Terms of Use
Definitions
“Portal” means www.qodify.life.
“Services” means the services available on the Portal.
“You/Your” refers to you, the end user of the Portal.
“Terms & Conditions” means these Terms and Conditions of Use and future amendments hereto.
“HPM Content” means all content available on the Portal, including but not limited to all text, images, data, software applications, logos and publications accessible via the Portal developed or owned by HPM.
“Third Party Content” means public and private and/or third party data, applications or materials not developed or owned by HPM.
“Content” means “HPM Content” and “Third Party Content”.
“HPM” means Healthpro Marketing Sdn Bhd (1420730-X) (HPM), a company incorporated under the laws of Malaysia and having its registered address at 43, Jalan SS2/3, 47300 Petaling Jaya, Selangor, and reference to HPM may include its subsidiaries, affiliates and parent companies.
Acceptance of Terms & Conditions
By visiting the Portal, you are deemed to have accepted these Terms & Conditions governing the use of this site and Your access to the Content herein.
You acknowledge HPM reserves the right to revise these Terms & Conditions at any time. HPM will post the latest version of these Terms & Conditions via the Portal. At all times the latest version of these Terms & Conditions accessible via the Portal shall be binding and shall supersede any other version.
If You do not accept the Terms & Conditions, please discontinue Your use of the Portal immediately.
Use of the Portal
Your use of the Portal allows You to access the Content. You may print out copies of the Content for private and individual use only, but You may not remove any copyright, trademark or other proprietary notices forming any part of the Content.
You are solely responsible for the use of the Content and agree to fully indemnify HPM against any claims, demands or damages arising out of Your use or misuse thereof.
You agree that You may not attempt to override or circumvent any of the usage or other rules embedded into the Portal.
You agree that Your use of the Portal and the Content or any part thereof will not infringe, breach or violate the legal rights of any other party.
In addition to the above, you also agree to comply with any other applicable laws relating to the use of the Content Your jurisdiction.
Content in the Portal Does Not Constitute Medical or Professional Advice
The Content, which includes all medically related information, is for informational purposes only. Please confirm all Content provided in the Portal with Your physician and healthcare provider, as well as with other sources. HPM does not guarantee or warrant the recommendation, diagnosis, therapy, treatment, medication, device, action or strategy of any person mentioned throughout or in relation to the Content.
The Content is for informational purposes only and is not intended as a substitute for, nor does it replace, any professional medical advice, diagnosis, or treatment. Do not avoid, disregard or delay seeking and obtaining medical advice from qualified healthcare providers due to information which You may have read in the Content. The Content is strictly not to be used for any emergency medical needs. Should You experience any medical emergency, immediately call Your physician or healthcare professional.
Intellectual Property & Proprietary Rights
HPM retains sole and exclusive ownership of the HPM Content, including all intellectual property and proprietary rights, title and interests subsisting therein.
You agree not to remove any copyright, trademark, or other proprietary notice forming part of the Content or exploit any part thereof without the express permission from HPM in respect of the HPM Content, and the relevant third party in respect of the Third Party Content.
All components of the HPM Content and Third Party Content are proprietary to HPM or to the said third parties as the case may be, and except as expressly permitted above, you may not use, redistribute, sell, decompile, reverse engineer, disassemble, translate or otherwise deal with the Content.
Third Party Content
HPM does not in any way control or endorse the Third Party Content.
As such, HPM shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files, data and information forming part of Third Party Content and HPM is not in a position to ensure that You will be satisfied with the same or that it will meet Your specific requirements.
You are solely responsible for the use of Third Party Content and agree to fully indemnify HPM against any claims, demands or damages arising out of Your use or misuse thereof.
Disclaimer of Warranty & Limitation of Liability
HPM makes no warranties of any kind regarding the Content. Specifically, HPM does not warrant that the Content is free from faults or defects.
The Content is provided “as-is” without warranty of any kind, either express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the fullest extent permitted by law. The entire risk arising out of use of the Content is borne by You.
While HPM uses all reasonable best efforts to provide the Services, You hereby acknowledge that some functions of the Portal may not perform as expected or at all. HPM does not warrant or guarantee that the functions performed will be uninterrupted, timely, secure, or error-free or that any information, data, computer program and/or other Content available at the Portal will be free of any viruses, worms, trojan horses or any other destructive properties, and will not contain any objectionable materials or materials deemed objectionable by some individuals.
Accordingly, in no event will HPM be liable for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption and loss of data/information), or any other damages arising out of the unavailability, use, reliance on, inability to utilise or improper use of the Content, even if advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise.
You agree to defend, indemnify, and hold harmless HPM, its affiliates and their respective officers, directors, employees, agents, and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against HPM by any third party arising out of or related to Your violation of these Terms of Use. HPM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of HPM may be made without HPM’s prior written approval.
Miscellaneous
- This Agreement shall be governed by and construed in accordance with the laws of Malaysia and You agree to submit to the exclusive jurisdiction of the courts of Malaysia. By Your use of this site and acceptance of these Terms & Conditions, you expressly agree to waive any objection as to choice of law or forum on any legal or factual grounds whatsoever. All disputes arising out of or in connection with these Terms & Conditions may, at the option of HPM be referred to arbitration in lieu of the above, in which case the choice of law shall be Malaysian law, to be conducted in the English language at the KL Regional Centre for Arbitration.
- These Terms & Conditions constitute the entire agreement between You and HPM and governs Your use of the Service, superseding any prior agreements between You and HPM with respect to the Service.
- The failure of HPM to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
- You agree that Your HPM account, if any, is non-transferable and any rights to Your HPM usernames and passwords, information and/or Contents within Your account terminate upon Your demise.
- HPM’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any part of these Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms & Conditions shall continue in effect.
