedback into CLEADOC’s Service (including the Beta Services) at any time at the sole discretion of CLEADOC. With respect to the Beta Service, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.

SECTION III ‚Äď ADDITIONAL TERMS OF USE FOR VIRTUAL CONSULTATION SERVICE

IMPORTANT ‚Äď IF YOU ARE EXPERIENCING A CRITICAL OR EMERGENCY MEDICAL SITUATION, PLEASE SEEK EMERGENCY MEDICAL HELP FROM AN AMBULANCE OR A HOSPITAL. THIS CLEADOC SITES ARE NOT SUITED FOR CRITICAL AND/OR EMERGENCY MEDICAL SITUATIONS.

    1.    Payments & Charges

    1.1.    You acknowledge and agree that User Charges shall only limit to the Virtual Consultation Service provided by Third-Party Healthcare Provider. You further acknowledge and agree that additional charges may incur for, amongst others, medications and miscellaneous items whereby you will be informed in advance. 

    2.    Representations, Warranties and Undertakings

    2.1.    You represent and warrant to CLEADOC and acknowledge that CLEADOC is relying on your representations and warranties that:

    2.1.1.    You agree to provide full and accurate information to the Third-Party Healthcare Provider including but not limited to medical history and drug allergies, and you further acknowledge that the quality of the Solution is heavily dependent on the information, which you provide to the Third-Party Healthcare Provider. 

    2.1.2.    You acknowledge and agree that you may be denied the Service and/or Solution in the event you refuse to provide proof of identity and other requested information. 

    2.1.3.    You retain the right to reject any medication from the Third-Party Healthcare Provider if the packaging appears tampered with. 


SECTION IV РADDITIONAL TERMS OF USE FOR CLEADOC’S SECRET PATIENT SERVICE

    1.    CLEADOC’s Secret Patient Service

    1.1.    The additional Terms of Use under this section shall only apply to User with respect to any CLEADOC’s Secret Patient Service (as defined) made available to User on CLEADOC Sites.

¬†¬† ¬†1.2.¬†¬† ¬†‚ÄúAnonymous Data‚ÄĚ means Personal Data that has been processed in such a manner that it can no longer be attributed to an identified or identifiable natural person without additional information unavailable to any party.¬†

¬†¬† ¬†1.3.¬†¬† ¬†The objective of anonymous feature developed by CLEADOC (‚ÄúCLEADOC‚Äôs Secret Patient Service‚ÄĚ) is to preserve security and privacy in a healthcare environment where the identity of User and/or Personal Data including but not limited to health-sensitive information shall remain anonymous and will be stored in various distributed databases in a temporarily manner and would be permanently erased and/or destroyed within not more than 5 minute.¬†

¬†¬† ¬†1.4.¬†¬† ¬†Prohibited Practices.¬†You represent and warrant to CLEADOC that you will not perform, or facilitate or support others in performing, any of the following prohibited practices (collectively, ‚ÄúProhibited Practices‚ÄĚ):

    1.4.1.    attempting to decode, circumvent, re-identify, de-anonymize, unscramble, unencrypt, or reverse hash, or reverse-engineer Anonymous Data; 

    1.4.2.    carrying out any activity during the access or use of CLEADOC’s Secret Patient Service, which is unlawful, abusive, misleading, discriminatory, defamatory, or fraudulent in any way; 

    1.4.3.    using CLEADOC’s Anonymous Service, without CLEADOC’s express written consent, for any commercial or unauthorized purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation or spamming;

    1.4.4.    incorporating CLEADOC’s Anonymous Service or any portion thereof into any other program or product;

    1.4.5.    impersonating any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity during the access or use of CLEADOC’s Anonymous Service; or

    1.4.6.    using the CLEADOC’s Anonymous Service in a manner that may create a conflict of interest or undermine the purposes of CLEADOC’s Anonymous Service.


