Terms Of Use

This website (“Site”) is owned and operated by MIMS Medica Sdn Bhd (“We” or “MIMS”). Reference to the Site is deemed to include derivatives thereof, including but not limited to websites and applications, whether accessed by mobile phone, tablet or other devices. Please read this Terms of Use (“Terms of Use” or “Terms”) carefully as these Terms govern the use of the Site. Please note that you shall be deemed to have agreed to the Terms of Use, the Privacy Policy and other provisions prescribed by MIMS once you start using this Site or by registering as a User. If you do not agree to these Terms, you must not use our Site.

This Terms of Use should read in conjunction with the Privacy Policy on our Site. We recommend that you print a copy of these Terms for future reference.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our Site from time to time to reflect changes to our products and/or services, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

OUR SITE IS ONLY FOR USERS IN MALAYSIA

Our Site is directed to people residing in Malaysia. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

LICENSE TO USE THE SITE

MIMS grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use this Site only as expressly permitted in this Terms of Use. You shall not interfere or attempt to interfere with the operation of this Site in any way through any means or device including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms or by law.

HOW YOU MAY USE MATERIAL ON OUR SITE

We own the copyright in the content published on the Site except where otherwise indicated by a third party’s proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Site as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers.

All other use is otherwise prohibited and no part of this Site may be reproduced in any language, stored in or introduced into a retrieval system, or transmitted, in any form or by any means, without the prior written permission of MIMS.

Copyrights in the texts, images, videos, music, voices and programmes configuring the Site shall belong to MIMS.

You shall not reprint, replicate, analyze, modify, translate, lease, sell, distribute or create derivative works in connection with the rights set out in the preceding paragraph without the approval of MIMS or the author.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

MIMS PUBLISH THE SITE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE SITE, AND/OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIMS ALSO EXPRESSLY DISCLAIM ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING, SUFFERED BY ANY SUCH PERSON BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, THE INFORMATION CONTAINED IN THIS SITE.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

PROHIBITED USES

You may use our Site only for lawful purposes. You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms of Use
• Not to access without authority, interfere with, damage or disrupt:

• any part of our Site;

• any equipment or network on which our Site is stored;

• any software used in the provision of our Site; or

• any equipment or network or software owned or used by any third party.

OUR TRADE MARKS ARE REGISTERED

Our trade marks are registered with applicable law. You are not permitted to use them without our approval.

COMPENSATION FOR DAMAGE

If you breach the Terms of Use, MIMS may seek damages, an injunction, or any other claim against you.

GOVERNING LAW

This Terms of Use shall be governed by the laws of Malaysia. All disputes, arguments or disagreements arising out of or in connection with this Terms of Use shall be referred to and finally resolved by arbitration in Kuala Lumpur in accordance with the arbitration rules of the International Chamber of Commerce. The arbitration proceedings shall be in English, and the number of arbitrators shall be one (1) arbitrator.