Term & Conditions
Last updated: September 2021
DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 999 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
EPINK HEALTH SDN.BHD.((Registration No. 201901002911 (132237-W)) and its predecessors, successors, assigns, licensors, beneficiaries and/or affiliates (collectively, “ePink Health ”, “we”, “us” or “our”) operate the website located at https://www.epink.health and other related websites and the ePink Health mobile application (the “Application”) (collectively, the “Site”) and we offer online healthcare related services provided by doctors, physiotherapists and nurses (collectively “Healthcare Professionals”) upon the terms and conditions as contained in these Terms of Service (“Services”). By downloading and using the Site, you agree to be bound by the Terms of Service set out herein. If you do not wish to be bound by any of the Terms of Service, you may not use the Site or the Services.
ePink Health may amend and update the Terms of Service from time to time. Amendments will be effective upon ePink Health ’s posting of such updated terms at this location or in the amended policies (if any) or supplemental terms (if any) on the applicable Service(s). You are held responsible to visit the page https://www.epink.health/terms-of-service periodically to review the most current Terms of Service. Your continued access or use of the Application or our Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.
Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa. The terms “you” shall refer to all individuals that access or utilize the Site.
This document is an electronic record & being generated by a computer system it does not require any physical or digital signatures.
1.3. The domain name Mobile Application ePink Health (hereinafter referred to as ‘App’) is owned by EPINK HEALTH SDN.BHD (hereinafter referred to as ‘ePink Health ’).
1.4. For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App or by simply visiting the Website (www.epink.health) by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve You of the contractual relationship established by this Agreement.
1.4.1.By downloading and installing this App, You are bound by these Terms of Service and any other binding document as decided by ePink Health . You are requested to read them carefully before accepting the same and moving forward to using the App.
1.4.2.The term ‘We’/ ‘Us’/ ‘Our’ shall mean www.epink.health and our mobile application ePink Health . The use of this App by You is solely governed by this Terms of Service and any other terms or policies published by Us. Moving past the home page of the Website or downloading the App and using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in these terms.
1.4.3.You will be subject to the rules, guidelines, policies, terms, and conditions as applicable to any service that is provided by this App, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from You or informing You.
1.4.5.Through the Website, Users select a specialty (e.g. General Health). Then the User can either see a Medical professional immediately or Schedule an appointment for later time. The Medical professional will be allocated to the User based on availability.
1.4.6.The User may also upload his medical records and other health related data on the Website/App to support consultation with the Medical professional. These records must be uploaded onto secure www.epink.health platform after successful registration and sign-in in order to remain protected and confidential. We are not liable to any records, data, pictures or documents submitted by any other means such as personal email, mobile, sms or any messaging platform.
1.4.7.This App/Website is also aimed at assisting Medical professionals to provide services to patients that has registered on the App/ Website. The Medical professional who wishes to provide services on the App/ Website has to be verified before joining by providing proper documentation which shall be authenticated by ePink Health . Only upon authentication and approval shall a Medical Professional be enlisted on the App/ Website.
2.Healthcare Related Services
2.1.ePink Health provides the following Services through the Site:
Home Visits by the Healthcare Professionals;
Under the Home Visit feature, we provide you with a platform to connect with a medically certified and duly registered doctor (“Doctor”) and/or physiotherapist (“Physiotherapist”) and/or nurse (“Nurse”) who will provide home visit services at your door and on-demand in under an hour, be it at your home, office or hotel (“Home Visit”), subject to availability of the Healthcare Professionals in your area. You understand that there may be no Healthcare Professional in your area and we cannot guarantee that a Healthcare Professional will be available to provide Services in your area. In this Service, ePink Health is acting as merely intermediary. We perform thorough background checks on the Healthcare Professionals to ensure that they are medically certified and duly registered with the relevant authority governing their respective profession.
You acknowledge that your reliance on any of the Healthcare Professionals available to provide the Services on our Application or information provided by such Healthcare Professionals to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
Consult with your regular licensed doctor as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or healthcare related procedure or activity. Do not disregard medical advice issued to you by your regular licensed doctor or healthcare provider.
The Healthcare Professionals listed on the Application are independent professionals, each solely responsible for the services he or she provides to you, and ePink Health is not responsible for any issues you may have with respect to the Healthcare Professionals’ professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Healthcare Professionals.
Upon request for a Home Visit, the Application will automatically transmit your location which will be used to determine whether the Healthcare Professional provides services in your area. Upon providing certain relevant information to the Healthcare Professional through the Application, if a Healthcare Professional is available, he or she will be dispatched to your location.
If you are using the Application for Services to a minor, you must be available during the Healthcare Professional’s visit with the minor, you are responsible for payment for the Services provided to the minor, and are assuming the obligations of these Terms of Service as they relate to the minor.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Service. You are responsible for all equipment and/ or devices necessary to access the Application.
ePink Health charges a fee for the House Call by charging the fees to your credit card/debit card/online banking/e-wallet. The fee to be charged is as indicated in the Application and such fees/rates are subject to change at the discretion of ePink Health at any time without prior notice.
The request made by you is for one visit per person only.
The applicable rate for the House Call would depend on the time of the day at which the request is made and is as set out below:
Request made between 0800 - 1800 - RM 190
Request made between 1801 - 0759 - RM 355
If you wish for the Doctor to attend to another person while the Doctor is on site attending to your request, you will need to submit a new request accordingly.
The rates above are inclusive of basic medications for symptomatic relieve of example fever, pain, cough, runny nose, headache, diarrhea, gastric pain and allergy for up to 3 days’ supply only. Any other medications are not included and will be charged separately by the attending Doctor, if prescribed and given.
Pharmacy Medication Delivery Services;
ePink Health or ePink Health ’s auhorized delivery partner will provide delivery of medication to your door, be it to your home, office or hotel. ePink Health ’s Authorized Pharmacy partner shall be entity legally able to dispense medicines for you when ePink Health have received a legally valid prescription signed in writing by a doctor. Prescriptions are issued entirely at the discretion of the prescriber.ePink Health and ePink Health ’s Authorized Pharmacy partner reserve the absolute right to decline a prescription for any reason.
For all Medication Delivery services, in the event that you are unable to collect your own medicine, please present a duly signed authorization letter for the person collecting on your behalf.
Neither ePink Health or ePink Health ’s auhorized delivery partner is responsible for any failure to deliver medicines within a certain date or time if you have entered an invalid address. You or your authorized carer are responsible for signing medicine package upon delivery. Please present a valid ID for confirmation.
Kindly present your original prescription to the delivery personnel.
We only accept prescription medicine orders from customers who are at least 18 years old.
This service is only available in West Malaysia.
How it works
Choose“PHARMACY”on the home screen of the Application.
You may choose ‘Pick-Up’, ‘Delivery’ or ‘Fast Track’.
If you choose ‘Pick-Up’, a drop down list of ePink Health ’s Authorized Pharmacy partner outlets will appear.
If you choose ‘Delivery’, your medication will be delivered within 3 business days.
If you choose ‘Fast Track’, your medication will be delivered within 30mins to 3 hours (only available in Klang Valley).
Snap a picture of your e-prescription (e-Rx) and fill in the necessary details.
Pharmacists from ePink Health ’s Authorized Pharmacy partner will process and verify your order and if all details are valid, you can make payment through the Application.
Your medicine will be delivered to your doorstep or pick-up location.
For all ‘Pick-Up’, ‘Delivery’ and ‘Fast Track’ services, in the event that you are unable to collect your own medicine, please present an authorization letter for the person collecting on your behalf.
You are responsible for providing valid credit/debit card/online banking/e-wallet details which may be charged for payment. We reserve the right to not deliver medicines to you if your payment details have expired or are invalid in any way. In such cases we will attempt to contact you to enable you to provide updated information to allow us to dispense the medicines.
You are responsible for informing ePink Health if you are taking any other medications, supplements, and traditional medicine.
You are responsible for informing ePink Health of any allergies. ePink Health or ePink Health ’s authorized pharmacy partner are not responsible for any allergic reactions resulting from allergies that were not clearly stated.
Warning – You must check all items dispensed to you and should not take any medication that appears to have been tampered with or which may have been dispensed in error. Failure to abide by this warning could seriously damage your health.
If your prescription medicines appear to be damaged (with evidence and photos taken) then please contact us immediately. We will make every effort to replace any damaged products.
It is important that the information you provide is accurate and that you disclose all relevant facts as this could affect the advice you are given. If you are providing information
about a person other than yourself, you must ensure that they understand how their information will be used and that you have their authority to provide it to us and to give the relevant consents on their behalf. By providing their information to us you are confirming this to be the case. Warning: You must check any advice given by our pharmacists with your own Doctor before taking or refraining from any course of action or treatment. Failure to do so could seriously damage your health.
Cancellation/Confirmation of Orders – We will send an electronic acknowledgement to you upon successful payment of the electronic order. We will not entertain any cancellations once payment is confirmed and submitted by you. If items ordered are unavailable, a message will be sent to you for further action.
Exchange & Refunds – All of our goods sold are non-exchangeable and non- refundable.
You use this service entirely at your own risk and acknowledge that ePink Health is not responsible for all damage, losses, costs or expenses which you may suffer because the service is unavailable or does not operate as expected or causes loss or damage to any data.
ePink Health , reserve the absolute right to vary these terms and conditions at any time at their discretion. Any amendments or variations to these terms and conditions will be posted on this site. You are responsible for checking this page for changes and updates to the Terms of Service. Your use of ePink Health app following any posted change(s) to the Terms of Service will be deemed an acceptance of such change(s).
Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and healthcare providers consisting of (including but not limited to) doctors, psychologists and dietitians (“Telehealthcare Provider”) are not in the same physical location. At ePink Health , we offer such online telemedicine services (“Telehealth Services”) enabling users to report their health history and engage Telehealthcare Providers to obtain medical and healthcare services. All of the Telehealthcare Providers who deliver Telehealth Services through ePink Health are independent professionals solely responsible for the Services each provides to you. ePink Health does not interfere with the practice of medicine or any other licensed profession by the Telehealthcare Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither ePink Health nor any third parties who promote the Telehealth Services shall be liable for any professional advice you obtain from a Telehealthcare Provider via the Telehealth Services and ePink Health is not responsible for any issues you may have with respect to the Telehealthcare Provider’s professionalism, timeliness, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Telehealthcare Provider. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE TELEHEALTH SERVICES IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.
During your telehealth consultation with a Telehealthcare Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Telehealthcare Provider may perform a physical examination through these technologies.
The Telehealth Services you receive from Telehealthcare Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Telehealthcare Providers. However, your initial visit with a Telehealthcare Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Telehealthcare Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the benefits of our Telehealth Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
In rare cases, information transmitted may not be sufficient (e.g. poor connection to the internet causing poor resolution of images) to allow for appropriate healthcare decision making by the Telehealthcare Provider.
Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors.
Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail beyond our control, causing a breach of privacy of personal health information.
In very remote cases, there may be unauthorised leakage of footages of the telehealth consultation by a third party who may be in the same room as and when the Telehealth Services was taking place.
By accepting these Terms of Service, you acknowledge that you understand and agree with the following:
You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
Your Telehealthcare Provider may determine that the Telehealth Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
You can send messages to your Telehealthcare Provider by contacting ePink Health Customer Support at the contact details provided on the Application or Site. Emails or electronic messages to Customer Support or your Telehealthcare Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 999 or go to the nearest emergency room.
You are strictly prohibited from recording the live telehealth consultation session unless express consent in writing has been obtained by both you and the Telehealthcare Provider.
You are responsible for all of your own electronic equipment, devices and/or internet connections necessary to access the Telehealth Service and ePink Health shall not be responsible for any failure to access the Telehealth Service due to the same.
ePink Health ’s Healthcare E-Commerce feature (“ePink Health Pharmacy”) is an e-commerce platform that brings you a one-stop shop for searching and purchasing a wide range of healthcare products or services.
For purposes of this Section, the following words and expressions shall have the following meanings:
“Customer Account” means the Customer Account for the Service maintained by ePink Health on behalf of the Customer in which the personal details of the Customer and the Service will be recorded and made available therein;
“Partner” means the provider or supplier of the goods and/or services for sale or offer for sale on the Site.
Product” means any good or service for sale or offered for sale on the Site;
“Service” means facilitating the transaction(s) between the customer and the Partner including without limitation the ordering and purchasing of goods and/or services for sale or offered for sale on the Site;
“Site” means the https://www.epink.health website, which includes mobile applications, internet service and/or software under control or ownership of ePink Health and all of its divisions, subsidiaries, affiliate, and/or any other entities in SCHSB.
“Voucher”means a downloadable and/or printable code and/or permit that entitles the holder to a redemption of or exchange for goods and/or services from the Partner.
E) Ambulance Services
ePink Health offers an ambulance feature (“Ambulance Feature”) that connects users to ambulance services (“Ambulance Services”) provided by ePink Health ’s authorized Ambulance Service Provider. Ambulance Services include but are not limited to healthcare transportation services, basic life services and advanced life services. The users of the Application acknowledge that the Ambulance Feature by ePink Health is a TECHNOLOGY PLATFORM that aims to connect users to the Ambulance Services and as such ePink Health does not employ any trained medical personnel nor does it interfere with the practice of medicine.
ePink Health shall in no event be held responsible for the unavailability of the Application which may be due to any reason, including but not limited to the failure of the user’s mobile network signal, any lack of battery required to sufficiently power the user’s mobile device, and any improper functioning of the Global Positioning System (GPS) functionality.
Given the position and technological nature of the Ambulance Feature, the users of the Application acknowledge that certain factors and circumstances may be beyond ePink Health ’s control and agree that ePink Health shall not be held liable nor responsible for the same. Such factors and circumstances that are beyond the control of ePink Health include (but are not limited to) the following:
The Ambulance Service Provider’s systems being down
Server Hosting provider being down
Malfunctioning of systems
The Ambulance Service Provider being at full capacity and hence unable to perform Ambulance Services
The user not being located within our designated service areas
Delay on the arrival of the ambulances due to traffic and weather conditions, vehicle breakdowns, or any other reason
The lack of the necessary expertise by the hospitals to deal with your medical issue/emergency
The inefficiency and incompetency of the hospitals, doctors, support staffs or the administrative staffs of the hospital etc.
None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
ePink Health is required to comply with the relevant privacy and security laws currently enforced in law to safeguard and protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation or
5.1.The membership/usage of the Website/App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
5.2.Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same.
5.3.You understand the App downloaded on to your phone or tablet is owned by Us and We may automatically upgrade the App and these Terms shall apply to the upgrades as well.
5.4. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. ePink Health reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall ePink Health be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
6.2.The use of this Website/App is also Your consent to receive communications (e.g. SMSes, Emails, etc) from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing communications. In case You wish to stop contact with Us for the same, You may send Us a mail to the effect at …………………….
6.3.You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
7.ORDERS AND PAYMENT
7.1.The installation and use of this Website/App is free of cost and this includes only the usage of certain services of the Website/App. You hereby understand that the free/complimentary services may be amended at anytime in the discretion of ePink Health .
7.2.However, in the event You use the App/Website for a payable services such as consultation with Medical professional or buying medication, You shall be required to pay for the consult as stated in the payment page at the time of usage and in the event that medication(s) is prescribed by a Medical professional, you shall be required to pay for the medication(s) in the payment page if you would like to procure the medication(s), alongside delivery costs where applicable. However, payment amount stated on the payment page does not reflect the actual price of service for Corporate users. The corporate/organization will be billed accordingly based on agreed commercial arrangement for the use of service.
7.3.For the purpose of this section, Buyer would include any Users choosing to use the services offered on our Website/App. Seller means Us/Website/ePink Health .
7.4.While availing any of the payment method(s) available on the Website/App, We shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
7.4.1.Lack of authorization for any transaction(s), or
7.4.2.Exceeding the preset limit mutually agreed by You and ‘Bank(s)’ or financial service provider, or
7.4.3.Any payment issues arising out of the transaction, or
7.4.4.Decline of transaction for any other reason(s)
7.5.Customers shall be entitled to make payment for the goods and services pursuant to the various payment methods set out on the Site.
7.6. ePink Health will only assist you to order the relevant goods or services you may require from the selected partners. When you make an order through Site:
You authorise us to act as your representative to engage the Partner, including making payment thereto in your name and on your behalf, as required;
After you confirm your order, you shall receive a receipt with an order code at which point a legally binding contract in relation to the Product(s) that you have ordered shall come into existence between you and the selected Partner, as the case may be. ePink Health is not a party to that contract, unless explicitly provided otherwise herein, and ePink Health also in no way influences the conclusion or the content of the contract; and
You acknowledge that the delivery of any Product pursuant to your order shall be subject to your payment having been received in cleared funds.
7.7. ePink Health shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or goods and services tax (GST) imposed by any government entity in respect of the Services.
7.8. Additional charges may be incurred if non-Malaysian issued card is used due to Foreign Exchange.
7.9. By making payment via online banking, the customer shall transfer the payment for the purchase(s) to an account nominated by ePink Health for the total amount of the purchase(s) (including any applicable taxes). The transaction must be payable in Ringgit Malaysia. ePink Health shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or goods and services tax (GST) imposed by any government entity in respect of the Services.
8.1 Use and Redemption
Voucher(s) purchased shall be redeemable only for the goods and/or services specified on the Voucher and shall only be available for redemption during the period specified on the Voucher.
A Voucher cannot be exchanged or redeemed for cash.
A Voucher cannot be combined with any other Voucher, discount or promotional offer unless otherwise specified.
ePink Health is not responsible for lost or stolen vouchers or fraudulent use of a Voucher or the unique serial number of a Voucher.
(e) A Voucher may contain terms and conditions (“Voucher Terms”) that supplement, and are to be read as in addition to, these Terms and Conditions. In the event of any inconsistency between the Voucher Terms and these Terms and Conditions, the Voucher Terms shall prevail.
8.1.2.Validity Period & Reactivation Fees For Expired Vouchers
ePink Health Vouchers shall have the following Original Validity Periods:
1x ePink Health e-voucher : Validity period of 1 year
4x ePink Health e-voucher: Validity period of 1 year
10x ePink Health e-voucher: Validity period of 2 years
20x ePink Health e-voucher : Validity period of 2 years,
from date of purchase.
Upon expiry of the relevant validity period, a Reactivation Fee of RM 200 per pax is applicable to renew the Voucher for Renewal Period equivalent to the Original Validity Period.
(b) All other Non-ePink Health e-vouchers shall have a validity period of 3 months from date of purchase.
Upon expiry of the 3 months, a Reactivation Fee of 10% of Purchase Price shall be applicable to renew the e-voucher for a further Extended Validity period of 3 months.
8.1.3. Voucher Availability and Scheduling
All goods and/or services redeemable by Vouchers purchased are subject to availability. ePink Health and the Partners do not guarantee that the goods and/or services redeemable by Vouchers purchased will be available at your preferred date and time.
A representation on the Site that goods and/or services will be available over a range of dates does not preclude you from being required to make an appointment or booking to redeem the goods and/or services. Appointments or bookings may not be available on short notice.
Where the goods and/or services redeemable by the Voucher relate to a course or series of sessions or treatments, you agree that these may need to be scheduled at intervals to be determined in consultation with ePink Health or the selected Partner.
(d) ePink Health and the selected Partner reserve the right to cancel and reschedule your appointment or booking. Except as required by law, ePink Health and selected Partner will not be held liable for such events and are not liable to reimburse you for any travelling, accommodation or other loss or expenses suffered or incurred by you or any other person due to any cancelled or rescheduled appointment or booking.
9.Modification to the Services / Suspension or Termination of Customer Account
(a) ePink Health reserves the sole and absolute right to:
(i) add, amend and/or vary the Services without assigning any reasons whatsoever and without any prior notice; and/or
(ii) suspend the operation of the Customer Account and/or terminate the Customer Account without assigning any reasons whatsoever and without any prior notice.
10.Online Result Viewing
You may also view your laboratory test results and radiology images (“Medical Reports”) on the Application and our website (“Result Viewing Services”).
By obtaining or accessing your Medical Reports vide your account on the Application or our website, you hereby unconditionally agree to be fully bound by the Terms of Service stated herein. The information, content and services contained in your Account and the Site are subject to change at any time at the sole discretion of ePink Health and without any prior notice.
You agree that ePink Health is a TECHNOLOGY PLATFORM that connects users to independent third party providers in the ePink Health network, and as such ePink Health takes no part in the carrying on of the relevant laboratory and radiology tests or the production of the Medical Reports. ePink Health is merely providing a platform to you to view your Medical Reports through the Result Viewing Services. ePink Health expressly disclaims all warranties and responsibilities of any kind, whether express or implied, for the accuracy or reliability of the content of any information contained under the Result Viewing Services and shall NOT be liable for any inaccuracy or incorrectness of the Medical Reports displayed on its platform. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE RESULT VIEWING SERVICES IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.
You shall not abuse or misuse the Result Viewing Services, including but not limited to:
engage in any illegal or fraudulent activities;
supply or attempt to supply any false or misleading information, or make any misrepresentation to ePink Health or the Partners;
in any manner that may damage, disable, overburden, corrupt or impair your account, the Result Viewing, our website, the hardware or application and software system, security protocols, information or other operations or interfere with any party’s use and enjoyment of his or her account, the Result Viewing Services and our website; and
attempt to gain or gain unauthorized access to any account(s) other than your own account through hacking, password mining or any other means.
You shall be responsible for regularly checking your account and keeping your personal details up to date. You shall notify us and/ or the Partners of any changes, omissions or incorrect details as soon as you become aware of any of them. ePink Health shall not be responsible for any failure by you to notify us and/ or the relevant Partners of any such changes, omissions or incorrect details or for any incorrect information notified to us and/ or the relevant Partners.
You agree that:
you are solely responsible for your computer, system or other device from which you access your account, our website and the Result Viewing Services, including but not limited to the maintenance, operation and permitted use of such computer, system or other device and that it is your obligation to comply with any criteria imposed by ePink Health from time to time in respect of your computer, system or other devices from which you access your account, our website and the Result Viewing Services (including any software used);
you shall not access your account, our website and the Result Viewing Services using any computer, system or other device which you do not own unless you have received the owner’s permission;
you shall ensure that any computer, system or other device from which you access and use your account, our website and the Result Viewing Services shall be properly maintained and shall be free from any defects, viruses or errors;
you shall ensure that your PC or laptop is loaded with the latest anti-virus and anti- spyware software and that the software is at all times installed and updated with the latest pattern;
you shall ensure that you have downloaded the Application from trusted channels; and
any material downloaded or otherwise obtained through the use of your account, our website and the Result Viewing Services is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
ePink Health reserves the sole and absolute right to:
add, amend and/ or vary our website and Services at any time without assigning any reasons whatever and without any prior notice; and/or
suspend the operation of your account and/or terminate your account without assigning any reasons whatsoever and without any prior notice.
You hereby irrevocably and unconditionally agree to give consent to ePink Health :
to collect, store, hold, transfer (within or outside Malaysia), administer and process your personal data including but not limited to your name, NRIC No./ Passport No., contact details, medical history, information and medical report(s) for our internal use and records;
to disclose and release your personal data to the relevant government authorities and agencies, where it is required under the law which we may deem necessary; and
to perform the Result Viewing Services
You acknowledge that the Service and/or the Application may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you or the Telehealthcare Providers being faulty, not connected, out of range, switched off or not functioning. ePink Health is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
12. Geo-Location Functionality
The Services include and make use of certain functionality and services provided by third parties that allow ePink Health to include maps, geocoding, places and other content from
13.Risk and Property
(a) ePink Health shall not hold risk and/or property in the Products at any time.
ePink Health shall not be liable for any costs incurred or suffered due to loss or destruction of,
or damage to, the Products delivered to you.
(b) Risk of damage to or loss of the Product(s) purchased shall pass to the customer at
the time of delivery, or if the customer wrongfully fails to take delivery of the Product(s)
purchased, the time when delivery of the Product(s) is tendered by the Partner.
(c) Notwithstanding delivery and the passing of risk in the goods purchased or any other
provision of these Terms and Conditions the property in the goods purchased shall not pass
to the customer until and unless ePink Health has received in cleared funds payment in full
of the price of the goods purchased and all other goods agreed to be sold by ePink Health to
the customer for which payment is then due.
(a) You hereby grant ePink Health an exclusive, royalty-free, perpetual, transferable and
irrevocable licence to:
(b) use, reproduce, modify, adapt, translate, distribute, publish, create derivative
works from and publicly display any comments, bug reports, or feedback provided by
you to the Site (collectively, “Customer Feedback”) throughout the world in any media
for any purpose, now known or hereafter devised; and
c)use the name that you submit in connection with your Customer Feedback. You
represent that your Customer Feedback are non-confidential, non-proprietary, and do
not breach any third party’s rights.
(d) You further agree that Customer Feedback of the other customers and Site users are
not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute
medical or healthcare advice or recommendation of any kind.
(e) ePink Health reserves the right for any reason in its sole discretion to remove without
notice any Customer Feedback from the Site
14.THIRD PARTY INFORMATION
14.1.The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’).
14.2.The Website/App may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content.
14.3.In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and We shall not be liable. You may send as an email hello@ePink Health .health to report any such content.
14.4.Other than when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
15.2.Those posting any form of User content on the Website/App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website/App, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
15.3.We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
15.4.In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website/App can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
16.1.You are a restricted user of this Website/App.
16.2.You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App.
16.3.With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or noncommercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted.
16.4.You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever.
16.5.You agree not to access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App.
16.6.The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App.
16.7.You acknowledge and agree that by accessing or using the Website/App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable.
16.8.We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, You may report such offensive content by sending us an e-mail to hello@ePink Health .health
16.9.This Website/App by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
16.9.1.Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
16.9.2.Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
16.9.3.Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
16.9.4.Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing;
16.9.5.Post any file that infringes the copyright, patent or trademark of other legal entities.
16.9.6.Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
16.9.7.Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
16.9.8.Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App;;
16.9.9.Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
16.9.10.Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
16.9.11.Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
16.9.12.Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16.9.13.Violate any applicable laws or regulations for the time being in force within or outside Malaysia;
16.9.14.Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
16.9.15.Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16.9.16.Threaten 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.
16.9.17.Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside Malaysia;
16.9.18.Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
16.9.19.Create liability for Us or cause Us to lose (in whole or in part) the services of Ourinternet service provider ("ISPs") or other suppliers;
16.10.While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
16.11.You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
16.12.We have no obligation, to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP.
16.13.In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App.
16.14.You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
17. Promotions and Offers.
ePink Health is not responsible for any unauthorized promotions and offers offered by third parties through the Application.
18.CANCELLATIONS AND REFUNDS
18.1.The Website/App shall be only an intermediary connecting the User with the Medical professional of the service booked. Once the appointment has been made and a confirmation has been given to the User, ePink Health shall inform the Medical professional who shall render the consult at the agreed time, location and mode provided at the time of booking the service. This includes procurement of medication(s) prescribed by a Medical professional and subsequent medication(s) delivery to User as well.
18.2.Once an appointment has made and it is confirmed at Our end, no amount shall be refunded, in the event of a cancellation initiated by the User. In the event that medication(s) is prescribed by a Medical professional and User decides to procure the medication(s) and the order is confirmed at Our end, no amount shall be refunded, in the event of a cancellation initiated by the User.
18.3.However, in certain circumstances, ePink Health at its discretion shall permit a refund of the full or partial amount if the Medical professional becomes unavailable, if an alternative Medical professional is arranged to consult or no suitable medication(s) substitute is available for dispensation (including delivery costs where applicable),the Product(s) in question is of unsatisfactory quality, defective, unfit for their intended purposes, or do not match their description on the Site. The decision of ePink Health shall be final in such cases.
18.4. Cancellations, exchanges, or refunds on Product(s) which are goods may be subject to a processing fee as shall be determined by ePink Health in its sole and absolute discretion, on a case-by-case basis.
18.5. ePink Health may, at its sole and absolute discretion, allow extension of the redemption or validity period of a Voucher, on a case-by-case basis, subject to the availability of the Partner, provided the following are fulfilled:
18.5.1. The request for extension is made to ePink Health before the Voucher is redeemed; and
18.5.2. The request for extension is made to ePink Health within fourteen (14) days from the date of expiry of the Voucher;
19.1.Currently We provide chat, phone call, video call and medication delivery services in Malaysia. While we can receive consultation request from any location worldwide, we can only deliver medication to Malaysia for the time being
20.1.You understand that the Website/App is a platform that Users utilize to locate Medical professionals and make appointments for chat, phone or video consult. Even though We take all the necessary steps to verify the authenticity of the Medical professionals, You understand that We shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the Medical professional. We are not a party to such interaction and take no liability that arises from any such acts of the Medical professional.
20.2. Healthcare Services
20.2.1.All of the Medical professional who deliver Services through ePink Health are independent Medical professionals solely responsible for the services each provides to you.
20.2.2.ePink Health does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Medical professional, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
20.2.3.Neither ePink Health nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Medical professional via the Services.
20.3. Informed Consent:
20.3.1.ePink Health provides a platform to deliver health care services using interactive audio and video technology, where the patient and the medical professional are not in the same physical location. During your telehealth consultation with a medical professional, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your medical professional may perform a physical examination through these technologies
20.3.2.The telehealth Services you receive from Medical Professional are not intended to replace a primary care physician relationship or be your permanent medical home.
20.3.3.You should seek emergency help or follow-up care when recommended by a Medical Professional or when otherwise needed, and continue to consult with your primary care physician and other medical professionals as recommended.
20.3.4.You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events.
20.3.5.Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
18.104.22.168.In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Medical Professional;
22.214.171.124.Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
126.96.36.199.In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
188.8.131.52.Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information
184.108.40.206.You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
220.127.116.11.You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received ePink Health s Notice of Privacy Practices, which describes these protections in more detail.
18.104.22.168.Electronic communications are directed to your Medical Professional (s) and their supervisees through a secure, encrypted video interface and electronic health record.
22.214.171.124.Your Medical Professional may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
20.4.All communication between the Medical professional and You is a separate transaction which includes without any limitation all warranties related to consult and after consult services related to consult. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
20.5.We will ensure that all Medical Professionals providing audio/video consultation and e-prescription are fully qualified and registered with the Malaysia Medical Council (MMC) and in possession of valid Annual Practicing Certificate (APC)
20.6.For complimentary chat service, most inquiries and basic chats will be handled by our patient care consultants. Patient care consultants are tasked to answer your basic questions for screening purposes before proceeding to medical consultation with the Medical Professional. Any information provided by the patient care consultant should not be deemed as medical advice.
20.7.We do not endorse any specific Medical professional on the App nor place any guarantee as to its quality and value. Any such recommendations that are done are done by other users and ePink Health does not verify or acknowledge the same.
20.8.Further We may suggest apt treatments or services in accordance with the/ your information within our knowledge but We do not guarantee any effectiveness or success upon using these services.
20.9.Subject to the above sub-clauses, a contract exists between the Medical professional and You and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the Medical professional and You alone and We are in no way a party to such breach or involved in any suit arising from the same breach.
20.10.The content on the Website and App is general in nature and summarized, and is provided for informational purposes only. The content of the Website and App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.
20.11.Reliance on any content provided on website/app or any links on ePink Health website/app is solely at your own risk. We reserve the right to change or discontinue, at any time, any aspect or feature of this website/app.
20.12.You do hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services
20.13.You do hereby unconditionally and irrevocably agree to give consent to Us to collect, hold, use, delete, disclose, transfer, administer, store and process (within or outside Malaysia) in any other way, all your personal data (including sensitive personal data and personal data of other party provided by you) given now or that is subsequently obtained from time to time, which may include but not limited to your name, NRIC number/Passport number, contact information, medical related information for our internal use and records.
20.14.You do hereby unconditionally and irrevocably agree to give consent to Us to disclose and release your personal data to third party service providers, agents and other organisations we have engaged to perform any of the functions and services for you.
20.15.You do hereby unconditionally and irrevocably agree to give consent to Us to disclose and release your personal data for any purpose required by law or regulations.
20.16.You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website/App and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
21.COMPLIANCE WITH LAWS
21.1.The User of the Website/App shall comply with all the applicable laws applicable to them respectively for using Payment Facility and the website
22.DISCLAIMER OF WARRANTIES AND LIABILITIES
22.1.You expressly understand and agree that, to the maximum extent permitted by applicable law:
22.1.1.the website, services and other materials are provided by this website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
126.96.36.199.Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
188.8.131.52.Materials, information obtained and results will be effective, accurate or reliable;
184.108.40.206.Any errors or defects in the website, services or other materials will be corrected
22.1.2.we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.
22.1.3.The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
22.1.4.We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties
22.1.5.we shall not be liable for any third party product or services.
22.1.6.The information provided on healthcare goods, services, and packages on the Site is solely for general information, and does not constitute medical or healthcare advice. The information does not have regard to any specific need of any person. If you are unsure whether the or which healthcare goods, services, or packages would be suitable to meet your needs, please seek advice first from your doctor or the relevant healthcare centre. Otherwise, you may end up signing up for packages which may not meet your expectations or needs. ePink Health is not liable to any person in respect of the information or its use, including any inaccuracy, misrepresentation, error or omission in, or any decision made in reliance on the information.
22.1.7.You further irrevocably and unconditionally agree that your access to, and use of the Site and the Services are on an “as-is”, “as available” basis and ePink Health specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement.
IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS.
IF YOU CHOOSE TO BE CONNECTED WITH THE DOCTOR AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO THE DOCTOR. IF THE DOCTOR IS AVAILABLE, THE DOCTOR WILL MAKE A HOUSE CALL TO YOU AT A LOCATION OF YOUR CHOICE AS INDICATED TO THE DOCTOR.
23.2.WITH RESPECT TO THE PROVISION OF HOUSE CALLS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING A DOCTOR THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR APPLICATIONS. A REPORT OF YOUR SYMPTOMS WILL BE CONVEYED TO THE DOCTOR.
23.3.BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ePink Health IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.
23.4. PLEASE NOTE THAT ePink Health ’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH THE DOCTOR AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, ePink Health EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTHCARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION
23.5.ePink Health DOES NOT EXPRESSLY ENDORSE ANY DOCTOR OR HEALTHCARE PROFESSIONAL ON THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY THE DOCTOR OR HEALTHCARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE DOCTOR OR HEALTHCARE PROFESSIONAL AND NOT ePink Health . RELIANCE ON ANY INFORMATION PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. ePink Health MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID DOCTOR OR HEALTHCARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. DOCTOR AND HEALTHCARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH DOCTORS ARE BETWEEN YOU AND THE LICENSED DOCTOR. BY USING THE SERVICE, YOU AGREE NOT TO HOLD ePink Health LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE DOCTOR MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL ePink Health BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A DOCTOR OR HEALTHCARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY DOCTORS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH DOCTOR AND HEALTHCARE PROFESSIONALS PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.
24.INDEMNIFICATION AND LIMITATION OF LIABILITY
24.2.Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights in no event shall we, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
23.3.The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Business Uses of Our Services
24.1.If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ePink Health together with their respective directors, officers, affiliates, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.
25.1.If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
26.BREACHES OF THESE TERMS AND CONDITIONS
27.1.Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
28.1.These Terms of Service will be governed by and construed in accordance with the laws of Malaysia without regard to its conflicts of law provisions. Any failure of the Website/App/ ePink Health to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website/App/ePink Health , and all other provisions for which survival is equitable or appropriate
28.3.The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Malaysia, and shall have exclusive jurisdiction over any disputes arising between the Parties
28. Governing Law.
This Agreement contains the final and entire agreement between us regarding your use of the Application Services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Malaysia applicable to contracts made entirely within Malaysia and wholly performed in Malaysia, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Malaysia.
ePink Health may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of ePink Health ’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
30.1. ePink Health shall not be liable to you as a result of any delay or failure to perform its
obligations under these Terms of Service as a result of a Force Majeure Event (as defined
30.2. A Force Majeure Event shall mean:
(a) war (whether declared or not), hostilities, invasion, act of foreign enemies,
insurrection, revolution, rebellion, military or usurped power, civil war or acts of
(b) ionising radiation or contamination by radioactivity from any nuclear waste, from
combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear thereof;
(c) pressure waves caused by aircraft or other aerial devices travelling, at sonic or
(d) natural catastrophe including but not limited to earthquakes, floods and
subterranean spontaneous combustion or any operation of the forces of nature,
lightning and exceptionally inclement weather;
(e) occurrence of an epidemic and/or pandemic as declared by the World Health
Organisation or the Government of Malaysia and/or where the relevant authority(ies) in
Malaysia has restricted or prohibited ePink Health from providing the Services; and/or
(f) riot, commotion and disorders, criminal damage, sabotage, strike, lock out, labour
unrest or other industrial disturbances (affecting the performance of these Terms of Service)
which are not the fault of the ePink Health or you, which causes, or can reasonably be
expected to cause either party to fail to comply with its obligations.
31.1.We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website/App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes.
31.2.Your use of this Website/App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability.
31.3.We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets.
31.4.We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Malaysian law to claims any damages or initiate any legal proceedings against the Use