Terms & Conditions

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TERMS OF SERVICE FOR DOCSPE

DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 999 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

ARIA Spectre Sdn. Bhd. and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, “Docspe”, “we”, “us” or “our”) operate the website located at www.docspe.my and other related websites and the Docspe mobile application (the “Application”) (“collectively, the “Site”) with links to these Terms of Service. We offer online telehealth services and other online health-related services, which include Doctor Home Visits by healthcare professionals (“Healthcare Professionals”), Medication Delivery, Telemedicine Services, E-commerce and Ambulance Services (collectively “Healthcare Services”). By downloading and using the Site, you agree to be bound by the terms of service set out below (the “Agreement”). If you do not wish to be bound by any of the terms of the Agreement, you may not use the Site or the Services.

Docspe may amend and update this Agreement at any time. Amendments will be effective upon Docspe’s posting of such updated terms at this location or in the amended policies (if any) or supplemental terms (if any) on the applicable Service(s). Your continued access or use of the Application or our Services after such posting confirms your consent to be bound by the terms, as amended.

Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa. 

  1. Healthcare Services

1.1      The Healthcare Professionals who deliver Services through Docspe are independent professionals practicing within a group of independently owned professional practices collectively known as “Docspe Professionals”. Docspe does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by the Docspe Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Docspe nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice or Service you obtain from a Healthcare Professional via the Services.

  1. Site Content

2.1      None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

  1. Privacy

3.1      Docspe is required to comply with national privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy as may be accessed at this link: https:// docspe.my/privacy/. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Docspe. Docspe cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure encrypted servers maintained by Docspe.

  1. User Accounts

4.1      When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Docspe (collectively “Account Information”). To create and Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Docspe reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Docspe be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

  1.  Eligibility

5.1     You must reside in Malaysia and be 18 years of age or older to use the Application and the Services provided through the Application. You understand that there may be no Doctor in your area and we cannot guarantee that a Doctor or other healthcare professionals will be available to provide Services in your area.

5.2     If you are requesting pediatric Services for a minor, you must verify that you are the parent, guardian or other adult responsible for the minor. By using the Application and our Services you represent that you are at least 18 years of age or are the parent, guardian or other adult responsible for a minor.

5.3     You must notify us immediately of any change in your eligibility to use the Services including without limitation any changes to your medical condition or physical fitness.

  1. Our Services.

6.1     Doctor Home Visit

(a)      Under the Doctor Home Visit feature, we provide you with a platform to connect with a medically certified and duly registered doctor (“Doctor”) who will provide house call services at your door and on-demand in under an hour, be it at your home, office or hotel (“Home Visit”). We perform thorough background checks on Doctors to ensure that they are medically certified and duly registered with the Malaysian Medical Council.

(b)      The Doctors that promote themselves on Docspe, are not employees of Docspe. Employees of Docspe do not provide users healthcare services and take no part in your medical diagnosis and/or treatment. Docspe shall not be liable for any professional advice from the doctor providing the house call service to the users in-person or via telephone, nor for any information obtained on our Application. We do not recommend or endorse any specific tests, healthcare or service providers, medications, products or procedures. You acknowledge that your reliance on any doctors that promote themselves on our Application or information provided by such Doctor to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

(c)      Consult with your regular licensed doctor as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or healthcare related procedure or activity. Do not disregard medical advice issued to you by your regular licensed doctor or healthcare provider.

(d)      The Doctor that promotes itself on Docspe is an independent professional solely responsible for the services he or she provides to you, and Docspe is not responsible for any issues you may have with respect to the Doctor’s or healthcare professional’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Doctor or healthcare professionals.

(e)      Upon request for a House Call, the Application will automatically transmit your location which will be used to determine whether the Doctor provides services in your area. Upon providing certain relevant information to the Doctor through the Application, if a Doctor is available, he or she will be dispatched to your location.

(f)      If you are using the Application for Services to a minor, you must be available during the Doctor’s visit with the minor, you are responsible for payment for the Services provided to the minor, and are assuming the obligations of this Agreement as they relate to the minor.

(g)      Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You are responsible for all equipment and/ or devices necessary to access the Application.

 

(h)      Fees/Rates

(i)       Docspe charges a fee for the House Call by charging the fees to your  credit card. The fee to be charged is as indicated in the Application and such fees/rates are subject to change at the discretion of Docspe at any time without prior notice.

(ii)      The request made by you is for one visit per person only.

(iii)     The applicable rate for the House Call would depend on the time of the day at which the request is made and is as set out below:

Request made between 8.00 am-8.59 pm – RM 180

Request made between 9.00 pm – 8.59 am – RM 340

(i)       If you wish for the Doctor to attend to another person while the Doctor is on site attending to your request, you will need to submit a new request accordingly.

(j)      The rates above are inclusive of basic medications for symptomatic relieve of example fever, pain, cough, runny nose, headache, diarrhea, gastric pain and allergy for up to 3 days’ supply only. Any other medications are not included and will be charged separately by the attending Doctor, if prescribed and given.

(k)      In order to obtain our Services you must provide us with certain personal information as well as register for and maintain an active personal membership account (“Account”). We respect your privacy and a complete statement of our current privacy policy can be found here (“Privacy Policy”): https://docspe.my/privacy/. Our Privacy Policy is expressly incorporated into this Agreement by this reference. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Docspe can use such data in accordance with our Privacy Policy.

6.2     Pharmacy – Medication Delivery.

(a)      Docspe and its pharmacy partners (“The Pharmacy”) shall be the only entity legally able to dispense medicines for you when we have received a legally valid prescription signed in writing by a doctor. Prescriptions are issued entirely at the discretion of the prescriber. Docspe reserve the absolute right to decline a prescription for any reason.

(b)      How it works

  1. Navigate to “PHARMACY” on the home screen of the Application and select your desired category.
  2. You may choose ‘Pick-Up’, ‘Delivery’ or ‘Express’.
  3. If you choose ‘Pick-Up’, a drop-down list of Docspe outlets will appear.
  4. If you choose ‘Delivery’, your medication will be delivered within 48 hours.
  5. If you choose ‘Express’, your medication will be delivered within 2 hours (only available in Selangor, Klang Valley, Penang, and Melaka).
  6. Snap a picture of your ‘Rx’ Prescription and fill in the necessary details.
  7. Our Partner pharmacists will process and verify your order and if all details are valid, you can make payment through the Application.
  8. Your medicine will be delivered to your doorstep or pick-up location.

(c)      For all ‘Pick-Up’, ‘Delivery’ and ‘Express’ services, in the event that you are unable to collect your own medicine, please present an authorization letter for the person collecting on your behalf.

(d)      Neither ARIA Spectre Sdn. Bhd. and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, “Docspe”, “Pharmacists Partners” “we”, “us” or “our”) are responsible for any failure to deliver medicines within a certain date or time if you have entered an invalid address. You or your authorized carer are responsible for signing medicine package upon delivery. Please present a valid ID for confirmation for prescribed medications.

(e)      Kindly present your original prescription to the delivery personnel.

(f)      We only accept prescription medicine orders from customers who are at least 18 years old.

(g)      This service is only available in Malaysia.

(h)      You are responsible for providing valid credit or debit card details which may be charged for payment. We reserve the right to not deliver medicines to you if your payment details have expired or are invalid in any way. In such cases we will attempt to contact you to enable you to provide updated information to allow us to dispense the medicines.

(i)       You are responsible for informing Docspe if you are taking any other medications, supplements, and traditional medicine.

(j)      You are responsible for informing Docspe of any allergies. Docspe is not responsible for any allergic reactions resulting from allergies that were not clearly stated.

(k)      Warning – You must check all items dispensed to you and should not take any medication that appears to have been tampered with or which may have been dispensed in error. Failure to abide by this warning could seriously damage your health. If your prescription medicines appear to be damaged (with evidence and photos taken) then please contact +6011-261-17985. We will make every effort to replace any damaged products.

(l)       It is important that the information you provide is accurate and that you disclose all relevant facts as this could affect the advice you are given. If you are providing information about a person other than yourself, you must ensure that they understand how their information will be used and that you have their authority to provide it to us and to give the relevant consents on their behalf. By providing their information to us you are confirming this to be the case. Warning: You must check any advice given by our pharmacists with your own Doctor before taking or refraining from any course of action or treatment. Failure to do so could seriously damage your health.

