GLOCO MALAYSIA SDN. BHD. together with its parent and sister companies (" us", "we", or "GLOCO", which also includes its affiliates) is the author and publisher of the internet resource www.ghealth.com ("Website") on the world wide web as well as the software and applications provided by GLOCO, including but not limited to the mobile application 'gHealth', the software and applications of the brand names 'gHealth' and GLOCO's software and applications.
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
i. A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("you" or "User"); or
ii. Otherwise a user of the Website.
This Agreement applies to those services made available by GLOCO on the Website, which are offered to the Users ("Services"), including, amongst other things, the facility to (i) create and maintain 'Health Accounts', (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by GLOCO, and (iii) to make appointments with Practitioners
The Services may change from time to time, at the sole discretion of GLOCO, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
This Agreement shall supersede and cancel all previous agreements either in written form or orally between the parties in respect of this Website, the mobile application 'gHealth' and GLOCO's software and applications.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of GLOCO.
The Agreement is published in compliance of, and is governed by the provisions of Malaysian law, including but not limited to:
i. The Contracts Act 1950;
ii. The Copyright Act 1987;
iii. The Personal Data Protection Act 2010; and
iv. The rules, regulations, guidelines and clarifications framed there under.
2. CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to GLOCO that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. TERMS OF SERVICE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS
The terms in this Clause 3 are applicable only to Users other than Practitioners.
3.1 USER ACCOUNT AND DATA PRIVACY
3.1.1 The terms "personal data" and "sensitive personal data" are defined under the Personal Data Protection Act 2010.
3.1.2 GLOCO may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The information collected will be used only for improving the quality of GLOCO's services and to build new services.
3.1.3 The Website allows GLOCO to have access to registered Users' non-sensitive personal data, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
(i) The type of information collected from Users, including sensitive personal data;
(ii) The purpose, means and modes of usage of such information;
(iii) How and to whom GLOCO will disclose such information; and,
(iv) Other information mandated by the Personal Data Protection Act 2010.
(i) the fact that certain information is being collected;
(ii) the purpose for which the information is being collected;
(iii) the intended recipients of the information;
(iv) the nature of collection and retention of the information; and
(v) the name and address of the agency that is collecting the information and the agency that will retain the information; and
(vi) the various rights available to such Users in respect of such information.
3.1.6 GLOCO shall not be responsible in any manner for the authenticity of the personal data or sensitive personal data supplied by the User to GLOCO or to any other person acting on behalf of GLOCO.
3.1.7 The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify GLOCO of any actual or suspected unauthorized use of the User's account or password. Although GLOCO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GLOCO or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or GLOCO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GLOCO has the right to discontinue the Services to the User at its sole discretion.
3.1.9 The Users are granting GLOCO the right to upload or share into its designated database or Cloud database their personal data or Health Records for the purposes of services provided by GLOCO.
3.1.10 GLOCO and/or its designated staff, personal, agents, consultants and/or third party service providers may use such information collected from the Users from time to time for the purposes of debugging customer support related issues. You also agree that GLOCO may contact you through telephone, email, sms, or at your contact details for the limited purpose of:
(ii) Offering other software/products/insurance in relation to GLOCO's Subscriber Services; and/or
(iii) Obtaining feedback in relation to any Practitioners or the HCPs listed on the Service.
3.2 RELEVANCE ALGORITHM
GLOCO's relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by GLOCO. GLOCO will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. GLOCO in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
3.3.1 GLOCO collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. GLOCO takes reasonable efforts to ensure that such information is updated at frequent intervals. Although GLOCO screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2 The Services provided by GLOCO or any of its licensors or service providers are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). GLOCO does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. GLOCO does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, GLOCO disclaims all liability arising out of the User's use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by GLOCO or any User in relation to any User or services provided by such User.
3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. GLOCO has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that GLOCO endorses the linked site. User may use the links and these services at User's own risk.
3.3.4 GLOCO assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
3.3.5 If GLOCO determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, GLOCO reserves the right to immediately suspend your access to the Website or any of your accounts with GLOCO and makes such declaration on the website alongside your name as determined by GLOCO for the protection of its business and in the interests of Users. You shall be liable to indemnify GLOCO for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected GLOCO or its Users.