SECTION V РADDITIONAL TERMS OF USE FOR CORPORATE USERS 

    1.    Corporate User Account

¬†¬† ¬†1.1.¬†¬† ¬†The additional Terms of Use under this section applies to you if you are a corporate User (‚ÄúCorporate User‚ÄĚ) and sets out the terms under which you may use CLEADOC Corporate User‚Äôs portal (‚ÄúCorporate User‚Äôs Portal‚ÄĚ) in conjunction with the Service and/or Solution accessed by you and your authorised Users (‚ÄúAuthorised User‚ÄĚ) through CLEADOC Sites.¬†

    1.2.    The Terms of Use including this section applies to you upon your completion of the account sign-up with CLEADOC and constitute a binding agreement between you and CLEADOC. In the event of any conflict in the terms under this section and the rest of these Terms of Use, the terms in this section shall prevail. 

¬†¬† ¬†1.3.¬†¬† ¬†Upon the completion of your account sign-up with CLEADOC, CLEADOC will establish a corporate account (‚ÄúCorporate User Account‚ÄĚ)¬†for you to (i) manage and pay User Charges incurred by you and your Authorised User and (ii) manage, review and record health related information of your Authorised User (including but not limited to virtual Covid screening results).¬†

    1.4.    By using your Corporate User Account, you may permit your Authorised User to pay for CLEADOC’s Service and/or Solution using Corporate Billing (as defined). You acknowledge that Authorised User employing Corporate Billing (as defined) will be incurring User Charges to your Corporate User Account and not to the Authorised User’s Personal User Account (as defined). 

¬†¬† ¬†1.5.¬†¬† ¬†You shall provide CLEADOC with full name of the Personal User Account holder and/or other identifying information about the Personal User Account holder as reasonably requested by CLEADOC (‚ÄúLinking Data‚ÄĚ). CLEADOC will use the Linking Data provided for the purpose of authenticating the identified Personal User Account holder and linking such Personal User Account with your Corporate User Account to establish the Personal User Account holder as an Authorised User and verifying the status of such Authorised User from time to time.¬†

¬†¬† ¬†1.6.¬†¬† ¬†You acknowledge and agree that before an Authorised User is authorised, such Authorised User shall register and maintain an active personal user account (‚ÄúPersonal User Account‚ÄĚ) on CLEADOC Sites and comply with all the terms set forth in these Terms of Use.

    1.7.    You shall ensure that Linking Data provided to CLEADOC is accurate, complete, and up-to-date, and CLEADOC shall not be liable to you, an Authorised User, or any other party with respect to inaccurate or incomplete Linking Data supplied by you.

    1.8.    An Authorised User’s Personal User Account may be unlinked from your Corporate User Account and the Corporate Billing (as defined) at any time by you unlinking the Authorised User through your Corporate User’s Portal. 

    2.    Representations, Warranties and Undertakings

    2.1.    You further represent and warrant to CLEADOC and acknowledge that CLEADOC is relying on your representations and warranties that:

    2.1.1.    You have the full right, power, and authority to enter into this Agreement. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; 

    2.1.2.    You agree that you are responsible for all User Charges incurred by your Authorised User on the Authorised User list regardless of whether such User Charges was authorised between Authorised User and you; 

    2.1.3.    You have all rights and permissions necessary to provide CLEADOC with the Linking Data and/or any other information provided to CLEADOC hereunder in connection with the Service, Solution and/or Corporate Billing (as defined);

    2.1.4.    You have obtained legally adequate consent from Authorised User as necessary to provide CLEADOC with any Personal Data in connection with the Service, Solution and/or Corporate Billing (as defined);

    2.1.5.    You have notified and have obtained legally adequate consent from Authorised User that CLEADOC will share and disclose to you, health related information of the Authorised User (including but not limited to virtual screening and/or test results as well as consultation reports); and

    2.1.6.    You agree to comply with all laws applicable to you relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

    2.2.    CLEADOC reserves the right to immediately suspend or terminate your Corporate User Account and suspend or terminate any or all Corporate Billing (as defined) by all Authorised Users in the event of any breach of the terms in this Agreement. In the event that an Authorised User’s Personal User Account is suspended or terminated pursuant to these Terms of Use, such Authorised User’s access to Corporate Billing (as defined) shall also be suspended. CLEADOC reserves all rights not expressly granted to you and/or Authorised Users under these Terms of Use.

    3.    Corporate User Account Portal and Account Administration

¬†¬† ¬†3.1.¬†¬† ¬†You will be provided with access to the Corporate User‚Äôs Portal. CLEADOC‚Äôs primary contact with you shall be by way of your appointed administrator set forth on the account sign-up form associated with this Agreement (‚ÄúCompany Admin‚ÄĚ). The Corporate User‚Äôs Portal may enable you to do the following: –¬†

    3.1.1.    view a current list of all Authorised Users’ who have been linked to your Corporate User Account; 

    3.1.2.    include additional Authorised User to your Corporate User Account and/or to remove Authorised User from your Corporate User Account; 

    3.1.3.    view relevant health related information of Authorised User (including but not limited to virtual screening and/or test results as well as consultation reports), prepare and review health report using the said information;  

    3.1.4.    manage and update the Authorised User’s heath related information (including but not limited to virtual screening and/or test results as well as consultation reports) on file; 

    3.1.5.    make payment to top up In-App Credit via method made available to you;

    3.1.6.    transfer In-App Credit to each Authorised User’s Personal User Account;

    3.1.7.    view current, appoint new, and remove Company Admins; and/or

    3.1.8.    any other administrative activities which are reasonably related to the aforesaid. 

    3.2.    You agree to use Authorised User’s heath related information (including but not limited to virtual Covid screening results) solely for legitimate business purposes including but not limited to business expense processing, accounting, and budgeting purposes. CLEADOC reserves the right to add, remove and update features and functionality of CLEADOC Corporate User’s Portal at any time without any notice to you.

    3.3.    You agree to (a) maintain CLEADOC Corporate User’s Portal login credentials in confidence, (b) only permit the Company Admins and your other authorised company administrators to access CLEADOC Corporate User’s Portal, and (c) update all information of the Company Admins and other authorised administrators to ensure that it is current, accurate, and complete. 

    3.4.    You shall limit access to Authorised User’s heath related information (including but not limited to virtual screening and/or test results as well as consultation reports) to only those personnel who have a legitimate business need to access such information. 

    3.5.    You shall be responsible for all activities that occur under your Corporate User’s Portal login credentials including but not limited to keeping and maintaining an accurate list of current Authorised Users entitled to access Corporate Billing (as defined) via the Corporate User’s Portal. CLEADOC may review the current list of Authorised Users from time to time via your Corporate User’s Portal to maintain and support CLEADOC Sites, the Service and/or the Solution and ensure compliance with these Terms of Use.

    4.    Payments

    4.1.    You agree to pay all User Charges incurred under Corporate Billing (as defined), as well as any applicable fees incurred by your Authorised User in using the Service provided by CLEADOC and/or the Solution provided by Third-Party Provider in accordance with the terms in this Agreement.

¬†¬† ¬†4.2.¬†¬† ¬†‚ÄúCorporate Billing‚Ä̬†means the billing and payment process for all the User Charges relating to Service provided by CLEADOC and/or the Solution provided by Third-Party Provider to you and your Authorised User under your Corporate User Account, whereby you make payment to top up In-App Credit on your Corporate User‚Äôs Portal via method made available to you prior to your and/or your Authorised User‚Äôs request for the provision of the Service and/or Solution.¬†

¬†¬† ¬†4.3.¬†¬† ¬†Subject to terms and conditions determined by CLEADOC from time to time at its sole discretion, you will be able to access to monthly report (‚ÄúMonthly Report‚ÄĚ) for User Charges incurred by you and your Authorised User utilising the Corporate Billing.¬†

    4.4.    All payments made pursuant to these Terms of Use are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on such User Charges Fees. All payments made are non-refundable unless otherwise stated.

    4.5.    You agree to provide information that CLEADOC may reasonably request from time to time in order for CLEADOC to be able to comply with its tax reporting obligations, including but not limited to your registered company name, billing address, tax number (where applicable) and any other evidence that CLEADOC may require that you are a business conducting an economic activity. 

    5.    Relationship of Parties

    5.1.    Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and CLEADOC.

    5.2.    Your arrangement and contractual relationship with your Authorised User are solely between you and your Authorised User. CLEADOC accepts no liability and obligation in connection with any contract and dispute arising thereon. 

    6.    Intellectual Property Ownership

    6.1.    Neither party may use or reference the other party’s name, logo and/or trademarks in a press release or otherwise without the prior consent of such other party in each instance.

    7.    Indemnification

    7.1.    By agreeing to the Terms of Use including this section upon using the Service, you agree that you shall indemnify and hold CLEADOC, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) you and your Authorised User’s use of the Service, CLEADOC Sites in your dealings with the Third-Party Provider or other User (as the case may be) or (b) your and your Authorised User’s violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your and your Authorised User’s violation of any rights of any third party, including Third-Party Provider or User arranged via the Service, and (d) your and your Authorised User’s use or misuse of the Service and/or CLEADOC Sites.

    8.    Disclaimer of Warranties

¬†¬† ¬†8.1.¬†¬† ¬†CLEADOC Sites, its content and/or the Service are provided to you and your Authorised User on an ‚Äúas is‚ÄĚ and ‚Äúas available‚ÄĚ basis. CLEADOC makes no representations or warranties of any kind, express or implied, in connection with CLEADOC Sites, the Service, and/or Terms of Use including this section. Although we make reasonable efforts to keep CLEADOC Sites up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. We shall not be liable for any direct, indirect, or consequent loss arising from the modifications or amendments to CLEADOC Sites, the Service, and/or Terms of Use including this section.

    8.2.    You agree that the content of CLEADOC Sites, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind. Reliance on any content provided on CLEADOC Sites is solely at your own risk. CLEADOC reserves the right to change or discontinue, at any time, any aspect or feature of CLEADOC Sites.

    8.3.    CLEADOC does not warrant and represent that it assesses or monitors the suitability, legality and ability of Third-Party Provider and you expressly waive and release CLEADOC from any and all liability, claims or damages arising from or in any way related to the Third-Party Provider. 

    8.4.    CLEADOC makes no representation or warranty of any kind whatsoever, express, or implied, in respect of Solution provided by Third-Party Provider. You agree that you shall bear all risk arising out of your and your Authorised User’s use of the Service and any Solution provided by Third-Party Provider and shall have no recourse to CLEADOC in respect of the same.

    9.    Inherent Difficulties in Using Internet and Electronic Communications

    9.1.    CLEADOC Sites and/or the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including but not limited to the poor resolution of images and/or videos. Please ensure that you and your Authorised User are equipped with proper video recording equipment, storage and/or internet connectivity as mentioned herein or is relevant for the Service and/or Solution you and your Authorised User want to avail. CLEADOC is not responsible for any delays, damages or losses resulting from such problems.

    10.    Limitation of Liability

    10.1.    Unless otherwise stated, and to the fullest extent allowed by law, CLEADOC and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you and your Authorised User or to any person for whom you have booked the Service or Solution, including but not limited to:

    10.1.1.    loss, damage, or injury arising out of, or in any way connected with CLEADOC Sites and/or the Service; or

    10.1.2.the use or inability to use CLEADOC Site and/or the Service.

    10.2.    Third-Party Provider who provides Solution through CLEADOC Sites are independent healthcare provider responsible for the services provided to you and your Authorised User, in compliance with the code of ethics, in accordance with the requirements applicable to the profession and professional licences, permits and/or approvals. CLEADOC does not influence or interfere with the practice of medicine by the Third-Party Provider, nor does CLEADOC assume a duty of care to you and your Authorised User. CLEADOC who promotes or connects you and your Authorised User with the Third-Party Provider shall not be held liable for any professional advice given, including but not limited to acts of omissions. Information obtained and dependence on such from the CLEADOC Sites is solely at your own risk.

    10.3.    Third-Party Provider utilising the CLEADOC Sites assume full responsibility to ensure it has obtained appropriate permits, licenses and/or approvals from the appropriate authority to provide healthcare, logistics and laboratory test services in Malaysia.

    10.4.    CLEADOC shall not be a party to disputes, or negotiations of disputes among you, your Authorised User and Third-Party Provider. 

    10.5.    Third-Party Provider is solely responsible for the Solution that he/she provides to you and your Authorised User, including compliance with standards of care, record-keeping and other professional obligations and compliance with applicable law and regulations. No results can be guaranteed or assured in connection with the Solution. You understand, therefore, that by using the Service and/or Solution, your and your Authorised User’s use of the Service and/or Solution is at your own risk.

    10.6.    Without limiting the generality of the preceding, under no circumstance will CLEADOC be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including professional negligence, personal injury, lost income, or lost data, related to, in connection with, or otherwise resulting from any use of CLEADOC Sites and/or the Service and/or the Solution provided by Third-Party Provider.

    11.    Suspension, Termination and Variation

    11.1.    CLEADOC may, without notice, at any time and for any reason, modify your access to and use of CLEADOC Sites, or any portion of CLEADOC Sites (including but not limited to access to your Corporate User Account Portal and/or the availability of the Service).

    11.2.    CLEADOC may, without notice, at any time and for any reason, interrupt the operation of the Application or any portion of the Application (including access to your Corporate User Account Portal and/or the availability of the Service), as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

    11.3.    CLEADOC may, without notice, at any time and for any reason, modify or change any applicable CLEADOC Policies. 

    11.4.    For the purposes of this clause, you shall not be entitled to any compensation or damages in the event that CLEADOC decides to exercise its rights to (a) modify your access to and use of CLEADOC Sites or any portion of CLEADOC Sites, or (b) interrupt the operation of the Application or any portion of the Application, and/or (c) modify or change any applicable CLEADOC Policies.

    11.5.    CLEADOC may terminate this Agreement at any time by serving on you a termination notice with prior written notice of seven (7) calendar days if you fail to comply with any of terms under this Agreement and the failure (if capable of being remedied) remain unremedied for five (5) calendar days after being called to its attention by written notice.

    11.6.    Notwithstanding anything contained in this Agreement, CLEADOC and you may terminate this Agreement by serving on other party a prior written notice of seven (7) calendar days without assigning any reason.

    12.    Consequences of Termination

    12.1.    Upon termination of this Agreement for any reason:

    12.1.1.    any User Charges payable to CLEADOC under this Agreement shall become immediately payable to CLEADOC.

    12.1.2.    the terms in clause 7 or any other terms which are intended to survive the termination of this Agreement shall continue in force in accordance with their respective terms.

    12.1.3.    all obligations of CLEADOC under this Agreement shall cease.

    12.1.4.    subject as otherwise provided in this Agreement and to any rights or obligations which have accrued prior to termination, CLEADOC and/or you shall have no further obligations to the other under this Agreement.

    13.    Force Majeure

    13.1.    In the event CLEADOC and/or you are affected by Force Majeure, CLEADOC and/or you shall notify the other party of the nature and extent of the circumstances in question.

    13.2.    Notwithstanding any other provisions of this Agreement, CLEADOC shall not be deemed to be in breach of this Agreement, or otherwise be liable to you, for any delay in performance or the non- performance of any of its obligations under this Agreement, to the extent that the delay or non- performance is due to any Force Majeure of which CLEADOC has notified you, and the time for performance of that obligation shall be extended accordingly.

    13.3.    If the Force Majeure in question prevails for a continuous period in excess of six (6) calendar months, CLEADOC and/or you shall be entitled to terminate this Agreement by a notice in writing given to the other party.