- GENERAL
1.1. This Agreement between you and Pantai Medical Centre Sdn Bhd governs all the transactions with respect to your access and usage of GlenPlus through the Apps and/or through its authorized third-party websites. This Agreement forms an integral part of GlenPlus and anything that is directly related to GlenPlus including and unlimited to all the promotional platforms i.e. prints, digitals, on-air, online and other related platforms.
1.2. By accessing, using, browsing and downloading the Apps, you agree to be bound by all of the terms and conditions in this Agreement and any other terms or policies (which may be amended from time to time) as decided and published by the Hospital. Any services provided by the Apps which do not require registration do not absolve you of the contractual relationship established by this Agreement.
- DEFINITIONS
For the purpose of this Agreement, wherever the context so requires the terms:
- a) ‘Apps’ or ‘GlenPlus’ refers to an online platform service accessible through domain or mobile applications.
- b) ‘user’ / 'you' / 'your' / ‘member’ refers to the registered user who is using and/or browsing through the Apps and/or through its authorized third-party websites.
- c) ‘patient’ refers to a person receiving or registered to receive medical treatment at the Hospital.
- d) ‘we’ / ‘us’ / ‘our’ / ‘Hospital’ refers to the Pantai Medical Centre Sdn Bhd.
- e) ‘services’ refers to all services provided through the GlenPlus.
- ELIGIBILITY AND MEMBERSHIP APPLICATION
3.1 The usage of the Apps is restricted to only those above 18 years of age.
3.2 To be a member of the GlenPlus, user must complete a mandatory online registration form published in the Apps. User must provide full and accurate information, create a Username and Password and agree to comply with this Agreement.
3.3 Member’s account will be activated when the member’s identity is successfully verified by the Hospital.
3.4 Username is specific to the member. Password is known only by the member and may at any time be changed at the member’s sole discretion.
3.5 Member is solely responsible for protecting the confidentiality of their username and password and any activity under the account will be deemed to have been done by the said member. In the case that the member provides the Hospital with false and inaccurate details, the Hospital reserves the right to suspend the said member's account and/or terminate this Agreement without being held liable for the same. The Hospital shall in no event be held liable for errors/problems that may arise out of the member’s mistake.
3.6 Member who forgets his/her password will be directed to I forgot my password section and will be asked to complete the security steps for identification of his/her new password. Upon successful completion of the security steps, the member identifies his/her new password, and thereafter, the new password will be valid for use each time the member enters the Apps.
3.7 Member is solely responsible for the personal information, medical, health and other health-related data, if any, that the member provides in the GlenPlus.
- PROVISIONS OF USE
4.1. All patient’s documents and/or reports accessible through the Apps are copies generated from existing records kept by the Hospital and are owned by the Hospital. The Apps has been prepared in order to facilitate the access by members of patient’s documents and/or reports and their personal data kept and available in the Hospital for purposes of diagnosis, treatment and management of the patient at the Hospital. However, the Hospital does not give any explicit or implicit warranty as to integrity, accuracy or up-to-dateness of data and information or any kinds of documents contained in the Apps. The documents contained in this Apps may be used officially only if and after they are approved and confirmed by the Hospital.
4.2 The member hereby acknowledges that the member has obtained all of the required consents and permissions from third parties/patients designated by himself as a dependent in the Apps for inspecting, reviewing, and if needed, downloading and controlling the documents and/or reports contained in the Apps in relation to the third parties/patient, and the member has not ever infringed the rights of third parties/patient by any means whatsoever. The member will bear full responsibilities arising out of the use of the Apps. The member shall be authorized to see and access to only the documents, information and reports contained in the Apps relating to third parties/patients designated by himself as a dependent in the Apps only if and when such third parties/patients give the legally required consent for the said access. In the event that the member does not have the required authorization or exceeds the limits of the said authorization and therefore the Hospital incurs any direct or indirect damages and losses hereunder, then, the member hereby declares, agrees and undertakes to indemnify and hold the Hospital harmless from all kinds of such damages and losses. The member hereby represents and warrants that the member shall be liable to protect its right of access to the Apps from use by unauthorized third parties, and that the member will not enter into areas he is unauthorized, or otherwise, the member hereby declares, agrees and undertakes to indemnify and hold the Hospital harmless from all kinds of such damages and losses that may be incurred by the Hospital in relation therewith
4.3 The member may in no case publish or use any one of the documents, reports and/or contents contained in the Apps on his own web site and/or in web site of a third party or in any other channel whatsoever, apart from the permitted use stated in Clause 4.1 above or with our written consent. If the Hospital incurs any direct or indirect damages and losses hereunder due to breach of this obligation by the member, then, the member hereby declares, agrees and undertakes to indemnify and hold the Hospital harmless from all kinds of such damages and losses immediately upon first demand of the Hospital without any further notice or warning.
4.4 The member hereby accepts that the Hospital has not ever represented or warranted that the existing files uploaded to the Apps have already been freed from viruses, worms, Trojan horses or such other malwares or damaging codes or materials. It will be entirely in the responsibility of the member to meet all software and hardware needs and requirements as and when required for electronic devices held in his possession and/or used for prevention of such malwares or damaging codes or materials, or for accuracy of data entries and exits, or for recovery of any missing data, and also to maintain, revise and update such software and hardware when needed. The Hospital may in no event be held liable for any damages or losses that may be suffered by the member or by third parties due to such malwares or damaging codes or materials, data mistakes or losses. The Hospital hereby agrees and undertakes to keep all files uploaded therein in strict confidence, unless otherwise permitted by the member.
4.5 The member hereby accepts to assume full responsibilities and risks arising out of use of the Apps. The Hospital is providing the Apps and all of its contents AS IS, and does not give any direct or indirect, explicit or implicit warranties about the Apps or as to any types of use of the Apps or any one of its contents or elements or any services or information given through the Apps.
4.6 With regard to use of the Apps, the member hereby agrees and undertakes:
- a) not to change, replace or delete the Apps contents and any materials or items included in the contents of the Apps, and to assume full responsibilities and risks of all files and dossiers added or inserted by the member himself into the Apps; and
- b) to use the aforesaid materials only for the original intentions of use of them, and not to use his own profile and/or other profiles added by him for personal purposes and motives in any manner or style whatsoever; and
- c) not to use the Apps or its communication features by any method or in such manner that may restrict or prevent the access of other member to the Apps' resources.
4.7 The services available on the Apps shall be provided to you via online. Please ensure that you are equipped with proper internet connectivity for the service you want to avail
- COOKIES
5.1 GlenPlus uses “Cookies”. Cookies are small data files on your web browser. These are used for the purpose of storing your preferences previous activities browsing activities, profiling and tracking behaviour on the Apps. By visiting the Apps you acknowledge, accept and expressly authorize the Hospital for the placement of Cookies on your web browser.
- USE OF CONTENT & COPYRIGHT
6.1 The Hospital owns and where applicable the license for the Apps as well the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein. You shall not use the content available on the Apps without our prior written permission. All title and intellectual property rights in and to the content which may be accessed by the member through the authorized third-party websites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws. This Agreement grants you no rights to use such content. The Hospital shall not be responsible for your misuse of the third-party websites and if the Hospital incurs any direct or indirect damages and losses hereunder due to the misuse by the member, the member hereby declares, agrees and undertakes to indemnify and hold the Hospital harmless from all kinds of damages and losses.
- PRIVACY AND SECURITY
7.1 We use secure encryption technology to keep your information safe and secured at all time. We are committed towards maintaining the privacy of the information uploaded into the Apps and complies with the industry standard security safeguards for the purpose of securing the Apps and the information provided/uploaded into the Apps. Even so, we do not give any direct or indirect, explicit or implicit warranties or guarantees of the total security on the use of the Apps and that the member hereby accepts full responsibilities and risks on the use of the Apps by the member
7.2 Consent to Use and Disclosure of Personal and Sensitive Information
7.2.1 You authorize the Hospital to collect, use, process, retain for a long term period, disclose, release and/or destroy the medical information and records which may include patient’s personal and sensitive data (“Medical Information”) including and unlimited for the foregoing purposes:
- for the purpose of providing the services and other reasonably related purposes, such purposes are set out in the IHH Healthcare Malaysia Personal Data Protection Notice.
- the release and receive of documentation of services by any registered medical practitioners, registered dental practitioners, registered nurses, registered medical assistants, technologists or other healthcare staff and made in accordance with the Private Healthcare Facilities and Service (Private Hospitals and Other Private Healthcare Facilities) Regulations 2006 on the patient to the healthcare professional attending to the patient (including consenting to the healthcare professional having access, inspecting and making relevant copies of the Medical Information);
- the disclosure of the patient’s Medical Information whenever and to whomever the law or a court order may require and relevant name and details to the supplier of the Hospital if it is required by the law and/or authorities that the end-user consuming the medicine/ drug/ equipment must be recorded;
- so long as any part of cost remains unpaid, you consent and authorize the Hospital to make use of, to disclose and/or publish any information relating to the debt in such a manner and to such extent as the Hospital shall from time to time consider necessary, without further notification to you to any parties including credit reporting agencies / credit data management company operating in Malaysia, the auditors, solicitors and other professional advisors of the Hospital, any third party if required by law, regulation or by-law, subpoena, court order or other legal process;
- to enable the Hospital to respond to the request for Medical Information which may include the personal data and sensitive information of the patient in accordance to the Hospital’s internal policy and practices which shall be in compliance with the Personal Data Protection Act 2010 and its regulations;
- to release your personal data including but not limited to your name, age and contact details if required to do so by the Hospital including the company that the Hospital has engaged to conduct any survey on the performance of the Hospital’s services. You understand that that the survey company may contact and proceed to enlist your feedback on areas of service and quality received.
You could withdraw your consent for the aforementioned purposes at any time you wish by notifying the Hospital in email to: my.ihh.dpo@ihhhealthcare.com; or in writing to Data Protection Officer at IHH Healthcare Malaysia, Pantai Medical Centre Sdn Bhd, Level 6, Block A, Pantai Hospital Kuala Lumpur, 8, Jalan Bukit Pantai, 59100 Kuala Lumpur. You agree to discharge and release the Hospital of any liability whatsoever and reimburse and indemnify the Hospital against any action, claim, suit or proceedings which may be brought by any person or third party against the Hospital releasing the Medical Information to the recipient in accordance with the authorization herein.
7.3 You further confirm that all personal data that you have provided are all true, up-to-date and accurate. Should there be any changes to any of your personal data, you shall notify us immediately.
8.INDEMNITY
8.1 You agree to indemnify, defend and hold harmless the Hospital from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this Agreement, or your violation to the use of the Apps.
9.DISCLAIMER & LIMITATION OF LIABILITY
9.1 The Apps, services and other materials provided by this Apps are on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
- (a) your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
- (b) materials, information obtained and results will be effective, accurate or reliable;
- (c) any errors or defects in the Apps, services or other materials will be corrected.
9.2 We will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.
9.3 In no event shall the Hospital be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of the GlenPlus services.
9.4 The Hospital is not a party to any civil or criminal case or action that may arise out of the member use of the Apps nor may the Hospital be directly or indirectly held liable for damages, losses, costs or any other claims that may arise out of acts or omissions of the member or third parties.
- USERS UNDERTAKING
10.1 You understand that the Apps is a platform for users to utilise the services provided therein. You acknowledge that you understand and agree that the content on the Apps is general in nature and summarized and is provided for informational purposes only. The content of the Apps, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind. Reliance on any content provided on the Apps or any links is solely at your own risk. We reserve the right to change or discontinue, at any time, any aspect or feature of the Apps.
- FORCE MAJEURE EVENTS
11.1 Force majeure events term shall be construes as the events which are beyond the control of the Hospital and cannot be prevented by the Hospital in spite of showing great care and due diligence, including, but not limited to, natural disasters, strikes, communication problems, infrastructural and internet failures, system improvement or renewal works and failures resulting therefrom, power outage, and bad weather conditions, in addition to and beside the force majeure events depicted in the applicable laws. Upon occurrence of events legally considered and treated as force majeure events, the Hospital will not be liable to perform its duties and obligations arising out of this Agreement, and will in no case be held liable at any level or in any form on the ground of late or incomplete performance of its contractual obligations in full or in part. Member hereby declares, agrees and undertakes not to raise any claim against the Hospital under any name whatsoever by alleging any such causes or events.
- GOVERNING LAW
12.1 This Agreement shall be governed by and construed in all aspects in accordance with the law of Malaysia and the parties hereto hereby submit to the jurisdiction of the courts of Malaysia
- NOTICES
Any notice served vide A.R. Registered and/or Post Registered and/or email to the member or the Hospital shall be valid and binding.
- MODIFICATION
14.1 The Hospital may at any time, without any prior notification to you, modify any of the term of this Agreement.
14.2 Please review the latest version of this Agreement before proceeding to avail the service of GlenPlus. If you continue to use the service, it shall be deemed that you agree and abide by the modified terms and conditions, if any
- TERMINATION OF AGREEMENT
15.1 This Agreement may be terminated by either party at any time, with or without cause, nonetheless the Hospital reserves the rights to claim for due payments, if any.
15.2 Without prejudice to our other rights under this Agreement, we have the rights to take any action as we deem appropriate if you do not comply with this Agreement. We may terminate the Agreement or restrict, suspend or terminate your access to the Apps at our sole discretion without notice at any time or if we determine that your use of the Apps violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the service or harms our interests or those of another user of the service or of a third-party.
- MISCELLANEOUS
16.1 If any provision or terms of this Agreement is found to be void or unenforceable then it shall be severed to the extent of such invalidity or unenforceability. Severance shall not affect any other provision of this Agreement.
16.2 Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
16.3 The Hospital may in its sole discretion and at any time transfer or assign this Agreement in full or in part to third parties without any prior notice. The member may not transfer or assign this Agreement or any part of it to third parties