3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
3.4.1 While GLOCO will try to ensure a confirmed appointment for a User who requested an appointment on Website, GLOCO does not guarantee that a patient will get a confirmed appointment. Further, GLOCO has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.4.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold GLOCO responsible for any such interactions and associated issues. For avoidance of doubt, GLOCO is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by GLOCO of any such particular Practitioner. GLOCO shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
3.4.3 Payment and Cancellation Policy
In the event, the doctor with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to (a) cancel the current appointment or (b) consult another doctor with clinic's/hospital's consent. Cancellation of the appointment by the patient should be done one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient within 30 business days from the date of cancellation in accordance with the mode of refund proposed by the patient. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, the entire amount paid will be forfeited in full.
GLOCO shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.
Any grievances and claims related to the appointment/ refund should be reported to GLOCO support team at firstname.lastname@example.org within two (2) days of appointment date with the doctor.
3.4.4 Without prejudice to the generality of the above, GLOCO will not be liable for:
18.104.22.168 any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
22.214.171.124 any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
126.96.36.199 any misconduct or inappropriate behaviour by the Practitioner or the Practitioner's staff;
188.8.131.52 cancellation or rescheduling of booked appointment or any variance in the fees charged;
184.108.40.206 any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.4.5 Further, GLOCO shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at GLOCO's sole discretion and may be modified or withdrawn at its sole discretion. GLOCO may moderate such feedback at any time. GLOCO shall not be obliged to act in any manner to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Practitioner from the Website.
3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between GLOCO and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from GLOCO, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or a another person's behalf), please contact an ambulance service or hospital directly.
3.6 gHealth Features/gHealth Consultation
3.6.1 gHealth Features/gHealth Consultation is a feature on the application that enables Practitioners and patients to connect with each other:
220.127.116.11 The User can choose a particular Practitioner, post a private query for such Practitioner, the Practitioner may indicate the pre-consultation fee payable for the advice solicited and in such cases GLOCO shall provide the User an option to directly remit the amount to the Practitioner through the payment gateway option provided. Upon completion of payment, the Practitioner shall provide his/her response to the query. The amount paid to the Practitioner is non-refundable unless there has been an issue of non-compliance of applicable law/rules/regulations/guidelines or of the terms contained hereunder by the Practitioner, in which case investigation shall be undertaken and the amount will be refunded, subject to the discretion of GLOCO. In any other cases, GLOCO shall not be liable to provide refund or be responsible for the nature of advice provided by the Practitioner.
18.104.22.168 The payment gateway option is being provided to the patients to make collection of payment easier. In case wrong bank account details are provided by Practitioner, GLOCO will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact email@example.com.
3.6.2 Terms for Patients:
22.214.171.124 gHealth Features/gHealth Consultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises 'in-person consultation', it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, GLOCO and Practitioner shall not be held liable. All the conditions prescribed in Section 3.5 of this Terms of Service shall apply to the Users.
126.96.36.199 The User understands and agrees that gHealth Features/gHealth Consultation is merely a consulting model, any interactions and associated issues with the Practitioner on GLOCO gHealth Features/gHealth Consultation including but not limited to the User's health issues and/or the User's experiences is strictly between the User and the Practitioner. The User shall not hold GLOCO responsible for any such interactions and associated issues.
188.8.131.52 As a User, you understand that GLOCO is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner.
184.108.40.206 gHealth Features/gHealth Consultation is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
220.127.116.11 You understand that, your conversations with the Practitioner may be retained in our database, for legal and/or administrative requirements (example: to resolve issues raised by Users either for refund or to conduct investigation in case of issues raised by Users).
18.104.22.168 If you decide to engage with a Practitioner to procure medical services, you shall do so at your own risk. GLOCO shall not be responsible for any breach of service or service deficiency by any Practitioner.
22.214.171.124 If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner's account, please reach out to firstname.lastname@example.org.
126.96.36.199 Cancellations/Refunds: In case of patients, where
the Practitioner has acted in contravention with any guidelines/applicable
laws/rules/regulations, GLOCO shall provide complete refund to the patient,
subject to investigation undertaken by GLOCO. However, where the
cancellation is due to the abusive nature of the patient, such patient
shall not be eligible for any refund and GLOCO/Practitioner shall be
entitled to take any legal action, depending upon the gravity of the
3.7 INDEPENDENT SERVICES
3.7.1 Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by GLOCO.
