MediDent Mobile App Terms and Conditions of Use

Introduction and Terminology

Welcome to the MediDent App; a software application (the "Application") provided by Universal Medi-Dent Sdn. Bhd herein after referred to as “MediDent”.

By downloading and/or using the Application, you agree that you have read and understood the following Terms of Use (the "Terms") and agree to be bound thereto. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE AND REFRAIN FROM ANY FURTHER USE AND/OR ACCESS TO THE APPLICATION. When using or accessing the Application, you agree that you will comply with any applicable third-party terms of agreement and any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into these Terms. These Terms are between you and MediDent.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer notice, and any or all Agreements: "Client", "You" and "Your" refer to you, the person accessing this Application and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us" refer to our Company. "Party", "Parties" or "Us" refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether through formal meetings of a fixed duration, or by any other means, with the express purpose of meeting the Client's needs in terms of providing the Company's declared services / products, in accordance with and subject to applicable laws of Malaysia. Any use of the above terminology or other words in the singular, plural, capital letters and/or plural, and/or these terms, is considered interchangeable and therefore a reference to them.

Using our Services

You shall adhere to all policies made available to you within the Services. Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend and/or stop providing our Services to you if you do not adhere to our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or to the content you access. You may not use content from our Services unless you have obtained written permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.

Our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Software and Hardware in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

The Services may include hardware to upload personal health vital data from your medical devices to smart clients ("Hardware"), mobile applications to be installed on your smart clients to receive your personal health vital data from your medical devices ("Mobile app(s) ") and other services that are offered by MediDent. You agree to upload, retrieve, store, or share your health data, including but not limited to physiological data and self-monitored data ("Health Data") in order to enjoy the services.

User Accounts, Registration and Data Privacy


Data Collection

You agree that MediDent reserves the right to collect and store your health data, including but not limited to physiological data and self-monitored data ("Health Data"). You also agree that MediDent has the right to share your Health Data to third parties, such as insurance providers, medical institutions, or other service providers ("Health Service Providers" or "Third Parties") to enjoy additional services if any. The parties you choose to share data with may be able to provide different services based on your Health Data; however, you are solely responsible for any actions you choose to take after receiving those services. You will need to decide whether you can trust the services or information provided by Third Parties and accept the risks associated with your decision.

  • Log Files - We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
  • Cookies - Like most interactive Applications, this Company’s Application may use Application cookies to enable us to retrieve user details for each visit. Application cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use Application cookies.
  • Links to other Application - Our Service may contain links to third-party web sites or services that are not owned or controlled by MediDent.
    • MediDent has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The opinions expressed or material appearing on these Applications are not necessarily shared or endorsed by us and should not be considered as the publisher of such opinions or material. Please note that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites.
    • You should evaluate the security and reliability of any other site linked to or accessed through this site before disclosing any personal information to them. This company will not accept any liability for any loss or damage, in any manner whatsoever, regardless of the cause, resulting from your disclosure of personal information to third parties.
    • You further acknowledge and agree that MediDent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
  • Links to this Application - You may not create an App link to this Application without our prior written consent. If you create an App link to this Application, you do so at your own risk and the exclusions and limitations set out above apply to your use of this Application.

Security

You are responsible for maintaining the confidentiality of any password or username provided to you to access the Application and are responsible for all interaction with the Application that occurs with that password or username. You agree to immediately notify MediDent of any unauthorized use of your password or username and any breach of security relating to your account. You also agree to use biometric login service (Fingerprint & Facial recognition) to access the MediDent App (if your phone supports the service) or when this service is made available to you. If persons other than you have their fingerprints or face IDs registered in your Phone, such persons will be able to access the MediDent App on your Phone, including your accounts with us. You understand and are aware of the need to take all reasonable steps to ensure and prevent any unauthorised and/or fraudulent use of your Phone at all times. You agree that you shall not allow any fingerprint(s) or face ID(s) belonging to any one besides you from being registered in your Phone or to allow such fingerprint(s) or face ID(s) besides your own fingerprint or face ID to be used to access the MediDent App on your Phone. You also acknowledge that the authentication is performed by the MediDent App by interfacing with the Apple iOS or Android OS authentication module and that you agree to the authentication process. MediDent will not be liable for any loss or damages resulting from the above.

