TeleMe
Teleme

Terms of Use Agreement - Users

Latest Revision: 23 October 2024

  1. USE OF THE SERVICE
    1. Important – please read these terms carefully. By using this Site or Service (defined below), you agree that you have read, understood, accepted and agreed with these Terms of Use. In order to use the Site or Service (as defined below) you must agree to the Terms of Use that are set out below. You further agree to the representations made by yourself below. If you do not agree to the Terms of Use, please do not continue using this Service or Site.
    2. The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legally binding agreement between you and Teleme Technologies Sdn Bhd (Company No. 1163799-D) (“we”, “us” or the “Company”).
    3. The Company operates the website https://www.teleme.co, and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site” or “TeleMe”). The Company enables users to report their health history/condition and engage third party medical practitioners and healthcare professionals (collectively referred to as “Healthcare Professionals”) to obtain medical and healthcare services and facilitates the purchase or delivery of medicines and pharmaceutical products to users (collectively, the “Service”) based on the user’s consultation with the Healthcare Professionals and subject to the user’s consent to prescription and/or provision of the medicine. For the avoidance of doubt, the Company does not practise medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession, and the use of the Services or Site does not create a doctor-patient relationship.
    4. None of the content on the Site (other than information you receive from the 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.
    5. By using the online platform provided to you on the Site, and downloading, installing or using any associated software or application supplied by the Company (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.teleme.co.
    6. The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Site/Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Site/Service shall be effective upon the posting of an updated version at http://www.teleme.co. You agree that it shall be your responsibility to review the Terms of Use regularly. The continued use of the Site or Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

    The Site and Service should not be used for medical emergencies. If you are facing a medical emergency, you should contact “999” or your local emergency medical services provider immediately.