3.8 GLOCO REACH RIGHTS
3.8.1 GLOCO reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, GLOCO will not be liable for the accuracy of information or the claims made in the Sponsored ads. GLOCO does not encourage the Users to visit the Sponsored ads page or to avail any services from them. GLOCO will not be liable for the services of the providers of the Sponsored ads.
3.8.2 You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and GLOCO accepts no liability for the same.
3.9 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
3.9.1 The contents listed on the Website are (i) User generated content, or (ii) belong to GLOCO. The information that is collected by GLOCO directly or indirectly from the Users and the Practitioners shall belong to GLOCO. Copying of the copyrighted content published by GLOCO on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and GLOCO reserves its rights under applicable law accordingly.
3.9.2 GLOCO authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "GLOCO Content"), are the property of GLOCO and are protected under copyright, trademark and other laws. User shall not modify the GLOCO Content or reproduce, display, publicly perform, distribute, or otherwise use the GLOCO Content in any way for any public or commercial purpose or for personal gain.
3.9.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.10 REVIEWS AND FEEDBACK
3.10.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to Practitioners or other healthcare professionals or other service providers. GLOCO disclaims all responsibility with respect to the content of Critical Content. GLOCO shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
3.10.3 Your publication of reviews and feedback on the Website is governed by Clause 3.5 of these Terms. Without prejudice to the detailed terms stated in Clause 3.5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. GLOCO, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 3.5 of these Terms. You agree that GLOCO may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
(i) Obtaining feedback in relation to Website or GLOCO's services; and/or
(ii) Obtaining feedback in relation to any Practitioners listed on the Website; and/or
(iii) Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by GLOCO.
3.11.1 GLOCO may provide the Users with a free facility known as 'Records' on its mobile application gHealth. Information available in your Records is of two types:
(i) User-created: Information uploaded by you or information generated during your interaction with GLOCO ecosystem, eg: appointment, medicine order placed by you.
(ii) Practice-created: Health Records generated by your interaction with a Practitioner who uses gHealth or other Services of GLOCO software.
3.11.2 Your Records is only created after you have signed up and explicitly accepted these Terms.
3.11.3 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and GLOCO does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.11.4 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, GLOCO is not liable for any interruption that may be caused to your access of the Services.
3.11.5 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by GLOCO, you should refer to your prescription before taking any medicines. GLOCO is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the gHealth app.
3.11.6 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. GLOCO is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with GLOCO.
3.11.7 GLOCO uses industry-level security and encryption to your Health Records. However, GLOCO does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform GLOCO of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
3.11.8 If you access your dependents' Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal data of your dependent. GLOCO assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify GLOCO and its officers against any such claim or liability arising out of unauthorized use of such information.
3.11.9 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
3.11.10 You may lose your "User created" record, if the data is not synced with the server.
3.11.11 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.11.12 GLOCO is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.11.13 The Health Records are shared with the phone numbers that are provided by your Practitioner. GLOCO is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
3.11.14 GLOCO is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.11.15 GLOCO has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.11.16 GLOCO will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.11.17 You agree and acknowledge that GLOCO may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.11.18 You acknowledge that the Practitioners you are visiting may engage GLOCO's software or third party software for the purposes of the functioning of the Practitioner's business and GLOCO's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Malaysia and outside Malaysia, in accordance with the applicable laws.
3.11.19 To the extent that your Records have been shared with GLOCO or stored on any of the GLOCO products used by Practitioner's you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by GLOCO pertaining to such previously visited clinics and hospitals who have tie ups with GLOCO for the purposes of their business and for GLOCO's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Malaysia and outside Malaysia, in accordance with the applicable laws and further agree, upon creation of your account with GLOCO, to the mapping of such Records as may be available in GLOCO's database to your User account.
4. PAYMENT, FEES AND TAXES
4.1 GLOCO may add new Subscriber Services for additional fees and charges or may proactively amend fees and charges for existing Subscriber Services, at any time in its sole discretion. Fees stated prior to the Subscriber Services being provided, as amended at GLOCO's sole discretion from time to time, shall apply.
4.2 If you purchase any subscription based paid Service, you authorize GLOCO to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise GLOCO make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
4.3 You agree that the billing credentials provided by you for any purchases from GLOCO will be accurate and you shall not use billing credentials that are not lawfully owned by you.
