TERMS OF USE
DATA8 Sdn Bhd (“DATA8” or “we” or “us”) operates cHEART’s website (“Site”), web application and a mobile application (collectively, the “Application”) that is a technology solution for users. The following terms and conditions (“Terms of Use”) together with our Privacy Policy (which is incorporated herein by reference) govern your use of and access to the Site, the Application and the Services (defined below). For the purposes of the Terms of Use you will be referred to as “you” or “User”.
By completing the registration process and/or browsing the Site or downloading cHEART’s Application, you represent that (1) you have read, understand, and agree to be bound by the Terms of Use, (2) you are of legal age to form a binding contract with DATA8, and (3) you have the authority to enter into the Terms of Use personally or on behalf of the company you have named as the User, and to bind that company to the Terms of Use. If you do not agree to be bound by the Terms of Use, you may not access or use the Site, the Application and/or the Services.
PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY DATA8 IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will notify you of any changes to the Terms of Use by posting the new Terms of Use on the Site and in the Application. We will also update the “Last Updated” date at the top of the Terms of Use. DATA8 may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Site, the Application and/or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the Application and/or the Services. Otherwise, your continued use of the Site, the Application and/or Services constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE SITE AND THE APPLICATION TO VIEW THE CURRENT TERMS.
1 cHEART Application
The Application is a blockchain platform which runs on a decentralised software architecture that enables isolated medical and health data to be accessible by everyone securely and privately. The Application is also a personalised health management solution which includes features where Users can aggregate, organise and share medical records and health data, and receive tele-consultation via the Application (“Services”).
2 Registration
2.1 Registering Your Account
In order to access certain features of the Application, the underlying technology or software used in connection with the Application, the Services, and the information and content (including any design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance, and other materials provided, made available or otherwise) available on the Site and in the Application (collectively, the “DATA8 Properties”) you may be required to become a Registered User. For purposes of the Terms of Use, a “Registered User” is a User who has registered an account on the Site or has an account within the Application in the User’s mobile device (“Account”).
2.2 Registration Data
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least eighteen (18) years old. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorised use of your password or any other breach of security, and you shall exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DATA8 has the right to suspend or terminate your Account and refuse any and all current or future use of DATA8 Properties (or any portion thereof).
3 Use of the Services and DATA8 Properties
Subject to the Terms of Use, we grant you a limited license to reproduce portions of the DATA8 Properties for the sole purpose of using the Services for your personal or internal business purposes and do not transfer any intellectual property rights to you by virtue of permitting your use of the Application. Unless otherwise specified by DATA8 in a separate license, your right to use any DATA8 Properties is subject to the Terms of Use.
3.1 Application License
Subject to your compliance with the Terms of Use, DATA8 grants you a limited non-exclusive, non transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.
3.2 cHEART Software
The Software is embedded in the Application. Under no circumstances will we provide you with a tangible copy of our Software. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location. Subject to your compliance with the Terms of Use, DATA8 grants you a non-assignable, non-transferable, non
sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms of Use.
3.3 Content
You acknowledge and agree that the DATA8 Properties and any other content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion, recommendation or advice, nor is it a substitute for the same.
You are solely responsible to: (1) evaluate the quality, adequacy, completeness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Site, the Application and/or the Services; and (2) seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information. You agree that your use of the DATA8 Properties any other content are solely at your own risk.
3.4 Updates
You understand that the DATA8 Properties are evolving. As a result, we may require you to accept updates to the DATA8 Properties that you have installed on your computer or mobile device. You acknowledge and agree that we may update the DATA8 Properties with or without notifying you. You may need to update third-party software from time to time in order to use the DATA8 Properties.
3.5 User Obligations
By accessing the Site and/or Application and registering for access to the Services, you agree to abide by the following terms and conditions:
(a) you may only use the Site, the Application and/or the Services for lawful, non-commercial, internal, personal and medical purposes and not for any purpose that is illegal or prohibited by the Terms of Use;
(b) you are responsible for protecting the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Site, the Application and/or the Services;
(c) you will not post or transmit any material or information which is offensive, defamatory, obscene, false, inaccurate, misleading, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
(d) you may not attempt to gain unauthorized access to the Site, the Application and/or the Services, user accounts, computer systems or networks through hacking, password mining or any other means;
(e) you agree not to create an Account using a false identity or information, or on behalf of someone other than yourself, and you agree that you shall not have more than one Account at any given time;
(f) you agree not to post or transmit any unsolicited advertising or promotional materials;
(g) you will not infringe our intellectual property rights or those of any third party in relation to your use of the Site, the Application and/or the Services;
(h) you will not post or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and
(i) you accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.
Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your Account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Site, the Application and/or the Services.
3.6 Prohibited Activities
We may (but shall be under no obligation to) investigate if you have misused the Site, the Application and/or the Services, or behave in a way, which we regard as inappropriate, unlawful or illegal.
The following is a non-exhaustive list of prohibited activities which you shall not engage in with respect to the Site, the Application and/or the Services. We reserve the right to amend this list at any time. The prohibited activities include, without limitation:
(a) impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, the Application and/or the Services;
(b) expressing or implying that any statements you make are endorsed by us without our specific prior written consent;
(c) using any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from or in relation to the DATA8 Properties, or to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Application and/or the Services;
(d) "frame" or "mirror" any part of the Site, the Application and/or the Services, without our prior written consent;
(e) using any code or other devices containing any reference to us or the Site, the Application and/or the Services to direct persons to any other website and/or service;
(f) using the content contained in the Site, the Application and/or the Services for any illegal, fraudulent or harmful purpose;
(g) using the Site, the Application and/or the Services in any manner that could damage, disable, overburden, impair the operation of the Site, the Application and/or the Services, our servers or networks, or interfering with any other party's use and enjoyment of the Site, the Application and/or the Services, or violate any requirements, procedures, policies or regulations of such networks;
(h) tracing or attempting to trace information of any users of the Site, the Application and/or the Services to its source;
(i) exploiting the Site, the Application, the Services and/or the DATA8 Properties in any manner which compromises personal information belonging to other users of the Site, the Application and/or the Services;
(j) violating any laws; and
(k) publicly disseminate information regarding the performance of the Site, the Application and/or the Services, or access or use the Site, the Application and/or the Services for competitive analysis or benchmarking purposes.
4 No Warranties in relation to Medical Practitioners
4.1 The medical practitioners have warranted to us that they are registered with the Malaysian Medical Council, have a valid annual practising certificate, and are qualified to provide medical services. You may, in your sole discretion, select a medical practitioner of your choice based on your needs.
4.2 Notwithstanding anything contained in the Terms of Use, we do not:
(a) recommend or endorse any medical practitioners; and
(b) make any representations or warranties with respect to these medical practitioners or the ability of the medical practitioners to consult you and provide medical advice.
4.3 Without prejudice to the foregoing, you acknowledge and agree that:
(a) we do not provide medical advice, diagnosis or treatment, and we are only a platform provider for the provision of the tele-consultation services and all medical practitioners delivering services through the Application are solely responsible for the compliance of requirements applicable to the services each of them provides to you;
(b) all medical practitioners are independent contractors and we do not render the medical practitioners as an employee, agent and/or servant of DATA8;
(c) we do not assume any responsibility on behalf of the medical practitioners and are not in any way involved in the practice of medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by the medical practitioners; and
(d) your use and/or access of the Site, the Application and/or the Services, and/or providing health data or medical records through the Site, the Application and/or the Services do not create a healthcare provider-patient relationship between you and DATA8.
4.4 Except and unless otherwise set out in the Terms of Use, DATA8 is not involved in the arrangement between you and the medical practitioners and shall not be liable to either you or the medical practitioners in relation to any such consultation, medical advice or any medication prescribed by the medical practitioners. You must resolve any dispute between you and the medical practitioners (as the case may be) directly.
5 Consultation Fees
5.1 Even though the access to the Site and the Application are provided free of charge, charges will apply if you consult any medical practitioners or engage any other chargeable services available through the Site and/or the Application. Such charges will be entirely your responsibility. For the avoidance of doubt, the transaction and payment in relation to such consultation or other chargeable services will be between you and the medical practitioner who you have consulted.
5.2 You shall pay for the consultation fees as stated in the payment page before the consultation and in the event that medication is prescribed by a medical practitioner, you may, at your own cost, purchase the prescribed medication at the relevant pharmacy referred by the medical practitioner who you have consulted.
5.3 When you make payment through the payment gateway available on the Site and/or the Application, you acknowledge and agree that the payment gateway services are provided and operated by third party payment service provider engaged by us and all payments made via such payment gateway services are subject to the specific terms and conditions applicable to the payment gateway services imposed by the third party payment service provider in addition to the Terms of Use.
5.4 As the payment gateway services are not operated by us, any payment dispute or fraud in connection with the payment made via the payment gateway services will be referred to the relevant third party payment service provider. To the fullest extent permitted by law, we shall not be made responsible for any payment dispute, declined transaction or fraud not caused by us.
6 Cancellation or Refunds
6.1 Once an appointment has been made and a confirmation has been given to you, we will inform the medical practitioner who shall virtually provide consultation to you at the agreed time and mode provided at the time of making the appointment.
6.2 In the event of a cancellation initiated by you, you shall not be entitled to a refund once we have confirmed your appointment.
6.3 Notwithstanding the foregoing, we may, at our sole discretion, permit a full or partial refund in the following circumstances:
(a) if the medical practitioner becomes unavailable; or
(b) if an alternative medical practitioner is arranged to provide consultation. 6.4 For the avoidance of doubt, our decision in respect of the refund in this clause shall be final.
7 Acknowledgement in relation to Tele-Consultation
By accepting the Terms of Use, you acknowledge and agree that:
7.1 the details of your health data and medical records may be discussed during your tele consultation with the medical practitioners;
7.2 the tele-consultation services you receive from the medical practitioners are not intended to replace a primary care physician relationship or be your permanent medical solution. No results can be guaranteed or assured. You should seek emergency help or have a face-to-face consultation with a medical practitioner, where reasonably practical, before or soon after commencement of the tele-consultation, and continue to consult with your primary care physician and other medical practitioners as recommended;
7.3 all electronic communications are directed to the medical practitioners and their authorised users through a secure and encrypted interface;
7.4 the tele-consultation services may not be appropriate for a part of or all of your treatment needs and the medical practitioners may refuse to provide the requested tele-consultation services to you through the Site and/or the Application;
7.5 the tele-consultation services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency consultations, emergency advice whether written or oral, emergency healthcare procedures or any other emergency situations;
7.6 there are risks associated with the use of tele-consultation services which include without limitation the following:
(a) information transmitted may be insufficient (such as poor resolution of images) for appropriate assessment of any healthcare decision by the medical practitioners;
(b) treatment for patients who need to be personally examined may be limited,
(c) prescriptions or other treatment recommendations to patients whom the medical professional have not personally examined may be limited;
(d) delays in assessment or treatment due to failures of any electronic devices or equipment. In such event, you may be contacted by phone or other means of communication;
(e) a lack of access to all of your medical records which may result in adverse drug interactions or allergic reactions or other judgement errors; or
(f) security breaches which may result in the privacy of your health data or medical records being compromised.
7.7 DATA8 shall not be liable to you in any way for any malpractice or substandard treatment the medical practitioner may render to you or any minor for whom you are responsible.
8 Medical Records
8.1 All medical records generated pursuant to your use of the tele-consultation services will remain
the property of the healthcare facility where the medical practitioner is practising and you agree to give consent to us to make your medical records accessible to the medical practitioners in other healthcare facilities and any authorised users in the course of your access and use of the Site, the Application and/or the Services. We grant you a non-exclusive, non-transferrable and irrevocable right to access, use and share the information in your medical records.
8.2 You own all rights, title and interest in any health data which you manually input into the Application and/or provided by you through the Site, the Application and/or the Services. You agree to grant DATA8 a non-exclusive, non-transferable and revocable right to access and use your health data in the course of your access and use of the Site, the Application and/or the Services.
8.3 You acknowledge and agree that the accuracy of your health data captured using any wearables depends on the functionality and technology of the devices which you use. You shall have the sole responsibility for and assume all risk arising from your choice and/or use of such wearables, and you acknowledge and agree that we shall in no event be liable for any inaccuracy of your health data stored in the Site and/or the Application.
9 Ownership
9.1 DATA8 Properties
The intellectual property rights in relation to the Site, the Application, the Services and the DATA8 Properties are owned by DATA8. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Application, the Services, or the DATA8 Properties.
9.2 Trademarks and other related graphics, logos, service marks and trade names used on or in connection with the DATA8 Properties or in connection with the Site, the Application and/or the Services are the trademarks of DATA8 and may not be used without permission in connection with any third-party products or services, as the whole or part of your own trademarks, in manner which may be confusing, misleading or deceptive, or in a manner which disparages DATA8, the DATA8 Properties, or our products and services. Other trademarks, service marks and trade names that may appear on or in the DATA8 Properties are the property of their respective owners.
9.3 Certain Restrictions
The rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the DATA8 Properties or any portion of the DATA8 Properties; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of DATA8 Properties; and (c) except as expressly stated herein, no part of DATA8 Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any
future release, update or other addition to the DATA8 Properties shall be subject to the Terms of Use. DATA8, its suppliers and service providers reserve all rights not granted in the Terms of Use. Any unauthorised use of the DATA8 Properties terminates the licenses granted by us pursuant to the Terms of Use.
9.4 Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, contest, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant DATA8 the rights to use, reproduce, perform, display, distribute, adapt, modify, re
format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
10 Privacy
By creating an Account and registering for the Services, and/or downloading, installing, and/or using the DATA8 Properties, you acknowledge and agree that your personal data and data relating to your use of the DATA8 Properties will be processed by DATA8 in accordance with DATA8’s Privacy Policy available in the Site and/or the Application.