  2. INFORM CONSENT
    1. Teleme is a digital healthcare platform which enables the provision of healthcare services using interactive communication and video technology, where the patient and the Healthcare Professional are at different physical locations. As part of this, your health history and personal health information may be discussed through the use of interactive video, audio and other communications technology and your Healthcare Professional may also perform a physical examination using these technologies.
    2. The services you receive from the Healthcare Professionals are not intended to replace a primary care physician relationship. You should seek further help or follow-up care when recommended by a Healthcare Professional or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
    3. There are potential risks associated with the use of TeleMe. These risks include, but may not be limited to:
      1. Information transmitted may not be sufficient (e.g. low quality of images) to allow for appropriate decision making by the Healthcare Professional;
      2. Delays in evaluation or treatment could occur due to failures of the electronic equipment or communication networks. If this happens, you agree that you may be contacted by phone or other means of communication;
      3. A lack of full access to all your health records may result in adverse drug interactions or allergic reactions or other judgment errors in rare cases;
      4. Security protocols could fail, causing a breach of privacy of personal health information;
    4. By using the Service, you understand and agree that:
      1. TeleMe may not be able to serve all your medical needs;
      2. It may be necessary for you to go in for a face to face consultation;
      3. Delays in the purchase or delivery of medication may occur due to external factors beyond TeleMe’s control.
      4. You hereby give consent to engage in telemedicine with healthcare professionals or caregivers in Teleme. You understand that “Telemedicine” includes the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communications in accordance with the Telemedicine Laws of Malaysia. You understand and acknowledge that you have the following rights with respect to telemedicine and the limitations of telemedicine as follows:
        1. You have the right to withhold or withdraw consent at any time without affecting your right to future care or treatment nor risking the loss or withdrawal of any program benefits to which you would otherwise be entitled.
        2. The laws that protect the confidentiality of your medical information also apply to telemedicine. As such, you understand that the information disclosed by you during the telemedicine session is generally confidential. You also understand that the dissemination of any personally identifiable images or information from the telemedicine interaction shall not occur without your written consent.
        3. You understand and acknowledge that there are risks and consequences from telemedicine, including, but not limited to, the possibility, despite reasonable efforts on the part of your doctor, that the transmission of your medical information could be disrupted or distorted by technical failures; the transmission of your medical information could be interrupted by unauthorized persons; and/or the electronic storage of you medical information could be accessed by unauthorized persons.
        4. You understand and acknowledge that telemedicine based services and care may not be as complete as face-to-face consultation. You also understand that if your doctor believes you would be better served a face-to-face consultation, you would be advised as such.
        5. You understand and acknowledge that telemedicine is not appropriate for medical emergencies and that these are best sought by seeking care at an Emergency unit.
  3. REPRESENTATIONS AND WARRANTIES
    1. By using the Service and/or registering an account, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. If you are below eighteen (18) years old, your parent or legal guardian must consent to the use of the Site and/or Service. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use (or to do so on behalf of a minor child of whom you are a parent or legal guardian). You further confirm that all the information which you provide shall be true, accurate and complete. Your use of the Service is for your own sole, personal use (or that of your minor child for whom you are a parent/legal guardian). You undertake not to authorize others to use your identity or account, and you may not assign or otherwise transfer your account to any other person or entity.
  4. ACCESS RIGHTS AND REGISTRATION OF ACCOUNT
    1. Subject to you complying with these Terms of Use and the registration requirements, we grant to you a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason.
    2. You agree that you will not, and will not attempt to:
      1. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
      2. use the Site or Services to violate any applicable law, regulations or guidelines;
      3. reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services;
      4. distribute viruses or other harmful computer code through the Site or
      5. otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Healthcare Professionals through the Site and to refrain from contacting Healthcare Professionals for telehealth services outside of the Site. TeleMe is not responsible for any interactions with Healthcare Professionals that are not conducted through the Site.
    3. In order to access certain Services through this Site you need to register an account. You agree to provide accurate and complete information when you register and to keep that information updated and accurate. When registering an account, you shall not use as an account name the name of another person with the intent to impersonate that person. We reserve the right to refuse registration of an account or cancel it at our discretion. You acknowledge that if you sign up an account via a QR code or such other mechanism provided by a Enterprise User, a Preferred Enterprise User, a Preferred Healtchare Provider or a Preferred Pharmacy Provider, the content of the Site may be different than those seen by other users.
    4. Please be reminded that you are responsible for keeping your password confidential and secure and preventing unauthorized access to your account. You are solely responsible for all activities occurring through your account and you agree to inform us of any actual or threatened breach of your account. We are not responsible for any loss or damage arising from any breach of these obligations.
    5. If you are a Preferred Enterprise User, you will be entitled to the benefits set out in the Subscription Agreement signed between Teleme and you.
  5. PAYMENT AND REFUNDS
    1. You agree to pay all fees and charges (including all applicable taxes) in accordance with the applicable fees, charges and payment terms (including without limitation, consultation fees and medication/prescription charges). If you are an Enterprise User or a Preferred Enterprise User you agree to pay the fees set out, and in the manner stipulated, in the Subscription Agreement signed between the Company and you.
    2. You may choose to pay for the Service by any of the payment methods available at the Site, including without limitation through the specified payment gateways.
    3. By providing the requisite payment or payment information, you agree that we may invoice all fees and charges due and the payment will be processed automatically at the end of the session or upon the provision of the Services.
    4. We reserve the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involve any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.
    5. You shall be responsible for any finance or other charges imposed by your payment provider (such as credit card provider or financial institution) and to resolve any disputes with your payment provider (such as your credit card company) on your own.
    6. We reserve the right to make changes to the fees and charges from time to time without advance notice.
    7. No refunds are available for any Services (or part of Services) which have been provided or when the request has been confirmed or accepted by the Healthcare Professional. Refunds are only available when the request is cancelled by you before it is confirmed or accepted by the Healthcare Professional, or it is cancelled by the Healthcare Professional. Instead of a refund, you may use your credit for other Services (such as a session or other Services with/from another Healthcare Professional), subject to the prevailing terms and conditions. Please refer to paragraph 6.6 below regarding refunds for any prescriptions, medications and products.
  6. PRESCRIPTIONS
    1. The Healthcare Professional may prescribe certain medication or tests or you may request certain medication, upon consultation.
    2. Any prescription is issued at the discretion of the Healthcare Professional and is subject to prevailing standards, guidelines and laws. Teleme is not involved in the issuance or dispensation of the prescription.
    3. You may select from the options available at the Site, the particular pharmacy/provider convenient for you for the dispensation or delivery of your medication/products/tests, and an electronic copy of the prescription will be provided to your selected pharmacy.
    4. All medication/products/tests are charged at the prevailing pricing of the pharmacy/provider dispensing or providing the medication/tests. If you do not accept the prescription/tests or the pricing charged, do not proceed to confirm the order or make payment.
    5. Once the order is confirmed or payment is made, you are considered to have agreed to purchase the medication/product/test at the price charged/indicated.
    6. No refunds or exchanges are available for any prescriptions, medications, tests or products once the order is confirmed or payment is made.
    7. The pharmacy/vendor reserves the right to decline to dispense a prescription for any reason whatsoever without any liability or responsibility to you.
    8. You are responsible for informing your Healthcare Professional and pharmacy/vendor of any allergies or any other medication, supplements and traditional medication/healthcare you may be receiving and your underlying health condition and concerns.
    9. Please provide the requested proof of identity and supporting prescription to collect your medication/product or to perform the test. If you are unable to collect your medication/product/results yourself, please provide a signed authorization letter to the person collecting the same on your behalf.
    10. Please check all medication/items dispensed to you and do not take any medication which appears to have been damaged or tampered with or dispensed in error. Please inform us promptly if any medication appears to be damaged, tampered with or dispensed in error and we will liaise with the relevant pharmacy to address the issue and provide any applicable replacement.
  7. INTELLECTUAL PROPERTY
    1. The Company and its licensors and providers, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Site and all its contents, including without limitation the Software, text, materials, compilation of information, images, videos, displays, audio and design and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service/Site.
    2. The Terms of Use do not constitute a sale agreement and does not convey to you any rights of ownership in or related to the Service or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, and certain other material on the Site constitute trade marks or other intellectual property rights of the Company or its licensors/providers or other parties and no right or license is granted to use them. You must not reproduce, distribute, modify, communicate to the public, download or transmit any of the material on this Site except as expressly permitted by these Terms of Use.
  8. TERMINATION
    1. You may deactivate your account and end your registration at any time for any reason by sending an email to [email protected], through the contact page on our Site or in accordance with the Terms or Use. The Company may suspend or terminate your use of the Site, your account and/or registration for any reason at any time. Without prejudice to the generality of the foregoing, you hereby agree that the Company is entitled to terminate this Terms of Use immediately in the event that you are in breach of any of the terms. For the avoidance of doubt, the termination shall not require the Company to compensate, reimburse or cover any costs, fees or expenses incurred by you in connection with the use of the Site and/or Services.
    2. Following termination or deactivation, you will not have further access to your account or the Services. In the case of termination/deactivation by us, you remain liable for all amounts due up to and including the date of termination/deactivation.
    3. Upon termination, the following Sections shall continue in force: Sections, 2, 3, 6, 9, 10, 11, 12 and 13 and any other provisions of these Terms of Use that are intended to continue in force after termination.
  9. DISCLAIMER OF WARRANTIES
    1. You expressly agree that use of the Site and/or Services is at your sole risk. Both the Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. We do not warrant that access to this Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Company and/or TeleMe expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties or merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value and accuracy of data.
    2. You acknowledge and agree that the Company and/or TeleMe does not provide medical advice, diagnosis, treatment, or dispensary/pharmacy services and is strictly a technology platform and infrastructure for connecting patients with independent third party healthcare professionals and medical practitioners and facilitating the delivery or purchase of any medication products, aids and devices irrevocably accepted by the patient as a result of the consultation with the Healthcare Professional.
    3. You acknowledges and agree that the Healthcare Professionals using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, advice, instructions, prescriptions, and they provide the same in their sole discretion and as they deem appropriate.
    4. You agree that you and your Healthcare Professional are solely responsible for all information and communication during a telehealth consultation or other communication and we do not guarantee that a telehealth consultation is the appropriate course of treatment for your particular health issue or illness.
    5. We make no representation, warranty or endorsement as to the conduct, ability, efficacy, accuracy, timeliness or relevance of any information, service or treatment provided by any medical practitioner or healthcare professional and you agree that your interactions with such practitioner or professional are at your own risk and you agree to take reasonable precautions in all such interactions.
    6. You further acknowledge and agree that the relevant pharmacy is solely responsible for the dispensation and provision of all medications and products obtained pursuant to this Site and you will not hold us liable in any way in connection with such dispensation and provision of medication and products.
    7. We make no representation that the Site or Services are appropriate or available for use outside of Malaysia and users are responsible for compliance with their local laws.
    8. We reserve the right at our discretion, to remove any Healthcare Professional from our panel or the Site at any time.
  10. LIMITATION OF LIABILITY
    1. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR TELEME OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE RELATING IN ANY WAY TO THE SITE, SERVICES, ANY INFORMATION OR MATERIALS ON OR OBTAINED THROUGH THE SITE. In no event shall our total liability to you (or for any minor for whom you are responsible for) for any and all damages, losses, costs, expenses and fees exceed the amount you have paid to us. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
  11. INDEMNITY
    1. You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, licensors, partners and suppliers, harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of the Site, Services and/or Software or any breach of these Terms of Use. In addition, you agree to indemnify, defend and hold harmless your Healthcare Professional(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of the Healthcare Professional(s) or any breach of these Terms of Use.
  12. PERSONAL DATA PROTECTION
    1. You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as set out in our Privacy Policy and outlined below.
    2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, previous medical history any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
    3. The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, the Company may not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service or the Site.
    4. The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (collectively referred to as the “Purpose”):
      1. To perform the Company’s obligations in respect of any contract entered into with you;
      2. To provide you with any services pursuant to the Terms of Use herein;
      3. Process, manage or verify your application/registration for the Service pursuant to the Terms of Use herein;
      4. To validate and/or process payments pursuant to the Terms of Use herein;
      5. To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
      6. To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
      7. To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
      8. To respond to questions, comments and feedback from you;
      9. To communicate with you for any of the purposes listed herein;
      10. For internal administrative purposes, such as auditing, data analysis, database records;
      11. For purposes of detection, prevention and prosecution of crime;
      12. For the Company to comply with its obligations under law;
      13. To send you alerts, newsletters, updates, mailers, promotional materials special privileges and the like from the Company, its partners, advertisers and or sponsors;
    5. As the Company’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia provided the location has an equivalent or similar data protection laws as Malaysia.
    6. The Company may engage other companies, service providers or individuals to perform functions on the Company’s behalf, and consequently may provide access or disclose to your Personal Data to the third parties including but not limited to those listed below:
      1. Information technology (IT) service providers;
      2. Data entry service providers;
      3. Storage facility providers;
      4. Insurance providers;
      5. Any professional advisors and external auditors;
      6. Regulatory and governmental authorities in order to comply with statutory and government requirements.
      7. Healthcare Professionals and support personnel.
    7. Subject to any exceptions under applicable laws, you may at any time hereafter request for access to, or for correction or rectification of your Personal Data or limit the processing of your Personal Data, or seek further information from the Company by using the support contact details provided on the Site.
    8. By submitting your information you consent to the use of that information as set out in the form of submission/registration and in this Terms of Use.
  13. GENERAL
    1. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
    2. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
    3. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
    4. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
    5. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
    6. In the event that we are unable to provide you with any service due to a Force Majeure event, we shall not be deemed to be in breach of contract to you nor liable to you for any losses. “Force Majeure event” means any event beyond the reasonable control of either Party including but not limited to an act of God, fire, flood, earthquake, or other natural disaster; act of any sovereign, war, confiscation or damage to property by or under the order of any government; act of government or governmental instrumentality, law, judgement, order, decree; embargo, blockade, labour dispute including but not limited to strike lockout or boycott; interruption or failure of utility service; interruption or failure or unavailability of any equipment or servers or any other reason beyond the reasonable control of either Party.
  14. HELPDESK
    1. We operate a helpdesk and will always try to resolve any queries, complaints or disputes when they first arise. Please provide details of any queries, complaints or comments by logging into our Contact Us page and completing the form there.

