TERMS OF USE (FOR MEDICALMET CUSTOMER)
These terms and conditions govern your use of the mobile software application “MedicalMet” and web application https://medicalmet.com (collectively known as “MedicalMet”). MedicalMet is developed, owned and operated by Medicalmet Sdn. Bhd. [Company No. 202201019793(1465490X)] (“the Company”), a subsidiary of Advisory Apps Sdn. Bhd. (Company No. 1176817H).
This Terms of Use is only applicable to the customer who subscribe and register their account with MedicalMet.
Accounts and passwords
You must be a registered user to access MedicalMet. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.
You must use all reasonable endeavours to prevent any unauthorized access to, or use of MedicalMet. You must notify the Company immediately once you are aware of any unauthorized access or use of MedicalMet.
Acceptable use/conduct
You are solely responsible for your conduct, information and data registered, uploaded or provided to MedicalMet. You warrant that you have all rights, licenses, authorizations and consents required to use MedicalMet. You agree to indemnify, defend, and hold harmless to the Company, its directors, officers, agents from any and all losses, costs, liabilities, and expenses arising from or related to your data or use by you or your employee(s), contractor(s) or agent(s) or any violation of these Terms of Use.
MedicalMet, including any software that forms part of it, is made available to you, your company, and/or your employee(s) only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including but not limited to privacy laws, and must not infringe or violate third party rights.
The number of users who have access to MedicalMet is subject to the plan that you subscribed with the Company.
Any unauthorized use of MedicalMet is a violation of these Terms of Use and may attract criminal or civil liabilities on your part.
The Company will endeavour to make the MedicalMet available twenty-four hours a day, seven days a week.
You acknowledge and agree that –
.1 Medicalmet may occasionally be unavailable during the scheduled or unscheduled maintenance and/or upgrade;
.2 Medicalmet may be temporary unavailable due to the expected or unexpected system down, error or bugs.
where the Company may perform recovery including but not limited to repair work in due course.
Fees
The usage of MedicalMet is on monthly subscription basis. The subscription fees must be paid in advance before you are able to access to MedicalMet.
A valid credit card is required for payments. A credit card is not required to start a free trial. It is only required if you wish to continue with a paid subscription account.
Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within MedicalMet. Your credit card details are stored at a trusted and secure payment gateway used by MedicalMet for payment processing.
There will be no pro-rate credit or refund for any upgrading or downgrading of the plan. You are required to inform the Company on any changes on the subscription plan and the change of plan will only take effect on the next working day upon confirmation by the Company. The Company shall not be made liable on any delay in upgrading or downgrading your subscription plan.
Any upgrading, downgrading, suspension or termination of your account may cause among others, loss of access, data, content and features of MedicalMet and you acknowledge, warrant, consent that the Company shall not hold any liability or responsibility.
If you have any queries about the payment and charges, kindly contact us immediately for clarification.
Cancellation and termination
You are solely responsible for the cancellation of your account. You can cancel your account at any time through the settings/subscription area in MedicalMet. The cancellation of account will take place immediately upon the cancellation confirmation by MedicalMet and there will be no refund or pro-rate for the unexpired period.
Any other forms of cancellation of account shall not be considered as valid and proper cancellation. The Company shall not be held responsible or liable for the cancellation of account by the user, be it intended or unintended.
The content and data associated with your account will be deleted in ninety days after the cancellation or termination of your account and it is not recoverable. Kindly export the data before the cancellation and/or termination of your account. The Company shall not be held liable or responsible for any data losses post-cancellation/termination.
In the event of late payment/non-payment of the monthly subscription fees, you hereby acknowledge, warrant, consent that the Company shall at its discretion, carry out among others, the following action against you –
- Suspend you from accessing to MedicalMet;
- Refuse to allow you to access to the data uploaded to MedicalMet; and
- Impose penalty charges on you for the resumption/restoration of the account.
For the avoidance of doubt, the Company shall not be liable or responsible in all circumstances.
In the event you have failed and/or delayed in paying the subscription fees for a total sum equivalent to three months’ subscription fees, you hereby acknowledge, warrant, consent that the Company shall at its discretion, carry out among others, the following action against you –
- Terminate your account registered with MedicalMet;
- Refuse to allow you to access to the data uploaded to MedicalMet ; and
- Impose penalty charges on you for the resumption/restoration of the account.
For the avoidance of doubt, the Company shall not be liable or responsible in all circumstances.
The Company has the sole discretion and all the rights to cancel or terminate your account and refuse any and all current or future use of MedicalMet by you, for any reason, at any such time. The Company reserves its right to refuse the use of MedicalMet to any person or entity for any reason at any time.
No warranties or representations
The Company and all its directors, officers, agents, associated companies expressly disclaim among others, all warranties, representations, promise, statement of any kind, express or implied, given to you prior to the subscription of MedicalMet. You shall be solely liable and responsible for –
.1 All data uploaded, collected, stored and used in MedicalMet.
.2 The use of MedicalMet.
The Company shall not responsible for any delays, delivery failures, or any other loss or damage arising from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the use of MedicalMet may subject to limitations, delays and other problems inherent in the use of such communications facilities.
Intellectual property
You acknowledge that the Company owns all rights, title and interest in relation to or connected to MedicalMet including but not limited to intellectual property rights, and such rights are protected by the Malaysia and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from MedicalMet.
Usage of Data
You agree and consent to the Company transferring your data to third party provider including but not limited to IT providers, website host, back-up service provider or any other parties that is relevant or necessary to maintain the accessibility and usage of MedicalMet.
General
You may not assign your rights in respect of MedicalMet to any other person.
The Company shall not be held liable or responsible for any malfunction, system down, bugs, system error or whatsoever problems associated to MedicalMet.
If any provision in this Terms of Use is invalid or unenforceable, it is to be limited to the extent of the invalidity or unenforceability of that provision and it will not affect the validity or enforceability of the remaining provisions.
You hereby acknowledge, warrant, consent and agree that the Company may modify the Terms of Use at any time, for any reason, and without notice. You further acknowledge, warrant, consent and agree you shall be solely responsible to check for the update of MedicalMet or the Terms of Use and the Company is under no liability or responsibility to inform you on the changes or modification of the Terms of Use. You further acknowledge, warrant, consent and agree that the changes or modification of the Terms of Use shall be binding between parties.
This Agreement is governed by the laws of the Malaysia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the laws of Malaysia.