Privacy Statement

We are committed to protecting your privacy. MediDent’s privacy policies explains how we manage your personal data and protect your privacy when you use our Services. By using our Services, you agree that MediDent can use your data in accordance with our privacy policies. Only authorized employees within the company, who in the course of their duties, can access and use information collected from individual customers.

We are constantly reviewing our systems and data to ensure the best possible service to our customers. Government authorities have created specific offences for unauthorized actions against computer systems and data. We will investigate such actions with a view to bringing legal action and/or civil action for damages against those responsible.

Disclosure and Monitoring

You agree that MediDent reserves the right to monitor submissions and disclose to any third party any submissions and the circumstances surrounding its transmission for whatever reasons.

Acceptable Use and Relationship


Information Submitted

You represent that any information that you submit is true, accurate and complete and MediDent may terminate your use of the Application if any information you provide is false or inaccurate.

Responsibility and Acknowledgement

You agree that you are responsible for all the charges and costs related to your use of this Application. MediDent does not guarantee that the Application will be error or virus free, always available and invulnerable to unauthorized users.

Relationships

By the use of this Application, there is no relationship whatsoever intended or created between you and MediDent or any other party, be it of Agency, Joint Venture, Employee-employer; or Franchiser-franchisee, etc.

Fees and Payment


Purchases

If you wish to purchase any product and/or services made available through the Service ("Purchase"), you may be asked to furnish certain information related to your Purchase.

Subscriptions

Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance. This service is separate from the Insured Client Program.

Intellectual Property

MediDent licenses you a personal, Malaysia-wide, royalty-free, non-assignable and exclusive right to use the software provided to you by MediDent as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MediDent, in the manner permitted by these terms. This license is granted for personal use only and not for any commercial use. You shall not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission. MediDent is the rightful owner of this Application and is protected by all applicable intellectual property laws. You shall not facilitate any other party to commit any infringement against this Application with regards to the provision of above laws.

Disclaimer of Warranties


Exclusions and Limitations

The information contained on this Application is provided on an " as is " basis. To the fullest extent permitted by law, this company:

  • excludes all representations and warranties with respect to this Application and its content or that are or may be provided by affiliates or any other third party, including with respect to any inaccuracy or omission in this Application and/or the Company's documentation; and
  • excludes any liability for damages arising out of or in connection with your use of this Application. MediDent, and MediDent’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, punitive damages or damage caused to your computer, computer software, systems and programs and data relating thereto or any other direct or indirect, consequential or incidental damages.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Limitation of Liability

MediDent shall not be liable in any form for any transactions or disputes between you and any other parties arising out of the use of this application or otherwise.

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 MediDent and its affiliates, officers, 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 attorneys' fees

No Medical Advice

MediDent app does not offer any medical or dental advice or diagnosis, or act as a substitute for the advice and expertise provided by a medical or dental practitioner. The service offered by MediDent is served for informational purpose only. For further advice, diagnosis and any medical or dental treatment, please seek advice from the relevant medical/dental practitioner. You agree that you are solely responsible for any decisions or actions you take based on the information provided after enjoying the service from MediDent. Reliance on any information provided by the service is solely at your own risk and discretion.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Fees and Payment

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop an aspect of the Service altogether.

MediDent reserves the exclusive right to suspend and/or terminate your use of the Application without having to assign any reason thereto.

Governing Law and Jurisdiction

You agree that these Terms shall be construed in accordance with the laws of Malaysia. Any claim or dispute arising in connection with your use of the Application shall be brought exclusively in the courts of Malaysia. Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the cause of action or claim arises. MediDent's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and MediDent nor any trade practices shall act to modify the Terms. MediDent may assign its rights and duties hereunder to any third party at any time without consent or notice to you.

About these Terms

We reserve the exclusive right to revise/amend these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. If a revision is material, we will try to provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We will post notice of such revisions/amendments to the terms and conditions of this Agreement. Such changes will become effective no sooner than 7 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and any additional terms, the additional terms will supersede and have legal binding effect.

These terms control the relationship between MediDent and you. They do not create any third-party beneficiary rights.

If you do not comply with these terms, and we don’t act right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Contact Us

If you have any questions about these Terms, please contact us at enquiries@medident.my.