Terms of Use
These terms of use (“the Terms of Use”) shall govern the use of DHS (as hereinafter defined) and form a legally binding agreement between Digital Savvy Sdn. Bhd. (1295842-T)(“Digital Savvy”) and Users (as hereinafter defined). It is important that the Users takes the time to read it carefully. Digital Savvy’s failure to insist on or enforce strict performance of the Terms of Use shall not be construed as a waiver by Digital Savvy of any provision or any right it has to enforce the Terms of Use, nor shall any course of conduct between Digital Savvy and Users be deemed to modify any provision of the Terms of Use.
If any part of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and the remaining Terms of Use hereof shall survive, remain in full force and effect and continue to be binding and enforceable.
For the avoidance of doubt, Digital Savvy does not practise medicine nor a Practitioner as defined under Medical Act 1971 and does not have the intention to conduct in a way that contravenes with the practice of medicine.
Definitions
Capitalized terms used in the Terms of Use will have the meanings given below.
“Panel Clinics” means Private Medical Clinics as defined under Private Healthcare Facilities and Services Act 1998, which are also active medical doctors rendering outpatient and healthcare services including but not limited to Client.
“DHS” means Digital Healthcare System which is a healthcare service system or platform or portal developed, and wholly owned and provided by Digital Savvy that aims to redefine the healthcare service system in Malaysia to facilitate outpatient and other healthcare services provided by Panel Clinics.
“Corporate Paid-Client” means any Digital Savvy’s corporate clients which are using selected and permissible system functions and transferring advanced deposits for their employees or dependents’ outpatient and healthcare expenses incurred at Panel Clinics.
“Corporate Non-Paid Client” means any Digital Savvy’s corporate clients which are using limited part of system functions, without paying any advanced deposits for their employees or dependents’ outpatient treatment expenses incurred at Panel Clinics.
“Individual Paid-Client” means any Digital Savvy’s individual clients which are using selected and permissible system functions, and paying their expenses incurred at Panel Clinics via cash, e-payment, credit cards, or any other permissible payment methods.
“Client” means any Corporate Paid-Client, Corporate Non-Paid Clients and Individual Paid-Client.
“Users” means any user that visited, used and accessed DHS including but not limited to Corporate Paid-Client, Corporate Non-Paid Client, Individual Paid-Client, Panel Clinics and IPH.
1. Access and Use
Users hereby agree not to use any false, inaccurate or misleading information when signing up for an account registration and should be legally responsible for any false or fraudulent login under Users‘ account or otherwise assign or transfer your account to any other person or entity. PROVIDED ALWAYS THAT Digital Savvy shall reserve the right to refuse registration of an account or cancel it at Digital Savvy’s discretion. Users hereby agree to notify Digital Savvy immediately of any unauthorized use of account or password, or any other breach of security. Digital Savvy shall not be held liable for any consequences of whatsoever, whether directly or indirectly, under whatsoever circumstances, if Users do not update the relevant information and cause any unfinished services.
By creating an account, downloading, viewing, visiting or accessing DHS, Users hereby agrees to be bound by this Terms of Use PROVIDED ALWAYS THAT Digital Savvy reserves the rights, at its sole discretion, to change, vary, modify, add to or otherwise amend the Terms of Use or any part thereof from time to time without further notice of whatsoever. The prevailing terms will be updated on DHS which will apply and supersede all previous versions.
Digital Savvy encourages Users to regularly check the Terms of Use so that Users are well-informed and updated about any changes. Users’ continued use of DHS after such changes will constitute acknowledgement and acceptance of the amended Terms of Use .If Users do not agree to the new Terms of Use, Users must stop or cease using DHS by closing your account. As long as Users comply with these Terms of Use, Digital Savvy hereby grants the Users a personal, non-exclusive, non-transferable, limited privilege to enter and use DHS.
Users may not attempt to gain unauthorized access to any portion or feature of DHS, or any other systems or networks connected to DHS, or to any of the services offered on or through DHS, by hacking, password “mining” or any other illegitimate means. Digital Savvy reserves the right to interrupt the operation of DHS, or any portion of DHS, as necessary by giving prior notice on DHS, to perform routine or non-routine maintenance, error correction, or other changes.
2. Disclaimer of Warranties and Guarantees
Digital Savvy do not and shall not be treated in any way as to offer any form of warranty or guarantee on timeliness, accuracy, reliability, availability, ability to meet User’s needs or completeness of the DHS information, or quality of the results obtained from the use of DHS. Digital Savvy does not promise that DHS or feature of the DHS will be error-free or uninterrupted, or that any defects will be corrected, or that the use of DHS will provide specific results. Digital Savvy has no liability and shall not be held liable under whatsoever circumstances for whatsoever reasons in relation to or arising out of the DHS information and DHS recommendations. Digital Savvy is not responsible for any sort of errors of data or information as such.
Any information or date downloaded or otherwise obtained through the use of the DHS is done at Users’ own discretion and risk, and that Users are solely responsible for any damage to its computer or other devices for any loss of data that may result from the download of such content.
No information or advice, whether expressed, implied, oral or written, obtained by Users from Digital Savvy’s associated agents, third party providers, shall create any warranty, guarantee, or conditions of any kind. Digital Savvy further expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
This disclaimer further applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
3. Limitation of Liability
Except where prohibited by law, in no event will Digital Savvy be liable for any direct, indirect, incidental, consequential or exemplary loss or damages of whatsoever which may be incurred by Users as a result of using DHS services or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime.
In the alternative and notwithstanding the other provisions of the Terms of Use, in the event Digital Savvy is found to be liable to Users for any damage or loss which arises out of or is in any way connected with the use of DHS, the entire liability of Digital Savvy’s liability shall be limited to the amount it charges on the client in question, if any, for use of the DHS.
4. Indemnity
Users hereby agree to indemnify, defend and hold harmless Digital Savvy, its officers, directors, employees, agents and representatives, harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of DHS, services and/or software or any breach of the Terms of Use.
5. Linked Websites
DHS may contain links to other independent third party’s website or services that are not owned or controlled by Digital Savvy. Digital Savvy 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 the use or reliance on any such contents, goods or services available on or through any such of linked websites or services. Users will need to make their own independent judgment regarding their interaction with these linked websites.
6. Termination of Use
Digital Savvy may, unilaterally without adducing any reason, suspend, limit, restrict, block or terminate Users’ use of DHS, Users’ Account and/or registration, whether temporarily or permanently without any notice of whatsoever, at Digital Savvy’s sole and absolute discretion. Subject to applicable law, Digital Savvy reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to DHS pursuant to its internal record retention and/or content destruction policies. After such termination, Digital Savvy will not have any further obligation to Users and the Users shall have no further claim of whatsoever against Digital Savvy upon such termination thereof.
7. Ownership
All the proprietary rights including but not limited to intellectual property rights of DHS and its entire contents, features, design, and functionality thereof shall be the property of and owned by Digital Savvy and are protected by Malaysian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Users shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on DHS except as generally and ordinarily permitted through DHS according to the Terms of Use.
8.Intellectual Property Rights
Certain of the names, logos, and other materials displayed on DHS or in the services may constitute trademarks (registered and unregistered), trade names, service marks or logos (“Identities“) of Digital Savvy. Users are not authorized to use any such Identities without the prior written consent of Digital Savvy. Ownership of all such Identities and the goodwill associated therewith remains with Digital Savvy.
9. Conflict
In the event that there is any conflict between the English version of the Terms of Use and the Privacy Policy and its corresponding version of Bahasa Malaysia, the terms in English version shall prevail.
10. Governing Law
By accessing and using DHS, Users hereby agree that such access and/or use, as well as the Terms of Use shall be governed by and construed in accordance with the laws of Malaysia.
All claims and disputes arising from the Terms of Use will be litigated within the courts of Malaysia.
Users agree to submit to the exclusive jurisdiction of the courts of Malaysia.
11. Privacy
Digital Savvy’s Privacy Policy applies to use of DHS, and its terms are made a part of the Terms of Use by this reference. In addition thereto, by using DHS, Users hereby acknowledge and agree that Internet transmissions are never completely private or secure.
12. Service Fee And Payment ( Corporate-Paid-Client Only )
Service Fee – The Service Fee for each deposited amount transferred by Corporate Paid-Client shall follow the schedule below provided by Digital Savvy.
| Credit Top Up | |
| Service Fee | RM5 |
Service Fee Adjustments – All service fee adjustments by Digital Savvy will be communicated to Corporate Paid-Client by written notice no less than six (6) months from the effective date of the new Service Fee.
12.1 Taxes – All taxes computations will be subjected to the tax regulations of Malaysia.
12.2 Digital Savvy shall issue to the Company the detailed invoices wherein the detailed invoices shall include the details of the Users who seek the outpatient -healthcare services from Panel Clinics and Credit Top-Up Service Fees associated during that period.
12.3 The invoices will be sent on the -7th of every month..
Digital Savvy shall suspend all its cashless DHS services to Corporate Paid-Client and its related Users, should the amount of Panel Clinic’s charges exceeding the amount of the Credit Account. Once DHS services are suspended, Users are required to settle all expenses at Panel Clinics.
Contact Information
If Users have any questions or comments about the Terms of Use, Users can contact Digital Savvy at:
Office address:
Digital Savvy Sdn Bhd
L-1-8, BLK L, No 2, Jalan PJU 1A/41B,
Pusat Dagangan NZX,
Ara Jaya, 47301, Petaling Jaya
Selangor
Company registered number: 201801033815 (129584-T)
DHS: https://www.dsavvytech.com
Email ID: [email protected]
Telephone Number: +603 2770 0393