Teleme Technologies Sdn Bhd (formerly known as Tellme Sdn Bhd) (Co No. 1163799-D)

Terms of Use Agreement – Healthcare Professionals

Latest Revision: 23 October 2024

  1. USE OF THE PLATFORM
    1. By using this Site or Platform (defined below), you agree that you have read, understood, accepted and agreed with these Terms of Use. In order to use the Site or Platform you must agree to these Terms of Use. If you do not agree to these Terms of Use, please do not continue using this Site or the Platform.
    2. The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legally binding agreement between you and Teleme Technologies Sdn Bhd (Company No. 1163799-D and formerly known as TellMe Sdn Bhd). (referred to as “we”, “us”, “Teleme” or the “Company”).
    3. The Company operates the TeleMe portal at https://www.teleme.co, and other related websites and mobile applications (collectively, the “Site”) and the electronic platform (“Platform”) which enable the electronic interactions and access to various healthcare services. The Site and Platform enable users to report their health status and history and engage with third party medical practitioners and healthcare professionals (collectively, “Healthcare Professionals”) to access healthcare services, and facilitate the purchase and delivery of medication and pharmaceutical products (collectively, the “Service”).
    4. For the avoidance of doubt, the Company does not practise medicine or any other licensed profession, and does not intervene with the practice of medicine or any other licensed profession.
    5. By using the Platform available through the Site, and downloading, installing or using any associated software or application supplied by the Company (collectively, the “Software”), you hereby agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.teleme.co.
    6. The Company reserves the right to modify, vary and change the Terms of Use at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use shall be effective upon the posting of an updated version at http://www.teleme.co. You agree that it shall be your responsibility to review the Terms of Use regularly. The continued use of the Platform or Site after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
  2. ACKNOWLDGMENT AND CONSENT
    1. Teleme is a digital healthcare platform which enables the provision of healthcare services using interactive communication and video technology, where the patient and the Healthcare Professional are at different physical locations. As part of this, patients’ health history and personal health information may be provided and Healthcare Professionals interact and consult through the use of interactive video, audio and other telecommunications technology.
    2. At all times you remain responsible to determine if a face-to-face consultation with the patient is required and to ensure that all necessary interactions with the patient are conducted to provide the requisite care. We are not liable in any way for any misdiagnoses, acts or omissions of Healthcare Professionals who are independent providers and are not employed by or affiliated with Teleme.
    3. Please note that there are potential risks associated with the use of the Platform. These risks include (without limitation):
      1. Information transmitted may not be sufficient (e.g. low quality of images or incomplete records or information) to allow for appropriate decision making;
      2. Delays in evaluation or treatment could occur due to failures of the electronic equipment or communication networks;
      3. Security protocols could fail, causing a breach of privacy of personal health information; or
      4. Delays in the purchase or delivery of medication may occur due to factors beyond our control.
  3. REPRESENTATIONS AND WARRANTIES
    1. By registering with Teleme and accessing the Platform, you expressly represent and warrant that all the information and documentation (including without limitation medical qualifications, practising certificate, medical indemnity insurance and MMC registration number, NRIC/passport/identity documentation details and other relevant documentation) provided are correct, true, complete and accurate and you will promptly inform us of any changes or updates (including renewals).
    2. You further represent and warrant that you have the right, authority and capacity to use the Platform, provide the Service to the patients and abide by the Terms of Use.
    3. You warrant that your use of the Platform, performance of your obligations and provision of the intended Service through or in connection with the Platform shall comply in all respects with all applicable laws, regulations, codes and guidelines (including any directives and requirements of applicable regulatory authorities), and will not expose Teleme to any liability or claims whatsoever.
  4. ACCESS RIGHTS, REGISTRATION OF ACCOUNT, CONSULTATIONS

    Access Right

    1. Subject to you complying with these Terms of Use and the registration requirements, we grant you a limited, non-exclusive, non-transferable right to access the Platform to provide the Service as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Platform for any reason.
    2. You agree that you will not, and will not attempt to:
      1. impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
      2. use the Site or Platform in violation of any applicable law, regulation, code or guidelines;
      3. reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Platform;
      4. distribute viruses or other harmful computer code through the Site/Platform; or
      5. otherwise use the Platform or Site in any manner that exceeds the scope of use granted above.

      3. Registration of Account

    3. In order to access the Platform you are required to register with Teleme, subject to fulfilment of certain conditions and our approval. You agree to provide accurate, true and complete information when you register and to keep that information updated and accurate and to provide evidence of renewals of the practising certificate and medical indemnity insurance. When registering, you shall not use the name, qualifications or credentials of another person. We reserve the right to refuse, suspend or cancel your registration for any breach of these terms or at our discretion.
    4. Please be reminded that you are responsible for keeping your username and password confidential and secure and preventing unauthorized access to your account. You are solely responsible for all activities occurring through your account and you agree to inform us of any actual or threatened breach of your account. You undertake not to allow any other person to use your identity or account, and you may not assign or otherwise transfer your account to any other person. We are not responsible for any loss or damage arising from any breach of these obligations.
    5. If you are a Preferred Healthcare Provider:
      1. You may be entitled to participate in certain Programmes stipulated in the Subscription Agreement signed between the Company and you; and
      2. You agree to comply with the service levels stipulated in the Subscription Agreement signed between the Company and you.
  5. PAYMENT AND REFUNDS
    1. You agree to pay all fees and charges (including all applicable taxes) in connection with the use of the Platform and our services. You may charge a fee for each consultation (‘Consultation Fee”) provided through the Platform to a patient in accordance with the specified consultation rate set out in your Profile and/or Site (as applicable). You confirm that this Consultation Fee is as agreed between you and the patient. If you are a Preferred Healthcare Provider, you agree to charge the Consultation Fees stipulated in the Subscription Agreement signed between Teleme and you.
    2. Teleme will remit to you on at least a monthly basis (subject to receipt of the Consultation Fee from the patient), the Consultation Fee less the Teleme facilitation fee (“Doctor Charges”). The Doctor Charges will be paid to your specified bank account. You shall be responsible for any finance or other charges imposed for the remittance of the Doctor Charges to your account.
    3. In consideration of your access to the Platform and the services provided by Teleme pursuant to these Terms of Use, you agree to pay Teleme the agreed facilitation fee (“Facilitation Fee”) . We reserve the right to vary this Facilitation Fee at any time upon giving seven (7) days’ notice, and your continued use of the Platform after that variance shall be deemed your consent to the variance.
    4. If Goods and Services Tax (“GST”) is applicable to the Consultation Fee you are solely responsible for the reporting, collection and remittance of such GST to the relevant authorities in accordance with applicable laws.
    5. We reserve the right to suspend the processing of any transaction where we reasonably believe that the transaction may be in breach of these Terms of Use or applicable laws, guidelines or codes.
    6. You agree that if any medication or other products are prescribed, the patient may choose the dispensing pharmacy and make arrangements with and payment to such pharmacy.
    7. Refunds

      No refunds are available for any Services (or part of Services) which have been provided or when the request has been confirmed or accepted by the Healthcare Professional. Refunds are only available when the request is cancelled by the users before it is confirmed or accepted by the Healthcare Professional, or it is cancelled by the Healthcare Professional. In the event of any refund of the Consultation Fee (or any part thereof) to the patient in accordance with our policies, you agree that we may make the corresponding deduction from any payments due to you under these Terms of Use.

  6. PRESCRIPTIONS
    1. Healthcare Professional may prescribe certain medication or tests or they may request certain medication, upon consultation.
    2. Any prescription is issued at your discretion and must be in compliance with prevailing standards, guidelines and laws. Teleme is not involved in the issuance or dispensation of the prescription.
    3. The user may select from the options available at the Site, the particular pharmacy/provider for the dispensation or delivery of their medication/products/tests, and an electronic copy of the prescription will be provided to the selected pharmacy.
    4. All medication/products/tests are charged at the prevailing pricing of the pharmacy/provider dispensing or providing the medication/tests and are subject to acceptance and payment by the user.
    5. The pharmacy/vendor reserves the right to decline to dispense a prescription for any reason whatsoever.
    6. Users are to inform their Healthcare Professional and pharmacy/vendor of any allergies or any other medication, supplements and traditional medication/healthcare they may be receiving and their underlying health condition and concerns.
    7. Healthcare Professionals are responsible to ensure the suitability, accuracy and completeness of all prescriptions and provide clear and appropriate instructions to the users.
  7. INTELLECTUAL PROPERTY
    1. Teleme and its licensors and providers, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and Site and all its contents, including without limitation the Software, text, materials, compilation of information, images, videos, displays, audio and design and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site/Platform.
    2. The Terms of Use do not convey to you any rights of ownership in or related to the Platform or any intellectual property rights owned by Teleme and/or its licensors. The Teleme name, branding, and certain other material on the Site constitute trade marks or other intellectual property rights of Teleme or its licensors/providers or other parties and no right or license is granted to use them. You should not reproduce, distribute, modify, communicate to the public, download or transmit any of the material on the Platform/Site except as expressly permitted by these Terms of Use.
  8. TERMINATION
    1. You may deactivate your account and terminate your registration and this Agreement at any time, for any reason by providing thirty (30) days written notice. As stated herein, Teleme may suspend or terminate your use of the Platform, your account and/or registration for any reason at any time. Without prejudice to the generality of the foregoing, you agree that Teleme is entitled to terminate this Terms of Use immediately in the event that you are in breach of any of the terms including failure to provide evidence of the requisite practising certificate and medical indemnity insurance. For the avoidance of doubt, the termination shall not require Teleme to compensate or reimburse any costs, fees or expenses incurred by you in connection with your use of the Platform or Site.
    2. Following termination or deactivation, you will not have further access to your account or the Platform. 8.3 Upon termination, the following Sections shall continue in force: Sections, 2, 3, 7, 8, 9, 10, 11, 12 and 13 and any other provisions of these Terms of Use that are intended to continue in force after termination.
  9. DISCLAIMER OF WARRANTIES
    1. You expressly agree that use of the Platform and/or Site is at your sole risk. Both the Platform and Site are provided on an “AS IS” and “AS AVAILABLE” basis. We do not warrant that access to the Platform/Site will be uninterrupted or error-free or that defects will be corrected. Teleme expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties or merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value and accuracy of data.
    2. You acknowledge that TeleMe does not provide medical advice, diagnosis, treatment, or dispensary/pharmacy services and the Platform comprises a technology platform and infrastructure for connecting patients with Healthcare Professionals and facilitating the delivery or purchase of medication/medical or health products, aids and devices .
    3. You agree that you are solely responsible for all interaction and communication during a telehealth consultation and any other communication and interaction, including all prescriptions pursuant to the Platform and you agree to take all reasonable precautions and use your best professional judgement in all such interactions and communication, and will not hold us liable in any way in connection with such communication, interaction and prescription.
    4. We make no representation that the Site or Services are appropriate or available for use outside of Malaysia and you are responsible for compliance with applicable local laws.
    5. We reserve the right at our discretion, to vary the scope of Services available through the Site at any time.
  10. LIMITATION OF LIABILITY
    1. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TELEME OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY LOSS OF REVENUES, PROFITS OR GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE RELATING IN ANY WAY TO THE PLATFORM, SITE, SERVICES, ANY INFORMATION OR MATERIALS ON OR OBTAINED THROUGH THE PLATFORM/SITE. In no event shall our total liability to you for any and all damages, losses, costs, expenses and fees exceed the amount we have paid to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
  11. INDEMNITY
    1. You agree to indemnify, defend and hold harmless Teleme, its officers, directors, employees, agents, representatives, affiliates, partners, licensors and suppliers, harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of the Platform or Site, provision of the Services, dealings with the users/patients or any breach of these Terms or Use.
  12. PERSONAL DATA PROTECTION AND CONFIDENTIALITY
    1. You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as set out in our Privacy Policy and outlined below.
    2. For the purposes of this Agreement, “Personal Data” means information about you, from which you (or any individual) are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card or account details, race, gender, date of birth, email address, qualifications and credential, medical history and any information about you which you have provided to Teleme in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Teleme from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
    3. The provision of your Personal Data is voluntary. However if you do not provide your Personal Data, Teleme may not be able to process your Personal Data for the Purposes outlined below and you may not be able to access the Platform.
    4. The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“Purpose”):
      1. To perform the Company’s obligations in respect of any contract entered into with you;
      2. To provide you with access to the Platform and any services pursuant to the Terms of Use herein;
      3. Process, manage or verify your registration;
      4. To validate and/or process payments pursuant to the Terms of Use herein;
      5. To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your or patients’ needs;
      6. To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
      7. To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
      8. To respond to questions, comments and feedback from or relating to you;
      9. To communicate with you for any of the purposes listed herein;
      10. For internal administrative purposes, such as auditing, data analysis, database records;
      11. For purposes of detection, prevention and prosecution of crime;
      12. For the Company to comply with its obligations under law; and
      13. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges and the like from the Company, its partners, advertisers and or sponsors.
    5. As the Company’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia.
    6. The Company may engage other companies, service providers or individuals to perform functions on the Company’s behalf, and consequently may provide access to or disclose your Personal Data to the third parties such as those listed below (not exhaustive):
      1. Information technology (IT) service providers;
      2. Data entry service providers;
      3. Storage facility providers;
      4. Insurance providers;
      5. Any professional advisors and external auditors; and
      6. Regulatory and governmental authorities in order to comply with statutory and government requirements.
    7. Subject to any exceptions under applicable laws, you may at any time hereafter request for access to, or for correction or rectification of your Personal Data or limit the processing of your Personal Data, or seek further information from the Company by using the contact details provided on the Site.
    8. By submitting your information you consent to the use of that information pursuant to these Terms of Use and the Privacy Policy.
    9. Your agree and warrant that your use, collection, handling and access of the Personal Data of any patient and user (including your records, materials and data which contain any such Personal Data) shall comply strictly with the provisions of the Personal Data Protection Act 2013 and our Privacy Policy and in particular that you have obtained all necessary consents. You agree to indemnify Teleme, its officers, directors, employees, agents, representatives, affiliates, partners and suppliers harmless from and against any claim, actions, demands, liabilities, costs, expenses, penalties and settlements, including without limitation reasonable legal fees (“Claims”), arising from any breach of this Clause 12.
    10. You agree that all patient and user information and data and all data in connection with the use of the Site and Platform are confidential to Teleme and are to be used solely for the purposes of complying with your obligations under these Terms of Use and providing the Service. All such information and data shall not be disclosed to any third party (unless required by law), without the prior written consent of Teleme, and shall be disclosed to your employees and personnel only so far as required for the purposes of these Terms of Use. Such information and data shall not be used in any way for any marketing or promotional purposes. The provisions of this Terms of Use shall not be disclosed without our prior consent.
  13. GENERAL
    1. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
    2. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
    3. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
    4. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
    5. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
    6. All notices given under these Terms of Use shall be in writing and sent to your address specified in your registration form (as updated from time to time) and to our address as set out at the Site. Any such notice shall be delivered personally, by courier, or by electronic mail or registered post and shall be deemed to have been served if by personal delivery or courier when delivered, if by electronic mail when sent (with proof of sending) and if by registered post, 7 days after posting. Provided however that all invoicing, reports and receipts may be sent by email or other agreed form of communication.
    7. In the event that we are unable to provide you with the any service due to a Force Majeure event, we shall not be deemed to be in breach of contract to you nor liable to you for any losses. “Force Majeure event” means any event beyond the reasonable control of either Party including but not limited to an act of God, fire, flood, earthquake, or other natural disaster; act of any sovereign, war, confiscation or damage to property by or under the order of any government; act of government or governmental instrumentality, law, judgement, order, decree; embargo, blockade, labour dispute including but not limited to strike lockout or boycott; interruption or failure of utility service; interruption or failure or unavailability of any equipment or servers or any other reason beyond the reasonable control of either Party.
  14. HELPDESK
    1. We operate a helpdesk and will always try to resolve any queries, complaints or disputes when they first arise. Please provide details of any queries, complaints or comments by logging into our Contact Us page and completing the form there.
    2. You agree to respond to any comments, queries or complaints arising from your consultation in a timely manner to enable Teleme to provide the appropriate helpdesk and customer service in accordance with its operating procedures.

Appendix A

Facilitation Fee

3% of the transaction amount

Teleme Technologies Sdn Bhd (formerly known as Tellme Sdn Bhd) (Co No. 1163799-D)

Terms of Use Agreement – Pharmacy Provider (Pharmacist)

Latest Revision: 23 October 2024

  1. USE OF THE PLATFORM
    1. By using this Site or Platform (defined below), you agree that you have read, understood, accepted and agreed with these Terms of Use. In order to use the Site or Platform you must agree to these Terms of Use. If you do not agree to these Terms of Use, please do not continue using this Site or the Platform.
    2. The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legally binding agreement between you and Teleme Technologies Sdn Bhd (Company No. 1163799-D and formerly known as TellMe Sdn Bhd). (referred to as “we”, “us”, “Teleme” or the “Company”).
    3. The Company operates the TeleMe portal at https://www.teleme.co, and other related websites and mobile applications (collectively, the “Site”) and the electronic platform (“Platform”) which enable the electronic interactions and access to various healthcare services. The Site and Platform enable users to report their health status and history and engage with third party medical practitioners and healthcare professionals (collectively, “Healthcare Professionals”) to access healthcare services, and facilitate the purchase and delivery of medication and pharmaceutical products (collectively, the “Service”).
    4. For the avoidance of doubt, the Company does not practise medicine or any other licensed profession, and does not intervene with the practice of medicine or any other licensed profession.
    5. By using the Platform available through the Site, and downloading, installing or using any associated software or application supplied by the Company (collectively, the “Software”), you hereby agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.teleme.co.
    6. The Company reserves the right to modify, vary and change the Terms of Use at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use shall be effective upon the posting of an updated version at http://www.teleme.co. You agree that it shall be your responsibility to review the Terms of Use regularly. The continued use of the Platform or Site after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
  2. ACKNOWLDGMENT AND CONSENT
    1. Teleme is a digital healthcare platform which enables the provision of healthcare services using interactive communication and video technology, where the patient and the Healthcare Professional are at different physical locations. As part of this, patients’ health history and personal health information may be provided and Healthcare Professionals interact and consult through the use of interactive video, audio and other telecommunications technology.
    2. At all times you remain responsible for the dispensation of medicine to users in accordance with the prescriptions issued by Healthcare Professionals. We are not liable in any way for any misdiagnoses, acts or omissions of Healthcare Professionals who are independent providers and are not employed by or affiliated with Teleme.
    3. Please note that there are potential risks associated with the use of the Platform. These risks include (without limitation):
      1. Information transmitted may not be sufficient (e.g. low quality of images or incomplete records or information) to allow for appropriate decision making;
      2. Delays in evaluation or treatment could occur due to failures of the electronic equipment or communication networks;
      3. Security protocols could fail, causing a breach of privacy of personal health information; or
      4. Delays in the purchase or delivery of medication may occur due to factors beyond our control.
  3. REPRESENTATIONS AND WARRANTIES
    1. By registering with Teleme and accessing the Platform, you expressly represent and warrant that all the information and documentation (including without limitation medical qualifications, pharmacist qualifications, practising certificate, pharmacy premise licence, medical indemnity insurance and MMC or Pharmacist registration number, NRIC/passport/identity documentation details and other relevant documentation) provided are correct, true, complete and accurate and you will promptly inform us of any changes or updates (including renewals).
    2. You further represent and warrant that you have the right, authority and capacity to use the Platform, provide the Service to the users and abide by the Terms of Use.
    3. You warrant that your use of the Platform, performance of your obligations and provision of the intended Service through or in connection with the Platform shall comply in all respects with all applicable laws, regulations, codes and guidelines (including any directives and requirements of applicable regulatory authorities), and will not expose Teleme to any liability or claims whatsoever.
  4. ACCESS RIGHTS, REGISTRATION OF ACCOUNT, CONSULTATIONS

    Access Right

    1. Subject to you complying with these Terms of Use and the registration requirements, we grant you a limited, non-exclusive, non-transferable right to access the Platform to provide the Service as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Platform for any reason.
    2. You agree that you will not, and will not attempt to:
      1. impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
      2. use the Site or Platform in violation of any applicable law, regulation, code or guidelines;
      3. reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Platform;
      4. distribute viruses or other harmful computer code through the Site/Platform; or
      5. otherwise use the Platform or Site in any manner that exceeds the scope of use granted above.

      3. Registration of Account

    3. In order to access the Platform you are required to register with Teleme, subject to fulfilment of certain conditions and our approval. You agree to provide accurate, true and complete information when you register and to keep that information updated and accurate and to provide evidence of renewals of the practicing certificate and medical indemnity insurance. When registering, you shall not use the name, qualifications or credentials of another person. We reserve the right to refuse, suspend or cancel your registration for any breach of these terms or at our discretion.
    4. Please be reminded that you are responsible for keeping your username and password confidential and secure and preventing unauthorized access to your account. You are solely responsible for all activities occurring through your account and you agree to inform us of any actual or threatened breach of your account. You undertake not to allow any other person to use your identity or account, and you may not assign or otherwise transfer your account to any other person. We are not responsible for any loss or damage arising from any breach of these obligations.
    5. If you are a Preferred Pharmacy Provider:
      1. You may be entitled to participate in certain benefits stipulated in the Subscription Agreement signed between Teleme and you; and
      2. You agree to comply with the service levels stipulated in the Subscription Agreement signed between Teleme and you.
  5. PAYMENT AND REFUNDS
    1. You agree to pay all fees and charges (including all applicable taxes) in connection with the use of the Platform and our services.
    2. In the case where the user paid the Medication Purchase Price via the Teleme payment gateway, you agree to pay the Facilitation Fee set out in Appendix A. Teleme will remit to you on a monthly basis on or before the 21st day of the next month, the Medication Purchase Price less the Facilitation Fee. We reserve the right to vary the Teleme facilitation fee or any other fees at any time upon giving thirty ( 30) days’ notice, and your continued use of the Platform after that variance shall be deemed your consent to the variance.
    3. If Goods and Services Tax or any other indirect tax (“GST”) is applicable to the Medication Purchase Price you are solely responsible for the reporting, collection and remittance of such GST to the relevant authorities in accordance with applicable laws.
    4. We reserve the right to suspend the processing of any transaction where we reasonably believe that the transaction may be in breach of these Terms of Use or applicable laws, guidelines or codes.
  6. PRESCRIPTIONS
    1. Healthcare Professionals may prescribe certain medication or tests or they may request certain medication, upon consultation.
    2. Any prescription is issued at the Healthcare Professional’s discretion and must be in compliance with prevailing standards, guidelines and laws. Teleme is not involved in the issuance or dispensation of the prescription.
    3. The user may select from the options available at the Site, the particular pharmacy/provider for the dispensation or delivery of their medication/products/tests, and an electronic copy of the prescription will be provided to the selected pharmacy. If you are a Preferred Pharmacy Provider, this term may be varied by the Subscription Agreement signed between the Corporate and you.
    4. The Pharmacist reserves the right to decline to dispense a prescription for any reason whatsoever.
    5. Users are to inform their Healthcare Professionals and Pharmacists of any allergies or any other medication, supplements and traditional medication/healthcare they may be receiving and their underlying health condition and concerns.
    6. Healthcare Professionals and Pharmacists are responsible to ensure the suitability, accuracy and completeness of all prescriptions and provide clear and appropriate instructions to the users.
  7. INTELLECTUAL PROPERTY
    1. Teleme and its licensors and providers, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and Site and all its contents, including without limitation the Software, text, materials, compilation of information, images, videos, displays, audio and design and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site/Platform.
    2. The Terms of Use do not convey to you any rights of ownership in or related to the Platform or any intellectual property rights owned by Teleme and/or its licensors. The Teleme name, branding, and certain other material on the Site constitute trade marks or other intellectual property rights of Teleme or its licensors/providers or other parties and no right or license is granted to use them. You should not reproduce, distribute, modify, communicate to the public, download or transmit any of the material on the Platform/Site except as expressly permitted by these Terms of Use.
  8. TERMINATION
    1. You may deactivate your account and terminate your registration and this Agreement at any time, for any reason by providing thirty (30) days written notice unless otherwise stated in the Subscription Agreement. As stated herein, Teleme may suspend or terminate your use of the Platform, your account and/or registration for any reason at any time. Without prejudice to the generality of the foregoing, you agree that Teleme is entitled to terminate this Terms of Use immediately in the event that you are in breach of any of the terms including failure to provide evidence of the requisite practising certificate and medical indemnity insurance. For the avoidance of doubt, the termination shall not require Teleme to compensate or reimburse any costs, fees or expenses incurred by you in connection with your use of the Platform or Site.
    2. Following termination or deactivation, you will not have further access to your account or the Platform.
    3. Upon termination, the following Sections shall continue in force: Sections, 2, 3, 7, 8, 9, 10, 11, 12 and 13 and any other provisions of these Terms of Use that are intended to continue in force after termination.
  9. DISCLAIMER OF WARRANTIES
    1. You expressly agree that use of the Platform and/or Site is at your sole risk. Both the Platform and Site are provided on an “AS IS” and “AS AVAILABLE” basis. We do not warrant that access to the Platform/Site will be uninterrupted or error-free or that defects will be corrected. Teleme expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties or merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value and accuracy of data.
    2. You acknowledge that TeleMe does not provide medical advice, diagnosis, treatment, or dispensary/pharmacy services and the Platform comprises a technology platform and infrastructure for connecting patients with Healthcare Professionals and facilitating the delivery or purchase of medication/medical or health products, aids and devices .
    3. You agree that you are solely responsible for all interaction and communication during a telehealth consultation and any other communication and interaction, including all prescriptions pursuant to the Platform and you agree to take all reasonable precautions and use your best professional judgement in all such interactions and communication, and will not hold us liable in any way in connection with such communication, interaction and prescription.
    4. We make no representation that the Site or Services are appropriate or available for use outside of Malaysia and you are responsible for compliance with applicable local laws.
    5. We reserve the right at our discretion, to vary the scope of Services available through the Site at any time.
  10. LIMITATION OF LIABILITY
    1. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TELEME OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY LOSS OF REVENUES, PROFITS OR GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE RELATING IN ANY WAY TO THE PLATFORM, SITE, SERVICES, ANY INFORMATION OR MATERIALS ON OR OBTAINED THROUGH THE PLATFORM/SITE. In no event shall our total liability to you for any and all damages, losses, costs, expenses and fees exceed the amount we have paid to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
  11. INDEMNITY
    1. You agree to indemnify, defend and hold harmless Teleme, its officers, directors, employees, agents, representatives, affiliates, partners, licensors and suppliers, harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of the Platform or Site, provision of the Services, dealings with the users/patients or any breach of these Terms or Use.
  12. PERSONAL DATA PROTECTION AND CONFIDENTIALITY
    1. You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as set out in our Privacy Policy and outlined below.
    2. For the purposes of this Agreement, “Personal Data” means information about you, from which you (or any individual) are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card or account details, race, gender, date of birth, email address, qualifications and credential, medical history and any information about you which you have provided to Teleme in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Teleme from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
    3. The provision of your Personal Data is voluntary. However if you do not provide your Personal Data, Teleme may not be able to process your Personal Data for the Purposes outlined below and you may not be able to access the Platform.
    4. The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“Purpose”):
      1. To perform the Company’s obligations in respect of any contract entered into with you;
      2. To provide you with access to the Platform and any services pursuant to the Terms of Use herein;
      3. Process, manage or verify your registration;
      4. To validate and/or process payments pursuant to the Terms of Use herein;
      5. To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your or patients’ needs;
      6. To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
      7. To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
      8. To respond to questions, comments and feedback from or relating to you;
      9. To communicate with you for any of the purposes listed herein;
      10. For internal administrative purposes, such as auditing, data analysis, database records;
      11. For purposes of detection, prevention and prosecution of crime;
      12. For the Company to comply with its obligations under law; and
      13. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges and the like from the Company, its partners, advertisers and or sponsors.
    5. As the Company’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia.
    6. The Company may engage other companies, service providers or individuals to perform functions on the Company’s behalf, and consequently may provide access to or disclose your Personal Data to the third parties such as those listed below (not exhaustive):
      1. Information technology (IT) service providers;
      2. Data entry service providers;
      3. Storage facility providers;
      4. Insurance providers;
      5. Any professional advisors and external auditors; and
      6. Regulatory and governmental authorities in order to comply with statutory and government requirements.
    7. Subject to any exceptions under applicable laws, you may at any time hereafter request for access to, or for correction or rectification of your Personal Data or limit the processing of your Personal Data, or seek further information from the Company by using the contact details provided on the Site.
    8. By submitting your information you consent to the use of that information pursuant to these Terms of Use and the Privacy Policy.
    9. Your agree and warrant that your use, collection, handling and access of the Personal Data of any patient and user (including your records, materials and data which contain any such Personal Data) shall comply strictly with the provisions of the Personal Data Protection Act 2013 and our Privacy Policy and in particular that you have obtained all necessary consents. You agree to indemnify Teleme, its officers, directors, employees, agents, representatives, affiliates, partners and suppliers harmless from and against any claim, actions, demands, liabilities, costs, expenses, penalties and settlements, including without limitation reasonable legal fees (“Claims”), arising from any breach of this Clause 12.
    10. You agree that all patient and user information and data and all data in connection with the use of the Site and Platform are confidential to Teleme and are to be used solely for the purposes of complying with your obligations under these Terms of Use and providing the Service. All such information and data shall not be disclosed to any third party (unless required by law), without the prior written consent of Teleme, and shall be disclosed to your employees and personnel only so far as required for the purposes of these Terms of Use. Such information and data shall not be used in any way for any marketing or promotional purposes. The provisions of this Terms of Use shall not be disclosed without our prior consent.
  13. GENERAL
    1. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
    2. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
    3. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
    4. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
    5. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
    6. All notices given under these Terms of Use shall be in writing and sent to your address specified in your registration form (as updated from time to time) and to our address as set out at the Site. Any such notice shall be delivered personally, by courier, or by electronic mail or registered post and shall be deemed to have been served if by personal delivery or courier when delivered, if by electronic mail when sent (with proof of sending) and if by registered post, 7 days after posting. Provided however that all invoicing, reports and receipts may be sent by email or other agreed form of communication.
    7. In the event that we are unable to provide you with the any service due to a Force Majeure event, we shall not be deemed to be in breach of contract to you nor liable to you for any losses. “Force Majeure event” means any event beyond the reasonable control of either Party including but not limited to an act of God, fire, flood, earthquake, or other natural disaster; act of any sovereign, war, confiscation or damage to property by or under the order of any government; act of government or governmental instrumentality, law, judgement, order, decree; embargo, blockade, labour dispute including but not limited to strike lockout or boycott; interruption or failure of utility service; interruption or failure or unavailability of any equipment or servers or any other reason beyond the reasonable control of either Party.
  14. HELPDESK
    1. We operate a helpdesk and will always try to resolve any queries, complaints or disputes when they first arise. Please provide details of any queries, complaints or comments by logging into our Contact Us page and completing the form there.
    2. You agree to respond to any comments, queries or complaints arising from your consultation in a timely manner to enable Teleme to provide the appropriate helpdesk and customer service in accordance with its operating procedures.

Appendix A

Facilitation Fee

3% of the transaction amount

x

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