GLOCO MALAYSIA SDN. BHD. together with its parent and sister companies ("us", "we", or "GLOCO", which also includes its affiliates) is the author and publisher of the internet resource www.ghealth.com ("Website") on the world wide web as well as the software and applications provided by GLOCO, including but not limited to the mobile application 'gHealth', the software and applications of the brand names 'gHealth' and GLOCO's software and applications.
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are a medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)" or "you").
This Agreement applies to those services made available by GLOCO on the Website, which are offered to the Practitioners("Services"), including, but not limited to, the listing of Practitioners and their profiles and contact details, to be made available to the other users and visitors to the Website ("Users").
The Services may change from time to time, at the sole discretion of GLOCO, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
This Agreement shall supersede and cancel all previous agreements either in written form or orally between the parties in respect of this Website, the mobile application 'gHealth' and GLOCO's software and applications.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of GLOCO.
The Agreement is published in compliance of, and is governed by the provisions of Malaysian law, including but not limited to:
(i) The Contracts Act 1950;
(ii) The Copyright Act 1987;
(iii) The Personal Data Protection Act 2010; and
(iv) The rules, regulations, guidelines and clarifications framed there under.
2. CONDITIONS OF USE
2.1 You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to GLOCO that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
2.2 If you give us information about any patient, you confirm and warrant that you obtain or have obtained his/her consent for you to transfer and share his/her personal data to GLOCO for the purposes of implementation of the Services.
2.3 You agree and warrant that the processing including the transfer of the patient's personal data itself to GLOCO has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law.
3. TERMS OF SERVICE APPLICABLE TO PRACTITIONERS
The terms in this Clause 3 are applicable only to Practitioners.
3.1 LISTING POLICY
3.1.1 GLOCO, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. GLOCO reserves the right to take down any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform GLOCO immediately to enable GLOCO to make the necessary amendments.
3.1.2 GLOCO shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
3.1.4 GLOCO reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, GLOCO shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
3.1.5 Practitioners explicitly agree that GLOCO reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
3.1.6 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and GLOCO accepts no liability for the same.
3.2 PROFILE OWNERSHIP AND EDITING RIGHTS
3.2.1 GLOCO ensures easy access to the Practitioners by providing a tool to update your profile information. GLOCO reserves the right of ownership of all the Practitioner's profile and photographs and to moderate the changes or updates requested by Practitioners. However, GLOCO takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using GLOCO's services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, GLOCO may modify or delete parts of your profile information at its sole discretion with or without notice to you.
3.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF GLOCO
3.3.1 All Critical Content is content created by the Users of www.ghealth.com and "gHealth" ("Website") and the clients of GLOCO and the Practitioners. As a platform, GLOCO does not take responsibility for Critical Content. The role of GLOCO and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms.
3.3.2 GLOCO reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
3.3.3 GLOCO shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
3.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. GLOCO shall not be liable for any effect on Practitioner's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. GLOCO however, as an 'intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by the Practitioners are further detailed in Clause 4 of these Terms.
3.3.5 GLOCO will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Practitioners. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
3.3.6 If GLOCO determines that you have provided inaccurate information or enabled fraudulent feedback, GLOCO reserves the right to immediately suspend any of your accounts with GLOCO and makes such declaration on the website alongside your name/your clinics' name as determined by GLOCO for the protection of its business and in the interests of the Users. You shall be liable to indemnify GLOCO for any losses incurred as a result of your involvement in enabling or facilitating misrepresentations or fraudulent feedback that has adversely affected GLOCO or its Users.
3.4 RELEVANCE ALGORITHM
3.4.1 GLOCO has designed the relevance algorithm in the best interest of the Practitioners and Users and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. GLOCO shall not be liable for any effect on the Practitioner's business interests due to the change in the Relevance Algorithm.
3.5 INDEPENDENT SERVICES
3.5.1 Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by GLOCO.
3.6 GLOCO REACH RIGHTS
3.6.1 GLOCO reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, GLOCO will not be liable for the accuracy of information or the claims made in the Sponsored ads. GLOCO does not encourage the Practitioners to visit the Sponsored ads page or to avail any services from them. GLOCO will not be liable for the services of the providers of the Sponsored ads.
3.6.2 You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and GLOCO accepts no liability for the same.
3.7 gHealth CONSULTATION
3.7.1 gHealth Consultation enables Practitioners to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Practitioners by GLOCO ("Doctor App").
3.7.2 The User may post two types of queries on their Health Accounts (i) public query, which is sent through gHealth Consultation to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private query, which will only be sent to the Practitioner that the User has chosen.
3.7.3 The public queries posted by the Users are sent to multiple Practitioners through a fully automated system installed in the Doctor App. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. GLOCO does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries.
3.7.4 Practitioner agrees that, when providing any written response to a User's query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
3.7.5 In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, GLOCO shall provide the User an option to directly remit the amount to the Practitioner through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.
3.7.6 GLOCO reserves the right to revise the fee terms at any time at their discretion. The Practitioner's continued use of the services and Doctor App shall constitute his/her consent to such revision.
3.7.7 Practitioner hereby agrees that it shall use the Doctor App for the purpose specified in these Terms of Service and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.
3.7.8 Practitioner hereby represents and warrants that he/she:
(i) is qualified to provide medical services within the territory of Malaysia;
(ii) has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
(iii) has provided GLOCO true, accurate, complete and up to date details about their qualification and credentials.
3.7.9 Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of conduct.
3.7.10 Practitioners shall promptly renew their licenses required to provide medical services and notify GLOCO about the same.
3.7.11 GLOCO reserves the right to terminate any account of the Practitioner in case:
(ii) GLOCO is unable to verify or authenticate any information provided to it by a Practitioner; or
(iii) GLOCO in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for GLOCO or other Users and / or may adversely affect the services rendered by GLOCO.
3.7.12 Practitioner hereby agrees that, for any User that contacts the Practitioner using gHealth Consultation, only he/she shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of gHealth Consultation, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify GLOCO against any claim or loss that may be faced by GLOCO consequent to such use.
3.7.13 Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
3.7.14 Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
3.7.15 Practitioner agrees and understands that some or all his/her information may be made available to the general public through the Doctor App or otherwise by GLOCO and that he/she has no objection to the same.
3.7.16 Practitioner hereby agrees to assign to GLOCO in perpetuity all intellectual property rights residing in the responses provided by him/her for use by GLOCO worldwide.
3.7.17 Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.
3.7.18 Any communication sent by or through GLOCO to the Practitioner is based solely on information uploaded by the Users. GLOCO shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
3.7.19 Practitioner shall be liable to indemnify and hold GLOCO harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys' fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Service.
3.8 ghealth.com/gHealth FEED
3.8.1 ghealth.com/gHealth feed is an online content platform available on the website, wherein Practitioners who have a GLOCO profile can login and post health and wellness related content subject to prior approval of and amendments by GLOCO from time to time.
3.8.2 A Practitioner can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same ("Content"), and uploading said Content to GLOCO's servers subject to prior approval of and amendments by GLOCO from time to time. The Practitioner can upload their own images or choose an image from the gallery that GLOCO provides. GLOCO shall post such Content on ghealth.com/gHealth feed at its own option and subject to these Terms and Conditions. The Content uploaded via ghealth.com/gHealth feed does not constitute medical advice and may not be construed as such by any person.
3.8.3 The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via ghealth.com/gHealth feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. GLOCO reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve GLOCO from and indemnify GLOCO against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner's uploading of any Content on ghealth.com/gHealth feed. The Practitioner also agrees to absolve GLOCO from and indemnify GLOCO against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from GLOCO's gallery and utilizes it for his/her personal or commercial gain.
3.8.4 The Practitioner hereby assigns to GLOCO, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via ghealth.com/gHealth feed.
3.8.5 GLOCO shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
3.8.6 The Practitioner may also use ghealth.com/gHealth feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
3.8.7 Practitioner acknowledges that the content on ghealth.com/gHealth feed reflects the views and opinions of the authors of such content and does not necessarily reflect GLOCO's views.
3.8.8 Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and GLOCO reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve GLOCO from and indemnify GLOCO against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on ghealth.com feed.
3.9 Further Terms for Practitioners
3.9.1 The Practitioner shall reply to the patient after receiving patient's communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, GLOCO has the right to show other available Practitioners to the patient or remove Practitioners from the platform/GLOCO application/site.
3.9.2 The Practitioner understands and agrees that, GLOCO shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
3.9.3 The Practitioner further understands that, there is a responsibility on the Practitioner to treat the patients on this model, as the Practitioner would have otherwise treated the patient on a physical one-on-one consultation model.
3.9.4 The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Practitioners.
3.9.5 The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
3.9.6 The Practitioner acknowledges that should GLOCO find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then GLOCO shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.
3.9.7 It is further understood by the Practitioner that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Practitioner privilege.
3.9.8 The Practitioner shall ensure patient's consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.
3.9.9 The Practitioner agrees that GLOCO may impose the following fees and charges for the Services which may be amended by GLOCO at any time in its sole discretion subject to three (3) months' notification being made to the Practitioner:-
(i) Appointment booking, online video consultation: 15% on the consultation fee charged by the Practitioners to Users;
(ii) Services/packages/Non-physical products: 25% of the net fee;
(iii) Physical/tangible products: 5% of the net fee;
(iv) Transaction fees (cards) of 3.4% + RM2.00 to be borne by the Practitioners;
(v) Delivery cost and courier charges to be fully borne by Practitioners.
4. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
4.1 GLOCO hereby informs Practitioners that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(i) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(ii) harm minors in any way;
(iii) infringes any patent, trademark, copyright or other proprietary rights;
(iv) violates any law for the time being in force;
(v) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vi) impersonate another person;
(vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(viii) threatens the unity, integrity, defence, security or sovereignty of Malaysia, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
4.2 Practitioners are also prohibited from:
(i) violating or attempting to violate the integrity or security of the Website or any GLOCO Content;
(ii) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by GLOCO;
(iii) intentionally submitting on the Website any incomplete, false or inaccurate information;
(iv) making any unsolicited communications to other Users;
(v) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
(vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
(vii) copying or duplicating in any manner any of the GLOCO Content or other information available from the Website;
(viii) framing or hot linking or deep linking any GLOCO Content.
(ix) circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
4.3 GLOCO, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 4.1 and 4.2. GLOCO shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4.5 GLOCO may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The applicable law only permits GLOCO to transfer sensitive personal data or information including any information, to any other body corporate or a person in Malaysia, or located in any other country, that ensures the same level of data protection that is adhered to by GLOCO as provided for under the applicable law, only if such transfer is necessary for the performance of the lawful contract between GLOCO or any person on its behalf and the Practitioner or where the Practitioner has consented to data transfer.
4.6 GLOCO respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
5.1 GLOCO reserves the right to suspend or terminate a Practitioner's access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
(i) Such Practitioner breaches any terms and conditions of the Agreement;
(ii) A third party reports violation of any of its right as a result of your use of the Services;
(iii) GLOCO is unable to verify or authenticate any information provide to GLOCO by a Practitioner;
(iv) GLOCO has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such Practitioner; or
(v) GLOCO believes in its sole discretion that Practitioner's actions may cause legal liability for such Practitioner, other Practitioners or for GLOCO or are contrary to the interests of the Website.
5.2 Once temporarily suspended, indefinitely suspended or terminated, the Practitioner may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such Practitioner shall no longer have access to data, messages, files and other material kept on the Website by such Practitioner. The Practitioner shall ensure that he/she/it has continuous backup of any medical services the Practitioner has rendered in order to comply with the Practitioner's record keeping process and practices.
6. LIMITATION OF LIABILITY
6.1 In no event, including but not limited to negligence, shall GLOCO, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, Practitioner's provision of information via the Website, lost business or lost Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
(i) provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
(ii) any content posted, transmitted, exchanged or received by or on behalf of any Practitioner or other person on or through the Website;
(iii) any unauthorized access to or alteration of your transmissions or data; or
(iv) any other matter relating to the Website or the Service.
6.2 In no event shall the total aggregate liability of the Protected Entities to a Practitioner for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a Practitioner's use of the Website or the Services exceed, in the aggregate RM100.00 (Ringgit Malaysia One Hundred Only).
7. RETENTION AND REMOVAL
GLOCO may retain such information collected from Practitioners from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Personal Data Protection Act 2010. Computer web server logs may be preserved as long as administratively necessary.
8. APPLICABLE LAW AND DISPUTE SETTLEMENT
8.1 You agree that this Agreement and any contractual obligation between GLOCO and Practitioner will be governed by the laws of Malaysia.
8.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Malaysia, before a sole arbitrator appointed by GLOCO. The arbitration shall be conducted in the English language and the UNCITRAL Arbitration Rules shall apply. The award shall be final and binding on the parties to the dispute.
9. CONTACT INFORMATION
If a Practitioner has any questions concerning GLOCO, the Website, this Agreement, the Services, or anything related to any of the foregoing, GLOCO customer support can be reached at the following email address: email@example.com or via the contact information available from www.ghealth.com.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by GLOCO. Any consent by GLOCO to, or a waiver by GLOCO of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE