In the event you use the Website and/or the Web Portal for a payable services such as consultation with your chosen Consultant, you shall be required to pay for the consult as stated in the payment page.

While availing any of the payment method(s) available on the Website and/or the Web Portal, we shall not be responsible or assume any liability in any manner whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

• a) 

  lack of authorization for any transaction(s), or

• b) 

  exceeding the present limit mutually agreed by you and 'Bank(s)' or financial service provider, or

• c) 

  any payment issues arising out of the transaction, or

• d) 

  decline of transaction for any other reason(s), or

• e) 

  incorrect or inaccurate credit / debit card details provided by you for making the payment of consultation charges, or

• f) 

  use a credit/ debit card which is not lawfully owned by you, or

• g) 

  if you permit a third party to use your password or other means to access your account.

Gleneagles eHealthConsult shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless is an authorized third party website and / or required by law regulation or court order.

Refunds may be made in case a request is raised by the user by clicking the cancel button in the user dashboard.

Refunds will only be made against genuine and trackable cancellation requests generated by you by clicking on the cancellation button provided in the user dashboard in your account. Refund request against delays, cancelation within 24 hours before appointment, nature of advice obtained, efficacy of treatment, health outcomes of consultation will not be entertained.

Refunds may be processed within 15 working days from the receipt of a request from you. All communications with regards to refund should be sent to [email protected].

We reserve the right to modify / implement a new pricing structure at any time prior to billing you for your initial payment or for future payments

Medications sold are non-exchangeable and non-returnable.

The Hospital owns and where applicable the license for the Website and the Web Portal 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 Website or the Web Portal without our prior written permission.

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 by you on the Website and the Web Portal and complies with the industry standard security safeguards for the purpose of securing the Website and the Web Portal and the information provided/uploaded by you.

We use all reasonable endeavours to ensure the integrity of the online payment facility's security. Despite our endeavours, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security.

You agree to indemnify, defend and hold harmless the Hospital and your chosen Consultant 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 these Terms & Conditions, or your violation to the use of the Website and/or the Web Portal.

The Website and/or the Web Portal, services and other materials are provided by this Website and/or the Web Portal is 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 Website and/or the Web Portal, services or other materials will be corrected.

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.

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 Gleneagles eHealthConsult services.

Hospital shall not be liable for any losses, damages or expenses sustained by individuals or by any other person in consequences of any delays in delivery, if such delays are at request of the individuals, or owing to the inability or refusal of the individuals or those present at the address at the time of attempted delivery, to take delivery of the medication order, whether by reason of lack of reasonable access to the address or place of delivery or otherwise, or to causes beyond the control of the hospital or delivery personnel.

Your rights and obligations under these terms and conditions may not be assigned either in part or in whole without prior written consent from hospital. However, hospital reserves the right to assign its obligations and rights under these terms and conditions. Any delay or failure on our part to take action against any breach of these terms and conditions by individuals does not constitute a waiver of any kind of our rights, now and in the future, under this agreement.

You understand that the Website and/or the Web Portal is a platform that users utilize to locate their chosen Consultants and make appointments for chat, phone or video consult. All of the Consultants who deliver the consultation through Gleneagles eHealthConsult are independent Consultant solely responsible for the services each provides to you and that it is the sole responsibility of your chosen Consultant to obtain the patient’s informed consent. We shall not be liable for any professional advice you obtain from your chosen Consultant via the Gleneagles eHealthConsult.

You acknowledge that you understand and agree with the following:

• a) 

  your chosen Consultant may determine that the Gleneagles eHealthConsult services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Gleneagles eHealthConsult services to you through the Website and/or the Web Portal;

• b) 

  we are not privy to all communication between your chosen Consultant and you. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication;

• c) 

  the content on the Website and Web Portal is general in nature and summarized and is provided for informational purposes only. The content of the Website and Web Portal, 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 Website and/or the Web Portal 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 Website and/or Web Portal.

• d) 

  Any audio, video and/ or digital recording of the Gleneagles eHealthConsult services and consultation session with your chosen consultant are prohibited.

Consent to Use and Disclosure of Personal and Sensitive Information

You authorize the Hospital to collect, use, process, retain for a long term period, disclose, release and/or destroy the medical information and records that you have provided through the Website and/or Web Portal which may include the patient's personal and sensitive data ("Medical Information") including and unlimited for the foregoing purposes:

• a) 

  for the purpose of providing the services and other reasonably related purposes, such purposes are set out in the Pantai Data Privacy Policy, accessible at https://www.pantai.com.my/Privacy-Policy.

• b) 

  the release and receive of documentation of services by any registered medical practitioners including your chosen Consultant or other healthcare staff(s) 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);

• c) 

  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;

• d) 

  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;

• e) 

  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;

• f) 

  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: [email protected]. 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

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.

This Agreement may be terminated by either party at any time, with or without cause, nonetheless the Hospital reserves the rights to claim for any due payments.

Without prejudice to our other rights under these Terms & Conditions, we have the rights to take any action as we deem appropriate if you do not comply with these Terms & Conditions. We may terminate the Agreement or restrict, suspend or terminate your access to the Website and/or the Web Portal at our sole discretion without notice at any time or if we determine that your use of the Website and/or the Web Portal 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.

The Hospital may at any time, without any prior notification to you, modify these Terms & Conditions.

Please review the latest version of the Terms and Conditions before proceeding to avail the service of Gleneagles eHealthConsult. If you continue to use the service, it shall be deemed that you agree and abide by the modified terms and conditions

This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia and the Parties hereto submit to the jurisdiction of the Courts of Malaysia.

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.

Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.