Terms of Use for Practitioners, Practices and Healthcare Providers for the use of www.ghealth.com, the mobile application “gHealth” and the other Services provided by GLOCO MALAYSIA SDN. BHD. and its associated companies (“GLOCO”).

 

GLOCO MALAYSIA SDN. BHD. together with its related companies (“us”, “we”, or “GLOCO”, which also includes its affiliates) is the author and publisher of the internet resource www.ghealth.com (“Website”) on the world wide web as well as the software and applications provided by GLOCO, including but not limited to the mobile application ‘gHealth’, the software and applications of the brand names ‘gHealth’ and GLOCO’s software and applications (together with the Website, referred to as the “Services”).

 

These Terms of Use constitute the agreement (the “​Agreement​” or “​Terms of Use​”) between GLOCO and the user of GLOCO’s Subscriber Services (“User”, as defined in Section 2 of this agreement). Your use of GLOCO’s Subscriber Services, which include www.ghealth.com, the mobile application “gHealth” and the other Services provided by GLOCO which include various ancillary Services accessible at ​http://www.gloco.com and https://www.ghealth.com​, ​for which a Subscriber amount is payable for usage ​(hereinafter individually referred to as the “​Subscriber ​Service​” and collectively referred to as the “​Subscriber​ Services​”) is subject to the following terms and conditions.

 

This Agreement, among other things, provides the terms and conditions for use of Subscriber Services, primarily a web based practice management hosted and managed remotely through the website and through native mobile applications as described in Section 3.9 of this Agreement. The sites http://www.gloco.com and https://www.ghealth.com​ are owned and operated by GLOCO.

 

This Agreement shall supersede and cancel all previous agreements either in written form or orally between the parties in respect of this Website, the mobile application ‘gHealth’ and GLOCO’s software and applications.

 

This Agreement is an electronic record and generated by a computer system and does not require any physical or digital signatures.

 

1.      YOUR AGREEMENT WITH GLOCO

 

We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Subscriber Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Subscriber Services or to particular Subscriber Services are also considered as Terms of Use. By agreeing to these terms, you also agree to the terms of use of the Service, which are available at http://www.gloco.com and https://www.ghealth.com​.

 

You acknowledge that you will be bound by this Agreement for availing any of the Subscriber Services offered by us.

 

Your access to use the Subscriber Services will be solely at the discretion of GLOCO.

 

2.      WHO IS GLOCO?

 

GLOCO is the is the author and publisher of the internet resource www.ghealth.com (“Website”) on the world wide web as well as the software and applications provided by GLOCO, including but not limited to the mobile application ‘gHealth’, and the software and applications of the brand names ‘gHealth’ (together with the Website, referred to as the “Services”). The Subscriber Services have been designed for use at businesses, institutions, establishments and organisations engaged in the healthcare practices (“​Practices​”) by healthcare providers (“​Practitioners​”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the healthcare providers (“​End-Users​”, which term shall also include members of public who search for Practitioners on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non­-personal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscriber Services are together termed as (“​Users​”or “you” or “your”).

 

GLOCO makes no express or implied representations or warranties about its Subscriber Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non­infringement. GLOCO does not authorize anyone to make a warranty on GLOCO’s behalf and you may not rely on any statement of warranty as a warranty by GLOCO.

 

3.      TERMS OF USE

 

3.1  By using the Subscriber Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Subscriber Services in compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICE. You expressly represent and warrant that you will not use these Subscriber Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF GLOCO’S SUBSCRIBER SERVICES MEANS YOU ARE CONSENTING TO THIS AGREEMENT.

 

3.2  You must be 18 years of age or older to register; use these Subscriber Services in any manner. By registering, or accepting this Agreement, you represent and warrant to GLOCO that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscriber Services available through the GLOCO and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscriber Services under the laws of Malaysia or other countries including the country in which you are resident or from which you use the Subscriber Services.

 

3.3  The Agreement is published in compliance of, and is governed by the provisions of Malaysian law, including but limited to:

 

                                i.            The Contract Act 1950;

                              ii.            The Copyright Act 1987;

                            iii.            The Personal Data Protection Act 2010; and

                            iv.            The rules, regulations, guidelines and clarifications framed there under.

 

3.4  A condition of the User’s use of and access to the Subscriber Services available provided by GLOCO to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscriber Services immediately and immediately discontinue use of all Subscriber Services available at the GLOCO.

 

3.5  GLOCO authorizes the User to view and access the content available on the Subscriber Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscriber Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscriber Services (collectively, "​GLOCO Content​"), are the property of GLOCO and are protected under copyright, trademark and other laws. User shall not modify the GLOCO Content or reproduce, display, publicly perform, distribute, or otherwise use the GLOCO Content in any way for any public or commercial purpose or for personal gain.

 

3.6  Multiple Users are not permitted to share the same/single log­in.

 

3.7  If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscriber Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscriber Services, this Agreement is a three-­way agreement between you, the Practitioner and GLOCO. Both the Practitioner and GLOCO may seek recourse against you for any violation of the terms of this Agreement.

 

3.8  Users may not transfer (including by way of sub-license, lease, assignment or other transfer, including by operation of law) their log­in or right to use the Subscriber Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscriber Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.

 

3.9  These Terms of Use will also be applicable to Users who access Software features using native mobile applications published by GLOCO including but not limited to its applications for devices running on platforms such as iOS, Android, Windows, Blackberry and any derivatives or any other platforms. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.

 

3.10          You agree that any registration information you give to GLOCO will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscriber Services be registered in your name and you might be asked to provide supporting documents to prove the same.

 

3.11          You agree that you will not use the Subscriber Services provided by GLOCO for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.

 

3.12          You agree to use the Subscriber Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Malaysia or other relevant countries).

 

3.13          You agree not to access (or attempt to access) any of the Subscriber Services by any means other than through the interface that is provided by GLOCO, unless you have been specifically allowed to do so in a separate agreement with GLOCO.

 

3.14          You agree that you will not engage in any activity that interferes with or disrupts the Subscriber Services (or the servers and networks which are connected to the Subscriber Services).

 

3.15          You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscriber Services for any purpose whatsoever.

 

3.16          You agree that you are solely responsible for (and that GLOCO has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which GLOCO may suffer) of any such breach.

 

3.17          You shall indemnify GLOCO for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by GLOCO as a result of your breach under any applicable law.

 

3.18          You expressly acknowledge and agree that your use of the Subscriber Services is at your sole risk and that the Subscriber Services are provided "as is" and "as available”.

 

3.19          You agree that you will not make any unsolicited calls or use any information displayed on the GLOCO, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as guidelines for telemarketers, or otherwise violate applicable law while using the Subscriber Services.

 

3.20          You agree that this Agreement and the Subscriber Services of GLOCO are subject to any modification, or may be removed by GLOCO, as a result of change in government regulations, policies and local laws as applicable.

 

3.21          You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log­in you use to access the Software.

 

3.22          You agree and understand that you shall use your best endeavours to get your patients or customers to subscribe to the Services of GLOCO including but not limited to downloading and utilising gHealth. This includes you through your clinics, doctors, agents, employees or staff campaigning gHealth to your walk-in patients and/or promoting gHealth by electronic means to all patients.

 

3.23          Following this Agreement and the Subscriber Services of GLOCO, you shall give full cooperation to GLOCO, its agent, employee, staff, consultant and/or its associated companies to set up a call centre in future to assist you, your clinics, doctors, agents, employees or staff in handling appointment/booking (whenever necessary).

 

3.24          Your use of each Subscriber Service confers upon you only the rights and obligations relating to such Subscriber Service, and not to any other Subscriber Service or service that may be provided by GLOCO. For instance, being a subscriber to GLOCO Ray does not automatically entitle you to a higher ranking on GLOCO’s Practitioner search facility.

 

4.      USE OF SUBSCRIBER SERVICES

 

4.1  GLOCO provides Software through its website, as a Software as a Service (SaaS) model. GLOCO is not responsible for and does not deal with any of the patients managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by GLOCO, for providing Subscriber Services to User and enabling User to use those Software only. GLOCO does not transfer either the title or the intellectual property rights to the Software and other its Subscriber Services, and GLOCO (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscriber Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to GLOCO may be used, stored or re­published by GLOCO or its affiliates even after the termination of these terms of Service.

 

4.2  GLOCO may offer at its discretion, a free trial of its Subscriber Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans. GLOCO does not provide any warranty during the trial period.

 

4.3  GLOCO offers its Subscriber Services on as ­is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.

 

4.4  User shall not access the Subscriber Services of GLOCO if the User or the organisation that he/she/it represents is GLOCO’s direct competitor, except with GLOCO’s prior written consent. In addition, the User shall not access the Subscriber Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

4.5  GLOCO provides, at its discretion basic support for the Subscriber Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscriber Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which GLOCO shall give at least 8 hours’ notice to Users via the Subscriber Services and which GLOCO shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 9:00 a.m. Monday (MYT), or (ii) any unavailability caused by circumstances beyond GLOCO’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. GLOCO will provide the Subscriber Services only in accordance with applicable laws and government regulations.

 

4.6  Notwithstanding anything to the contrary contained herein, GLOCO does not warrant that its Subscriber Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscriber Services (depending on the Subscriber Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. GLOCO takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

 

4.7  In the event the Software are not available due to apparent default at GLOCO’s end or are rendered unusable, GLOCO may at its discretion extend the subscription period of the Practitioner only by such number of calendar days when the Subscriber Services were not available. However, you shall agree that GLOCO is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.

 

4.8  The Subscriber Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against GLOCO’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide real­time information to enable User to monitor such User’s compliance with such limitations.

 

4.9  Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with patient, his/her representatives or affiliates, searching for Practitioners through the Website (the “​End­ User​”). contacted or managed through the Software and GLOCO shall have no liability or responsibility in this regard. GLOCO does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Subscriber Services. The Subscriber Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.

 

4.10          GLOCO may, at its sole discretion, suspend User’s ability to use or access the Subscriber Services at any time while GLOCO investigates complaints or alleged violations of this Agreement, or for any other reason.

 

4.11          GLOCO reserves the right to use all information captured in its Subscriber Services in anonymised form for the purpose of its Subscriber Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, GLOCO tries to make its Subscriber Services more useful in following way:

 

                                                                i.            Promotion of new Subscriber Services,

                                                              ii.            Analysing software usage patterns for improving Subscriber Services design and utility;

                                                            iii.            Analysing anonymised patients’ information for research and development of new technologies and any other Subscriber Services offerings;

 

Users can use the rectification tools provided by GLOCO or contact GLOCO immediately for rectifications. GLOCO shall bear no liability or responsibility in this regard.

 

4.12          GLOCO reserves the right to use the following types of information stored in our software:

 

                                            i.            Practice information;

                                          ii.            Practitioner information;

                                        iii.            End-Users’ demographic information as anonymised form;

                                        iv.            End-Users’ information in relation to his health and history (anonymised form);

 

4.13          GLOCO automatically lists Practitioner information on its Subscriber Services as per information added to a Practice using its Software. The information listed is displayed when End-Users search for Practitioners or Practices on the GLOCO, and this information listed on the Subscriber Services may be used by End-Users to request for appointments. Such information on the Subscriber Services may continue to appear even after the Practice removes the information from its Software or the Practice ceases to be a paying subscriber or the Practice terminates its subscription or in any other way discontinues its relationship with GLOCO. GLOCO, on its own, does not list any Personally Sensitive Information of such Practitioners. GLOCO do not provide any ranking algorithm in relation to the listing made on its Website. GLOCO reserves the right to list Practitioners who are not party to this Agreement and the Practitioners who have subscribed to this Terms of Use are listed along with them. Thereon, GLOCO reserves the right to modify the listing of Practitioners on its Website. In case Practitioner or Practice wishes to change or remove information as listed and displayed omits online platform, or disable appointment requests ,the Practitioners or Practices can do so by using options available on its online platform or its Subscriber Services or by contacting GLOCO at infoMY@gloco.com.

 

4.14          The Subscriber Services available by GLOCO accepts online appointment requests for all practitioners listed and displayed on its website. GLOCO intends to take all reasonable steps to duly inform Practices via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by GLOCO or when Practices do not read emails or text messages sent by GLOCO in timely manner. GLOCO shall have no liability or responsibility in this regard.

 

4.15          While GLOCO makes every feasible effort to ensure a confirmed appointment for a End­-User who requested an appointment on the Service, GLOCO does not guarantee that the appointments will be confirmed in all cases. Further, GLOCO has no liability if such appointment is confirmed but later cancelled by any of the End-Users, or the Practitioners are not available as per the given appointment time.

 

4.16          Certain Subscriber Services (including ancillary Subscriber Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“​Specific Terms​”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscriber Services will be contingent upon your acceptance of and compliance with such Specific Terms.

 

4.17          GLOCO reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscriber Services as and when it deems fit, and make any such changes available in newer versions of its Subscriber Services or native mobile application or all of these at its discretion. All Users of its Subscriber Services will be duly notified upon release of such newer versions and GLOCO reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.

 

4.18          Payment, Fees and Taxes

 

4.18.1    GLOCO may add new Subscriber Services for additional fees and charges or may proactively amend fees and charges for existing Subscriber Services, at any time in its sole discretion. Fees stated prior to the Subscriber Services being provided, as amended at GLOCO’s sole discretion from time to time, shall apply.

4.18.2    GLOCO may impose to following fees and charges for the following Subscriber Services on you (which may be amended by GLOCO at any time in its sole discretion subject to three (3) months’ notification being made to you):-

 

                                                                    i.            gHealth Features/gHealth Consultation – a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner : 20% on the consultation fee charged by the Practitioners to Users;

                                                                  ii.            Appointment booking and interaction with Practitioners : 20% on the appointment fee or booking fee or interaction fee charged by the Practitioners to Users.

 

4.18.3    If you purchase any subscription based paid Service, you authorize GLOCO to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise GLOCO make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.

4.18.4    You agree that the billing credentials provided by you for any purchases from GLOCO will be accurate and you shall not use billing credentials that are not lawfully owned by you.

4.18.5    The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscriber Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscriber Services. The subscription fee is non­refundable.

4.18.6    Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. GLOCO is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.

4.18.7    GLOCO may make available an offline fee payment facility, supported by a third party vendor. GLOCO is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.

4.18.8    All fees are exclusive of taxes. Government Service Tax and other statutory taxes as applicable are levied on every purchase.

4.18.9    The payment process would be considered to be complete only on receipt of the fees into GLOCO's designated bank account.

4.18.10Fees not received within the specified due dates attract late charges of 8% per annum from the due ­date of payment, and any such charges may be levied at GLOCO's sole discretion.

4.18.11GLOCO reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscriber Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to GLOCO to such notice, GLOCO shall apply the modified fee structure effective from the expiry of the said notice period.

4.18.12In order to process the fee payments, GLOCO might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our privacy policy on how GLOCO uses the confidential information provided by Users.

4.18.13Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with GLOCO intimating such User about expiration of the current subscription period and that the credit card of such User registered with GLOCO will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions below, if a User is not willing to continue or renew the subscription of Subscriber Services, the same shall be communicated to GLOCO by the User within 5 (five) days of receipt of such intimation from GLOCO. In the absence of such intimation to discontinue the subscription, GLOCO shall be entitled to charge the credit card of the User registered with GLOCO on the day the current subscription period expires.

4.18.14GLOCO shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into GLOCO’s designated bank account.

4.18.15In case of non­payment of any fee beyond the date a payment becomes overdue (overdue date), GLOCO reserves the right to take any or all of the following actions as it deems appropriate (i) reduce all Subscriber Service credits in Users’ Subscriber Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. (ii) discontinue the Subscriber Services to the User anytime after 30 (thirty) days from the overdue date. (iii) delete all information in User’s account anytime after 90 (ninety) days from the overdue date.

4.18.16Fees and charges shall be calculated solely based on records maintained by GLOCO or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of GLOCO shall be final and binding in relation to any fees payable by Users.

4.18.17You can cancel your access to the Subscriber Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email at infoMY@gloco.com. The one time set­up fees shall not be refunded to the User.

4.18.18GLOCO will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscriber Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscriber Services other than the non­refundable one time set­up fees as due prior to permanent discontinuation the Subscriber Services or upon the expiry of 45 (forty five) days from the date of your written notice to GLOCO. GLOCO shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are non­transferable and the payment made by the User for a particular Subscriber Service cannot be transferred or carried over to another Service.

 

4.19          gHealth Data Sharing/GLOCO Data Sharing: Terms of Use

 

4.19.1    gHealth Data Sharing/GLOCO Data Sharing has been integrated with gHealth to enable Practitioners to electronically share any type of Health Records with patients’ GLOCO Account if Practitioners want. These Health Records may include and are not limited to prescriptions, files, vital signs, immunization plans, growth charts, clinical notes, treatment plans, invoices and payments etc and this list will keep evolving as more types of Health Records are added to gHealth. Once shared, these Health Records can be accessed by End-Users with a free facility ‘Records’ on its mobile application ‘gHealth’. The specific terms relating to the gHealth Data Sharing/GLOCO Data Sharing are as below, without prejudice to the rest of these Terms and the Privacy Policy:

 

                                                                    i.            End-Users’ Records will display and contain the same Health Records that was created by the End-User's or provided by you in the designated section for Health Records in gHealth. GLOCO shall not validate the Health Records and will not be responsible for any errors in or incompleteness of such Health Records provided by you. You hereby represent and warrant that to the extent that you provide any such Health Records, it is true and complete to the best of your knowledge.

 

                                                                  ii.            By subscribing to gHealth or switching on “gHealth Data Sharing/GLOCO Data Sharing” setting or similar settings in the Services, you are granting an irrevocable right of ownership to the relevant End-Users to Health Records, including but not limited to any medical records and information that is classified as sensitive and non-sensitive personal information of the patients or customers.

 

                                                                iii.            By subscribing to gHealth or any GLOCO’s Services or switching on “gHealth Data Sharing/GLOCO Data Sharing” setting or similar settings in the Services, you are also granting GLOCO the right to upload or share into its designated database or Cloud database Health Records, including but not limited to any medical records and information that is classified as sensitive and non-sensitive personal information of the patients or customers.

 

                                                                iv.            You agree that you have already obtained the necessary consent and/or approval from the relevant patients or customers before subscribing to gHealth or any GLOCO’s Services and granting GLOCO the right to upload or share into its designated database or Cloud database Health Records, including but not limited to any medical records and information that is classified as sensitive and non-sensitive personal information of the patients or customers.

 

                                                                  v.            GLOCO is not responsible for your failure to obtain the necessary consent and/or approval from the relevant patients or customers before subscribing to gHealth or any GLOCO’s Services and granting GLOCO the right to upload or share into its designated database or Cloud database.

 

                                                                vi.            You agree the Health Records shall be entered into appropriate designated sections at your sole risk and responsibility after obtaining prior consent of the patients and customers, if any, and GLOCO shall not be responsible or liable for Health Records whatsoever including failure to add the Health Records in the designated section for Health Records in gHealth.

 

                                                              vii.            For your patients and customers that are not referred to you by GLOCO, it is your responsibility to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned for the intended owner of the Records while using the Services. In case of any errors or changes in details, you are required to inform GLOCO of the same as soon as you become aware of such errors or changes.

 

                                                            viii.            GLOCO is not responsible for verifying the accuracy or incompleteness of such persons’ details or Health Records provided in the Records, and shall not be liable for any errors in the same.

 

                                                                ix.            Changing the contact number will not affect the Health Records already added to the End-Users’ Records.

 

                                                                  x.            GLOCO is not liable, if for any reason Health Records are not delivered to your patient or customer, or are delivered late or not accessed, despite its best efforts. While GLOCO will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the Health Records to your patient or customer, GLOCO makes no promise or guarantee for any uninterrupted access to the Records to your patients or customers.

 

                                                                xi.            GLOCO reserves the right to recall or partially recall any shared Health Record due to inadvertent or incorrect sharing by you or any other reason as it may deem fit.

 

                                                              xii.            Owner of the clinic is solely responsible to manage the “gHealth Data Sharing/GLOCO Data Sharing” setting or similar settings in the Services settings for the clinic.

 

                                                            xiii.            Owner is solely responsible to inform all relevant gHealth users within the clinic about the intended usage of the feature.

 

                                                            xiv.            Any change to the setting will be effective only from the date of change, not retrospectively unless otherwise communicated by GLOCO.

 

                                                              xv.            GLOCO has the right to communicate and inform End-Users without any prior notice to the Practitioner about the shared Health Records through SMS, email or any other platform on behalf of the Practitioner.

 

                                                            xvi.            GLOCO has the right to independently resolve any technical or operational issue of the End-User regarding the access of the Health Records.

 

                                                          xvii.            GLOCO has the right to not to provide the access of the Health Records to the user without any prior notice to avoid Health Records theft.

 

                                                        xviii.            GLOCO is not responsible for any unintended access of Records due to change in phone number of the End User.

 

                                                            xix.            GLOCO will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

 

                                                              xx.            You agree and acknowledge that GLOCO may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

 

5.      COLLECTION, USE, STORAGE AND TRANSFER OF PERSONAL INFORMATION

 

5.1  The terms “personal information” and “sensitive personal data or information” are defined under the Personal Data Protection Act 2010, and are reproduced in the privacy policy (“​Privacy Policy​”) available at ​www.ghealth.com/privacy.

 

5.2  The Privacy Policy sets out:

 

                                            i.            The type of information collected from Users, including sensitive personal data or information;

                                          ii.            The purpose, means and modes of usage of such information; and

                                        iii.            How and to whom GLOCO will disclose such information.

 

 

5.3  The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

 

                                            i.            the fact that the information is being collected;

                                          ii.            the purpose for which the information is being collected;

                                        iii.            the intended recipients of the information;

                                        iv.            the name and address of the agency that is collecting the information and the agency that will retain the information; and

                                          v.            the various rights available to such Users in respect of such information.

 

5.4  Each Practice and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End­-User information in Software.

 

5.5  GLOCO shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to GLOCO or any other person acting on behalf of GLOCO.

 

5.6  The use of the Subscriber Services involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by GLOCO from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

 

5.7  The User is responsible for maintaining the confidentiality of the User’s log­in account access information and password. The User shall be responsible for all usage of the User’s log­in or password, whether or not authorized by the User. The User shall immediately notify GLOCO of any actual or suspected unauthorized use of the User’s log­in or password. Although GLOCO will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to GLOCO or any others parties due to such unauthorized use.

 

5.8  If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or GLOCO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GLOCO has the right to discontinue the Subscriber Services to the User at its sole discretion.

 

5.9  GLOCO may, at its discretion, use information stored in its Subscriber Services from time to time for the purposes of debugging customer support related issues.

 

5.10          GLOCO may, at its discretion engage third party contractors or uses third party’s services to process or use information stored in its Subscriber Services from time to time for the purposes of health related issues and/or for any services incidental or related to the Services.

 

5.11          GLOCO collects and uses Users personal and demographics information in ways as stated in Privacy Policy that can be found at www.ghealth.com/privacy. GLOCO intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Privacy Policy. Any information provided by the User may be retained by GLOCO and used at its discretion after termination of this Agreement or expiry of a subscription by the User, and thereupon the Agreement and Privacy Policy of the Website shall be applicable to such information.

 

6.      COVENANTS

 

6.1  GLOCO hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

 

                                            i.            belongs to another person and to which the User does not have any right to;

                                          ii.            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;

                                        iii.            harm minors in any way;

                                        iv.            infringes any patent, trademark, copyright or other proprietary rights;

                                          v.            violates any law for the time being in force;

                                        vi.            deceives or misleads the addressee (or End­ User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

                                      vii.            impersonate another person;

                                    viii.            contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

                                        ix.            threatens the unity, integrity, defence, security or sovereignty of Malaysia, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

 

6.2  The User is also prohibited from:

 

                                            i.            violating or attempting to violate the integrity or security of the Subscriber Services or any GLOCO Software;

                                          ii.            transmitting any information (including job posts, messages and hyperlinks) on or through the Subscriber Services that is disruptive or competitive to the provision of Subscriber Services by GLOCO;

                                        iii.            intentionally submitting on the Subscriber Services any incomplete, false or inaccurate information;

                                        iv.            making any unsolicited communications to other Users;

                                          v.            using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;

                                        vi.            attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscriber Services unless explicitly permitted by GLOCO;

                                      vii.            copying or duplicating in any manner any of the GLOCO content or other information available from the Service;

                                    viii.            framing or hot-linking or deep-linking any GLOCO content.

                                        ix.            circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

 

6.3  GLOCO, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 6.2 above, shall be entitled to disable such information that is in contravention of S. 6.2. GLOCO shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.

 

6.4  In case of non­compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, GLOCO has the right to immediately terminate the access or usage rights of the User to the Subscriber Services and to remove non-compliant information.

 

6.5  GLOCO may disclose or transfer User Information (as defined in the privacy policy) to its affiliates, and you hereby consent to such transfer. The Personal Data Protection Act 2010 only permits GLOCO to transfer sensitive personal data or information including any information, to any other body corporate or a person in Malaysia, or located in any other country, that ensures the same level of data protection that is adhered to by GLOCO as provided for under the Personal Data Protection Act 2010, only if such transfer is necessary for the performance of the lawful contract between GLOCO or any person on its behalf and the user or where the User has consented to data transfer.

 

6.6  GLOCO respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

 

7.      LIABILITY

 

7.1  GLOCO shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by GLOCO, where the User has consented to the making of disclosures by GLOCO. If the User had revoked such consent under the terms of the privacy policy, then GLOCO shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by GLOCO prior to its actual receipt of such revocation.

 

7.2  The User shall not hold GLOCO responsible or liable in any way for any disclosures by GLOCO.

 

7.3  The Software provided by GLOCO or any of its licensors or providers are provided "as is”," as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-­infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). GLOCO does not provide or make any representation, warranty or guaranty, express or implied about the Subscriber Services. GLOCO does not verify any content or information provided by Users on its Subscriber Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscriber Services, , the GLOCO Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscriber Services or any opinion or suggestion given or expressed by GLOCO or any User in relation to any User or Subscriber Services provided by such User.

 

7.4  GLOCO assumes no responsibility, and shall not be liable for ways in which End­-User data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the End-­User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by GLOCO, is used in compliance to local privacy laws applicable to the Practice’s business transactions with End-Users.

 

7.5  The Subscriber Services of GLOCO may be linked to the services of third parties, affiliates and business partners. GLOCO has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscriber Services or made available by/through our Subscriber Services. Inclusion of any link on the Subscriber Services does not imply that GLOCO endorses the linked site. User may use the links and these Subscriber Services at User’s own risk.

 

7.6  GLOCO assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscriber Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscriber Services of GLOCO.

 

7.7  The Subscriber Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized GLOCO representatives or agents, and their opinions or statements do not necessarily reflect those of GLOCO, and they are not authorized to bind GLOCO to any contract. GLOCO hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.

 

7.8  In no event, including but not limited to negligence, shall GLOCO, or any of its directors, officers, employees, agents or content or service providers (collectively, the “​protected entities​”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscriber Services or the content, materials and functions related thereto, User’s provision of information via the Subscriber Services of the GLOCO, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscriber Services by Practitioners to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscriber Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscriber Services exceed, in the aggregate RM100.00.

 

7.9  In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscriber Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscriber Services provided by a User.

 

7.10          The listing order of Practitioners and/or Practices on the Subscriber Services is based on numerous factors including End-Users’ comments and feedbacks. In no event shall the protected entities and  GLOCO be liable or responsible for the listing order of Practitioners and/or Practices on the Service. Further, GLOCO shall not be responsible for adverse feedback or comments, or ratings on the Subscriber Services which are a subject matter of automated processes, and GLOCO disclaims any liability for lost business or reputation of a User due to information, data or ratings that’s are available on the Service. GLOCO at its discretion hold the sole right to display the listing order of the Practitioner and/ or Practices.

 

7.11          The reviews and the feedbacks are displayed by the GLOCO at its discretion. You agree that GLOCO may contact you through telephone, email, sms, or at your contact details for the limited purpose of:

 

                                            i.            Obtaining feedback in relation to GLOCO’s Subscriber Services;

                                          ii.            Offering other software/products/insurance in relation to GLOCO’s Subscriber Services; and/or

                                        iii.            Obtaining feedback in relation to any Practitioners or the HCPs listed on the Service.

 

7.12          The protected entities and the GLOCO shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in GLOCO Subscriber Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.

 

8.      INDEMNITY

 

8.1  User agrees to indemnify and hold harmless GLOCO, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. GLOCO will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

9.      SPAMMING

 

9.1  GLOCO has a zero­tolerance spam policy. GLOCO employs controls on user permission to receive Content from GLOCO’s Subscriber Services and has easily accessible ways for users to block or not receive content if they chose to. However, GLOCO’s policy on spam is clearly stated below:

 

                                            i.            Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.

                                          ii.            The sender of any message deemed to be "spam" is liable for RM100.00­ for each End-­User that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to GLOCO within thirty (30) days of such transmission.

 

10.  TERM, TERMINATION AND DISPUTES

 

10.1          This Agreement will remain in full force and effect while the User is a user of any of the Subscriber Services in any form or capacity.

 

10.2          The User can request for termination of his/her/its membership with GLOCO at any time by providing 30 (thirty) days’ prior written notice to infoMY@gloco.com. During this 30­day period, GLOCO will investigate and ascertain the fulfilment of any ongoing Subscriber Services or pending dues related to subscription fees or any other fees by the User. GLOCO may require the User to continue his/her/its subscription until the completion or termination of an on­going Subscriber Services or subscription period, should the situation warrant and at GLOCO’s discretion. The User shall be obligated to clear any dues with GLOCO for any of its Subscriber Services for which the User has procured. GLOCO shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscriber Services.

 

10.3          GLOCO reserves the right to terminate any account in cases:

 

                                            i.            A User breaches any terms and conditions of this terms of use or privacy policy;

                                          ii.            GLOCO is unable to verify or authenticate any information provide to GLOCO by a User; or

                                        iii.            GLOCO believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for GLOCO or are contrary to the interests of the Service.

 

 

10.4          Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Subscriber Services under the same account, a different account or re­register under a new account, unless explicitly permitted by GLOCO. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Subscriber Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User­ provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict GLOCO’s use of the data or right to publish information made available by a User in the public domain through the Subscriber Services or any other platform managed by GLOCO after the termination or expiry of a subscription or cessation of operation of these Terms in relation to a specific User.

 

10.5          Return of User’s Data: Upon request by a User made within 60 (sixty) days after the effective date of termination of a Subscriber Services subscription due to non­payment, GLOCO will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by GLOCO. After such 60 (sixty) days period, GLOCO shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription ­ Users data will not be available after termination of subscription in such cases.

 

10.6          GLOCO reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscriber Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if GLOCO is unable to verify or authenticate any information the User submits to GLOCO, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for GLOCO to provide the Subscriber Services to the User.

 

10.7          This Agreement and any contractual obligation between GLOCO and User will be governed by the laws of Malaysia, subject to the exclusive jurisdiction of Courts in Malaysia.

 

10.8          Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

 

10.9          Any amendment in these Terms shall replace all previous versions of the same.

 

11.  THEFT OF SUBSCRIBER SERVICES

 

11.1          You agree to notify GLOCO immediately, in writing or by mail to ​infoMY@gloco.com or by calling GLOCO customer care on 1300 88 6008, if your content is stolen or if you become aware at any time that your account with any Subscriber Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscriber Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscriber Services and additional charges to you.

 

11.2          You will be liable for all use of the Subscriber Services if your account is misused and also for any and all stolen Subscriber Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, GLOCO shall not be liable to extend the subscription period or waive­ off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. GLOCO will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscriber Services.

 

12.  MISUSE OF SUBSCRIBER SERVICES

 

12.1          GLOCO may restrict, suspend or terminate the account of any User who abuses or misuses the Subscriber Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that GLOCO, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, GLOCO has adopted a policy of terminating accounts of users who, in GLOCO’s sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by GLOCO.

 

13.  SEVERABILITY AND WAIVER

 

13.1          If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

 

 

14.  CONTACT INFORMATION

 

14.1          If any User has any question, issue, complaint regarding any of our Subscriber Services, please contact our customer service at ​infoMY@gloco.com or by calling GLOCO customer care on 1300 88 6008​.

 

14.2          If a User has any questions concerning GLOCO, the Service, this Agreement, or anything related to any of the foregoing, GLOCO can be reached at the following email address infoMY@gloco.com or via the contact information available from the following hyperlink: ​www.ghealth.com/contact or www.gloco.com