(m)     Cancellation/Confirmation of Orders – We will send an electronic  acknowledgement to you upon successful payment of the electronic order. We will not entertain any cancellations once payment is confirmed and submitted by you. If items ordered are unavailable, a message will be sent to you for further action.

(n)      Exchange & Refunds – All of our goods sold are non-exchangeable and non-refundable.

(o)      Delivery will be as described and in accordance to the rates at https://docspe.my/pages/shipping.

(p)      We respect your privacy and a complete statement of our current privacy policy can be found here https://docspe.my/privacy/.

(q)      You use this service entirely at your own risk and acknowledge that Docspe is not responsible for all damage, losses, costs or expenses which you may suffer because the service is unavailable or does not operate as expected or causes loss or damage to any data.

(r)      Docspe reserve the absolute right to vary these terms & conditions at any time at their sole discretion. Any amendments or variations to these terms and conditions will be posted on this site. You are responsible for checking this page for changes and updates to the Terms of Service. Your use of Docspe app following any posted change(s) to the Terms of Service will be deemed an acceptance of such change(s).

6.3     Telemedicine Services

(a)      Telemedicine is the delivery of health care services using interactive audio and video technology, where the patient and the healthcare professional (“Treating Provider”) are not in the same physical location. At Docspe, we offer such online telemedicine services (“telemedicine Services”) enabling users to report their health history and engage Treating Providers to obtain medical and healthcare services. All of the Treating Providers who deliver telemedicine Services through Docspe are independent professionals solely responsible for the services each provides to you. Docspe does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Docspe nor any third parties who promote the telemedicine Services shall be liable for any professional advice you obtain from a Treating Provider via the telemedicine Services. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE TELEMEDICINE SERVICES IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.

(b)      During your telemedicine consultation with a Treating Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Treating Provider may perform a physical examination through these technologies.

(c)      The telemedicine Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Treating Providers. However, your initial visit with a Treating Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to     receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through Docspe or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our telemedicine Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:

(i)       In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider.

(ii)      Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.

(iii)     In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors.

(iv)     Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security   protocols could fail, causing a breach of privacy of personal health information.

(d)      By accepting these Terms of Service, you acknowledge that you understand and agree with the following:

(A)     You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured.

(B)     You understand and have read Docspe’s Privacy Policy, which can be found here: https://docspe.my/privacy/

(C)     Your Treating Provider may determine that the telemedicine Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telemedicine services to you through the Site.

(e)      You can send messages to your Treating Provider by contacting Docspe Customer Support at 011-26117985. Emails or electronic messages to Customer Support or your Treating Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 999 or go to the nearest emergency room.

6.4     Healthcare E-Commerce

6.4.1   Docspe’s Healthcare E-Commerce feature (“E-Commerce”) is an e-commerce platform that brings you a one-stop shop for searching and purchasing a wide range of healthcare products or services.

6.4.2   For purposes of this Section, the following words and expressions shall have the following meanings:

“Customer Account” means the Customer Account for the Service maintained by Docspe on behalf of the Customer in which the personal details of the Customer and the Service will be recorded and made available therein; 

“Partner” means the provider or supplier of the goods and/or services for sale or offer for sale on the Site.

“Product” means any good or service for sale or offered for sale on the Site, which includes also Vouchers for the exchange for goods and/or services from the Partner;

“Service” means facilitating the transaction(s) between the customer and the Partner including without limitation the ordering and purchasing of goods and/or services for sale or offered for sale on the Site;

“Site” means the https://www.docspe.my website, which includes mobile applications, Internet service and/or software under control or ownership of ARIA Spectre Sdn. Bhd. (Company No. 1288053-W), and all of its divisions, subsidiaries, affiliate, and/or any other entities in ARIA Spectre Sdn Bhd.

“Voucher” means a downloadable and/or printable code and/or permit that entitles the holder to a redemption of or exchange for goods and/or services from the Partner.

6.4.3   Orders and Payment

(a)      Customers shall be entitled to make payment for the goods and services pursuant to the various payment methods set out on the Site.