4.4 The User agrees to pay all subscription fees, consulting fees and other fees applicable to User's use of Subscriber Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscriber Services. The subscription fee is nonrefundable.
4.5 Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. GLOCO is in no way responsible for any of the User's taxes or legal or statutory compliances, except for its own due diligence.
4.6 GLOCO may make available an offline fee payment facility, supported by a third party vendor. GLOCO is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
4.7 All fees are exclusive of taxes. Government Service Tax and other statutory taxes as applicable are levied on every purchase.
4.8 The payment process would be considered to be complete only on receipt of the fees into GLOCO's designated bank account.
4.9 Fees not received within the specified due dates attract late charges of 8% per annum from the due date of payment, and any such charges may be levied at GLOCO's sole discretion.
4.10 GLOCO reserves the right to modify the fee structure by providing a 30 (thirty) days' prior notice, either by notice on the Subscriber Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to GLOCO to such notice, GLOCO shall apply the modified fee structure effective from the expiry of the said notice period.
4.12 Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with GLOCO intimating such User about expiration of the current subscription period and that the credit card of such User registered with GLOCO will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions below, if a User is not willing to continue or renew the subscription of Subscriber Services, the same shall be communicated to GLOCO by the User within 5 (five) days of receipt of such intimation from GLOCO. In the absence of such intimation to discontinue the subscription, GLOCO shall be entitled to charge the credit card of the User registered with GLOCO on the day the current subscription period expires.
4.13 GLOCO shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into GLOCO's designated bank account.
4.14 In case of nonpayment of any fee beyond the date a payment becomes overdue (overdue date), GLOCO reserves the right to take any or all of the following actions as it deems appropriate (i) reduce all Subscriber Service credits in Users' Subscriber Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. (ii) discontinue the Subscriber Services to the User anytime after 30 (thirty) days from the overdue date. (iii) delete all information in User's account anytime after 90 (ninety) days from the overdue date.
4.15 Fees and charges shall be calculated solely based on records maintained by GLOCO or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of GLOCO shall be final and binding in relation to any fees payable by Users.
4.16 You can cancel your access to the Subscriber Services using any of the cancellation methods listed in the Terms of Service or by contacting our customer support by email at firstname.lastname@example.org. The one time setup fees shall not be refunded to the User.
4.17 GLOCO will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscriber Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscriber Services other than the nonrefundable one time setup fees as due prior to permanent discontinuation the Subscriber Services or upon the expiry of 45 (forty five) days from the date of your written notice to GLOCO. GLOCO shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are nontransferable and the payment made by the User for a particular Subscriber Service cannot be transferred or carried over to another Service.
5.1 GLOCO reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
(i) Such User breaches any terms and conditions of the Agreement;
(ii) A third party reports violation of any of its right as a result of your use of the Services;
(iii) GLOCO is unable to verify or authenticate any information provided to GLOCO by a User;
(iv) GLOCO has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
(v) GLOCO believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for GLOCO or are contrary to the interests of the Website.
5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
6. LIMITATION OF LIABILITY
6.1 In no event, including but not limited to negligence, shall GLOCO, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
(i) provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
(ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
(iii) any unauthorized access to or alteration of your transmissions or data; or
(iv) any other matter relating to the Website or the Service.
6.2 In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Website or the Services exceed, in the aggregate RM100.00 (Ringgit Malaysia One Hundred Only).
7. RETENTION AND REMOVAL
GLOCO may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Personal Data Protection Act 2010. Computer web server logs may be preserved as long as administratively necessary.
8. APPLICABLE LAW AND DISPUTE SETTLEMENT
8.1 You agree that this Agreement and any contractual obligation between GLOCO and User will be governed by the laws of Malaysia.
8.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Malaysia, before a sole arbitrator appointed by GLOCO. The arbitration shall be conducted in the English language and the UNCITRAL Arbitration Rules shall apply. The award shall be final and binding on the parties to the dispute.
9. CONTACT INFORMATION
If a User has any questions concerning GLOCO, the Website, this Agreement, the Services, or anything related to any of the foregoing, GLOCO customer support can be reached at the following email address: email@example.com or via the contact information available from www.ghealth.com.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by GLOCO. Any consent by GLOCO to, or a waiver by GLOCO of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE