Terms of Use
Last Updated: August 2023
This document is published to provide the rules and regulations, privacy policy and Terms of Use for access or the usage of https://www.ewamed.com and/or https://care.ewamed.com, hereinafter referred to as “the Platform(s)” or “the Site(s)”, and the services provided. By accessing or using the Platform(s), you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please refrain from using the Platform(s).
The domain name ewamed.com.my and ewacare.com.my are owned by Visamed International Sdn Bhd (“the Company”). For the purpose of these Terms of Use, whenever the context so requires, the term ‘You’ / ‘User’ shall mean any natural or legal person who provided Registration Data while accessing the Platform(s). Any service provided by the Platform(s) which do not require registration do not absolve You of the contractual relationship established by this Agreement.
- User Eligibility
1.1. You must be at least 18 years old to use the Platforms. By using the Platforms, you represent and warrant that you are of legal age and have the legal capacity to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
1.2. 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. - Platform Services
2.1. The Platform(s) provides a marketplace where users can access and browse healthcare packages and services offered by multiple providers.
2.2. The Platform(s) acts as an intermediary and does not provide healthcare services or does not sell products directly. The Healthcare Providers and product providers are solely responsible for the products/services they offer. - User Accounts
3.1. You may need to create a user account to access certain features of the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2. You agree to provide accurate and up-to-date information during the registration process and promptly update any changes to your account information. - User Responsibilities
4.1. You agree to use the Platform and its services only for lawful purposes and in compliance with all applicable laws and regulations.
4.2. You will not use the Platform to transmit any harmful, offensive, or inappropriate content.
4.3. You are responsible for the decisions you make based on the information provided on the Platform, and you acknowledge that the Platform does not provide medical advice. - Intellectual Property
5.1. The content and materials on the Platform, including but not limited to text, graphics, logos, and software, are owned or licensed by the Platform and protected by intellectual property laws.
5.2. You may not reproduce, distribute, modify, or create derivative works from the Platform’s content without prior written permission. - Privacy
6.1. The collection and use of personal information are governed by the Platform’s Privacy Policy.
- Third-Party Links and Content
7.1. The Platform(s) may contain links to third-party websites (“Linked Websites”) or content. Such links are provided for convenience only and may not remain current or be maintained by Us. We have no control over the third party user generated content nor are we responsible for the accuracy and legality associated with the Linked Websites.
7.2. The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
- Disclaimers
8.1. The Platform(s) provides information and services on an “as is” basis. We do not warrant; and will not be responsible or liable for the accuracy, completeness, reliability, legality, and copyright compliance of the information, and we disclaim any liability arising from your use of the Platform(s) nor make representations concerning any Content contained in or accessed through the Platform.
8.2. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Platform.
8.3. To the maximum extent permitted by law, we hereby disclaim all statutory warranties, with respect to the services including, without limitation any warranties that the services merchantable are of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing.
8.4. Except as expressly set forth herein we make no warranties about the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Sites, or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, Applications or Sites are free of computer viruses, contaminants or other harmful items.
- Limitation of Liability
9.1. To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platform or the services provided.
- Indemnification
10.1. You agree to indemnify and hold the Platform and its affiliates, officers,directors, and employees harmless from any claims, damages, or losses arising from your use of the Platform or any breach of these Terms of Use.
- Termination
11.1. We reserve the right to terminate or suspend your access to the Platform at any time for any reason without prior notice.
- Governing Law and Jurisdiction12.1. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts in Malaysia.
- Communications
13.1. By using the Platform(s), it is deemed that you have consented to receiving calls from Us at any time with the use of the telephone number that has been provided by You at the point of account creation for the use of the Platform(s), subject to the Privacy Policy. This includes contacting you through information received through other parties as well as contacting other patios through the information provided to us.
- Modifications to Terms of Use
14.1. We may update or modify these Terms of Use from time to time. The updated version will be posted on the Platform(s), and your continued use of the Platform after such changes constitutes your acceptance to be bound by any such changes.
14.2. Your use of the Platform(s) prior to the time this Terms of Use was posted will be governed according to the Terms of Use 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.
14.3. 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.
Platform(s) if any breach of the Terms of Use is caused by a User. This can in no way be construed as a waiver of any legal right under Malaysian law to claim any damages or initiate any legal proceedings against the User.