11 Links to Other Sites
11.1 The Site and/or the Application may contain links to other websites (“Linked Websites”) that do not belong to or are not maintained by us. Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. For more information about the content or privacy practices of the Linked Websites, please visit the Linked Websites for the applicable terms of use and privacy policy.
11.2 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.
12 Indemnification
You agree to indemnify and hold DATA8, its affiliates, officers, employees, agents and partners harmless from any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of: (a) your use of, or inability to use, DATA8 Properties; (b) your violation of the Terms of Use; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations.
13 Disclaimer
13.1 The Site, the Application, the Services and/or the DATA8 Properties are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, you release us from all liability for you having acquired or not acquired the DATA8 Properties through the Site, the Application and/or the Services. We make no representations concerning any DATA8 Properties contained in or accessed through the Site, the Application and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site, the Application and/or the Services. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Site, the Application and/or the Services.
13.2 Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Site, the Application and/or the Services, including without limitation any warranties that the Site, the Application and/or the Services are/is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need. We do not guarantee that you will be able to access or use the Site, the Application and/or the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by Users of the Site, the Application and/or the Services or any other data or information provided or received through the Site, the Application and/or the Services. Except as expressly set forth herein we make no warranties about the Site, the Application and/or the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Site, the Application and/or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Site, the Application and/or the Services are/is free of computer viruses, contaminants or other harmful items.
14 Limitation of Liability
To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from or in connection with your use of, or inability to use the Site, the Application and/or the Services including without limitation bodily injury, emotional distress, and/or any other damages resulting from your use of any information, suggestion or advice provided to you by a medical practitioner, or communications or meetings between or amongst you, any minor for whom you are responsible, and any medical practitioners, members or any other persons you meet through the Site, the Application and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses even if we knew or should have known of the possibility of such damages.
In the event we are liable under the Terms of Use, our maximum and cumulative total liability to you (or to any third party claiming under or through you) in respect of any and all claims, damages and/or losses, howsoever arising under the Terms of Use shall, to the maximum extent permitted by law, not exceed the amount paid by you to the medical practitioner on the occasion which gave rise to the cause of action.
15 Terms and Termination
15.1 Terms
The Terms of Use commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you access or use the Site, the Application, the Services and/or the DATA8 Properties, unless terminated earlier in accordance with the Terms of Use.
15.2 Termination of Services by DATA8
DATA8 has the right to, immediately suspend or terminate the access granted to your Account and/or any Services provided to you, if you have materially breached any provision of the Terms of Use. You agree that all terminations for cause will be made in DATA8’s sole discretion and to the maximum extent permitted by law, DATA8 shall not be liable to you or any third party for any termination of your Account.
15.3 Termination of Services by You
If you want to terminate the Services provided by DATA8, you may do so by either (a) notifying us at any time. Your notice should be sent, in writing, to hello@cheart.io (b) closing your Account for all of the Services that you use.
15.4 Effect of Termination
Upon termination of any Service, your right to use such Service will automatically terminate immediately. Termination of any Service includes removal of access to your Account, the Services and barring of further use of the Application. Termination of all Services also includes deletion of your password and all related information and files associated with or inside your Account (or any part thereof). Any provisions in the Terms of Use which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your Account.
15.5 No Subsequent Registration
If your registration(s) with or ability to access the Site, the Application, the Services and/or the DATA8 Properties is discontinued by us, you agree that you will not attempt to re-register with or access the Site, the Application, the Services and/or the DATA8 Properties or any cHEART community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, DATA8 reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein.
15.6 International Users
DATA8 Properties are controlled and offered by DATA8 from Malaysia. DATA8 makes no representations that the DATA8 Properties are appropriate or available for use in other locations.
16 Maintenance
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Site, the Application and/or the Services, which may temporarily degrade the quality of the Site, the Application and/or the Services or result in a partial or complete outage of the Site, the Application and/or the Services. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Site, the Application and/or the Services.
17 Miscellaneous
17.1 Entire Agreement
The Terms of Use constitutes the entire agreement between you and DATA8 relating to your access to and use of the Site, the Application, the Services and the DATA8 Properties.
17.2 Severability
If any of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
17.3 Governing Law
The Terms of Use shall be governed by the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction.
17.4 Non-waiver
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
17.5 Headings
The headings in the Terms of Use are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of the Terms of Use or any terms or conditions therein.
17.6 Non-assignment
You may not assign, transfer or sublicense the Terms of Use to anyone else and any attempt to do so in violation of this clause shall be null and void.
