1.2. The domain name myhivtest.my (hereinafter referred to as ‘Website’) is owned by SPD Scientific (M) Sdn Bhd (hereinafter referred to as ‘Company’).
1.3. For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person visiting the Website by entering the domain name in any internet browser. Any services provided by the Website which do not require registration do not absolve You of the contractual relationship established by this Agreement.
2.1. The membership/ usage of the Website is restricted to those above 18 years of age, or to such group that can be termed to have attained ‘majority’ under the laws of the respective jurisdictions where this Website can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
2.2. Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details, We hold the rights to suspend Your account and/ or terminate this Agreement without being held liable for the same.
3.2. The use of this Website is also Your consent to receive communications (e.g. SMSes, Emails, etc) from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing communications. In case You wish to stop contact with Us for the same, You may send Us a mail to the effect at [email protected].
3.3. You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/ or policies.
4.1. The installation and use of this Website is free of cost and this includes only the usage of certain services of the Website. You hereby understand that the free/ complimentary services may be amended at any time in the discretion of the Company.
4.2. However, in the event You use the Website for a product purchase or Other Services, You shall be required to pay for the amount as stated in the payment page at the time of usage. However, payment amount stated on the payment page does not reflect the actual price of service for Corporate users. The corporate/ organization will be billed accordingly based on agreed commercial arrangement for the use of service. Similarly for other specialty provided on the Website the payment and consult shall be decided by the respective Service Providers
4.3. For the purpose of this section, Buyer would include any Users choosing to use the services offered on our Website. Seller means Us/ Website/ Company.
4.4. While availing any of the payment method(s) available on the Website, We shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
4.4.1. Lack of authorization for any transaction(s), or
4.4.2. Exceeding the preset limit mutually agreed by You and ‘Bank(s)’ or financial service provider, or
4.4.3. Any payment issues arising out of the transaction, or
4.4.4. Decline of transaction for any other reason(s)
THIRD PARTY INFORMATION
5.1. The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’).
5.2. The Website may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content.
5.3. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and We shall not be liable. You may send as an email [email protected] to report any such content.
5.4. Other than when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
5.5. We are not responsible for any warranties, representations, and undertakings of Service Providers. User is advised to seek professional advices or refrain from using the services if in doubt.
6.2. Those posting any form of User content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place, and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
6.3. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
6.4. In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
7. USER OBLIGATIONS
7.1. You are a restricted user of this Website.
7.2. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information or software obtained from the Website.
7.3. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or noncommercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
7.4. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.
7.5. You agree not to access (or attempt to access) the Website and/ or the materials or Services by any means other than through the interface that is provided by the Website.
7.6. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
7.7. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable.
7.8. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending us an e-mail to [email protected].
7.9. This Website by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
7.9.1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;
7.9.2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
7.9.3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
7.9.4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
7.9.5. Post any file that infringes the copyright, patent or trademark of other legal entities.
7.9.6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
7.9.7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7.9.8. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/ App, or any other customer of the Website, including any account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/ App;;
7.9.9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
7.9.10. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
7.9.11. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
7.9.12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
7.9.13. Violate any applicable laws or regulations for the time being in force within or outside Malaysia;
7.9.14. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/ App contained herein or elsewhere;
7.9.16. Threaten the unity, integrity, defense, security or sovereignty of Malaysia, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
7.9.17. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside Malaysia;
7.9.18. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
7.9.19. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
7.10. While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/ or resolution of possible crimes, especially those that may involve personal injury.
7.11. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
7.12. We have no obligation, to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE.
7.13. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/ or appearance of Content on the App.
7.14. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
8. CANCELLATIONS AND REFUNDS
8.1. Kindly refer to our cancellation and refund policy.
9.1. Currently We provide chat, phone call, video call, and medication delivery services in Malaysia. While we can receive consultation request from any location worldwide, we can only deliver medication and/ or other services stated herein to Malaysia for the time being