(b)      Docspe will only assist you to order the relevant goods or services you  may require from the selected partners. When you make an order through Site:

(i)       You authorise us to act as your representative to engage the Partner, including making payment thereto in your name and on your behalf, as required;

(ii)      After you confirm your order, you shall receive a receipt with an  order code at which point a legally binding contract in relation to the Product(s) that you have ordered shall come into existence between you and the selected Partner, as the case may be. Docspe is not a party to that contract, unless explicitly provided otherwise herein, and Docspe also in no way influences the conclusion or the content of the contract; and

(iii)     You acknowledge that the delivery of any Product pursuant to your order shall be subject to your payment having been received in cleared funds.

(c)      Docspe shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or sales and services tax (SST) imposed by any government entity in respect of the Services.

(d)      Additional charges may be incurred if non-Malaysian issued card is used due to Foreign Exchange.

(e)      By making payment via online banking, the customer shall transfer the payment for the purchase(s) to an account nominated by Docspe for the total amount of the purchase(s) (including any applicable taxes). The transaction must be payable in Ringgit Malaysia. Docspe shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or sales and services tax (SST) imposed by any government entity in respect of the Services.

6.4.4   Voucher Use

(a)      Voucher(s) purchased shall be redeemable only for the goods and/or services specified on the Voucher and shall only be available for redemption during the period specified on the Voucher.

(b)      A Voucher cannot be exchanged or redeemed for cash.

(c)      A Voucher cannot be combined with any other Voucher, discount or promotional offer unless otherwise specified.

(d)      Docspe is not responsible for lost or stolen vouchers or fraudulent use of a Voucher or the unique serial number of a Voucher.

(e)      A Voucher may contain terms and conditions (“Voucher Terms”) that supplement, and are to be read as in addition to, these Terms and Conditions. In the event of any inconsistency between the Voucher Terms and these Terms and Conditions, the Voucher Terms shall prevail.

6.4.5  Voucher Availability and Scheduling

(a)      All goods and/or services redeemable by Vouchers purchased are subject to availability. Docspe and the Partners do not guarantee that the goods and/or services redeemable by Vouchers purchased will be available at your preferred date and time.

(b)      A representation on the Site that goods and/or services will be available over a range of dates does not preclude you from being required to make an appointment or booking to redeem the goods and/or services. Appointments or bookings may not be available on short notice.

(c)      Where the goods and/or services redeemable by the Voucher relate to a course or series of sessions or treatments, you agree that these may need to be scheduled at intervals to be determined in consultation with the Company or the selected Partner.

(d)      Docspe and the selected Partner reserve the right to cancel and reschedule your appointment or booking. Except as required by law, the Company and selected Partner will not be held liable for such events and are not liable to reimburse you for any travelling, accommodation or other loss or expenses suffered or incurred by you or any other person due to any cancelled or rescheduled appointment or booking.

6.4.6   Risk and Property

(a)      Docspe shall not hold risk and/or property in the Products at any time. Docspe shall not be liable for any costs incurred or suffered due to loss or destruction of, or damage to, the Products delivered to you.

(b)      Risk of damage to or loss of the Product(s) purchased shall pass to the customer at the time of delivery, or if the customer wrongfully fails to take delivery of the Product(s) purchased, the time when delivery of the Product(s) is tendered by the Partner.

(c)      Notwithstanding delivery and the passing of risk in the goods purchased or any other provision of these Terms and Conditions the property in the goods purchased shall not pass to the customer until and unless the Company has received in cleared funds payment in full of the price of the goods purchased and all other goods agreed to be sold by Docspe to the customer for which payment is then due.

6.4.7   Feedback

(a)      You hereby grant Docspe an exclusive, royalty-free, perpetual,  transferable and irrevocable licence to:

(i)       use, reproduce, modify, adapt, translate, distribute, publish, create  derivative works from and publicly display any comments, bug  reports, or feedback provided by you to the Site (collectively,  “Customer Feedback”) throughout the world in any media for any purpose, now known or hereafter devised; and

(ii)      use the name that you submit in connection with your Customer  Feedback. You represent that your Customer Feedback are non-confidential, non-proprietary, and do not breach any third party’s rights.

(b)      You further agree that Customer Feedback of the other customers and  Site users are not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute medical or healthcare advice or recommendation of any kind.

(c)      Docspe reserves the right for any reason in its sole discretion to remove without notice any Customer Feedback from the Site.

6.4.8   Cancellations, Exchanges and Refunds

(a)      Docspe may, at its sole and absolute discretion, allow cancellations, exchanges or refunds on Product(s) purchased which are goods, on a case-by-case basis, on the following conditions:

(i)       The request for cancellation is made to Docspe within twenty-four (24) hours from the time of order of the Product(s); or

(ii)      the request for exchange or refund is made to Docspe within seven (7) days from the date of delivery of the Product(s); and

(iii)     The Product(s) in question is of unsatisfactory quality, defective, unfit for their intended purposes, or do not match their description on the Site.

(b)      Cancellations, exchanges, or refunds on Product(s) which are goods may be subject to a processing fee as shall be determined by Docspe in its sole and absolute discretion, on a case-by-case basis.

6.4.9   Modification to the Services / Suspension or Termination of Customer Account

(a)      Docspe reserves the sole and absolute right to:

(i)       add, amend and/or vary the Services without assigning any reasons whatsoever and without any prior notice; and/or

(ii)      suspend the operation of the Customer Account and/or terminate the Customer Account without assigning any reasons whatsoever and without any prior notice.

6.4.10 Disclaimers of Warranties

(a)      You irrevocably and unconditionally agree to use the Site and the Services at your own risk. Docspe expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Site and the Service, and assumes no liability or responsibility to you.

(b)      You further irrevocably and unconditionally agree that your access to, and use of the Site and the Services are on an “as-is”, “as available” basis and Docspe specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement.

(c)      The information provided on healthcare goods, services, and packages on the Site is solely for general information, and does not constitute medical or healthcare advice. The information does not have regard to any specific need of any person. If you are unsure whether the or which healthcare goods, services, or packages would be suitable to meet your needs, please seek advice first from your doctor or the relevant healthcare centre. Otherwise, you may end up signing up for packages which may not meet your expectations or needs. Docspe is not liable to any person in respect of the information or its use, including any inaccuracy, misrepresentation, error or omission in, or any decision made in reliance on the information.

6.5     Online Result Viewing

6.5.1   You may also view your laboratory test results and radiology images (“Medical Reports”) on the Application (“Result Viewing Services”).

6.5.2   By obtaining or accessing your Medical Reports vide your account on the Application or our website, you hereby unconditionally agree to be fully bound by the Terms and Conditions stated herein. The information, content and services contained in your account and the Application and website are subject to change at any time at the sole discretion of Docspe and without any prior notice.

6.5.3   You agree that Docspe is a TECHNOLOGY PLATFORM that connects users to independent third party providers in the Docspe network, and as such Docspe takes no part in the carrying on of the relevant laboratory and radiology tests or the production of the Medical Reports. Docspe is merely providing a platform to you to view your Medical Reports through the Result Viewing Services. Docspe expressly disclaims all warranties and responsibilities of any kind, whether express or implied, for the accuracy or reliability of the content of any information contained under the Result Viewing Services and shall NOT be liable for any inaccuracy or incorrectness of the Medical Reports displayed on its platform. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE RESULT VIEWING SERVICES IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.

6.5.4   You shall not abuse or misuse the Result Viewing, including but not limited to:

(a)      engage in any illegal or fraudulent activities;

(b)      supply or attempt to supply any false or misleading information, or make any misrepresentation to Docspe or the Partners;

(c)      in any manner that may damage, disable, overburden, corrupt or impair your account, the Result Viewing, our website, the hardware or application and software system, security protocols, information or other operations or interfere with any party’s use and enjoyment of his or her account, the Result Viewing and our website; and

(d)      attempt to gain or gain unauthorized access to any account(s) other than your own account through hacking, password mining or any other means.

6.5.5   You shall be responsible for regularly checking your account and keeping your    personal details up to date. You shall notify us and/ or the Partners of any changes, omissions or incorrect details as soon as you become aware of any of them. Docspe shall not be responsible for any failure by you to notify us and/   or the relevant Partners of any such changes, omissions or incorrect details or for any incorrect information notified to us and/ or the relevant Partners.

6.5.6   You agree that:

(a)      you are solely responsible for your computer, system or other device from which you access your account, our website and the Result Viewing Services, including but not limited to the maintenance, operation and permitted use of such computer, system or other device and that it is  your obligation to comply with any criteria imposed by Docspe from time to time in respect of your computer, system or other devices from which you access your account, our website and the Result Viewing Services (including any software used);

(b)      you shall not access your account, our website and the Result Viewing Services using any computer, system or other device which you do not own unless you have received the owner’s permission;

(c)      you shall ensure that any computer, system or other device from which you access and use your account, our website and the Result Viewing Services shall be properly maintained and shall be free from any defects, viruses or errors;

(d)      you shall ensure that your PC or laptop is loaded with the latest anti-virus and anti-spyware software and that the software is at all times installed and updated with the latest pattern;

(e)      you shall ensure that you have downloaded the Application from trusted channels; and

(f)      any material downloaded or otherwise obtained through the use of your account, our website and the Result Viewing Services is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

6.5.7   Docspe reserves the sole and absolute right to:

(a)      add, amend and/ or vary our website and Services at any time without assigning any reasons whatever and without any prior notice; and/or

(b)      suspend the operation of your account and/or terminate your account without assigning any reasons whatsoever and without any prior notice.

6.5.8   You hereby irrevocably and unconditionally agree to give consent to Docspe:

(a)      to collect, store, hold, transfer (within or outside Malaysia), administer and process your personal data including but not limited to your name, NRIC No./ Passport No., contact details, medical history, information and medical report(s) for our internal use and records;

(b)      to disclose and release your personal data to the relevant government authorities and agencies, where it is required under the law which we may deem necessary; and

(c)      to perform the Result Viewing Services

  1. Internet Delays

7.1     You acknowledge that the Service and/or the Application may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you or the Treating Providers / First Ambulance being faulty, not connected, out of range, switched off or not functioning. Docspe is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

  1. IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS.

8.1     IF YOU CHOOSE TO BE CONNECTED WITH THE DOCTOR AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO THE DOCTOR. IF THE DOCTOR IS AVAILABLE, THE DOCTOR WILL MAKE A HOUSE CALL TO YOU AT A LOCATION OF YOUR CHOICE AS INDICATED TO THE DOCTOR.

8.2     WITH RESPECT TO THE PROVISION OF HOUSE CALLS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING A DOCTOR THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR APPLICATIONS. A REPORT OF YOUR SYMPTOMS WILL BE CONVEYED TO THE DOCTOR.

8.3     BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT DOCSPE IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.

8.4     PLEASE NOTE THAT DOCSPE’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE    USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH THE DOCTOR AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, DOCSPE EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTHCARE PROFESSIONALS SENT TO   YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.

  1. Geo-Location Functionality.

9.1     The Services include and make use of certain functionality and services provided by third parties that allow Docspe to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

  1. Credit Card Billing and Purchases.

10.1     Docspe billing will be through one of the two payment gateways, namely Stripe.

  1. Refund Policy

11.1     There shall be no refund once services have been rendered. A refund will be given where cancellation is made before a request has been accepted by the Doctor.  After the Doctor has accepted a request, the user will be fully charged irrespective of whether the user cancels the visit or not. The Doctor will be notified if a visit has been cancelled by a user through the application. A refund will also be given if the Doctor cancels a visit. The user will not be charged and the Doctor will not receive a payment for that visit. The user will also be given the option to request for another Doctor and the new transaction will be subject to the same refund policy.

  1. Account Security.

12.1    You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. Docspe will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device or using unencrypted email to discuss private matters with any Doctor, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

12.2    Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by Docspe, the Doctor, and the Treating Providers, in accordance with applicable law.

  1. License and Limitations on Use.

13.1    Docspe grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of Docspe or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Docspe. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape, or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

13.2    By using the Application or the Services, you agree that your use:

(a)      Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

(b)      Will not cause nuisance, annoyance, disruption, or inconvenience to the Treating Providers;

(c)      Will not impair the proper operation of the network;

(d)      Will only be through access points or wireless data account (AP) which you are authorized to use; and

(e)      May involve standard messaging charges by your wireless provider.

  1. MEMBER CONDUCT

14.1    We reserve the right to terminate your Member status if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:

 

14.2    You may not:

(a)      Upload, post, or transmit to the Doctor or Treating Providers by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b)      Impersonate any person or entity, including another Member, Treating Providers, or an employee of Docspe, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c)      Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

(d)      Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”

(e)      Attempt to interfere with or disrupt our servers or networks;

(f)      Deal directly with our healthcare professionals through whatever means outside the Docspe platform including without limitation SMS, Whatsapp texting, social media messaging and e-mail;

(g)      Stalk or otherwise harass another user or Member of our Services or any of our employees, or the independent Doctor or Treating Providers;

(h)      Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or Members, including user names or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

(i)       Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.

  1. DISCLAIMERS OF WARRANTIES.

YOU USE THE APPLICATION, THE SERVICES, INCLUDING THE DOCTOR’S AND HEALTHCARE PROFESSIONALS’ SERVICES, AND OUR WEBSITE AT YOUR OWN RISK. DOCSPE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY DOCSPE OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION SERVICES, OUR WEBSITE, THE DOCTOR AND HEALTHCARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND DOCSPE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOCSPE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY THE INDEPENDENT DOCTOR AND HEALTHCARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN DOCSPE’ LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. You acknowledge and agree that Docspe does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Treating Providers in the Docspe network. You acknowledge and agree that the Treating Providers using the Application are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all medical services, advice, instructions, treatment decisions and other professional health care services performed, and that all diagnoses, treatments, procedures and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.

  1. LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT DOCSPE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOCSPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE APPLICATION, SERVICES OF THE WEBSITE OR ANY DOCTOR OR HEALTHCARE PROFESSIONAL; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL DOCSPE’S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO DOCSPE TO USE THE SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, DOCSPE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

  1. DISCLAIMERS REGARDING DOCTOR AND HEALTHCARE PROFESSIONALS.

DOCSPE DOES NOT EXPRESSLY ENDORSE ANY DOCTOR OR HEALTHCARE PROFESSIONAL ON THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY THE DOCTOR OR HEALTHCARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE DOCTOR OR HEALTHCARE PROFESSIONAL AND NOT DOCSPE. RELIANCE ON ANY INFORMATION PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. DOCSPE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID DOCTOR OR HEALTHCARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. DOCTOR AND HEALTHCARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH DOCTORS ARE BETWEEN YOU AND THE LICENSED DOCTOR. BY USING THE SERVICE, YOU AGREE NOT TO HOLD DOCSPE LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE DOCTOR MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL DOCSPE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A DOCTOR OR HEALTHCARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY DOCTORS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH DOCTOR AND HEALTHCARE PROFESSIONALS PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.

  1. Indemnification.

You agree to defend, indemnify, and to hold harmless Docspe, together with their respective affiliates, directors, officers, agents and employees, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Application, Services or our website or your inability to use the Application, Services or our website; or (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold Docspe (and its officers and directors) harmless applies whether a claim against Docspe is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website. 

  1. Business Uses of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Docspe, together with their respective directors, officers, affiliates, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees. 

  1. Governing Law.

This Agreement contains the final and entire agreement between us regarding your use of the Application Services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Malaysia applicable to contracts made entirely within Malaysia and wholly performed in Malaysia, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Malaysia.

 

  1. Assignments.

Docspe may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Docspe’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

  1. Promotions and Offers.

We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Application reserves the right to send particular promotions to particular Users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy; provided, however, that we will not use your personal information for our promotions or for our marketing of products without your prior written consent. Notwithstanding the foregoing, you agree that Docspe may communicate your personal information to the Doctor featured on the Application in connection with any healthcare services provided by the Doctor and Treating Providers.

Docspe is not responsible for any unauthorized promotions and offers offered by third parties through the Application.

  1. Force Majeure

23.1    Docspe shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of the Force Majeure Event.

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