TERMS AND CONDITIONS OF USE

Last Updated: 14th November 2015

INTRODUCTION

We, ERUFU CARE, provide access to this Web Site and the services associated therewith upon the Terms and Conditions (“T&C”) of use set out below. By accessing or using this Web Site and/or associated services, you explicitly agree to comply with and be bound by these terms and all conditions or policies incorporated by reference herein. The agreement so entered into (incorporating this T&C) shall be governed by the laws of Malaysia. This agreement and its terms shall prevail over any other terms, conditions or information inconsistent therewith, whether found on this Web Site or otherwise. We may assign the agreement at any time to any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You hereby agree to bring any disputes concerning the agreement exclusively before the courts of Malaysia and you hereby irrevocably submit to the jurisdiction of these courts. If you do not agree to all these provisions, do not use this Web Site and any associated services.

When you use this Web Site or any associated services, we may collect, store and use certain information as described on a separate page: “Privacy Policy” below. If you do not agree to such provisions, do not use this Web Site and any associated services.

We reserve the right to change or modify any of the terms and conditions contained herein, or otherwise govern the use of this Web Site, at any time and in our sole discretion. Unless otherwise specified, any revisions will be effective immediately upon posting on the Web Site, and your continued use of the Web Site will constitute your acceptance of the revised terms. If you do not agree to any revised terms, do not use this Web Site or any associated services.

THE USE OF THIS WEB SITE

Information Provided by Erufu Care

Pages written by Erufu Care’s staff are marked “By Erufu Care”. These pages provide general information on common diseases and treatments. Information on such pages is not written by medical professional and is meant for public education only. We do not provide medical advice; the information provided should not be interpreted as such.

We do not warrant the accuracy, completeness, functionality, usefulness of the information provided, or in any way provide assurance to such information. We do not endorse or recommend any treatment. If you choose to use or to rely on any such information, you do so solely at your own risk. We will not be responsible or liable for any loss, damage or injury that you may sustain arising from your use or reliance, whether direct or indirect, of the information provided.

Since the information is highly general, citations are omitted. In case a specific source is used, a link to the source will be provided at the end of the article.

Blog Content

Erufu Care’s Blog ("Blog") is a sharing platform that allows individuals to share their personal experiences/opinions and potentially useful information. Such individuals may include Erufu Care’s staff, doctors and specialists, patients etc. Practically anyone can submit articles to be posted on the Blog. Hence, all articles posted on the Blog ("Blog Content") should be treated as individual and highly subjective opinions, which are those of the respective individual who submitted the content. We do not in any way endorse any Blog Content. You are solely responsible for accessing the Blog Content and any reliance you may place on such content is done solely at your own risk. We take no responsibility and assume no liability for any Blog Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in such content.

User-Provided Content

This Web Site carries information provided by its users (“User-Provided Content”). Users that provide such content can be categorized into (a) doctors, healthcare practitioners, clinics, and other medical/healthcare service providers that choose to list their services, goods, or products on this Web Site (“Service Provider”) and (b) visitors that have registered for an account on this Web Site (“Registered User”).

SP-Provided Content

We do not in any way endorse any content provided by the Service Providers (“SP-Provided Content”). You are solely responsible for accessing SP-Provided Content and any reliance you may place on such content is done solely at your own risk. We take no responsibility and assume no liability for any SP-Provided Content on this Web Site nor for the accuracy of any information contained therein or associated therewith. Your dealings and communications with any Service Provider and any terms, conditions, warranties or representations associated with such dealings are solely between you and the Service Provider. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the appearance of any SP-Provided Content on this Web Site.

Appointments

This Web Site provides the means for a Service Provider to accept bookings/appointments from registered users. If a Service Provider chooses to make use of this function, our only role is to provide the means for you to communicate with the Service Provider. We do not act as an agent for any Service Provider. The tools provided on this Web Site for the booking of appointments are provided on an “as is” basis without warranties of any kind, either express or implied, and you acknowledge that we accept no liability for any failure, disruption, downtime, interruption, delay, inaccuracy, or any other nonperformance of such tools. If you choose to book an appointment with a Service Provider using such tools, you are advised to confirm the appointment by other means; in any event, the Service Provider alone is answerable to you for honouring any appointment. Your dealings or communications with any Service Provider are solely between you and the Service Provider.

Legality of Clinics and Doctors

Since information regarding the legality of a specific clinic/doctor is provided by the respective clinic/doctor, such information is regarded as “user-provided”. Please read the preceding section on “User-Provided Content” for details. Also, please read a separate page on “Legality of Clinics and Doctors” for more information.

RU-Provided Content

This Web Site provides opportunities for Registered Users to post reviews, accounts of their experiences with the Service Providers, and other content, messages, materials or items (“RU-Provided Content”). All RU-Provided Content should be treated as individual and highly subjective opinions, which are those of the respective Registered Users and not of ours. We do not in any way endorse any RU-Provided Content. You are solely responsible for accessing RU-Provided Content and any reliance you may place on such content is done solely at your own risk. We take no responsibility and assume no liability for any RU-Provided Content posted, stored or uploaded by any user, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in such content.

Third-Party Content

This Web Site may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in the linked information. You use the links to Third-Party Sites and any Third-Party Content therein at your own risk. We do not monitor, have no control over, and make no claim or representation regarding any Third-Party Content or Third-Party Sites. We provide these links only as a convenience; a link to a Third-Party Site or any Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with such Third-Party Site or Third-Party Content.

Parking Lot Information

This Web Site may show parking lot information in Malaysia in several ways. Such information are provided by ParkAide Mobile (M) Sdn. Bhd. and are hence considered as Third-Party Content. We will not be responsible for the accuracy of such information; we shall not be responsible or liable for any loss, damage, or injury that one may sustain arising from the use or reliance, whether direct or indirect, of such information.

Disclaimer

We do not provide medical services, medical advice or healthcare services of any sort, and nothing stated or posted on this Web Site should be interpreted as such. We do not recommend or endorse any Service Provider. If you rely on any information posted on this Web Site, you do so solely at your own risk.

We have no special relationship with or fiduciary duty to you. Your dealings or communications with any Service Provider and any terms, conditions, warranties or representations associated with such dealings are solely between you and the Service Provider. We will not be responsible or liable for any loss, damage or injury that you may sustain arising from any services provided to you by any Service Provider, or from any failure of any Service Provider to provide services to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to this Web Site; what content is posted by users on this Web Site; what content you access via this Web Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. This Web Site may direct you to sites containing content that you may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through this Web Site, and we will not be responsible or liable in any way for such content, and you hereby release us from all liability for your having acquired or accessed content on or via this Web Site.

This Web Site and all associated services and content are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Limitation of Liability

You waive and agree not to assert any claims or allegations of any nature whatsoever against us arising out of or in any way relating to your use of this Web Site and all associated services, the content or the materials contained in or accessible through this Web Site, including but not limited to any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of content, or allegations that we have or should indemnify, defend or hold you harmless from any claim or allegation arising from your use or other exploitation of this Web Site. You use this Web Site at your own risk.

Without limitation of the foregoing, we shall not be liable for any loss of profits, loss of use, or other economic loss or any damages of any kind, whether direct, indirect, special, consequential, punitive or otherwise, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this Web Site, the services, the content or the materials contained in or accessible through this Web Site, including without limitation any damages caused by or resulting from your reliance on any content or other information obtained from or accessible via this Web Site. If, notwithstanding the foregoing, we incur any liability which cannot be excluded by law, our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site shall not exceed one hundred Malaysia Ringgits.

USE OF POSTING SERVICES

Posting Services

This Web Site provides opportunities for you, as a Registered User, to post reviews, accounts of your experiences with the Service Providers, or other content, messages, materials or other items on this Web Site (“Posting Services”) upon the terms and conditions set out below. By completing the registration process, you explicitly agree to comply with and be bound by these terms and conditions. If you do not agree to all these provisions, do not register yourself.

Registration Data

As a condition to using the Posting Services you are required to register with us and by that agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this Web Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data and any other information you’ve provided us with to keep such information/date accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you’ve provided us with. Failure to do so shall entitle us to immediately terminate your account.

RU-Provided Content

As a Registered User, you undertake not to post or upload to, or transmit, store, create or otherwise publish through this Web Site any content (“RU-Provided Content”) that:

1. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any other party.

Any breach of the foregoing shall entitle us to, among other things, terminate or suspend your account.

Although we have no obligation to screen, edit or monitor any RU-Provided Content, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any RU-Provided Content posted or stored on this Web Site at any time and for any reason, (without any liability for replacing any such content).

RU-Provided Content that you post or store on this Web Site will be considered non-confidential. Without limiting the foregoing, we reserve the right to use the RU-Provided Content as we deem appropriate, including, without limitation, accessing, disclosing, deleting, editing, modifying, rejecting, or refusing to post it.

Rights to RU-Provided Content

By using the Posting Services, you (a) grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, translate, publish, and publicly display and perform RU-Provided Content throughout the world in any media, now known or hereafter devised; (b) grant us the right to use the name that you submit in connection with such RU-Provided Content; and (c) represent and warrant that (i) you own and control all of the rights to the RU-Provided Content that you post, or you otherwise have the lawful right to post such content to or through this Web Site; and (ii) the use and posting or other transmission of such RU-Provided Content will not violate any rights of or cause injury to any person or entity.

Notifications

As a part of the services provided, we will send you email notifications to notify you on articles or materials that may interest you. You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.

Indemnity

You will indemnify and hold us harmless from any claim or demand made by any third party due to or arising out of your use of the Posting Services, the posting of any RU-Provided Content, the breach of any of the terms herein, or the infringement of any intellectual property or other rights of any person or entity in connection therewith.

Take Down Notice

If you believe in good faith that the materials we host infringe on your copyright, you (or your agent) may send us a notice, requesting that we remove or block access to the infringing material, which shall include the following information

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the Web Site;
• your name, address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a written undertaking by the copyright owner will undertake to compensate us any damages, loss or liability arising from our compliance of such notification.

Please forward your notification to the following address: