TERMS OF USE FOR SUNMED GO

Last updated Nov 2018

Sunway Medical Centre Sdn. Bhd. its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively known as “SunMed Go” or “we”) welcome you to download our proprietary mobile application software hereinafter to be known as “SunMed Go” (or the “Application”). By downloading and using the Application, and by receiving services through the Application and/or via our Website (if applicable) (“Services”), you shall agree to be bound by the terms of service set out below (the “Agreement”).

If you do not agree to all of the terms of this Agreement, you may electronically click “Disagree/Decline”. If you click “Disagree/Decline” you will not be granted access to use the patient portal. Everyone may access the publicy available content on SunMed Go. However, you will need a verification code from SunMed in order to access personal data, health care information and records relating to yourself. The accessibility and operation of SunMed Go rely on systems, databases and technologies outside of our control. We do not guarantee continuous accessibility or uninterrupted operation of SunMed Go. We will not be liable to if, for any reason, access to SunMed Go is delayed or unavailable for any period of time. SunMed Go may amend and update the terms of this Agreement from time to time without notice and for any reason. Amendments will be effective upon SunMed Go’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). All references to the “Application” in this Agreement shall be construed to also include our Website. Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa.

1.Registration and Membership.

1.1Congratulations on your decision to download SunMed Go, a mobile application that offers users with quick and easy access to a variety of healthcare services. SunMed Go is an innovative platform that allows you to select and transmit a request for certain healthcare services, which include online appointment booking, and checking of health reports (collectively “Healthcare Services”).

1.2By filling in the Account information requested you represent and warrant to SunMed Go that all of the personal information you provide during this process is true and correct. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. SunMed Go reserves the right to refuse or cancel your Account or your use of the Application and/or the Services if SunMed Go determines that you have not provided complete and accurate information regarding your identity and/or have not provided accurate health information and the failure to provide such accurate information would amount to a fundamental breach of this Agreement on your part.

1.3You also agree that you will not choose or use a user name that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s Account or log in details to access the Application and/or Services. Unless otherwise permitted by SunMed Go in writing, you may only possess one Account.

1.4Please DO NOT share your user name and password with anyone. If you share your user name and password with anyone, you will compromise the security of your communications via the Patient Portal and SunMed Go will not be liable for it.

2.Eligibility.

2.1You must reside in Malaysia and be 18 years of age or older to use the Application and the Services provided through the Application.

2.3You must notify us immediately of any change in your eligibility to use the Services including without limitation any changes to your medical condition or physical fitness.

2.4Account Verification

When a user signs up on the App or our website for SunMed Go, the personal details inserted will be matched with our hospital records. If similar individual account is found in our records, we will perform account verification by sending a verification code via SMS to the mobile number registered in hospital information system records. When the correct verification code is given by the user, the account user will be verified. (“Verified User”). A Verified User enjoys a wider range of services as stipulated below.

3.Our Services.

3.1Online Appointment Booking

SunMed Go enables you to make appointments with our doctorsand/or other healthcare services (collectively, "the Doctor") that have engaged respective doctors to list their available time slots to be booked online using the App. By accessing the App, you are able to view the Doctor's roster and their availability and to provide the Doctor a platform to communicate and facilitate clinic appointment with you. SunMed Go has no control over and cannot guarantee the availability of the Doctor at any particular time, such responsibility is upon the Doctor themselves. The Doctor shall reserve the right to accept or decline any appointment made through the App.

SunMed Go shall not be held liable for cancelled or unfulfilled appointments.

3.2Live Queue System

SunMed Go includes an automated live queue system that uses priority-based sorting algorithms to determine the order of your queue in the healthcare service providers’ facilities. If you have pre-arranged appointments, you will be given priority in the queue, followed by clients of other types. The timing displayed serves only as an estimate and is not a guarantee that you will be served at the displayed time. The healthcare service providers reserve the right to alter the queue at their own discretion. SunMed Go shall not be held liable for any delays or changes in timing of service, or any injury resulting therefrom, or for any injury resulting or arising from or related to the utilization of the Software’s queue system.

3.3Registration by QR code

SunMed Go allows you to register at selected doctors using a unique QR code generated from the App at our kiosk at selected locations. Only verified users are allowed to use this QR code registration service.

3.4My Reports

3.4.1Under this services, SunMed Go allows you to view selected reports and results generated in Sunway Medical Centre, namely “Radiology Report”, “Wellness Report”, “Medication Records”, and “Laboratory Results” on the Application and our website. Only verified users are allowed to use this service. This Patient Portal provides you with copies of portions of your health information. The health information provided through the Patient Portal is not a complete copy of all your health information. The Patient Portal provides secure access to copies of health information created by your doctor and other health care providers and to copies of parts of your Southeast Health electronic medical records. The information does not represent the totality of your medical record and should not be relied upon as a complete representation of your health status, as it represents only a portion of such information. You understand that you are solely responsible for any sharing of your health information you intentionally or unintentionally communicate to others

3.4.2By obtaining or accessing your Online Reports vide your account on the Application or our website, you hereby unconditionally agree to be fully bound by the Terms and Conditions stated herein. The information, content and services contained in your account and the Application and website are subject to change at any time at the sole discretion of SunMed Go and without any prior notice.

3.4.3You agree that SunMed Go is a TECHNOLOGY PLATFORM that connects users to independent third party providers in the SunMed Go network, and as such SunMed Go takes no part in the carrying on of the relevant laboratory and radiology tests or the production of the Medical Reports. Project X is merely providing a platform to you to view your Medical Reports through the My Reports Services. SunMed Go 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 My Reports 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 MY REPORTS 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.

3.4.4You shall not abuse or misuse the My Reports, including but not limited to:

(a)engage in any illegal or fraudulent activities;

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

(c)in any manner that may damage, disable, overburden, corrupt or impair your account, the My Reports, 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 My Reports and our website; and

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

3.4.5You 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. SunMed Go 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.

3.4.6You agree that:

(a)you are solely responsible for your computer, system or other device from which you access your account, our website and the My Reports 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 SunMed Go from time to time in respect of your computer, system or other devices from which you access your account, our website and the My Reports Services (including any software used);

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

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

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

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

(f)any material downloaded or otherwise obtained through the use of your account, our website and the My Reports 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.

3.4.7SunMed Go reserves the sole and absolute right to:

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

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

3.4.8You hereby irrevocably and unconditionally agree to give consent to SunMed Go:

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

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

(c)to perform the My Reports Services.

4.Internet Delays

4.1You acknowledge that the Service and/or the Application may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you or the Treating Providers / First Ambulance being faulty, not connected, out of range, switched off or not functioning. SunMed Go is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

6.Geo-Location Functionality.

6.1The Services include and make use of certain functionality and services provided by third parties that allow SunMed Go to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

9.Account Security.

9.1You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. SunMed Go will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device or using unencrypted email to discuss private matters with any Doctor, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

9.2Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by SunMed Go, the Doctor, and the Treating Providers, in accordance with applicable law.

10.License and Limitations on Use.

10.1SunMed Go grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of SunMed Go or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by SunMed Go. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

10.2By using the Application or the Services, you agree that your use:

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

(b)Will not cause nuisance, annoyance, disruption, or

inconvenience to the Treating Providers;

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

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

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

11.MEMBER CONDUCT

11.1We reserve the right to terminate your Member status if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:

11.2You may not:

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

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

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

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

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

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

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

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

12.DISCLAIMERS OF WARRANTIES.

YOU USE THE APPLICATION, THE SERVICES, INCLUDING THE DOCTOR’S AND HEALTHCARE PROFESSIONALS’ SERVICES, AND OUR WEBSITE AT YOUR OWN RISK. SUNMED GO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY SUNMED GO OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY THE DOCTOR OR HEALTHCARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION SERVICES, OUR WEBSITE, THE DOCTOR AND HEALTHCARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND SUNMED GO 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. SUNMED GO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY THE INDEPENDENT DOCTOR AND HEALTHCARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN SUNMED GO’ LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. You acknowledge and agree that SunMed does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Treating Providers in the SunMed Go network. Before relying on the information on SunMed Go, you should do your own checks and obtain professional medical advice relevant to your particular circumstances. SunMed Go may not cover all information available on a particular issue, and the information may not always be accurate, complete or up-to-date. The information on SunMed Go is not intended to be a substitute for the advice of a medical professional. You should never disregard or delay in seeking professional medical advice because of something you have read on SunMed Go. All information contained in SunMed Go is for informational purposes only and is to be used at your own risk. We do not accept any responsibility for any reliance by you on the information contained in SunMed Go.

You acknowledge and agree that the Treating Providers using the Application are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all medical services, advice, instructions, treatment decisions and other professional health care services performed, and that all diagnoses, treatments, procedures and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.

13.LIMITATION OF LIABILITY.

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

My Suggestion for Limitation of Liability as below:

13.1To the extent permitted under law, we exclude all conditions, warranties, representations or other terms which may apply to SunMed Go, whether express or implied.

13.2We do not give any representations, warranties, guarantees, or any other commitments, or accept any liability, to you.

13.3We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, loss of revenue, loss of profits, or otherwise, even if foreseeable, arising from or in connection with:

a.any inaccuracy or incompleteness in, or errors or omissions in the information on SunMed Go;

b.you using, visiting or relying on any statements, opinion, representation or information in SunMed Go;

c.any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software; and

d.the conduct or the views of any person who accesses or uses My Health.

14.Use with Your Mobile Device

Use of these Services on a mobile device requires a compatible mobile device, internet access and an internet browser. You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of Your agreement with Your mobile device and telecommunications provider.

WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; OR ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES; FAILURE TO TRANSMIT ANY DATA; COMMUNICATIONS; OR SETTINGS CONNECTED WITH THE SERVICES

15.Indemnification.

You agree to defend, indemnify, and to hold harmless SunMed Go with its respective affiliates, directors, officers, agents and employees, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to:

(a)your use of the Application, Services or our website or your inability to use the Application, Services or our website; or

(b)an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold SunMed Go (and its officers and directors) harmless applies whether a claim against SunMed Go is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.

16.Waiver

16.1If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.Business Uses of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SunMed Go, with its 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.

18.Assignments.

SunMed Go may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of SunMed Go’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.

19.Promotions and Offers.

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

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

20.Force Majeure

20.1SunMed Go shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of the Force Majeure Event.

21INTELLECTUAL PROPERTY

21.1The Company and its licensors and providers, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Site and all its contents, including without limitation the Software, text, materials, compilation of information, images, videos, displays, audio and design and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service/Site.

21.2The Terms of Use do not constitute a sale agreement and does not convey to you any rights of ownership in or related to the Service or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, and certain other material on the Site constitute trademarks or other intellectual property rights of the Company or its licensors/providers or other parties and no right or license is granted to use them. You must not reproduce, screenshot, distribute, modify, communicate to the public, download or transmit any of the material on this Site except as expressly permitted by these Terms of Use.

22.Opt Out/Un-enrolling.

If you want to discontinue your use of the Patient Portal, you agree to click on the “Close Account” link from the Patient Portal home screen and follow the instructions to un-enroll. You understand that if you do this, you will no longer be able to use or access the Patient Portal and your account on the Patient Portal will be closed. You understand that any information stored in the Patient Portal at the time your account is closed and will be archived in our database.

23.Variation of Terms

23.1We may revise these Terms at any time by updating this page. You should visit this page from time to time to review the Terms because they are legally binding on you.

23.2We may modify or discontinue any features, services, tools, directories or content that form part of HealthHub at any time, with or without notice, and without liability.

24.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.

Privacy & PDPA Consent Notice

For the purposes of processing your application and to continue with the contractual agreements entered between you and any entity within Sunway Medical Centre, there may be a need to disclose your personal data to other departments within Sunway Medical Centre and/or external parties. The external parties we disclose your personal data to may include but not limited to (1) governmental and regulatory authorities; (2) our business strategic partners; and/or (3) agents and/or outsourcing vendors (collectively, “External Parties”). These External Parties may locate, store, maintain and/or process your personal data within Malaysia.

Under the Personal Data Protection Act (PDPA) 2010, we are required to obtain your explicit consent when we collect and process your sensitive personal data. We collect your sensitive personal data in order to assess your application and to administer the products and services that you have signed up for.

Declaration

By clicking “I agree and understand”, I am hereby declaring that I have read, understood and agree to terms of the Sunway Medical Centre Privacy Notice and I am expressly consenting to and authorising Sunway Medical Centre:

(i)To request for and to obtain all the personal information and data in this SunMed Go for the purpose of processing this application and all other purposes which are required in relation to any products, services and promotions offered by Sunway Medical Centre;

(ii)To disclose my personal data to the Other Entities and External Parties when required for the purposes stated therein; and/or

(iii)To collect and process my sensitive personal data for the purpose of this application (where applicable).

By clicking “I agree and understand”, I further confirm that all personal data (including sensitive personal data) that I have provided are all true, up-to-date and accurate. Should there be any changes to any of my personal data or intended to withdraw this consent, I shall notify Sunway Medical Centre in writing immediately.